Florida Statute 458.325 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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458.325 Electroconvulsive and psychosurgical procedures.—

(1) In each case of utilization of electroconvulsive or psychosurgical procedures, prior written consent shall be obtained after disclosure to the patient, if he or she is competent, or to the patient’s guardian, if he or she is a minor or incompetent, of the purpose of the procedure, the common side effects thereof, alternative treatment modalities, and the approximate number of such procedures considered necessary and that any consent given may be revoked by the patient or the patient’s guardian prior to or between treatments.

(2) Before convulsive therapy or psychosurgery may be administered, the patient’s treatment record shall be reviewed and the proposed convulsive therapy or psychosurgery agreed to by one other physician not directly involved with the patient. Such agreement shall be documented in the patient’s treatment record and shall be signed by both physicians.

History.—s. 1, ch. 79-302; s. 2, ch. 81-318; ss. 25, 26, ch. 86-245; s. 4, ch. 91-429; s. 208, ch. 97-103.

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Amendments to 458.325

Annotations, Discussions, Cases:

Cases Citing Statute 458.325

Total Results: 3 | Sort by: Relevance | Newest First

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State v. Presidential Women's Ctr., 937 So. 2d 114 (Fla. 2006).

Cited 12 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 210, 2006 Fla. LEXIS 555, 2006 WL 870497

...section 766.103 of the Florida Statutes. [2] Moreover, the Florida Legislature *118 has enacted statutes that have application and govern the concept of informed consent in specific contexts. See, e.g., § 458.324, Fla. Stat. (2005) (breast cancer); § 458.325, Fla....

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Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 797 F.3d 859 (11th Cir. 2015).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

...§ 458.324 (requiring physicians treating patients diagnosed with or at a high risk for breast cancer to provide various information about treatment alternatives to the patient and document the provision of such information in the patient’s medical records); id. § 458.325 (requiring physicians, prior to administering electroconvulsive or psychosurgical procedures to a patient, to disclose information regarding the procedure); id....

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Dr. Bernd Wollschlaeger v. Governor of the State of Florida, 814 F.3d 1159 (11th Cir. 2015).

Published | Court of Appeals for the Eleventh Circuit | 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

...§ 458.324 (requiring physicians treating patients diagnosed with or at a high risk for breast cancer to provide to their patients various information about treatment alternatives and document the provision of such information in their patients’ medical records); id. § 458.325 (requiring physicians, prior to administering electroconvulsive or psychosurgical procedures, to disclose information regarding the procedure); id....

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