Florida Statutes
Fla. Stat. § 458.301 (2025)
Purpose.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1983–2024 · leading case: Horowitz v. Plantation Gen. Hosp. Ltd., 959 So. 2d 176 (Fla. 2007).
Horowitz v. Plantation Gen. Hosp. Ltd., 959 So. 2d 176 (Fla. 2007). “See § 458.301, Fla. Stat. (2006). This is evidenced by the Legislature's statement "that physicians who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.”
Boedy v. Dept. of Prof'l Reg., 433 So. 2d 544 (Fla. 1st DCA 1983). “[Boedy's] reliance on the wording "physician practicing in this state" found in Section 458.301, Florida Statutes, to support this jurisdictional claim is undercut not only by the language used in the last sentence of that same section but also by the use of the phrase "any…”
Dept. of Prof'l Reg. State, Bd. of Med. v. Marrero, 536 So. 2d 1094 (Fla. 1st DCA 1988). “For example, the Board's arguments rely upon statutes granting it general regulatory powers, including Section 458.301, Florida Statutes (Supp. 1986), setting forth the legislative purpose "to ensure that every physician practicing in this state meet minimum requirements for…”
Benjamin v. Tandem Healthcare, Inc., 998 So. 2d 566 (Fla. 2008). “, § 458.301, Fla. Stat. (2004) (stating Legislative intent as to chapter 458); § 458.”
Haggerty v. Dep't of Bus. & Prof'l Reg., 716 So. 2d 873 (Fla. 1st DCA 1998). “He argued that section 458.301, Florida Statutes, provided that the legislative purpose of chapter 458 was to insure that "every physician practicing in the state" met basic requirements.”
Humana Med. Plan, Inc. v. Jacobson, 614 So. 2d 520 (Fla. 3d DCA 1992). “Liquidated damages clauses, such as the one at issue in this case, seriously impair patients' choice of a physician, by discouraging doctors from continuing existing doctor/patient relationships.”
Borrego v. Agency for Health Care Admin., 675 So. 2d 666 (Fla. 1st DCA 1996). “Indeed, section 458.301, Florida Statutes (1993), provides that the purpose for enacting chapter 458, which contains the disciplinary statute at issue, is to protect the public from practitioners who cannot comply with "minimum requirements for safe practice.”
Mercy Hosp. v. Dept. of Prof. Reg., 467 So. 2d 1058 (Fla. 3d DCA 1985). “[1] See § 458.301, Fla. Stat. (1983). Turning next to the patient hospital records sought by the subpoenas herein, we think these records are privileged and confidential under the circumstances of this case.”
Fla. Med. Ass'n v. Dept. of Prof. Reg., 426 So. 2d 1112 (Fla. 1st DCA 1983). “2nd DCA 1969), involving a suit by the Association seeking declaration that its members were authorized by Section 484.”
Church v. Hanft (In Re Hanft), 274 B.R. 917 (Bankr. S.D. Florida 2002). “Rather, F.S. § 458.301 and § 458 ,327(l)(a) impose upon a doctor the duty to know the status of his license.”
Doe v. Dep't of Health, 948 So. 2d 803 (Fla. 2d DCA 2006). “The legislative intent of chapter 458 is specifically expressed in section 458.301, which states in pertinent part: The primary legislative purpose in enacting this chapter is to ensure that every physician practicing in this state meets minimum requirements for safe practice.”
MERCY HOSP., INC. v. Baumgardner, 870 So. 2d 130 (Fla. 3d DCA 2003). “" § 458.301, Fla. Stat. (1999). Physicians who fall below the minimum standards "shall be prohibited from practicing in this state.”
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