The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.309

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.

F.S. 458.309 on Google Scholar

F.S. 458.309 on Casetext

Amendments to 458.309

Arrestable Offenses / Crimes under Fla. Stat. 458.309

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.309.

Annotations, Discussions, Cases:

Cases from cite.case.law:

R. FERNANDEZ J. Sr. PLLC, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE, LLC,, 223 So. 3d 1055 (Fla. Dist. Ct. App. 2017)

. . . The Board’s legislative authority to enact and amend the rule is granted by sections 456.057(17) and 458.309 . . .

ORTIZ, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 882 So. 2d 402 (Fla. Dist. Ct. App. 2004)

. . . See § 458.309(1), Fla. Stat. (2002). . . . section 458.303(2), the Legislature limited the Board’s rulemaking function as follows: Nothing in ... s. 458.309 . . . The Board cited sections 458.309(1) and 458.331(l)(v) as specific authority for adopting the rule. . . . By specific reference in section 458.303(2) to both section 458.309 containing the general grant of rulemaking . . . reach of section 458.331. ' Pursuant to 458.303(2), the grant of rulemaking authority under section 458.309 . . .

FLORIDA ACADEMY OF COSMETIC SURGERY, INC. v. STATE DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 771 So. 2d 602 (Fla. Dist. Ct. App. 2000)

. . . directed to approve petitioner’s application for approval as an accrediting body pursuant to section 458.309 . . .

MAYO CLINIC JACKSONVILLE, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 625 So. 2d 918 (Fla. Dist. Ct. App. 1993)

. . . Sections 458.309, 458.313, Fla.Stat. (1989). . . .

FLORIDA BOARD OF OPTOMETRY, M. D. O. D. E. M. D. III, O. D. v. FLORIDA BOARD OF MEDICINE, S. M. D., 616 So. 2d 581 (Fla. Dist. Ct. App. 1993)

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

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS, v. DURRANI,, 455 So. 2d 515 (Fla. Dist. Ct. App. 1984)

. . . case the Board is authorized to adopt rules under the general authority conferred upon it by Section 458.309 . . .