Fla. Stat. 459.0125
Breast cancer; information on treatment alternatives


(1)

DEFINITION.As used in this section, the term “medically viable,” as applied to treatment alternatives, means modes of treatment generally considered by the medical profession to be within the scope of current, acceptable standards.

(2)

COMMUNICATION OF TREATMENT ALTERNATIVES.It is the obligation of every physician treating a patient who is, or in the judgment of the physician is at high risk of being, diagnosed as having breast cancer to inform such patient of the medically viable treatment alternatives available to such patient; to describe such treatment alternatives; and to explain the relative advantages, disadvantages, and risks associated with the treatment alternatives to the extent deemed necessary to allow the patient to make a prudent decision regarding such treatment options. In compliance with this subsection, the physician may, in her or his discretion, orally communicate such information directly to the patient or the patient’s legal representative.In providing such information, the physician shall take into consideration the emotional state of the patient, the physical state of the patient, and the patient’s ability to understand the information.The physician may, in her or his discretion and without restriction, recommend any mode of treatment which is in the physician’s judgment the best treatment for the patient.

Nothing in this subsection shall reduce other provisions of law regarding informed consent.

(a)

It is the obligation of every physician treating a patient who is, or in the judgment of the physician is at high risk of being, diagnosed as having breast cancer to inform such patient of the medically viable treatment alternatives available to such patient; to describe such treatment alternatives; and to explain the relative advantages, disadvantages, and risks associated with the treatment alternatives to the extent deemed necessary to allow the patient to make a prudent decision regarding such treatment options. In compliance with this subsection, the physician may, in her or his discretion, orally communicate such information directly to the patient or the patient’s legal representative.

(b)

In providing such information, the physician shall take into consideration the emotional state of the patient, the physical state of the patient, and the patient’s ability to understand the information.

(c)

The physician may, in her or his discretion and without restriction, recommend any mode of treatment which is in the physician’s judgment the best treatment for the patient.

(3)

RECORDS.Every physician treating a patient who is, or in the judgment of the physician is at high risk of being, diagnosed as having breast cancer shall indicate on such patient’s medical record compliance or noncompliance with the provisions of subsection (2).

Source: Section 459.0125 — Breast cancer; information on treatment alternatives, https://www.­flsenate.­gov/Laws/Statutes/2024/0459.­0125 (accessed Aug. 7, 2025).

459.001
Purpose
459.002
Chapter not applicable to practice of medicine, surgery, chiropractic medicine, etc
459.003
Definitions
459.004
Board of Osteopathic Medicine
459.005
Rulemaking authority
459.008
Renewal of licenses and certificates
459.009
Inactive status
459.011
Privileges, obligations, and status of osteopathic physicians
459.012
Itemized patient statement
459.013
Penalty for violations
459.015
Grounds for disciplinary action
459.016
Reports of disciplinary actions by medical organizations
459.017
Osteopathic physician’s consent
459.018
Search warrants for certain violations
459.019
Subpoena of certain records
459.021
Registration of resident physicians, interns, and fellows
459.022
Physician assistants
459.023
Anesthesiologist assistants
459.025
Formal supervisory relationships, standing orders, and established protocols
459.026
Reports of adverse incidents in office practice settings
459.0055
General licensure requirements
459.0066
Expert witness certificate
459.074
Interstate Medical Licensure Compact
459.0075
Limited licenses
459.0076
Temporary certificate for practice in areas of critical need
459.0077
Osteopathic faculty certificate
459.0081
Physician survey
459.0082
Analysis of survey results
459.0083
Confidentiality of certain information contained in physician workforce surveys
459.0085
Financial responsibility
459.0092
Fees
459.0122
Patient records
459.0125
Breast cancer
459.0135
Drugs to treat obesity
459.0137
Pain-management clinics
459.0138
Office surgeries
459.0141
Sexual misconduct in the practice of osteopathic medicine
459.0145
Concerted effort to refuse emergency room treatment to patients
459.0151
Emergency procedures for disciplinary action
459.0152
Specialties
459.00761
Temporary certificate for active duty military and veterans practicing in areas of critical need

Current through Fall 2025

§ 459.0125. Breast cancer; information on treatment alternatives's source at flsenate​.gov