The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.303

458.303 Provisions not applicable to other practitioners; exceptions, etc.—

(1) The provisions of ss. 458.301, 458.305, 458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319, 458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341, 458.343, 458.345, 458.347, and this section shall have no application to:

(a) Other duly licensed health care practitioners acting within their scope of practice authorized by statute.

(b) Any physician lawfully licensed in another state or territory or foreign country, when meeting duly licensed physicians of this state in consultation.

(c) Commissioned medical officers of the Armed Forces of the United States and of the Public Health Service of the United States while on active duty and while acting within the scope of their military or public health responsibilities.

(d) Any person while actually serving without salary or professional fees on the resident medical staff of a hospital in this state, subject to the provisions of s. 458.321.

(e) Any person furnishing medical assistance in case of an emergency.

(f) The domestic administration of recognized family remedies.

(g) The practice of the religious tenets of any church in this state.

(h) Any person or manufacturer who, without the use of drugs or medicine, mechanically fits or sells lenses, artificial eyes or limbs, or other apparatus or appliances or is engaged in the mechanical examination of eyes for the purpose of constructing or adjusting spectacles, eyeglasses, or lenses.

(2) Nothing in s. 458.301, s. 458.305, s. 458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s. 458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s. 458.339, s. 458.341, s. 458.343, s. 458.345, s. 458.347, or this section shall be construed to prohibit any service rendered by a registered nurse or a licensed practical nurse, if such service is rendered under the direct supervision and control of a licensed physician who provides specific direction for any service to be performed and gives final approval to all services performed. Further, nothing in this or any other chapter shall be construed to prohibit any service rendered by a medical assistant in accordance with the provisions of s. 458.3485.

History.—ss. 1, 8, ch. 79-302; s. 290, ch. 81-259; ss. 2, 3, ch. 81-318; s. 2, ch. 84-543; s. 1, ch. 84-552; s. 2, ch. 84-553; s. 9, ch. 85-196; s. 1, ch. 85-307; ss. 2, 25, 26, ch. 86-245; s. 15, ch. 88-1; s. 4, ch. 91-429; s. 14, ch. 97-264; s. 24, ch. 2016-224.

F.S. 458.303 on Google Scholar

F.S. 458.303 on Casetext

Amendments to 458.303

Arrestable Offenses / Crimes under Fla. Stat. 458.303

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.303.

Annotations, Discussions, Cases:

Cases from cite.case.law:

B. DIRGA, v. A. BUTLER, M. D., 39 So. 3d 388 (Fla. Dist. Ct. App. 2010)

. . . certain Florida Statutes “or [a] similar statutory provision in another jurisdiction”; and section 458.303 . . .

ORTIZ, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 882 So. 2d 402 (Fla. Dist. Ct. App. 2004)

. . . when promulgating the rule, and the rule contravenes a specific statutory prohibition under section 458.303 . . . Section 458.303(2) specifically prohibits the use of rulemaking authority for this purpose. . . . Either way, section 458.303(2) prevents the use of rulemaking authority for this purpose. . . . Section 458.303(2) prevents the use of the rulemaking authority to prohibit the provision of services . . . The Board argues that section 458.303(2) does not apply to CRNAs because the statute refers only to “ . . .

GRIFFIN, By E. GRIFFIN, v. J. B. HUNT TRANSPORT, 795 So. 2d 155 (Fla. Dist. Ct. App. 2001)

. . . does not authorize him to act as an independent medical examiner in Florida, the provisions of section 458.303 . . . Administrative Code Rule 64B8-2.001(8), which provides: “The term ‘consultation,’ as used in Section 458.303 . . . Even if it could arguably be said that sections 440.13(l)(j) and (r), and 458.303(l)(a) and (b), read . . . Section 458.303(1) exempts from many of the provisions of chapter 458: "(a) Other duly licensed health . . . See § 458.303(l)(a), (b), Fla. . . .

MAZUREK, ATTORNEY GENERAL OF MONTANA v. ARMSTRONG, 520 U.S. 968 (U.S. 1997)

. . . . §§ 458.303(l)(a), 458.327(1), 458.347 (1991 and Supp. 1997); post, at 980-981, n. 7 (citing statutes . . .

CARTER, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD MEDICINE T. II,, 550 So. 2d 494 (Fla. Dist. Ct. App. 1989)

. . . Under Section 458.303, Florida Statutes (1987), several classes of individuals are exempt from the Board . . . of the United States and of the public health service of the United States while on active duty.” § 458.303 . . . We do not construe Section 458.303(l)(c), Florida Statutes (1987), to preclude the Board from initiating . . .

J. LUJAN, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 528 So. 2d 27 (Fla. Dist. Ct. App. 1988)

. . . See § 458.303(1)(i), Fla.Stat. (1985). . . . Affairs, Inc., 495 So.2d 790, 793 (Fla. 1st DCA 1986), rev. denied, 504 So.2d 767 (Fla.1987); see § 458.303 . . .

PRACTICING DOCTORS OF ACUPUNCTURE, v. DEPARTMENT OF PROFESSIONAL REGULATION OF STATE OF FLORIDA,, 518 F. Supp. 282 (S.D. Fla. 1981)

. . . . § 458.303(2) states in pertinent part that: Nothing . . . shall be construed to prohibit any service . . .