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Fla. Stat. § 458.303 (2025)

Provisions not applicable to other practitioners; exceptions, etc.

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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.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1981–2022 · leading case: Mazurek v. Armstrong, 520 U.S. 968 (1997).
Sort: Relevance Newest Treatment
Mazurek v. Armstrong, 520 U.S. 968 (1997). · cites it 2× “, Fla. Stat. §§ 458.303 (1)(a), 458.327(1), 458.”
Ortiz v. Dep't of Health, 882 So. 2d 402 (Fla. 4th DCA 2004). · cites it 13× “Appellant contends that the Board's rule exceeded its authority because the provisions contained in section 458.303 limit the Board's rulemaking authority as provided in section 458.”
Dirga v. Butler, 39 So. 3d 388 (Fla. 1st DCA 2010). · cites it 2× “003(13), Florida Statutes (2003) refers to health care providers specifically licensed under certain Florida Statutes “or [a] similar statutory provision in another jurisdiction”; and section 458.303(l)(b), Florida Statutes (2003), refers to “[a]ny physician lawfully licensed in…”
Griffin Ex Rel. Griffin v. Jb Hunt Transp., 795 So. 2d 155 (Fla. 1st DCA 2001). · cites it 5× “[3] NOTES [1] Section 458.303(1) exempts from many of the provisions of chapter 458: "(a) Other duly licensed health care practitioners acting within their scope of practice authorized by statute"; and "(b) Any physician lawfully licensed in another state or territory or foreign…”
Carter v. Dep't of Prof'l Reg., Bd. of Med., 550 So. 2d 494 (Fla. 1st DCA 1989). · cites it 6× “Under Section 458.303, Florida Statutes (1987), several classes of individuals are exempt from the Board’s otherwise broad regulatory powers.”
Lujan v. Dep't of Prof'l Reg., Bd. of Med., 528 So. 2d 27 (Fla. 3d DCA 1988). · cites it 4× “See § 458.303(1)(i), Fla.Stat. (1985). We have not overlooked the appellee’s extensive argument that Dr.”
Gov't Employees Ins. Co. v. The Right Spinal Clinic, Inc. (M.D. Fla. 2022). “See § 458.303(2), Fla. Stat.; § 458.347(4)(d), (h), Fla.”
Practicing Doctors of Acupuncture v. Dep't of Prof'l Reg., 518 F. Supp. 282 (S.D. Fla. 1981). · cites it 2× “Fla.Stat. § 458.303(2) states in pertinent part that: Nothing .”
— 458.303(1) — 1 case
Griffin Ex Rel. Griffin v. Jb Hunt Transp., 795 So. 2d 155 (Fla. 1st DCA 2001). “[3] NOTES [1] Section 458.303(1) exempts from many of the provisions of chapter 458: "(a) Other duly licensed health care practitioners acting within their scope of practice authorized by statute"; and "(b) Any physician lawfully licensed in another state or territory or foreign…”
— 458.303(1)(a) — 1 case
Griffin Ex Rel. Griffin v. Jb Hunt Transp., 795 So. 2d 155 (Fla. 1st DCA 2001). “[3] NOTES [1] Section 458.303(1) exempts from many of the provisions of chapter 458: "(a) Other duly licensed health care practitioners acting within their scope of practice authorized by statute"; and "(b) Any physician lawfully licensed in another state or territory or foreign…”
— 458.303(1)(b) — 1 case
Griffin Ex Rel. Griffin v. Jb Hunt Transp., 795 So. 2d 155 (Fla. 1st DCA 2001). “[3] NOTES [1] Section 458.303(1) exempts from many of the provisions of chapter 458: "(a) Other duly licensed health care practitioners acting within their scope of practice authorized by statute"; and "(b) Any physician lawfully licensed in another state or territory or foreign…”
— 458.303(1)(i) — 1 case
Lujan v. Dep't of Prof'l Reg., Bd. of Med., 528 So. 2d 27 (Fla. 3d DCA 1988). “See § 458.303(1)(i), Fla.Stat. (1985). We have not overlooked the appellee’s extensive argument that Dr.”
— 458.303(2) — 3 cases
Ortiz v. Dep't of Health, 882 So. 2d 402 (Fla. 4th DCA 2004). “Appellant contends that the Board's rule exceeded its authority because the provisions contained in section 458.303 limit the Board's rulemaking authority as provided in section 458.”
Gov't Employees Ins. Co. v. The Right Spinal Clinic, Inc. (M.D. Fla. 2022). “See § 458.303(2), Fla. Stat.; § 458.347(4)(d), (h), Fla.”
Practicing Doctors of Acupuncture v. Dep't of Prof'l Reg., 518 F. Supp. 282 (S.D. Fla. 1981). “Fla.Stat. § 458.303(2) states in pertinent part that: Nothing .”
— 458.303(l)(b) — 1 case
Dirga v. Butler, 39 So. 3d 388 (Fla. 1st DCA 2010). “003(13), Florida Statutes (2003) refers to health care providers specifically licensed under certain Florida Statutes “or [a] similar statutory provision in another jurisdiction”; and section 458.303(l)(b), Florida Statutes (2003), refers to “[a]ny physician lawfully licensed in…”
— 458.303(l)(c) — 1 case
Carter v. Dep't of Prof'l Reg., Bd. of Med., 550 So. 2d 494 (Fla. 1st DCA 1989). “Under Section 458.303, Florida Statutes (1987), several classes of individuals are exempt from the Board’s otherwise broad regulatory powers.”
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