Florida Statute 458.309 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.309

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.

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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 Citing Statute 458.309

Total Results: 7

DANIEL R. FERNANDEZ AND Dax J. Lonetto, Sr., PLLC v. Florida Justice Association

Court: District Court of Appeal of Florida | Date Filed: 2017-04-11

Citation: 223 So. 3d 1055, 2017 WL 1325869, 2017 Fla. App. LEXIS 4952

Snippet: the rule is granted by sections 456.057(17) and 458.309, Florida Statutes. Starting with the first

Ortiz v. Department of Health

Court: District Court of Appeal of Florida | Date Filed: 2004-07-21

Citation: 882 So. 2d 402, 2004 WL 1621440

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2000-11-21

Citation: 771 So. 2d 602, 2000 Fla. App. LEXIS 15181

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

Mayo Clinic v. DEPT. OF PRO. REGULATION

Court: District Court of Appeal of Florida | Date Filed: 1993-10-15

Citation: 625 So. 2d 918, 1993 WL 408220

Snippet: already licensed under this provision. [3] Sections 458.309, 458.313, Fla. Stat. (1989).

Florida Board of Optometry v. Florida Board of Medicine

Court: District Court of Appeal of Florida | Date Filed: 1993-04-05

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-08-01

Snippet: disciplinary functions of such boards. See, e.g., s 458.309, F.S., authorizing the Board of Medical Examiners

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

Court: District Court of Appeal of Florida | Date Filed: 1984-08-16

Citation: 455 So. 2d 515

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