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Florida Statute 458.331 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 458
MEDICAL PRACTICE
View Entire Chapter
F.S. 458.331
458.331 Grounds for disciplinary action; action by the board and department.
(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):
(a) Attempting to obtain, obtaining, or renewing a license to practice medicine by bribery, by fraudulent misrepresentations, or through an error of the department or the board.
(b) Having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions. The licensing authority’s acceptance of a physician’s relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the physician’s license, shall be construed as action against the physician’s license.
(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine.
(d) False, deceptive, or misleading advertising.
(e) Failing to report to the department any person who the licensee knows is in violation of this chapter or of the rules of the department or the board. However, a person who the licensee knows is unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department.
(f) Aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to this chapter or to a rule of the department or the board.
(g) Failing to perform any statutory or legal obligation placed upon a licensed physician.
(h) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the capacity as a licensed physician.
(i) Paying or receiving any commission, bonus, kickback, or rebate, or engaging in any split-fee arrangement in any form whatsoever with a physician, organization, agency, or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The provisions of this paragraph shall not be construed to prevent a physician from receiving a fee for professional consultation services.
(j) Exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician.
(k) Making deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine.
(l) Soliciting patients, either personally or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct. A solicitation is any communication which directly or implicitly requests an immediate oral response from the recipient.
(m) Failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations.
(n) Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party, which shall include, but not be limited to, the promoting or selling of services, goods, appliances, or drugs.
(o) Promoting or advertising on any prescription form of a community pharmacy unless the form shall also state “This prescription may be filled at any pharmacy of your choice.”
(p) Performing professional services which have not been duly authorized by the patient or client, or his or her legal representative, except as provided in s. 743.064, s. 766.103, or s. 768.13.
(q) Prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician’s professional practice, without regard to his or her intent.
(r) Prescribing, dispensing, or administering any medicinal drug appearing on any schedule set forth in chapter 893 by the physician to himself or herself, except one prescribed, dispensed, or administered to the physician by another practitioner authorized to prescribe, dispense, or administer medicinal drugs.
(s) Being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice medicine because of the reasons stated in this paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The licensee against whom the petition is filed may not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee or certificateholder affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of medicine with reasonable skill and safety to patients.
(t) Notwithstanding s. 456.072(2) but as specified in s. 456.50(2):
1. Committing medical malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require more than one instance, event, or act.
2. Committing gross medical malpractice.
3. Committing repeated medical malpractice as defined in s. 456.50. A person found by the board to have committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to provide health care services as a medical doctor in this state.

Nothing in this paragraph shall be construed to require that a physician be incompetent to practice medicine in order to be disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a final order of the board finding a violation under this paragraph shall specify whether the licensee was found to have committed “gross medical malpractice,” “repeated medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the board must so specify.

