What it means
Section 766.103 may be cited as the Florida Medical Consent Law. In medical treatment activity not covered by the Good Samaritan Act (s. 768.13), this law governs.
No recovery is allowed against a physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant, in an action for treating, examining, or operating on a patient without informed consent, when either of two grounds applies. Ground one has two parts that must both be met: the provider's way of obtaining consent was in accordance with an accepted standard of medical practice among similar providers in the same or a similar community, and a reasonable individual, from the information given, would have a general understanding of the procedure, the medically acceptable alternatives, and the substantial risks and hazards inherent in the proposed treatment. Ground two applies if the patient would reasonably, under all surrounding circumstances, have undergone the treatment had the patient been advised as ground one describes.
A consent evidenced in writing that meets subsection (3), validly signed by the patient or another authorized person, raises a rebuttable presumption of valid consent. A valid signature is one given by a person who, under all the surrounding circumstances, is mentally and physically competent to give consent.
- The section is the Florida Medical Consent Law and governs medical treatment activity not covered by the Good Samaritan Act, s. 768.13 (§ 766.103(1)-(2)).
- It bars recovery against listed providers in an action for treatment without informed consent when either ground in subsection (3) applies (§ 766.103(3)).
- Ground one requires both an accepted-standard consent process and general understanding of the procedure, alternatives, and substantial risks (§ 766.103(3)(a)1.-2.).
- Ground two applies if the patient would reasonably have undergone the treatment even if advised under ground one (§ 766.103(3)(b)).
- A written consent meeting subsection (3), validly signed, raises a rebuttable presumption of valid consent (§ 766.103(4)(a)).
- A valid signature comes from a person mentally and physically competent to consent (§ 766.103(4)(b)).
Text of the statute (2026)
(1) This section shall be known and cited as the “Florida Medical Consent Law.” (2) In any medical treatment activity not covered by s. 768.13, entitled the “Good Samaritan Act,” this act shall govern.
(3) No recovery shall be allowed in any court in this state against any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, dentist licensed under chapter 466, advanced practice registered nurse licensed under s. 464.012, or physician assistant licensed under s. 458.347 or s. 459.022 in an action brought for treating, examining, or operating on a patient without his or her informed consent when: (a)1. The action of the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in obtaining the consent of the patient or another person authorized to give consent for the patient was in accordance with an accepted standard of medical practice among members of the medical profession with similar training and experience in the same or similar medical community as that of the person treating, examining, or operating on the patient for whom the consent is obtained; and 2. A reasonable individual, from the information provided by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant, under the circumstances, would have a general understanding of the procedure, the medically acceptable alternative procedures or treatments, and the substantial risks and hazards inherent in the proposed treatment or procedures, which are recognized among other physicians, osteopathic physicians, chiropractic physicians, podiatric physicians, or dentists in the same or similar community who perform similar treatments or procedures; or (b) The patient would reasonably, under all the surrounding circumstances, have undergone such treatment or procedure had he or she been advised by the physician, osteopathic physician, chiropractic physician, podiatric physician, dentist, advanced practice registered nurse, or physician assistant in accordance with the provisions of paragraph (a).
(4)(a) A consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, raise a rebuttable presumption of a valid consent. (b) A valid signature is one which is given by a person who under all the surrounding circumstances is mentally and physically competent to give consent.
Excerpts are the subsections the summary relies on. Read the full official text of § 766.103.
History. s. 11, ch. 75-9; s. 21, ch. 85-175; s. 1150, ch. 97-102; s. 62, ch. 97-264; ss. 230, 297, ch. 98-166; s. 2, ch. 2007-176; s. 11, ch. 2016-145; s. 78, ch. 2018-106.
How it applies
The section applies to informed-consent claims against the providers listed in subsection (3): physicians, osteopathic physicians, chiropractic physicians, podiatric physicians, dentists, advanced practice registered nurses, and physician assistants.
The two grounds in subsection (3) are alternatives: paragraph (a) or paragraph (b). Within paragraph (a), both subparagraphs must be met. A signed written consent raises a presumption under subsection (4) that can be rebutted. Pre-suit notice requirements for medical negligence claims are in s. 766.106.
Related sections
Questions people ask
Sources
- Florida Statutes (2026), s. 766.103, Florida Senate (Supports subsections (1) to (4): the citation name, the two alternative grounds, and the written-consent presumption.)
- Online Sunshine, Florida Statutes (2026), s. 766.103 (Text, catchline, and History line checked against this page on 2026-10-17: A consent which is evidenced in writing and meets the requirements of subsection (3) shall, if validly signed by the patient or another authorized person, raise a rebuttable presumption of a valid consent.)
- Florida Statutes (2026), s. 768.13, Florida Senate (Subsection (2) refers to the Good Samaritan Act, s. 768.13.)
Last checked: October 17, 2026
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