458.301
Purpose.
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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.
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.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1983–2024 · leading case: Horowitz v. PLANTATION GENERAL HOSP. LTD.
Horowitz v. PLANTATION GENERAL HOSP. LTD. (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 PROFESSIONAL REG. (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 PROFESSIONAL REG. STATE, BD. OF MED. v. Marrero (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. (2008)
“, § 458.301, Fla. Stat. (2004) (stating Legislative intent as to chapter 458); § 458.”
Haggerty v. Department of Business and Professional Regulation (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 Medical Plan, Inc. v. Jacobson (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. (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. (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. Medical Ass'n v. Dept. of Prof. Regulation (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) (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. Department of Health (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 (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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