Florida Statute 456.032 | 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. 456.032

456.032 Hepatitis B or HIV carriers.—

(1) The department and each appropriate board within the Division of Medical Quality Assurance shall have the authority to establish procedures to handle, counsel, and provide other services to health care professionals within their respective boards who are infected with hepatitis B or the human immunodeficiency virus.

(2) Any person licensed by the department and any other person employed by a health care facility who contracts a blood-borne infection shall have a rebuttable presumption that the illness was contracted in the course and scope of his or her employment, provided that the person, as soon as practicable, reports to the person’s supervisor or the facility’s risk manager any significant exposure, as that term is defined in s. 381.004(1)(f), to blood or body fluids. The employer may test the blood or body fluid to determine if it is infected with the same disease contracted by the employee. The employer may rebut the presumption by the preponderance of the evidence. Except as expressly provided in this subsection, there shall be no presumption that a blood-borne infection is a job-related injury or illness.

History.—s. 75, ch. 91-297; s. 76, ch. 94-218; s. 62, ch. 97-261; s. 81, ch. 99-397; s. 59, ch. 2000-160; s. 121, ch. 2012-184; s. 2, ch. 2015-110.

Note.—Former s. 455.2224; s. 455.601.

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Amendments to 456.032

Arrestable Offenses / Crimes under Fla. Stat. 456.032

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 456.032.

Annotations, Discussions, Cases:

Cases Citing Statute 456.032

Total Results: 2

Paramount Enterprises, Inc. v. Mitchell

Court: Supreme Court of Florida | Date Filed: 1932-03-10

Citation: 140 So. 328, 104 Fla. 407

Snippet: of Seattle, 32 Wn. 531, 81 P. 1069, 16 R. C. L. 456, 32 C. J. 172; Olympia Operating Co. vs. Costello et

Kelsey v. Lake Childs Co.

Court: Supreme Court of Florida | Date Filed: 1927-04-05

Citation: 112 So. 887, 93 Fla. 743

Snippet: 362, 59 L.Ed. 996; Cornelius v. Kessel, 128 U.S. 456, 32 L.Ed. 482; Payne v. New Mexico, 255 U.S. 367, 65