Florida Statutes

Fla. Stat. § 458.305 (2025)

Definitions.

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458.305 Definitions.—As used in this chapter:

(1) “Board” means the Board of Medicine.

(2) “Department” means the Department of Health.

(3) “Practice of medicine” means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.

(4) “Physician” means a person who is licensed to practice medicine in this state.

History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 3, 25, 26, ch. 86-245; s. 4, ch. 91-429; s. 103, ch. 94-218; s. 15, ch. 97-264.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1983–2024 · leading case: Barker v. Bd. of Med. Examiners, Dept. of Prof. Reg., 428 So. 2d 720 (Fla. 1st DCA 1983).

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Barker v. Bd. of Med. Examiners, Dept. of Prof. Reg., 428 So. 2d 720 (Fla. 1st DCA 1983). · cites it 5× “For example, Section 458.305(3), Florida Statutes (1979), defines the practice of medicine as "the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.”

Horowitz v. Plantation Gen. Hosp. Ltd., 959 So. 2d 176 (Fla. 2007). · cites it 2× “[7] See § 458.305(2), Fla. Stat. (2006). [8] Prior to 2003, section 458.”

Ocampo v. Dep't of Health, 806 So. 2d 633 (Fla. 1st DCA 2002). · cites it 4× “" § 458.305(3), Fla. Stat. (1999). Thus, Ocampo still has the same authority to practice medicine as he did prior to the exclusion.”

Fullerton v. Florida Med. Ass'n, Inc., 938 So. 2d 587 (Fla. 1st DCA 2006). · cites it 2× “101 in connection with those of section 458.305(3), Florida Statutes (2003), which defines the practice of medicine as the "diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.”

Elmariah v. Dept. of Prof'l Reg., Bd. of Med., 574 So. 2d 164 (Fla. 1st DCA 1990). · cites it 2× “" § 458.305(3), Fla. Stat. (1983). Given this definition and the language of section 458.”

Benjamin v. Tandem Healthcare, Inc., 998 So. 2d 566 (Fla. 2008). · cites it 2× “(2004) (stating Legislative intent as to chapter 458); § 458.305, Fla. Stat. (2004) (defining terms); § 459.”

Clair v. Glades Cnty. Bd. of Com'rs, 649 So. 2d 224 (Fla. 1995). · cites it 2× “§ 458.305, Fla. Stat. (1993). Osteopathic physicians have "the same rights as physicians and surgeons of other schools of medicine with respect to the treatment of cases or holding of offices in public institutions.”

Fla. Med. Ass'n v. Dept. of Prof. Reg., 426 So. 2d 1112 (Fla. 1st DCA 1983). “003(3), Florida Statutes (1981), as do physicians under Section 458.305(3).”

Strohm v. Hertz Corp., 685 So. 2d 37 (Fla. 1st DCA 1996). · cites it 2× “(1993) (chiropractors). Chiropractic physicians "are expressly prohibited from prescribing or administering to any person, any legend drug, from performing any surgery (except as specifically authorized), or from practicing obstetrics.”

Fla. Soc. of Ophthalmology v. State, Bd. of Optometry, 532 So. 2d 1279 (Fla. 1st DCA 1988). “See §§ 458.305(3) and 459.003(3), Fla. Stat. (1981).”

Spuza v. Dep't of Health, 838 So. 2d 676 (Fla. 2d DCA 2003). “See § 458.305(3) (defining the practice of medicine to mean "the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition").”

Clair v. Glades Cnty. Bd. of Com'rs, 635 So. 2d 84 (Fla. 2d DCA 1994). · cites it 2× “§ 458.305, Fla. Stat. (1993). Osteopathic physicians have "the same rights as physicians and surgeons of other schools of medicine with respect to the treatment of cases or holding of offices in public institutions.”

Show all 18 citing cases →

— 458.305(2) — 1 case

Horowitz v. Plantation Gen. Hosp. Ltd., 959 So. 2d 176 (Fla. 2007). “[7] See § 458.305(2), Fla. Stat. (2006). [8] Prior to 2003, section 458.”

— 458.305(3) — 11 cases

Ocampo v. Dep't of Health, 806 So. 2d 633 (Fla. 1st DCA 2002). “" § 458.305(3), Fla. Stat. (1999). Thus, Ocampo still has the same authority to practice medicine as he did prior to the exclusion.”

Barker v. Bd. of Med. Examiners, Dept. of Prof. Reg., 428 So. 2d 720 (Fla. 1st DCA 1983). “For example, Section 458.305(3), Florida Statutes (1979), defines the practice of medicine as "the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.”

Fullerton v. Florida Med. Ass'n, Inc., 938 So. 2d 587 (Fla. 1st DCA 2006). “101 in connection with those of section 458.305(3), Florida Statutes (2003), which defines the practice of medicine as the "diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.”

Elmariah v. Dept. of Prof'l Reg., Bd. of Med., 574 So. 2d 164 (Fla. 1st DCA 1990). “" § 458.305(3), Fla. Stat. (1983). Given this definition and the language of section 458.”

Fla. Med. Ass'n v. Dept. of Prof. Reg., 426 So. 2d 1112 (Fla. 1st DCA 1983). “003(3), Florida Statutes (1981), as do physicians under Section 458.305(3).”

— 458.305(4) — 2 cases

Allstate Ins. Co. v. Garrett, 550 So. 2d 22 (Fla. 2d DCA 1989).

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