Florida Statute 458.303 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.303

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 Citing Statute 458.303

Total Results: 8

Dirga v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-21T00:00:00-07:00

Citation: 39 So. 3d 388, 2010 Fla. App. LEXIS 8934, 2010 WL 2472489

Snippet: provision in another jurisdiction"; and section 458.303(1)(b), Florida Statutes (2003), refers to "

Ortiz v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2004-07-21T00:53:00-07:00

Citation: 882 So. 2d 402

Snippet: However, section 458.303(2) specifically limits the reach of section 458.331. Pursuant to 458.303(2), the grant…a specific statutory prohibition under section 458.303(2), Florida Statutes (2002). The administrative…458.309(1), Fla. Stat. (2002). However, in section 458.303(2), the Legislature limited the Board's rulemaking…authority because the provisions contained in section 458.303 limit the Board's rulemaking authority as provided…presented is whether the provisions of section 458.303 limit the Board's ability under section 458.331

Griffin Ex Rel. Griffin v. Jb Hunt Transport

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-04T00:53:00-07:00

Citation: 795 So. 2d 155

Snippet: acted within the scope of his practice. See § 458.303(1)(a), (b), Fla. Stat. (1999) (excluding from provisions…examiner in Florida, the provisions of section 458.303(1)(a) and (b), Florida Statutes (1999),[1] notwithstanding…The term `consultation,' as used in Section 458.303(1)(b), Florida Statutes, encompasses the actions…be said that sections 440.13(1)(j) and (r), and 458.303(1)(a) and (b), read in pari materia, are ambiguous…for further proceedings.[3] NOTES [1] Section 458.303(1) exempts from many of the provisions of chapter

Carter v. Department of Professional Regulation, Board of Medicine

Court: Fla. Dist. Ct. App. | Date Filed: 1989-09-20T00:00:00-07:00

Citation: 550 So. 2d 494, 14 Fla. L. Weekly 2207, 1989 Fla. App. LEXIS 5150, 1989 WL 109519

Snippet: to lack of statutory authority. Under Section 458.303, Florida Statutes (1987), several classes of individuals… of the United States while on active duty.” § 458.303(l)(c), Fla. Stat. (1987). The Board argues that….2d 1221 (Fla.1985). We do not construe Section 458.303(l)(c), Florida Statutes (1987), to preclude the

Lujan v. Department of Professional Regulation, Board of Medicine

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-31T00:00:00-07:00

Citation: 528 So. 2d 27, 13 Fla. L. Weekly 1314, 1988 Fla. App. LEXIS 2193, 1988 WL 53057

Snippet: certificate issued by the Board to Dr. Lujan. See § 458.303(1)(i), Fla.Stat. (1985). We have not overlooked…, rev. denied, 504 So.2d 767 (Fla.1987); see § 458.303(1)(i), Fla.Stat. (1985). Reversed and remanded.

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