Florida Statute 458.327 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.327

458.327 Penalty for violations.—

(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) The practice of medicine or an attempt to practice medicine without a license to practice in Florida.

(b) The use or attempted use of a license which is suspended or revoked to practice medicine.

(d) Attempting to obtain or obtaining a position as a medical practitioner or medical resident in a clinic or hospital through knowing misrepresentation of education, training, or experience.

(e) Knowingly operating, owning, or managing a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 458.3265(1).

(f) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of s. 465.0276.

(2) Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:

(a) Knowingly concealing information relating to violations of this chapter.

(b) Making any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.

(c) Referring any patient, for health care goods or services, to a partnership, firm, corporation, or other business entity in which the physician or the physician’s employer has an equity interest of 10 percent or more unless, prior to such referral, the physician notifies the patient of his or her financial interest and of the patient’s right to obtain such goods or services at the location of the patient’s choice. This section does not apply to the following types of equity interest:

1. The ownership of registered securities issued by a publicly held corporation or the ownership of securities issued by a publicly held corporation, the shares of which are traded on a national exchange or the over-the-counter market;

2. A physician’s own practice, whether he or she is a sole practitioner or part of a group, when the health care good or service is prescribed or provided solely for the physician’s own patients and is provided or performed by the physician or under the physician’s supervision; or

3. An interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or is otherwise unrelated to fair market value.

(d) Leading the public to believe that one is licensed as a medical doctor, or is engaged in the licensed practice of medicine, without holding a valid, active license.

(e) Practicing medicine or attempting to practice medicine with an inactive or delinquent license.

(f) Knowingly prescribing or dispensing, or causing to be prescribed or dispensed, controlled substances in a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 458.3265(1).

History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; s. 32, ch. 85-175; ss. 17, 25, 26, ch. 86-245; s. 23, ch. 88-1; s. 86, ch. 91-224; s. 4, ch. 91-429; s. 81, ch. 92-149; s. 165, ch. 94-119; s. 209, ch. 97-103; s. 48, ch. 2000-318; s. 5, ch. 2010-211; s. 5, ch. 2011-141.

F.S. 458.327 on Google Scholar

F.S. 458.327 on Casetext

Amendments to 458.327

Arrestable Offenses / Crimes under Fla. Stat. 458.327

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

S458.327 1a - HEALTH-SAFETY - PRACTICE MEDICINE WITHOUT ACTIVE LICENSE - F: T

S458.327 1b - HEALTH-SAFETY - USE SUSPENDED OR REVOKED MEDICAL LICENSE - F: T

S458.327 1c - HEALTH-SAFETY - OBTAIN MEDICAL LIC BY MISREPRESENTATION - F: T

S458.327 1d - HEALTH-SAFETY - OBTAIN MEDICAL POSITION BY MISREPRESENTATION - F: T

S458.327 1e - HEALTH-SAFETY - OWN OPERATE NONREGISTERED PAIN CLINIC - F: T

S458.327 1f - DRUGS-HEALTH OR SAFETY - DISPENSE CONTROLLED SUBSTANCE II OR III - F: T

S458.327 2a - HEALTH-SAFETY - CONCEAL VIOLATION OF MEDICAL LICENSE LAW - M: F

S458.327 2b - HEALTH-SAFETY - MAKE FALSE OATH RE MEDICAL LICENSE LAW - M: F

S458.327 2c - HEALTH-SAFETY - REFER PATIENT WO REQUIRED NOTICE - M: F

S458.327 2d - HEALTH-SAFETY - MISLEAD PUBLIC ABOUT MEDICAL LICENSE - M: F

S458.327 2e - HEALTH-SAFETY - PRACTICE MEDICINE W INACTIVE DELINQ LIC - M: F

S458.327 2f - HEALTH-SAFETY - PRESCRIBE DISPENSE CONTROL SUB NONREGIS CLINIC - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 458.327

Total Results: 7

STATE OF FLORIDA v. WILLIAM CRUMBLEY

Court: District Court of Appeal of Florida | Date Filed: 2018-05-23

Citation: 247 So. 3d 666

Snippet: registration of pain management clinics. Section 458.327(1)(e) criminalizes the knowing operation, ownership

Hall v. MAAL

Court: District Court of Appeal of Florida | Date Filed: 2010-03-30

Citation: 32 So. 3d 682, 2010 Fla. App. LEXIS 4142, 2010 WL 1212794

Snippet: are prohibited. See, e.g., §§ 322.03, 454.23, 458.327, Fla. Stat. In many of these examples an unlicensed

Fla. Optometric Ass'n v. DEPT. OF PRO. REG., BD. OF OPTICIANRY

Court: District Court of Appeal of Florida | Date Filed: 1990-09-05

Citation: 567 So. 2d 928

Snippet: license is a felony of the third degree. Section 458.327 (Florida Statutes). If the contentions of appellant

Board of Medicine v. Mata

Court: District Court of Appeal of Florida | Date Filed: 1990-05-01

Citation: 561 So. 2d 364, 1990 Fla. App. LEXIS 3105, 1990 WL 57791

Snippet: cause to believe that Mata had violated section 458.327(l)(a), which makes the practice or attempt to practice

Bernal v. DEPT. OF PROF. REGULATION

Court: District Court of Appeal of Florida | Date Filed: 1987-12-29

Citation: 517 So. 2d 113

Snippet: practicing medicine, which is a felony. See section 458.327, Florida Statutes. In our view, neither ground

Baker v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-12-18

Citation: 501 So. 2d 17, 12 Fla. L. Weekly 121, 1986 Fla. App. LEXIS 10983

Snippet: PART. DAUKSCH, COBB and SHARP, JJ., concur. . § 458.327(1)(a), Fla.Stat. (1985). . The jury found Tracy

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

Court: District Court of Appeal of Florida | Date Filed: 1983-02-02

Citation: 426 So. 2d 1112

Snippet: license is a felony of the third degree. Section 458.327 (Florida Statutes). If the contentions of appellant