Florida Statute 458.301 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 458.301

Total Results: 18

Bradley D. Schaffner v. Florida Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: practicing in the state” as required by section 458.301, Florida Statutes. Id. To the contrary, we reasoned

Pendergraft v. Department of Health, Board of Medicine

Court: District Court of Appeal of Florida | Date Filed: 2009-07-02

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

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

Benjamin v. Tandem Healthcare, Inc.

Court: Supreme Court of Florida | Date Filed: 2008-12-23

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

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

Horowitz v. PLANTATION GENERAL HOSP. LTD.

Court: Supreme Court of Florida | Date Filed: 2007-05-24

Citation: 959 So. 2d 176, 2007 WL 1498968

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

Doe v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2006-12-27

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

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

MERCY HOSP., INC. v. Baumgardner

Court: District Court of Appeal of Florida | Date Filed: 2003-12-24

Citation: 870 So. 2d 130, 2003 WL 23008811

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

Haggerty v. Department of Business and Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1998-09-09

Citation: 716 So. 2d 873, 1998 WL 569171

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

Borrego v. Agency for Health Care Admin.

Court: District Court of Appeal of Florida | Date Filed: 1996-06-18

Citation: 675 So. 2d 666, 1996 WL 329512

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

Humana Medical Plan, Inc. v. Jacobson

Court: District Court of Appeal of Florida | Date Filed: 1992-12-29

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1988-11-18

Citation: 536 So. 2d 1094, 1988 WL 122616

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

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

Court: District Court of Appeal of Florida | Date Filed: 1987-12-09

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

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

Sabastier v. State

Court: District Court of Appeal of Florida | Date Filed: 1987-03-18

Citation: 504 So. 2d 45, 12 Fla. L. Weekly 811

Snippet: the legislature has set forth the following: 458.301 Purpose. The Legislature recognizes that the

Spiro v. Highlands General Hospital

Court: District Court of Appeal of Florida | Date Filed: 1986-05-23

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 1985-04-23

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

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

Boedy v. DEPT. OF PROFESSIONAL REG.

Court: District Court of Appeal of Florida | Date Filed: 1983-05-06

Citation: 433 So. 2d 544

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

Hodge v. DEPT. OF PROF. REG. OF FLA.

Court: District Court of Appeal of Florida | Date Filed: 1983-04-27

Citation: 432 So. 2d 117

Snippet: ORFINGER, C.J., and COWART, J., concur. NOTES [1] §§ 458.301-458.349, Fla. Stat. (1981). [2] §§ 893.01-893

Boedy v. Department of Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1983-03-25

Citation: 428 So. 2d 758, 1983 Fla. App. LEXIS 18939

Snippet: Boedy’s motion to dismiss, saying: When Sections 458.301, 458.321 and 458.331, Florida Statutes (1981) are

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

Court: District Court of Appeal of Florida | Date Filed: 1983-02-02

Citation: 426 So. 2d 1112

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