(u) Performing any procedure or prescribing any therapy which, by the prevailing standards of medical practice in the community, would constitute experimentation on a human subject, without first obtaining full, informed, and written consent.
(v) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform. The board may establish by rule standards of practice and standards of care for particular practice settings, including, but not limited to, education and training, equipment and supplies, medications including anesthetics, assistance of and delegation to other personnel, transfer agreements, sterilization, records, performance of complex or multiple procedures, informed consent, and policy and procedure manuals.
(w) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.
(x) Violating a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department.
(y) Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.
(z) Procuring, or aiding or abetting in the procuring of, an unlawful termination of pregnancy.
(aa) Presigning blank prescription forms.
(bb) Prescribing any medicinal drug appearing on Schedule II in chapter 893 by the physician for office use.
(cc) Prescribing, ordering, dispensing, administering, supplying, selling, or giving any drug which is a Schedule II amphetamine or a Schedule II sympathomimetic amine drug or any compound thereof, pursuant to chapter 893, to or for any person except for:
1. The treatment of narcolepsy; hyperkinesis; behavioral syndrome characterized by the developmentally inappropriate symptoms of moderate to severe distractability, short attention span, hyperactivity, emotional lability, and impulsivity; or drug-induced brain dysfunction;
2. The differential diagnostic psychiatric evaluation of depression or the treatment of depression shown to be refractory to other therapeutic modalities; or
3. The clinical investigation of the effects of such drugs or compounds when an investigative protocol therefor is submitted to, reviewed, and approved by the board before such investigation is begun.
(dd) Failing to supervise adequately the activities of those physician assistants, paramedics, emergency medical technicians, advanced practice registered nurses, or anesthesiologist assistants acting under the supervision of the physician.
(ee) Prescribing, ordering, dispensing, administering, supplying, selling, or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance. For the purposes of this subsection, the term “muscle building” does not include the treatment of injured muscle. A prescription written for the drug products listed above may be dispensed by the pharmacist with the presumption that the prescription is for legitimate medical use.
(ff) Prescribing, ordering, dispensing, administering, supplying, selling, or giving amygdalin (laetrile) to any person.
(gg) Misrepresenting or concealing a material fact at any time during any phase of a licensing or disciplinary process or procedure.
(hh) Improperly interfering with an investigation or with any disciplinary proceeding.
(ii) Failing to report to the department any licensee under this chapter or under chapter 459 who the physician or physician assistant knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the physician or physician assistant also provides services.
(jj) Being found by any court in this state to have provided corroborating written medical expert opinion attached to any statutorily required notice of claim or intent or to any statutorily required response rejecting a claim, without reasonable investigation.
(kk) Failing to report to the board, in writing, within 30 days if action as defined in paragraph (b) has been taken against one’s license to practice medicine in another state, territory, or country.
(ll) Advertising or holding oneself out as a board-certified specialist, if not qualified under s. 458.3312, in violation of this chapter.
(mm) Failing to comply with the requirements of ss. 381.026 and 381.0261 to provide patients with information about their patient rights and how to file a patient complaint.
(nn) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.
(oo) Providing deceptive or fraudulent expert witness testimony related to the practice of medicine.
(pp) Applicable to a licensee who serves as the designated physician of a pain-management clinic as defined in s. 458.3265 or s. 459.0137:
1. Registering a pain-management clinic through misrepresentation or fraud;
2. Procuring, or attempting to procure, the registration of a pain-management clinic for any other person by making, or causing to be made, any false representation;
3. Failing to comply with any requirement of chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Drug Abuse Prevention and Control Act; or chapter 893, the Florida Comprehensive Drug Abuse Prevention and Control Act;
4. Being convicted or found guilty of, regardless of adjudication to, a felony or any other crime involving moral turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of this state, of any other state, or of the United States;
5. Being convicted of, or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for, any offense that would constitute a violation of this chapter;
6. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction of the courts of this state, of any other state, or of the United States which relates to the practice of, or the ability to practice, a licensed health care profession;
7. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction of the courts of this state, of any other state, or of the United States which relates to health care fraud;
8. Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003 or s. 893.02 if the dispensing practitioner knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship; or
9. Failing to timely notify the board of the date of his or her termination from a pain-management clinic as required by s. 458.3265(3).
(qq) Failing to timely notify the department of the theft of prescription blanks from a pain-management clinic or a breach of a physician’s electronic prescribing software within 24 hours as required by s. 458.3265(3).
(rr) Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance appearing on any schedule in chapter 893.
(ss) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of s. 465.0276.
(tt) Willfully failing to comply with s. 627.64194 or s. 641.513 with such frequency as to indicate a general business practice.
1(uu) Issuing a physician certification, as defined in s. 381.986, in a manner out of compliance with the requirements of that section and rules adopted thereunder.
(vv) Performing a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery in an office that is not registered with the department pursuant to s. 458.328 or s. 459.0138.
(ww) Implanting a patient or causing a patient to be implanted with a human embryo created with the human reproductive material, as defined in s. 784.086, of the licensee, or inseminating a patient or causing a patient to be inseminated with the human reproductive material of the licensee.
