Florida Statute 458.329 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.329

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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F.S. 458.329 on Casetext

Amendments to 458.329

Arrestable Offenses / Crimes under Fla. Stat. 458.329

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.329.

Annotations, Discussions, Cases:

Cases Citing Statute 458.329

Total Results: 6

Lortz v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-29T00:00:00-07:00

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

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

Lieberman v. DEPT. OF PRO. REGULATION, BD. OF MEDICINE

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-23T23:53:00-08:00

Citation: 573 So. 2d 349

Snippet: officer found Lieberman also had violated sections 458.329 and 458.331(1)(k), Florida Statutes (1985), in

Buchanan v. Lieberman

Court: Fla. Dist. Ct. App. | Date Filed: 1988-05-26T00:53:00-07:00

Citation: 526 So. 2d 969

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

Yero v. Department of Professional Reg.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-22T23:53:00-08:00

Citation: 481 So. 2d 61

Snippet: Yero. Count one alleged violations of Sections 458.329 and 458.331(1)(x), Florida Statutes (1983) for …Department failed to prove any violation of Sections 458.329, 458.331(1)(x), 458.331(1)(k) or 458.331(1)(t)[…Dr. Yero was guilty of violating either Section 458.329 or 458.331(1)(k) by engaging in sexual activities…s demands for sexual intercourse. [2] Section 458.329, prohibits "sexual misconduct in the practice

Harrington ex rel. Harrington v. Pages

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-16T00:00:00-08:00

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

Snippet: claim that the legislature, by enacting section 458.329, Florida Statutes (1981), barring sexual misconduct…qualifying as sexual misconduct prohibited by Section 458.329, Florida Statutes (1981), does not, as a matter

HARRINGTON EX REL. HARRINGTON v. Pages

Court: Fla. Dist. Ct. App. | Date Filed: 1983-11-15T23:53:00-08:00

Citation: 440 So. 2d 521