Florida Statute 458.301 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.301

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 that it is difficult for the public to make an informed choice when selecting a physician and that the consequences of a wrong decision could seriously harm the public health and safety. The primary legislative purpose in enacting this chapter is to ensure that every physician practicing in this state meets minimum requirements for safe practice. It is the legislative intent that physicians who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.

History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 1, 25, 26, ch. 86-245; s. 4, ch. 91-429.

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Amendments to 458.301

Annotations, Discussions, Cases:

Cases Citing Statute 458.301

Total Results: 16

Fla. Medical Ass'n v. Dept. of Prof. Regulation

426 So. 2d 1112

District Court of Appeal of Florida | Filed: Feb 2, 1983 | Docket: 1683627

Cited 22 times | Published

safety." Comparable provisions are found in Section 458.301. See, also, Florida Association of Dispensing

Horowitz v. PLANTATION GENERAL HOSP. LTD.

959 So. 2d 176, 2007 WL 1498968

Supreme Court of Florida | Filed: May 24, 2007 | Docket: 528349

Cited 16 times | Published

public from unsafe and unqualified physicians. See § 458.301, Fla. Stat. (2006). This is evidenced by the Legislature's

Humana Medical Plan, Inc. v. Jacobson

614 So. 2d 520, 1992 Fla. App. LEXIS 13026, 1992 WL 385412

District Court of Appeal of Florida | Filed: Dec 29, 1992 | Docket: 1239410

Cited 9 times | Published

overruled, 243 F. Supp. 793 (N.D.Ohio 1965). See also § 458.301, Fla. Stat. (1991) (where Legislature recognized

Boedy v. DEPT. OF PROFESSIONAL REG.

433 So. 2d 544

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 1727557

Cited 8 times | Published

"physician practicing in this state" found in Section 458.301, Florida Statutes, to support this jurisdictional

Doe v. Department of Health

948 So. 2d 803, 2006 Fla. App. LEXIS 21558, 2006 WL 3780681

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1769930

Cited 7 times | Published

of chapter 458 is specifically expressed in section 458.301, which states in pertinent part: The primary

Mercy Hosp. v. DEPT. OF PROF. REG.

467 So. 2d 1058, 10 Fla. L. Weekly 1024

District Court of Appeal of Florida | Filed: Apr 23, 1985 | Docket: 1275290

Cited 7 times | Published

production of the materials sought in this case.[1]See § 458.301, Fla. Stat. (1983). Turning next to the patient

Borrego v. Agency for Health Care Admin.

675 So. 2d 666, 1996 WL 329512

District Court of Appeal of Florida | Filed: Jun 18, 1996 | Docket: 1694405

Cited 6 times | Published

242, 196 So. 491, 493-94 (1940). Indeed, section 458.301, Florida Statutes (1993), provides that the

DEPT. OF PROFESSIONAL REG. STATE, BD. OF MED. v. Marrero

536 So. 2d 1094, 1988 WL 122616

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 1760014

Cited 5 times | Published

granting it general regulatory powers, including Section 458.301, Florida Statutes (Supp. 1986), setting forth

Benjamin v. Tandem Healthcare, Inc.

998 So. 2d 566, 33 Fla. L. Weekly Supp. 1006, 2008 Fla. LEXIS 2432, 2008 WL 5333646

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 1701585

Cited 4 times | Published

podiatric physicians, respectively. See, e.g., § 458.301, Fla. Stat. (2004) (stating Legislative intent

Church v. Hanft (In Re Hanft)

274 B.R. 917, 15 Fla. L. Weekly Fed. B 128, 2002 Bankr. LEXIS 237, 39 Bankr. Ct. Dec. (CRR) 74

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 20, 2002 | Docket: 1748876

Cited 4 times | Published

license was inactive or terminated. Rather, F.S. § 458.301 and § 458 .327(1)(a) impose upon a doctor the

MERCY HOSP., INC. v. Baumgardner

870 So. 2d 130, 2003 WL 23008811

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1697927

Cited 3 times | Published

meets minimum requirements for safe practice." § 458.301, Fla. Stat. (1999). Physicians who fall below

Pendergraft v. Department of Health, Board of Medicine

19 So. 3d 392, 2009 Fla. App. LEXIS 8694, 2009 WL 1883893

District Court of Appeal of Florida | Filed: Jul 2, 2009 | Docket: 1651187

Cited 1 times | Published

prohibited from practicing medicine in this State. § 458.301, Fla. Stat. (2005). The Department instituted

Haggerty v. Department of Business and Professional Regulation

716 So. 2d 873, 1998 WL 569171

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1521949

Cited 1 times | Published

jurisdiction to discipline him. He argued that section 458.301, Florida Statutes, provided that the legislative

Bradley D. Schaffner v. Florida Department of Health

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68511409

Published

“physician practicing in the state” as required by section 458.301, Florida Statutes. Id. To the contrary, we

Rizzo v. Department of Professional Regulation, Board of Medical Examiners

519 So. 2d 1019, 12 Fla. L. Weekly 2768, 1987 Fla. App. LEXIS 11417, 1987 WL 39239

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 64632612

Published

be prohibited from practicing in this state.” § 458.301, Fla.Stat. (1985). Section 458.331(1) specifies

Spiro v. Highlands General Hospital

489 So. 2d 802, 11 Fla. L. Weekly 1195, 1986 Fla. App. LEXIS 7963

District Court of Appeal of Florida | Filed: May 23, 1986 | Docket: 64619897

Published

these minimum requirements is set forth in section 458.301, which states that: The Legislature recognizes