(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1). In determining what action is appropriate, the board must first consider what sanctions are necessary to protect the public or to compensate the patient. Only after those sanctions have been imposed may the disciplining authority consider and include in the order requirements designed to rehabilitate the physician. All costs associated with compliance with orders issued under this subsection are the obligation of the physician.
(3) In any administrative action against a physician which does not involve revocation or suspension of license, the division shall have the burden, by the greater weight of the evidence, to establish the existence of grounds for disciplinary action. The division shall establish grounds for revocation or suspension of license by clear and convincing evidence.
(4) The board shall not reinstate the license of a physician, or cause a license to be issued to a person it deems or has deemed unqualified, until such time as it is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of medicine. However, the board may not issue a license to, or reinstate the license of, any medical doctor found by the board to have committed repeated medical malpractice based on s. 456.50, regardless of the extent to which the licensee or prospective licensee has complied with all terms and conditions set forth in the final order and is capable of safely engaging in the practice of medicine.
(5) The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license. “Gross medical malpractice,” “repeated medical malpractice,” and “medical malpractice,” under paragraph (1)(t) shall each be considered distinct types of violations requiring specific individual guidelines.
(6) Upon the department’s receipt from an insurer or self-insurer of a report of a closed claim against a physician pursuant to s. 627.912 or from a health care practitioner of a report pursuant to s. 456.049, or upon the receipt from a claimant of a presuit notice against a physician pursuant to s. 766.106, the department shall review each report and determine whether it potentially involved conduct by a licensee that is subject to disciplinary action, in which case the provisions of s. 456.073 shall apply. However, if it is reported that a physician has had three or more claims with indemnities exceeding $50,000 each within the previous 5-year period, the department shall investigate the occurrences upon which the claims were based and determine if action by the department against the physician is warranted.
(7) Upon the department’s receipt from the Agency for Health Care Administration pursuant to s. 395.0197 of the name of a physician whose conduct may constitute grounds for disciplinary action by the department, the department shall investigate the occurrences upon which the report was based and determine if action by the department against the physician is warranted.
(8) If any physician regulated by the Division of Medical Quality Assurance is guilty of such unprofessional conduct, negligence, or mental or physical incapacity or impairment that the division determines that the physician is unable to practice with reasonable skill and safety and presents a danger to patients, the division shall be authorized to maintain an action in circuit court enjoining such physician from providing medical services to the public until the physician demonstrates the ability to practice with reasonable skill and safety and without danger to patients.
(9) When an investigation of a physician is undertaken, the department shall promptly furnish to the physician or the physician’s attorney a copy of the complaint or document which resulted in the initiation of the investigation. For purposes of this subsection, such documents include, but are not limited to: the pertinent portions of an annual report submitted to the department pursuant to s. 395.0197(6); a report of an adverse incident which is provided to the department pursuant to s. 395.0197; a report of peer review disciplinary action submitted to the department pursuant to s. 395.0193(4) or s. 458.337, providing that the investigations, proceedings, and records relating to such peer review disciplinary action shall continue to retain their privileged status even as to the licensee who is the subject of the investigation, as provided by ss. 395.0193(8) and 458.337(3); a report of a closed claim submitted pursuant to s. 627.912; a presuit notice submitted pursuant to s. 766.106(2); and a petition brought under the Florida Birth-Related Neurological Injury Compensation Plan, pursuant to s. 766.305(2). The physician may submit a written response to the information contained in the complaint or document which resulted in the initiation of the investigation within 45 days after service to the physician of the complaint or document. The physician’s written response shall be considered by the probable cause panel.
(10) A probable cause panel convened to consider disciplinary action against a physician assistant alleged to have violated s. 456.072 or this section must include one physician assistant. The physician assistant must hold a valid license to practice as a physician assistant in this state and be appointed to the panel by the Council of Physician Assistants. The physician assistant may hear only cases involving disciplinary actions against a physician assistant. If the appointed physician assistant is not present at the disciplinary hearing, the panel may consider the matter and vote on the case in the absence of the physician assistant. The training requirements set forth in s. 458.307(4) do not apply to the appointed physician assistant. Rules need not be adopted to implement this subsection.
(11) The purpose of this section is to facilitate uniform discipline for those acts made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.
History.ss. 1, 8, ch. 79-302; s. 2, ch. 80-354; s. 297, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 2, 4, ch. 82-32; s. 15, ch. 83-329; s. 1, ch. 85-6; s. 4, ch. 85-175; ss. 18, 25, 26, ch. 86-245; s. 25, ch. 88-1; s. 18, ch. 89-275; s. 16, ch. 89-283; ss. 11, 72, ch. 89-374; s. 2, ch. 90-44; s. 4, ch. 90-60; s. 26, ch. 90-228; s. 60, ch. 91-220; s. 4, ch. 91-429; s. 39, ch. 92-149; s. 1, ch. 92-178; s. 83, ch. 92-289; s. 218, ch. 96-410; s. 1090, ch. 97-103; s. 106, ch. 97-261; s. 23, ch. 97-264; s. 37, ch. 98-89; s. 46, ch. 98-166; s. 222, ch. 99-8; s. 99, ch. 99-397; s. 105, ch. 2000-160; ss. 21, 76, ch. 2001-277; s. 25, ch. 2003-416; s. 2, ch. 2004-303; s. 3, ch. 2005-240; s. 3, ch. 2005-266; s. 1, ch. 2006-242; s. 73, ch. 2008-6; s. 6, ch. 2010-211; s. 6, ch. 2011-141; s. 2, ch. 2011-233; s. 2, ch. 2013-166; s. 17, ch. 2016-145; s. 9, ch. 2016-222; s. 22, ch. 2016-224; s. 8, ch. 2017-41; ss. 1, 4, ch. 2017-232; s. 14, ch. 2018-13; s. 50, ch. 2018-106; s. 6, ch. 2019-112; s. 4, ch. 2019-130; s. 4, ch. 2020-31; s. 14, ch. 2022-35.
1Note.Section 1, ch. 2017-232, provides that “[i]t is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment.” If such amendment or adoption takes place, paragraph (1)(uu), as created by s. 4, ch. 2017-232, is repealed.

