Florida Statute 458.305 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.305

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.

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Amendments to 458.305

Annotations, Discussions, Cases:

Cases Citing Statute 458.305

Total Results: 18

Fla. Medical Ass'n v. Dept. of Prof. Regulation

426 So. 2d 1112

District Court of Appeal of Florida | Filed: Feb 2, 1983 | Docket: 1683627

Cited 22 times | Published

Florida Statutes (1981), as do physicians under Section 458.305(3).

Horowitz v. PLANTATION GENERAL HOSP. LTD.

959 So. 2d 176, 2007 WL 1498968

Supreme Court of Florida | Filed: May 24, 2007 | Docket: 528349

Cited 16 times | Published

competence of staff-privileged physicians. [7] See § 458.305(2), Fla. Stat. (2006). [8] Prior to 2003, section

Barker v. Board of Medical Examiners, Dept. of Prof. Reg.

428 So. 2d 720

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1720148

Cited 15 times | Published

disciplines and educational requisites. For example, Section 458.305(3), Florida Statutes (1979), defines the practice

Fullerton v. FLORIDA MEDICAL ASSOCIATION, INC.

938 So. 2d 587

District Court of Appeal of Florida | Filed: Sep 27, 2006 | Docket: 1673647

Cited 9 times | Published

section 766.101 in connection with those of section 458.305(3), Florida Statutes (2003), which defines

Elmariah v. DEPT. OF PROFESSIONAL REGULATION, BD. OF MEDICINE

574 So. 2d 164, 1990 Fla. App. LEXIS 9454, 1990 WL 205438

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1436530

Cited 7 times | Published

deformity, or other physical or mental condition." § 458.305(3), Fla. Stat. (1983). Given this definition and

Ocampo v. Department of Health

806 So. 2d 633, 2002 Fla. App. LEXIS 1359, 2002 WL 205796

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 1712986

Cited 6 times | Published

the license is merely a ministerial act." Section 458.305(3), Florida Statutes (1999), defines the practice

Clair v. GLADES COUNTY BD. OF COM'RS

649 So. 2d 224, 1995 WL 16886

Supreme Court of Florida | Filed: Jan 19, 1995 | Docket: 1693741

Cited 5 times | Published

or other physical or mental condition (e.s.). § 458.305, Fla. Stat. (1993). Osteopathic physicians have

Benjamin v. Tandem Healthcare, Inc.

998 So. 2d 566, 33 Fla. L. Weekly Supp. 1006, 2008 Fla. LEXIS 2432, 2008 WL 5333646

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 1701585

Cited 4 times | Published

(stating Legislative intent as to chapter 458); § 458.305, Fla. Stat. (2004) (defining terms); § 459.001

Strohm v. Hertz Corp.

685 So. 2d 37, 1996 WL 708615

District Court of Appeal of Florida | Filed: Dec 5, 1996 | Docket: 1415146

Cited 4 times | Published

the other classes of health care providers. See § 458.305, Fla.Stat. (1993) (medical doctors); § 459.011(2)

Spuza v. Department of Health

838 So. 2d 676, 2003 WL 728388

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 461452

Cited 3 times | Published

were related to the practice of medicine. See § 458.305(3) (defining the practice of medicine to mean

Clair v. Glades County Bd. of Com'rs

635 So. 2d 84, 1994 WL 17259

District Court of Appeal of Florida | Filed: Jan 25, 1994 | Docket: 1352579

Cited 2 times | Published

or other physical or mental condition (e.s.). § 458.305, Fla. Stat. (1993). Osteopathic physicians have

Allstate Ins. Co. v. Garrett

550 So. 2d 22, 14 Fla. L. Weekly 1789, 1989 Fla. App. LEXIS 4282, 1989 WL 84312

District Court of Appeal of Florida | Filed: Jul 28, 1989 | Docket: 1370385

Cited 2 times | Published

there does not include chiropractors. [2] Section 458.305(4) defines "physician" as a person licensed

Fullerton v. FLORIDA MEDICAL ASS'N, INC.

973 So. 2d 1144, 2006 WL 1888545

District Court of Appeal of Florida | Filed: Jul 11, 2006 | Docket: 1688075

Cited 1 times | Published

section 766.101 in connection with those of section 458.305(3), Florida Statutes (2003), which defines

Christopher Moncrief, as Personal Representative of the Estate of Melissa Marie Moncrief v. Charles Edward Kollmer, M.D., and New Smyrna Orthopedics, P.A.

District Court of Appeal of Florida | Filed: Nov 15, 2024 | Docket: 69378400

Published

Chapter 766 provides no definition for the term, section 458.305 defines “[p]ractice of medicine” as “the diagnosis

Florida Nutrition Counselors Ass'n v. Department of Business & Professional Regulation, Board of Medicine, Dietetics & Nutrition Practice Council

667 So. 2d 218, 1995 Fla. App. LEXIS 8482, 1995 WL 469647

District Court of Appeal of Florida | Filed: Aug 10, 1995 | Docket: 64761919

Published

the definition of “Practice of medicine” in section 458.305(3), Florida Statutes, the order on appeal found

Sabastier v. State

504 So. 2d 45, 12 Fla. L. Weekly 811

District Court of Appeal of Florida | Filed: Mar 18, 1987 | Docket: 453626

Published

that he was practicing medicine as defined in section 458.305(3), Florida Statutes (1985), and accordingly

State v. Counts

457 So. 2d 568, 9 Fla. L. Weekly 2151, 1984 Fla. App. LEXIS 15387

District Court of Appeal of Florida | Filed: Oct 11, 1984 | Docket: 64607405

Published

used in Chapter 322 is the one appearing in section 458.-305(4), Florida Statutes (1981): “a person who

Ago

Florida Attorney General Reports | Filed: Apr 14, 1981 | Docket: 3259039

Published

regulatory scheme for `medical practice.' Section 458.305(3) defines the `practice of medicine' as: