Florida Statute 458.309 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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458.309 Rulemaking authority.—

(1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.

(2)(a) Any rules which the board adopts relating to the classroom phase of medical education shall not apply to any person who is enrolled in the classroom phase of medical education or has graduated prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.

(b)1. Any rules which the board adopts relating to the clinical clerkship phase of medical education shall not apply to any person who is enrolled in the clinical clerkship phase of medical education prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.

2. Rules adopted by the Florida Board of Medical Examiners prior to October 1, 1986, and relating to clinical clerkships for graduates of foreign medical schools do not apply to any such graduate who:

a. Had completed a clinical clerkship prior to the effective date of the rule; or

b. Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete.

(c) Any rules which the board adopts relating to residency shall not apply to any person who has begun his or her residency prior to or at the time the rule becomes effective, so long as such person does not interrupt the residency.

History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 5, 22, 25, 26, ch. 86-245; s. 4, ch. 91-429; s. 200, ch. 97-103; s. 120, ch. 98-200; s. 92, ch. 99-397; s. 3, ch. 2009-198; s. 3, ch. 2010-211; s. 94, ch. 2012-184; s. 2, ch. 2019-130.

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Amendments to 458.309

Annotations, Discussions, Cases:

Cases Citing Statute 458.309

Total Results: 4

DEPT. OF PROF. REG., BD. OF MEDICAL v. Durrani

455 So. 2d 515

District Court of Appeal of Florida | Filed: Aug 16, 1984 | Docket: 1692600

Cited 38 times | Published

the general authority conferred upon it by Section 458.309, Florida Statutes, and the specific authority

Ortiz v. Department of Health

882 So. 2d 402, 2004 WL 1621440

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 1289633

Cited 1 times | Published

this chapter conferring duties upon it." See § 458.309(1), Fla. Stat. (2002). However, in section 458

Florida Academy of Cosmetic Surgery, Inc. v. State

771 So. 2d 602, 2000 Fla. App. LEXIS 15181, 2000 WL 1724972

District Court of Appeal of Florida | Filed: Nov 21, 2000 | Docket: 258617

Published

approval as an accrediting body pursuant to section 458.309(3), Fla. Stat. (2000), because of respondent's

Florida Board of Optometry v. Florida Board of Medicine

616 So. 2d 581, 1993 Fla. App. LEXIS 3674, 1993 WL 96765

District Court of Appeal of Florida | Filed: Apr 5, 1993 | Docket: 64695396

Published

of care. Noting the rulemaking authority of section 458.309, Florida Statutes, he found that the weight

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