F.S. 458.331 on Google Scholar

F.S. 458.331 on CourtListener

Amendments to 458.331


Annotations, Discussions, Cases:

Cases Citing Statute 458.331

Total Results: 125

United States v. Hoffer

129 F.3d 1196

Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 1997 | Docket: 421872

Cited 53 times | Published

Medicine, anyway. See Fla. Stat. Ann. § 458.331(1)(c) and (q). Whether characterized as

United States v. Hoffer

129 F.3d 1196, 1997 U.S. App. LEXIS 33310, 1997 WL 725218

Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 1997 | Docket: 817270

Cited 52 times | Published

Medicine, anyway. See Fla. Stat. Ann. § 458.331(l)(c) and (q). Whether characterized as “voluntary”

Harris v. Gonzalez

789 So. 2d 405, 2001 WL 608969

District Court of Appeal of Florida | Filed: Jun 6, 2001 | Docket: 107039

Cited 25 times | Published

medicine also provide guidance on this issue. Section 458.331, Florida Statutes (1991),[2] enumerates grounds

Gross v. Department of Health

819 So. 2d 997, 2002 WL 1389304

District Court of Appeal of Florida | Filed: Jun 28, 2002 | Docket: 1750101

Cited 20 times | Published

deviated from the standard of care defined by section 458.331(1)(t), Florida Statutes (2000).[2] Gross asserts

Horowitz v. PLANTATION GENERAL HOSP. LTD.

959 So. 2d 176, 2007 WL 1498968

Supreme Court of Florida | Filed: May 24, 2007 | Docket: 528349

Cited 16 times | Published

his or her license and other discipline. See § 458.331(1)(nn), Fla. Stat. (2006) (stating that "[violating]

Johnston v. Dept. of Professional Regulation

456 So. 2d 939

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 1447050

Cited 16 times | Published

complaint with thirteen counts of violations of section 458.331(1), Florida Statutes, concerning the inappropriate

Gershanik v. DEPT. OF PROF. REG., BD.

458 So. 2d 302

District Court of Appeal of Florida | Filed: Aug 7, 1984 | Docket: 1453004

Cited 14 times | Published

replaced in chapter 79-302, Laws of Florida, by section 458.331(1)(t), Florida Statutes (1979).[2] With regard

Florida Bd. of Med. v. Florida Academy of Cosmetic Surgery, Inc.

808 So. 2d 243, 2002 WL 83679

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 2191393

Cited 13 times | Published

rule 64B8-9.009(4)(b), the Board relied on section 458.331(1)(v), Florida Statutes (1999), which authorizes

Manor Care of Dunedin, Inc. v. Keiser

611 So. 2d 1305, 1992 WL 386387

District Court of Appeal of Florida | Filed: Dec 30, 1992 | Docket: 1674161

Cited 11 times | Published

identical terms are broader in scope. For example, section 458.331(1)(i), proscribing payment or acceptance of

Clark v. Dept. of Professional Regulation

463 So. 2d 328

District Court of Appeal of Florida | Filed: Jan 4, 1985 | Docket: 448873

Cited 11 times | Published

never practiced medicine in the United States. Section 458.331(1), Florida Statutes (1979) empowers the Board

Gold, Vann & White, PA v. Friedenstab

831 So. 2d 692, 2002 Fla. App. LEXIS 15253, 2002 WL 31355613

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 2570213

Cited 10 times | Published

505(1)(a) prohibit any split fee arrangement. Section 458.331(1)(i) provides that it is grounds for disciplinary

Boedy v. DEPT. OF PROFESSIONAL REG.

