Florida Statute 458.326 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.326

458.326 Intractable pain; authorized treatment.—

(1) For the purposes of this section, the term “intractable pain” means pain for which, in the generally accepted course of medical practice, the cause cannot be removed and otherwise treated.

(2) Intractable pain must be diagnosed by a physician licensed under this chapter and qualified by experience to render such diagnosis.

(3) Notwithstanding any other provision of law, a physician may prescribe or administer any controlled substance under Schedules II-V, as provided for in s. 893.03, to a person for the treatment of intractable pain, provided the physician does so in accordance with that level of care, skill, and treatment recognized by a reasonably prudent physician under similar conditions and circumstances.

(4) Nothing in this section shall be construed to condone, authorize, or approve mercy killing or euthanasia, and no treatment authorized by this section may be used for such purpose.

History.—s. 3, ch. 94-96; s. 100, ch. 97-264; s. 4, ch. 99-186; s. 6, ch. 2002-78; s. 17, ch. 2016-105.

F.S. 458.326 on Google Scholar

F.S. 458.326 on Casetext

Amendments to 458.326

Arrestable Offenses / Crimes under Fla. Stat. 458.326

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.326.

Annotations, Discussions, Cases:

Cases Citing Statute 458.326

Total Results: 2

Krischer v. McIver

Court: Supreme Court of Florida | Date Filed: 1997-07-17

Citation: 697 So. 2d 97, 1997 WL 414567

Snippet: guilty of manslaughter." See also §§ 765.309, 458.326(4), Fla. Stat. (1995) (disapproving mercy killing

Hoover v. Agency for Health Care Admin.

Court: District Court of Appeal of Florida | Date Filed: 1996-06-26

Citation: 676 So. 2d 1380, 1996 WL 346971

Snippet: (2) the intractable pain treatment law, section 458.326, Florida Statutes, which became effective in 1994