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hearing to determine the medical necessity of the medical procedure. The patient
shall be physically present, unless the patient's medical condition precludes such
presence, represented by counsel, and provided the right and opportunity to be
confronted with, and to cross-examine, all witnesses alleging the medical
necessity of such procedure. In such proceedings, the burden of proof by clear
and convincing evidence shall be on the party alleging the medical necessity of
the procedure.
(d) The administrator of a receiving or treatment facility may, upon the
recommendation of the patient's attending physician, authorize emergency
medical treatment, including a surgical procedure, if such treatment is
deemed lifesaving, or if the situation threatens serious bodily harm to the
patient, and permission of the patient or the patient's guardian or guardian
advocate cannot be obtained.
Other state laws addressing medical consent are as follows:
766.103 Florida Medical Consent Law.--
(1) This section shall be known and cited as the "Florida Medical Consent Law."
(3) No recovery shall be allowed in any court in this state against any physician
licensed under chapter 458, osteopathic physician licensed under chapter 459,
chiropractic physician licensed under chapter 460, podiatric physician licensed
under chapter 461, dentist licensed under chapter 466, advanced registered
nurse practitioner certified under s. 464.012, or physician assistant licensed
under s. 458.347 or s. 459.022 in an action brought for treating, examining, or
operating on a patient without his or her informed consent when:
(a)1. The action of the physician, osteopathic physician, chiropractic physician,
podiatric physician, dentist, advanced registered nurse practitioner, or physician
assistant in obtaining the consent of the patient or another person authorized to
give consent for the patient was in accordance with an accepted standard of
medical practice among members of the medical profession with similar training
and experience in the same or similar medical community as that of the person
treating, examining, or operating on the patient for whom the consent is obtained;
and
2. A reasonable individual, from the information provided by the physician,
osteopathic physician, chiropractic physician, podiatric physician, dentist,
advanced registered nurse practitioner, or physician assistant, under the
circumstances, would have a general understanding of the procedure, the
medically acceptable alternative procedures or treatments, and the substantial
risks and hazards inherent in the proposed treatment or procedures, which are
recognized among other physicians, osteopathic physicians, chiropractic
physicians, podiatric physicians, or dentists in the same or similar community
who perform similar treatments or procedures; or
(b) The patient would reasonably, under all the surrounding circumstances, have
undergone such treatment or procedure had he or she been advised by the
physician, osteopathic physician, chiropractic physician, podiatric physician,
dentist, advanced registered nurse practitioner, or physician assistant in
accordance with the provisions of paragraph (a).
(4)(a) A consent which is evidenced in writing and meets the requirements of
subsection (3) shall, if validly signed by the patient or another authorized person,
raise a rebuttable presumption of a valid consent.