Florida Statutes
Fla. Stat. § 458.329 (2025)
Sexual misconduct in the practice of medicine.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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458.329 Sexual misconduct in the practice of medicine.—The physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of medicine means violation of the physician-patient relationship through which the physician uses said relationship to induce or attempt to induce the patient to engage, or to engage or attempt to engage the patient, in sexual activity outside the scope of the practice or the scope of generally accepted examination or treatment of the patient. Sexual misconduct in the practice of medicine is prohibited.
History.—ss. 1, 8, ch. 79-302; s. 296, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 25, 26, ch. 86-245; s. 4, ch. 91-429.
Notes of Decisions
Cited in 5
cases, 1983–1997 · leading case: Buchanan v. Lieberman, 526 So. 2d 969 (Fla. 5th DCA 1988).
Buchanan v. Lieberman, 526 So. 2d 969 (Fla. 5th DCA 1988). “Section 458.329, Florida Statutes, provides as follows: Sexual misconduct in the practice of medicine The physician-patient relationship is founded on mutual trust.”
Yero v. Dep't of Prof'l Reg., 481 So. 2d 61 (Fla. 1st DCA 1985). “Yero was guilty of violating either Section 458.329 or 458.331(1)(k) by engaging in sexual activities with Ms.”
Harrington ex rel. Harrington v. Pages, 440 So. 2d 521 (Fla. 4th DCA 1983). “We specifically reject appellants’ claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct by physicians, intended an exception to the statute barring claims for alienation of affection.”
Harrington Ex Rel. Harrington v. Pages, 440 So. 2d 521 (Fla. 4th DCA 1983). “We specifically reject appellants' claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct by physicians, intended an exception to the statute barring claims for alienation of affection.”
Lortz v. Dep't of Health, 700 So. 2d 383 (Fla. 1st DCA 1997). “AHCA alleged a violation of section 458.329, Florida Statutes (1995), which provides: Sexual misconduct in the practice of medicine.”
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