Florida Statutes Title XXXII Chapter 458 - Medical Practice

• 458.301 - Purpose.
  The Legislature recognizes that the practice of medicine is potentially dangerous to the public if conducted by unsafe and incompetent practitioners. The Legislature finds further...
• 458.303 - Provisions Not Applicable To Other Practitioners; Exceptions, Etc.
  (1) The provisions of ss. 458.301, 458.305, 458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319, 458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341, 458.343, 458.345, 458.347, and this...
• 458.305 - Definitions.
  As used in this chapter:(1) “Board” means the Board of Medicine.(2) “Department” means the Department of Health.(3) “Practice of medicine” means the diagnosis, treatment, operation, or prescription for...
• 458.307 - Board Of Medicine.
  (1) There is created within the department the Board of Medicine, composed of 15 members appointed by the Governor and confirmed by the Senate.(2) Twelve members of...
• 458.309 - Rulemaking Authority.
  (1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.(2)(a) Any rules...
• 458.310 - Restricted Licenses.
  (1) It is the intent of the Legislature to provide medical services to all the residents of this state at an affordable cost.(2) The Board of Medicine...
• 458.311 - Licensure By Examination; Requirements; Fees.
  (1) Any person desiring to be licensed as a physician, who does not hold a valid license in any state, shall apply to the department on...
• 458.3115 - Restricted License; Certain Foreign-licensed Physicians; Examination; Restrictions On Practice; Full Licensure.
  (1)(a) Notwithstanding any other provision of law, the department shall provide procedures under which certain physicians who are or were foreign-licensed and have practiced medicine no...
• 458.3124 - Restricted License; Certain Experienced Foreign-trained Physicians.
  (1) A person who was trained in a medical school that is listed in the World Directory of Medical Schools published by the World Health Organization...
• 458.313 - Licensure By Endorsement; Requirements; Fees.
  (1) The department shall issue a license by endorsement to any applicant who, upon applying to the department on forms furnished by the department and remitting...
• 458.3135 - Temporary Certificate For Visiting Physicians To Practice In Approved Cancer Centers.
  (1) Any physician who has been accepted for a course of training by a cancer center approved by the board and who meets all of the...
• 458.3137 - Temporary Certificate For Visiting Physicians To Obtain Medical Privileges For Instructional Purposes In Conjunction With Certain Plastic Surgery Or Other Medical Or Surgical Training Programs And Educational Symposiums.
  (1) A physician who has been invited by:(a) A plastic surgery or other medical or surgical training program affiliated with a medical school in this state which...
• 458.314 - Certification Of Foreign Educational Institutions.
  (1) The Legislature recognizes the need to ensure that graduates of foreign medical schools who have received an education which is reasonably comparable to that of...
• 458.3145 - Medical Faculty Certificate.
  (1) A medical faculty certificate may be issued without examination to an individual who:(a) Is a graduate of an accredited medical school or its equivalent, or is...
• 458.3147 - Medical School Eligibility Of Military Academy Students Or Graduates.
  Any Florida resident who is a student at or a graduate of any of the United States military academies who has command approval to apply...
• 458.315 - Temporary Certificate For Practice In Areas Of Critical Need.
  (1) A physician who is licensed to practice in any jurisdiction of the United States, whose license is currently valid, and who pays an application fee...
• 458.3151 - Temporary Certificate For Active Duty Military And Veterans Practicing In Areas Of Critical Need.
  (1) A certificate issued pursuant to this section may be cited as the “Rear Admiral LeRoy Collins, Jr., Temporary Certificate for Practice in Areas of Critical...
• 458.316 - Public Health Certificate.
  (1) Any person desiring to obtain a public health certificate shall submit an application fee not to exceed $300 and shall demonstrate to the board that...
• 458.3165 - Public Psychiatry Certificate.
  The board shall issue a public psychiatry certificate to an individual who remits an application fee not to exceed $300, as set by the board,...
• 458.317 - Limited Licenses.
  (1)(a) Any person desiring to obtain a limited license shall submit to the board an application and fee not to exceed $300 and demonstrate that he...
• 458.3175 - Expert Witness Certificate.
  (1)(a) The department shall issue a certificate authorizing a physician who holds an active and valid license to practice medicine in another state or a province...
• 458.319 - Renewal Of License.
  (1) The department shall renew a license upon receipt of the renewal application, evidence that the applicant has actively practiced medicine or has been on the...
• 458.3191 - Physician Survey.
  (1) Each person who applies for licensure renewal as a physician under this chapter or chapter 459 must, in conjunction with the renewal of such license...
• 458.3192 - Analysis Of Survey Results; Report.
  (1) Each year, the Department of Health shall analyze the results of the physician survey required by s. 458.3191 and determine by geographic area and specialty...
• 458.3193 - Confidentiality Of Certain Information Contained In Physician Workforce Surveys.
  All personal identifying information contained in records provided by physicians licensed under this chapter or chapter 459 in response to physician workforce surveys required as...
