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following statement in the same print size or volume: “The specialty recognition identified herein has been received from a private organization not affiliated with or recognized by the Board of Medicine.” For information on medical specialties approved by the American Board of Medical Specialties, call 1-866-275-2267. It is the physician’s responsibility to maintain an exact copy of an audio or videotaped advertisement for a period of at least six months from the date that the actual advertisement is aired or shown. Physicians who solicit patients personally or through an agent are responsible for any advertising used. A physician who advertises through referral services is likewise responsible and such advertisements are required to contain the following: 1. A statement that the advertisement is for a medical referral service and is in the behalf of the physician member of the service. 2. A statement that the referral services refers only to those physicians who have paid or been selected for membership in the referral service. 3. A statement that membership in the referral service is limited by the referral agency. 4. A statement that physicians who receive referrals from the service charge no more than their usual and customary fees. 5. These required statements shall be present in reasonably recognizable print or volume equivalent to the size or volume of other information in the advertisement. In any advertisement for free, discounted or reduced fee services, examination or treatment, Section 456.062, Florida Statutes, requires that the following statement must appear in capital letters in a manner which is clearly distinguishable from the rest of the text: THE PATIENT AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT OF ANY OTHER SERVICE, EXAMINATION, OR TREATMENT WHICH IS PERFORMED AS A RESULT OF THE ADVERTISEMENT AND WITHIN 72 HOURS OF RESPONDING TO THEADVERTISEMENT FOR THE FREE, DISCOUNTED OR REDUCED FEE SERVICEEXAMINATION OR TREATMENT. “However, the required statement shall not be necessary as an accompaniment to an advertisement of a licensed health care practitioner defined by this section if the advertisement appears in a classified directory the primary purpose of which is to provide products and services at free, reduced, or discounted prices to consumers and in which the statement prominently appears in at least one place.”This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: March 2013 AIDS AND HIV• Information regarding physician responsibilities with regards to AIDS is generally found in Chapters 381 and 384 of the Florida Statutes.• A physician who makes a positive diagnosis of AIDS or HIV must report that information to the local county health department of the Department of Health. The information must be reported with sufficient specificity to identify the test subject and on the availability and location of sites at which anonymous testing is performed. Sections 381.004(3)(a) and 384.25(1), Florida Statutes; Rule 64D-3.030, Florida Administrative Code. All cases of AIDS and adult HIV must be reported within two weeks of the diagnosis. All cases of HIV in newborns and children below the age of six must be reported by the next business day. For the most up to date report form please look to Rule 64D-3.030(5) for more information. Indeterminate test results and unconfirmed positive antibody tests are not reportable. • A minor (i.e., a person less than 18 years of age) may consent to treatment for a sexually transmissible disease, including AIDS. Section 384.30(1), Florida Statutes.• There are several situations where informed consent for testing is not required including where there is (a) a bona fide medical emergency and the person is unable to consent; (b) a situation in which informed consent would be detrimental to patient and the test results are necessary to provide appropriate care or treatment; (c) a significant exposure has occurred during the course of employment or within the scope of practice of the physician, in which case the cost of the test must be borne by the physician; (d) a court order; or (e) a requirement in state or federal law requiring testing for sexually transmissible diseases, including testing of persons convicted of prostitution or of procuring another to commit prostitution. Section 381.004(2)(h), Florida Statutes.• Informed consent is still required in all other cases and must include information on HIV infection reporting and on the availability of anonymous testing. Post-test counseling requirements have been revised to leave notification procedures to the individual medical practice. Nothing prohibits the results by telephone or mail; however, strict confidentiality provisions and penalties for violations require that physicians exercise extreme care in notifying test subjects of their results.• The physician must confirm a positive HIV test before notifying the patient. Preliminary test results, however, may be released to health care providers and to the person tested when decisions about medical care or treatment of the person tested cannot await the results of confirmatory testing. Preliminary test results are defined to mean an antibody screening test, such as the enzyme-linked immunosorbent assays (ELISAs). Section 381.004(2)(d), Florida Statutes.• A general release does not entitle a third party pay or any other individual to HIV records. A specific form for the release of HIV information as well as a HIV Informed Consent form can be found in the forms section of this document.• No release is needed between health care providers consulting between themselves or with health care facilities to determine diagnosis and treatment. Section 381.004(2)(e)4, F.S.• Health care workers involved in the delivery of a child can note the mother's HIV test results in the child's medical chart. This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: August 2016 VOLUNTEER IMMUNITY For centuries the medical profession has been characterized by unselfish physicians who have donated their time and skill to provide care to those less fortunate. During the latter part of the 20th century, however, the rise of medical malpractice has made physicians wary of providing any care, much less gratuitous care, for fear of subjecting the physician to malpractice liability.Fortunately, Florida has taken several actions to prevent the physician who responds to the needs of society’s less fortunate through the provision of gratuitous care. As early as 1965, the state adopted a Good Samaritan Act (Section 768.13, Florida Statutes), which provided a small level of protection for physicians rendering emergency care to patients, regardless of whether the physician is compensated. The Good Samaritan Act provides immunity for any physician who renders care in an emergency situation without objection of the injured victim. In order to be entitled to the statute’s protection, the physician must be able to demonstrate that he acted “as an ordinary reasonably prudent person would have acted under the same or similar circumstances.” It is important to note that this statute provides immunity from liability only if the emergency care is provided “without objection of the injured