Florida Statute 456.001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 456
HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

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F.S. 456.001

456.001 Definitions.—As used in this chapter, the term:

(1) “Board” means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, except that, for ss. 456.003-456.018, 456.022, 456.023, 456.025-456.033, and 456.039-456.082, “board” means only a board, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the Division of Medical Quality Assurance.

(2) “Consumer member” means a person appointed to serve on a specific board or who has served on a specific board, who is not, and never has been, a member or practitioner of the profession, or of any closely related profession, regulated by such board.

(3) “Department” means the Department of Health.

(4) “Health care practitioner” means any person licensed under chapter 457; chapter 458; chapter 459; chapter 460; chapter 461; chapter 462; chapter 463; chapter 464; chapter 465; chapter 466; chapter 467; part I, part II, part III, part V, part X, part XIII, or part XIV of chapter 468; chapter 478; chapter 480; part I, part II, or part III of chapter 483; chapter 484; chapter 486; chapter 490; or chapter 491.

(5) “License” means any permit, registration, certificate, or license, including a provisional license, issued by the department.

(6) “Licensee” means any person or entity issued a permit, registration, certificate, or license, including a provisional license, by the department.

(7) “Profession” means any activity, occupation, profession, or vocation regulated by the department in the Division of Medical Quality Assurance.

(8) “Sex” means the classification of a person as either male or female based on the organization of the human body of such person for a specific reproductive role, as indicated by the person’s sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.

(9)(a) “Sex-reassignment prescriptions or procedures” means:

1. The prescription or administration of puberty blockers for the purpose of attempting to stop or delay normal puberty in order to affirm a person’s perception of his or her sex if that perception is inconsistent with the person’s sex as defined in subsection (8).

2. The prescription or administration of hormones or hormone antagonists to affirm a person’s perception of his or her sex if that perception is inconsistent with the person’s sex as defined in subsection (8).

3. Any medical procedure, including a surgical procedure, to affirm a person’s perception of his or her sex if that perception is inconsistent with the person’s sex as defined in subsection (8).

(b) The term does not include:

1. Treatment provided by a physician who, in his or her good faith clinical judgment, performs procedures upon or provides therapies to a minor born with a medically verifiable genetic disorder of sexual development, including any of the following:

a. External biological sex characteristics that are unresolvably ambiguous.

b. A disorder of sexual development in which the physician has determined through genetic or biochemical testing that the patient does not have a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female, as applicable.

2. Prescriptions or procedures to treat an infection, an injury, a disease, or a disorder that has been caused or exacerbated by the performance of any sex-reassignment prescription or procedure, regardless of whether such prescription or procedure was performed in accordance with state or federal law.

3. Prescriptions or procedures provided to a patient for the treatment of a physical disorder, physical injury, or physical illness that would, as certified by a physician licensed under chapter 458 or chapter 459, place the individual in imminent danger of death or impairment of a major bodily function without the prescription or procedure.

History.—s. 33, ch. 97-261; s. 72, ch. 99-397; s. 36, ch. 2000-160; s. 2, ch. 2002-199; s. 116, ch. 2014-17; s. 90, ch. 2018-24; s. 57, ch. 2020-156; s. 2, ch. 2021-133; s. 4, ch. 2023-90.

Note.—Former s. 455.501.

F.S. 456.001 on Google Scholar

F.S. 456.001 on Casetext

Amendments to 456.001

Arrestable Offenses / Crimes under Fla. Stat. 456.001

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.001.

Annotations, Discussions, Cases:

Cases Citing Statute 456.001

Total Results: 13

Bradley D. Schaffner v. Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: including a provisional license, by the department.” § 456.001(6), Fla. Stat. Chapter 465— the chapter governing

Sorenson v. Professional Compounding Pharmacists of Western Pennsylvania, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-05-11

Citation: 191 So. 3d 929, 2016 WL 2726274, 2016 Fla. App. LEXIS 7136

Snippet: is a “health care practitioner” under section 456.001(4), which extends to chapter 465, the Pharmacy

Pierrot v. Osceola Mental Health, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2013-01-11

Citation: 106 So. 3d 491, 2013 Fla. App. LEXIS 464, 2013 WL 132463

Snippet: medical records of a decedent. In any event, section 456.001(4)'s definition does not include a mental health

Harris v. SOHA

Court: District Court of Appeal of Florida | Date Filed: 2009-07-16

Citation: 15 So. 3d 767, 2009 Fla. App. LEXIS 9688, 2009 WL 2049173

Snippet: Any health care practitioner as defined in s. 456.001(4) who is in a hospital attending to a patient

State v. Nguyen

Court: District Court of Appeal of Florida | Date Filed: 2008-04-25

Citation: 980 So. 2d 1189, 2008 WL 1827430

Snippet: professions and occupations, section 456.001(4) provides: 456.001. Definitions As used in this chapter

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-01-27

Snippet: or a health care practitioner as defined in s. 456.001. Providers may charge a fee for copies not to exceed

Cone v. State, Dept. of Health

Court: District Court of Appeal of Florida | Date Filed: 2004-10-28

Citation: 886 So. 2d 1007, 2004 WL 2402638

Snippet: Division of Medical Quality Assurance. See §§ 456.001, 456.002, and 456.004, Fla. Stat. (2003). Appellant

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-02-22

Snippet: has received from a specialty board. 2 See, s. 456.001(4), Fla. Stat., defining "[h]ealth care practitioner"

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-02-13

Snippet: (e.s.) See, Kennedy v. Wiggins, 368 So.2d 454, 456 (1 D.C.A.Fla., 1979), stating that the apparent purpose

City of Tampa v. Norris

Court: District Court of Appeal of Florida | Date Filed: 1958-03-07

Citation: 101 So. 2d 30, 1958 Fla. App. LEXIS 2661

Snippet: Pennsylvania Ry., 1957, 352 U.S. 518, 77 S.Ct. 455, 456, 1 L.Ed.2d 508, an employee was riding in the caboose

Bryan v. Knox

Court: Supreme Court of Florida | Date Filed: 1939-06-02

Citation: 189 So. 700, 138 Fla. 452, 1939 Fla. LEXIS 1426

Snippet: of complaint on four grounds, as follows: *Page 456 "1. Said bill shows no cause of action against her

Maxwell v. Jacksonville Loan & Improvement Co.

Court: Supreme Court of Florida | Date Filed: 1903-01-15

Citation: 45 Fla. 425

Snippet: Bradley Fertilizer Co., 44 Fla. 787, 33 South. Rep. 456, 1 Ency. Pl. & Pr., 924. The next contention involves

Caro v. Caro

Court: Supreme Court of Florida | Date Filed: 1903-01-15

Citation: 45 Fla. 203

Snippet: South. Rep. 189; Waples on Homesteads, pp. 446-456; 1 Underhill on Wills, Sec. 59. In McCrae v. McCrae