Emergency medical care or treatment to minors without parental consent.§ 743.064
1 opinion cite § 743.064
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N.C. v. Department of Children & Families 2D19-2542 · 2nd DCA 2020
Certiorari granted; order authorizing immunization of sheltered children over the mother's religious objection quashed because the court misapplied the governing statutes.
… - 10 - immunization, a court order shall be required unless the situation meets the definition of an emergency in s. 743.064 or the treatment needed is related to suspected abuse, abandonment, or neglect of the child by a parent, caregiver, …
No opinion cites this provision by number.
1 admin code rule cite § 743.064
DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.
- Rule 65C-28.003 Medical Treatment. Implements
No admin code rule cites this provision.
2 CFOPs cite § 743.064
How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.
- CFOP 170-10 Providing Services and Support for Children in Care and for Caregivers p. 7
- CFOP 170-18 Services for Children with MH and Any Co-Occurring SA or DD Treatment Needs p. 3
No CFOP cites this provision.
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(1) The absence of parental consent notwithstanding, a physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459 may render emergency medical care or treatment to any minor who has been injured in an accident or who is suffering from an acute illness, disease, or condition if, within a reasonable degree of medical certainty, delay in initiation or provision of emergency medical care or treatment would endanger the health or physical well-being of the minor. Emergency medical care or treatment may be rendered in the prehospital setting by paramedics, emergency medical technicians, and other emergency medical services personnel, provided such care is rendered consistent with chapter 401. These persons shall follow the general guidelines and notification provisions of this section.
(2) This section shall apply only when parental consent cannot be immediately obtained for one of the following reasons:
(a) The minor’s condition has rendered him or her unable to reveal the identity of his or her parents, guardian, or legal custodian, and such information is unknown to any person who accompanied the minor to the hospital.
(b) The parents, guardian, or legal custodian cannot be immediately located by telephone at their place of residence or business.
(3) Notification shall be accomplished as soon as possible after the emergency medical care or treatment is administered. The hospital records shall reflect the reason such consent was not initially obtained and shall contain a statement by the attending physician that immediate emergency medical care or treatment was necessary for the patient’s health or physical well-being. The hospital records shall be open for inspection by the person legally responsible for the minor.
(4) No person as delineated in subsection (1), hospital, or college health service shall incur civil liability by reason of having rendered emergency medical care or treatment pursuant to this section, provided such treatment or care was rendered in accordance with acceptable standards of medical practice.
History. s. 1, ch. 79-302; s. 66, ch. 86-220; s. 1, ch. 90-42; s. 1066, ch. 97-102; s. 1, ch. 2022-53.