• 458.320 - Financial Responsibility.
  (1) As a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an...
• 458.321 - Inactive Status.
  (1) A license that has become inactive may be reactivated under s. 458.319 upon application to the department. The board shall prescribe by rule continuing education...
• 458.323 - Itemized Patient Billing.
  Whenever a physician licensed under this chapter renders professional services to a patient, the physician is required, upon request, to submit to the patient, the...
• 458.324 - Breast Cancer; Information On Treatment Alternatives.
  (1) DEFINITION.—As used in this section, the term “medically viable,” as applied to treatment alternatives, means modes of treatment generally considered by the medical profession to...
• 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...
• 458.3255 - Electronic-communications Diagnostic-imaging Or Treatment Services.
  Only a physician licensed in this state or otherwise authorized to practice medicine in this state may order, from a person located outside this state,...
• 458.326 - Intractable Pain; Authorized Treatment.
  (1) For the purposes of this section, the term “intractable pain” means pain for which, in the generally accepted course of medical practice, the cause cannot...
• 458.3265 - Pain-management Clinics.
  (1) REGISTRATION.—(a)1. As used in this section, the term:a. “Board eligible” means successful completion of an anesthesia, physical medicine and rehabilitation, rheumatology, or neurology residency program approved by...
• 458.327 - Penalty For Violations.
  (1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:(a) The practice of...
• 458.329 - Sexual Misconduct In The Practice Of Medicine.
  The physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship through which the physician...
• 458.3295 - Concerted Effort To Refuse Emergency Room Treatment To Patients; Penalties.
  (1) A physician licensed pursuant to this chapter may not instigate or engage in a concerted effort to refuse or get physicians to refuse to render...
• 458.331 - Grounds For Disciplinary Action; Action By The Board And Department.
  (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):(a) Attempting to obtain, obtaining, or renewing a license...
• 458.3311 - Emergency Procedures For Disciplinary Action.
  Notwithstanding any other provision of law to the contrary, no later than 30 days after a third report of a professional liability claim against a...
• 458.3312 - Specialties.
  A physician licensed under this chapter may not hold himself or herself out as a board-certified specialist unless the physician has received formal recognition as...
• 458.335 - Prescription Or Administration Of Dimethyl Sulfoxide (Dmso).
  (1) As used in this section, unless the context clearly requires otherwise, “physician” means a doctor of medicine or osteopathic medicine licensed under this chapter or...
• 458.336 - Drugs To Treat Obesity; Rules Establishing Guidelines.
  The Board of Medicine shall adopt rules to establish practice guidelines for physicians to safely prescribe phentermine, fenfluramine, and other drugs used to treat obesity.History.—s....
• 458.337 - Reports Of Disciplinary Actions By Medical Organizations And Hospitals.
  (1)(a) The department shall be notified when any physician:1. Has been removed or suspended or has had any other disciplinary action taken by his or her peers...
• 458.339 - Physician’s Consent; Handwriting Samples; Mental Or Physical Examinations.
  Every physician who accepts a license to practice medicine in this state shall, by so accepting the license or by making and filing a renewal...
• 458.341 - Search Warrants For Certain Violations.
  When the department has reason to believe that violations of s. 458.331(1)(q) or (r) have occurred or are occurring, its agents or other duly authorized...
• 458.343 - Subpoena Of Certain Records.
  Notwithstanding the provisions of s. 456.057, the department may issue subpoenas duces tecum requiring the names and addresses of some or all of the patients...
• 458.345 - Registration Of Resident Physicians, Interns, And Fellows; List Of Hospital Employees; Prescribing Of Medicinal Drugs; Penalty.
  (1) Any person desiring to practice as a resident physician, assistant resident physician, house physician, intern, or fellow in fellowship training which leads to subspecialty board...
• 458.347 - Physician Assistants.
  (1) LEGISLATIVE INTENT.—(a) The purpose of this section is to encourage more effective utilization of the skills of physicians or groups of physicians by enabling them to...
• 458.3475 - Anesthesiologist Assistants.
  (1) DEFINITIONS.—As used in this section, the term:(a) “Anesthesiologist” means an allopathic physician who holds an active, unrestricted license; who has successfully completed an anesthesiology training program...
• 458.348 - Formal Supervisory Relationships, Standing Orders, And Established Protocols; Notice; Standards.
  (1) NOTICE.—(a) When a physician enters into a formal supervisory relationship or standing orders with an emergency medical technician or paramedic licensed pursuant to s. 401.27, which...
• 458.3485 - Medical Assistant.
  (1) DEFINITION.—As used in this section, “medical assistant” means a professional multiskilled person dedicated to assisting in all aspects of medical practice under the direct supervision...
• 458.351 - Reports Of Adverse Incidents In Office Practice Settings.
  (1) Any adverse incident that occurs on or after January 1, 2000, in any office maintained by a physician for the practice of medicine which is...

Last modified: September 23, 2016