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Florida Statute 458.301 | Lawyer Caselaw & Research
F.S. 458.301 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 458.301

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 458
MEDICAL PRACTICE
View Entire Chapter
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.

F.S. 458.301 on Google Scholar

F.S. 458.301 on Casetext

Amendments to 458.301


Arrestable Offenses / Crimes under Fla. Stat. 458.301
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.301.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BENJAMIN, v. TANDEM HEALTHCARE, INC., 998 So. 2d 566 (Fla. 2008)

. . . See, e.g., § 458.301, Fla. . . .

HOROWITZ, v. PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP,, 959 So. 2d 176 (Fla. 2007)

. . . See § 458.301, Fla. Stat. (2006). . . .

DOE, M. D. v. DEPARTMENT OF HEALTH,, 948 So. 2d 803 (Fla. Dist. Ct. App. 2006)

. . . The legislative intent of chapter 458 is specifically expressed in section 458.301, which states in pertinent . . .

MERCY HOSPITAL, INC. v. BAUMGARDNER, M., 870 So. 2d 130 (Fla. Dist. Ct. App. 2003)

. . . .” § 458.301, Fla. Stat. (1999). . . .

In HANFT, M. D. P. A. v. M. D. P. A. M. D., 274 B.R. 917 (Bankr. S.D. Fla. 2002)

. . . . § 458.301 and § 458 ,327(l)(a) impose upon a doctor the duty to know the status of his license. . . .

HAGGERTY v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 716 So. 2d 873 (Fla. Dist. Ct. App. 1998)

. . . the Board, and this court all rejected Boedy’s argument, stating that the last sentence in section 458.301 . . .

BORREGO, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 675 So. 2d 666 (Fla. Dist. Ct. App. 1996)

. . . Indeed, section 458.301, Florida Statutes (1993), provides that the purpose for enacting chapter 458, . . .

HUMANA MEDICAL PLAN, INC. v. S. JACOBSON, M. D., 614 So. 2d 520 (Fla. Dist. Ct. App. 1992)

. . . See also § 458.301, Fla.Stat. (1991) (where Legislature recognized importance of making informed choice . . .

DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA STATE BOARD OF MEDICINE, v. MARRERO, M. D., 536 So. 2d 1094 (Fla. Dist. Ct. App. 1988)

. . . , the Board’s arguments rely upon statutes granting it general regulatory powers, including Section 458.301 . . .

R. RIZZO, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 519 So. 2d 1019 (Fla. Dist. Ct. App. 1987)

. . . .” § 458.301, Fla.Stat. (1985). . . .

I. SABASTIER, v. STATE, 504 So. 2d 45 (Fla. Dist. Ct. App. 1987)

. . . graduate from allopathic medical schools or colleges, the legislature has set forth the following: 458.301 . . .

E. SPIRO, D. D. S. v. HIGHLANDS GENERAL HOSPITAL,, 489 So. 2d 802 (Fla. Dist. Ct. App. 1986)

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

MERCY HOSPITAL, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 467 So. 2d 1058 (Fla. Dist. Ct. App. 1985)

. . . See § 458.301, Fla. Stat. (1983). . . .

R. BOEDY, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 433 So. 2d 544 (Fla. Dist. Ct. App. 1983)

. . . [Boedy’s] reliance on the wording “physician practicing in this state” found in Section 458.301, Florida . . .

HODGE, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION OF STATE OF FLORIDA,, 432 So. 2d 117 (Fla. Dist. Ct. App. 1983)

. . . . §§ 458.301-458.349, Fla.Stat. (1981). . . .

R. BOEDY, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 428 So. 2d 758 (Fla. Dist. Ct. App. 1983)

. . . officer’s order of February 8, 1983, purports to deny Boedy’s motion to dismiss, saying: When Sections 458.301 . . .

FLORIDA MEDICAL ASSOCIATION, INC. W. Jr. J. v. DEPARTMENT OF PROFESSIONAL REGULATION, A. O. D. D. O. D., 426 So. 2d 1112 (Fla. Dist. Ct. App. 1983)

. . . Comparable provisions are found in Section 458.301. . . .