Florida Statute 458.329 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.329

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.

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Amendments to 458.329

Annotations, Discussions, Cases:

Cases Citing Statute 458.329

Total Results: 5

HARRINGTON EX REL. HARRINGTON v. Pages

440 So. 2d 521

District Court of Appeal of Florida | Filed: Nov 16, 1983 | Docket: 1430635

Cited 9 times | Published

appellants' claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct

Yero v. Department of Professional Reg.

481 So. 2d 61, 11 Fla. L. Weekly 34

District Court of Appeal of Florida | Filed: Dec 23, 1985 | Docket: 548649

Cited 6 times | Published

whether Dr. Yero was guilty of violating either Section 458.329 or 458.331(1)(k) by engaging in sexual activities

Buchanan v. Lieberman

526 So. 2d 969, 1988 WL 51631

District Court of Appeal of Florida | Filed: May 26, 1988 | Docket: 1272839

Cited 5 times | Published

to be professional malpractice by statute. Section 458.329, Florida Statutes, provides as follows: Sexual

Lortz v. Department of Health

700 So. 2d 383, 1997 Fla. App. LEXIS 8622, 1997 WL 422524

District Court of Appeal of Florida | Filed: Jul 29, 1997 | Docket: 64776161

Published

department.... AHCA alleged a violation of section 458.329, Florida Statutes (1995), which provides: Sexual

Harrington ex rel. Harrington v. Pages

440 So. 2d 521, 1983 Fla. App. LEXIS 24113

District Court of Appeal of Florida | Filed: Nov 16, 1983 | Docket: 64600627

Published

appellants’ claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct