Florida/Georgia Personal Injury & Workers Compensation

...Registered Dentists of Oklahoma, 193 Okla. 233, 143 P.2d 427 (1943). [13] Section 463.001(2) provides: "(2) The sole legislative purpose in enacting this Chapter is to ensure the protection of the public health and safety." Comparable provisions are found in Section 458.301....

...physician financial responsibility, discipline, and physician supervision over assistants and created the Board of Medicine. Furthermore, the regulations in chapter 458 are intended to safeguard the public from unsafe and unqualified physicians. See § 458.301, Fla....

...from the law than a businessman's expectation of profit from a purely commercial transaction. Hammonds v. Aetna Casualty & Surety Co., 237 F. Supp. 96, 101 (N.D.Ohio), motion for reconsideration overruled, 243 F. Supp. 793 (N.D.Ohio 1965). See also § 458.301, Fla....

...nt that [the Board] lacks jurisdiction to discipline inactive licenses is rejected for the same reasons expressed by the hearing officer in his order denying the motion. [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 person" in Section 458.331(2), Florida Statutes....

...Volusia County, 679 So.2d 729, 730 n. 1 (Fla.1996) ("The doctrine of in pari materia requires the courts to construe related statutes together so that they illuminate each other and are harmonized."). 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....

...on before the Florida Board of Medical Examiners. We think the overwhelming public interest of protecting the consuming health care public from treatment by unqualified physicians requires the production of the materials sought in this case. [1] See § 458.301, Fla....

...We glean imperfectly, from the briefs submitted by the parties, some of the policy reasons that the Board contends would validate the action taken. For example, the Board's arguments rely upon statutes granting it general regulatory powers, including Section 458.301, Florida Statutes (Supp....

...In Florida, the license to practice medicine is considered a privilege granted by the sovereign, which may be withdrawn to "preserve the public health, morals, comfort, safety and the good order of society." State ex rel. Munch v. Davis, 143 Fla. 236, 242, 196 So. 491, 493-94 (1940). 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...

...State of Florida Board of Regents, 724 So.2d 163, 168 (Fla. 1st DCA 1998). The law does not allow one who holds himself out as a doctor to claim that he did not commit fraud because he did not know his license was inactive or terminated. Rather, F.S. § 458.301 and § 458 .327(1)(a) impose upon a doctor the duty to know the status of his license....

...(2004) (defining terms under chapter 395); § 395.001, Fla. Stat. (2004) (describing the intent of the Legislature in chapter 395). Chapters 458, 459, and 461 address licensing of physicians, osteopathic physicians, and podiatric physicians, respectively. See, e.g., § 458.301, Fla....

...ian's failure to comply with a licensing statute, I must respectfully dissent. Chapter 458 is regulatory and its specified legislative purpose is "to ensure that every physician practicing in this state meets minimum requirements for safe practice." § 458.301, Fla....

...license was active, as was the case in Boedy v. Department of Professional Regulation, 433 So.2d 544 (Fla. 1st DCA 1983), wherein a physician whose license was inactive challenged the department's *875 jurisdiction to discipline him. 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. Boedy argued that because his license was inactive, he was not a "physician practicing in the state." Boedy, 433 So.2d at 544. The hearing officer, the Board, and this court all rejected Boedy's argument, stating that the last sentence in section 458.301 referred to "physicians" in general....

...Similarly, Chapter 458 is intended to ensure that every physician practicing in this State meets minimum requirements for safe practice and that any physician who falls below minimum competency or who otherwise presents a danger to the public is prohibited from practicing medicine in this State. § 458.301, Fla....

...order to practice medicine. The Medical Practice Act establishes in sections 458.311 and 458.313, Florida Statutes (1985), the minimum requirements for acquisition of a medical license. *804 The purpose of these minimum requirements is set forth in section 458.301, which states that: The Legislature recognizes that the practice of medicine is potentially dangerous to the public if conducted by unsafe and incompetent practitioners....

...In Boedy, the appellant, a physician, argued that a regulatory board lacked jurisdiction to discipline him because his physician license was inactive when the board sought to act. Id. at 544. He asserted that to be subject to discipline he had to be a “physician practicing in the state” as required by section 458.301, Florida Statutes....

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