Florida Statute 401.445 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 401
MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION

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401.445 Emergency examination and treatment of incapacitated persons.—

(1) No recovery shall be allowed in any court in this state against any emergency medical technician, paramedic, or physician as defined in this chapter, any advanced practice registered nurse licensed under s. 464.012, or any physician assistant licensed under s. 458.347 or s. 459.022, or any person acting under the direct medical supervision of a physician, in an action brought for examining or treating a patient without his or her informed consent if:

(a) The patient at the time of examination or treatment is intoxicated, under the influence of drugs, or otherwise incapable of providing informed consent as provided in s. 766.103;

(b) The patient at the time of examination or treatment is experiencing an emergency medical condition; and

(c) The patient would reasonably, under all the surrounding circumstances, undergo such examination, treatment, or procedure if he or she were advised by the emergency medical technician, paramedic, physician, advanced practice registered nurse, or physician assistant in accordance with s. 766.103(3).

Examination and treatment provided under this subsection shall be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient.

(2) In examining and treating a person who is apparently intoxicated, under the influence of drugs, or otherwise incapable of providing informed consent, the emergency medical technician, paramedic, physician, advanced practice registered nurse, or physician assistant, or any person acting under the direct medical supervision of a physician, shall proceed wherever possible with the consent of the person. If the person reasonably appears to be incapacitated and refuses his or her consent, the person may be examined, treated, or taken to a hospital or other appropriate treatment resource if he or she is in need of emergency attention, without his or her consent, but unreasonable force shall not be used.

(3) This section does not limit medical treatment provided pursuant to court order or treatment provided in accordance with chapter 394 or chapter 397.

History.—s. 17, ch. 89-275; s. 15, ch. 89-283; s. 3, ch. 89-336; s. 1, ch. 90-192; s. 25, ch. 92-78; s. 3, ch. 93-12; s. 25, ch. 93-39; s. 802, ch. 95-148; s. 1, ch. 2007-176; s. 10, ch. 2016-145; s. 37, ch. 2018-106.

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Amendments to 401.445

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Cases Citing Statute 401.445

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Spurgeon v. State, 114 So. 3d 1042 (Fla. 5th DCA 2013).

Cited 8 times | Published | Florida 5th District Court of Appeal | 2013 WL 2359485, 2013 Fla. App. LEXIS 8593

...ul force”). . After taking away Spurgeon’s most viable affirmative defense-self-defense-the trial court *1048 compounded the error by giving the State’s requested special jury instruction titled "Involuntary Medical Examination,” pursuant to section 401.445, Florida Statutes. We decline to address the validity of giving this instruction because Spurgeon did not argue it was error on appeal. However, we note that if DenDekker was not acting in the lawful performance of her duties either because section 401.445 was inapplicable or because she used unreasonable force against Spurgeon while restraining him, the court should have granted Spurgeon’s requested instruction on the justifiable use of non-deadly force....

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Ago (Fla. Att'y Gen. 1992).

Published | Florida Attorney General Reports

personnel under s. 401.445(1), F.S.? SUMMARY: Section 401.445(1), F.S., provides protection from recovery