Your Rights as a Health Care Consumer
Under Florida Law

1. If a person offering or delivering healthcare services is unlicensed, she may be in violation of Sec. 456.0565, Fla. Stat., which prohibits “[t]he unlicensed practice of a health care profession or the performance or delivery of medical or health care services to patients in this state without a valid, active license to practice that profession, regardless of the means of the performance or delivery of such services.” The unlicensed practice of a health care profession should be reported to the Florida Department of Health, Division of Medical Quality Assurance. For further information go to the Department’s website at www.doh.state.fl.us/mqa and click on “Unlicensed Activity” in the menu on the left side. Or call 1-877-HALT-ULA (1-877-425-8852) or e-mail HALTULA@doh.state.fl.us. Complaints may be filed anonymously.
2. If a person is a licensed healthcare professional a complaint can be filed against him with the Florida Department of Health, Division of Medical Quality Assurance. For further information go to www.doh.state.fl.us/mqa and click on “File a Complaint” in the menu to the left. Or you can call the Division of Medical Quality Assurance at 1-888-419-3456 or (850) 245-4339 for assistance. Licensed healthcare professionals include acupuncturists, medical doctors, osteopaths, chiropractors, podiatrists, naturopaths, optometrists, nurses, dentists, nutritionists, massage therapists, physical therapists and psychologists. A complete listing can be found at the website noted above. Grounds for discipline of a licensed healthcare professional are set forth in Sec. 456.072, Fla. Stat. (2008).
3. The Florida Legislature enacted a “Florida Patient’s Bill of Rights and Responsibilities” but unfortunately chose to apply it only to healthcare facilities and three types of licensed healthcare providers: medical doctors, osteopaths, and podiatrists. Sec. 381.026, Fla.Stat. (2008).
4. The Florida Legislature has enacted a confusing statute, Sec. 456.41, Fla. Stat. (2008) which permits all licensed health care practitioners to offer “complementary or alternative health care treatments,” defined as “any treatment that is designed to provide patents with an effective option to the prevailing or conventional treatment methods associated with the services provided by a health care practitioner.” This would seem to take acupuncture and subluxation-based chiropractic out of the definition of “alternative” health care practices as they are “prevailing” within those practices. The use of the word “effective” is interesting, as this would seem to require the support of good scientific studies showing the effectiveness of the treatment. The statute also requires informed consent of the patient to the treatment, but it does not appear to the any different than the level of informed consent required for “conventional” treatments. The method by which certain requirements of the statute were met must be recorded in the patient’s chart. There is no specific remedy provided for violation of the statute, other than the offering of such treatments comes “with the same requirements, provisions, and liabilities as those associated with the prevailing or conventional treatments.”
5. Florida’s Medical Consent law, Sec. 766.103, Fla. Stat. (2008), applies to certain licensed health care practitioners (e.g., medical doctors, dentists, chiropractors) but not to others (acupuncturists, massage therapists). It has NO application to anyone who is not a licensed health care professional, such as an iridologist. Unlike some other states, in Florida the standard for getting the patient’s consent is governed by what a reasonable practitioner would do in similar circumstances, although the statute does specify that the patient must have a general understanding of the procedure, other acceptable procedures or treatments and the substantial risks and hazards inherent in the proposed treatment or procedures, but only those risks recognized among other members of practitioner’s professions. It is highly doubtful anyone would agree to a procedure if he or she were told it had no plausible basis in science, was contrary to known principles of human functioning and either had never been tested for its effectiveness, or there were good scientific studies showing that the therapy was not effective. Unfortunately, it has yet to be determined by any court that this sort of information must be given to a patient undergoing an “alternative” treatment to comply with Florida’s informed consent law.
6. Bringing a malpractice action against a healthcare provider is beyond the scope of this discussion. You should consult an attorney if you are considering such action. Of course, if you believe the actions of a healthcare provider constitute a crime, you should contact local law enforcement authorities immediately.

This is not intended to be a complete listing of all rights you may have nor is it intended as legal advice regarding your specific situation. You may have additional rights under local, state or federal law, including the right to file suit. If you have any questions or want additional information consult an attorney.