433 So. 2d 544

District Court of Appeal of Florida | Filed: May 6, 1983 | Docket: 1727557

Cited 8 times | Published

also by the use of the phrase "any person" in Section 458.331(2), Florida Statutes. The Board likewise rejects

Doe v. Department of Health

948 So. 2d 803, 2006 Fla. App. LEXIS 21558, 2006 WL 3780681

District Court of Appeal of Florida | Filed: Dec 27, 2006 | Docket: 1769930

Cited 7 times | Published

evidence in any administrative or civil action. Section 458.331 entitled "Grounds for disciplinary action;

Patz v. Department of Health

864 So. 2d 79, 2003 WL 23008852

District Court of Appeal of Florida | Filed: Dec 24, 2003 | Docket: 1426075

Cited 7 times | Published

default and sanctioning Patz for violations of section 458.331 of the Florida Statutes. We affirm. On October

Novick v. Department of Health

816 So. 2d 1237, 2002 WL 1070896

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 2524521

Cited 7 times | Published

part because of referrals, is a violation of section 458.331(1)(k), Florida Statutes. Payment of a reasonable

Elmariah v. DEPT. OF PROFESSIONAL REGULATION, BD. OF MEDICINE

574 So. 2d 164, 1990 Fla. App. LEXIS 9454, 1990 WL 205438

District Court of Appeal of Florida | Filed: Dec 14, 1990 | Docket: 1436530

Cited 7 times | Published

proceedings was appellant's alleged violation of section 458.331(1)(l), Florida Statutes (1983), which prohibits

Boedy v. Dept. of Professional Regulation

463 So. 2d 215, 10 Fla. L. Weekly 90, 1985 Fla. LEXIS 3200

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 1509692

Cited 7 times | Published

reasonable skill and safety" as provided in section 458.331(1)(s), Florida Statutes (1981). Petitioner

Mendez v. FLORIDA DEPT. OF HEALTH

943 So. 2d 909, 2006 Fla. App. LEXIS 20073, 2006 WL 3454494

District Court of Appeal of Florida | Filed: Dec 1, 2006 | Docket: 1526773

Cited 6 times | Published

conviction, the ALJ found that Appellant violated section 458.331(1)(c), Florida Statutes (2002), which provides

Ocampo v. Department of Health

806 So. 2d 633, 2002 Fla. App. LEXIS 1359, 2002 WL 205796

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 1712986

Cited 6 times | Published

complaint, DOH alleged that Ocampo violated section 458.331(1)(b), Florida Statutes, by having a license

Borrego v. Agency for Health Care Admin.

675 So. 2d 666, 1996 WL 329512

District Court of Appeal of Florida | Filed: Jun 18, 1996 | Docket: 1694405

Cited 6 times | Published

against Dr. Borrego, alleging that he violated section 458.331(1)(c), Florida Statutes, which authorizes disciplinary

Taylor v. DEPT. OF PRO. REGULATION, BD. OF MEDICAL EXAMINERS

534 So. 2d 782, 1988 WL 122614

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 1359035

Cited 6 times | Published

appellant charging him with violations of Section 458.331, Florida Statutes (1987), which enumerates

Van Ore v. Board of Medical Examiners

489 So. 2d 883, 11 Fla. L. Weekly 1321, 1986 Fla. App. LEXIS 8249

District Court of Appeal of Florida | Filed: Jun 12, 1986 | Docket: 545981

Cited 6 times | Published

prescription practices for the patients as covered by section 458.331(1)(g), (h), (q) and (t), Florida Statutes (1985)

Board of Medical Examiners v. Kadivar

482 So. 2d 501, 11 Fla. L. Weekly 239

District Court of Appeal of Florida | Filed: Jan 22, 1986 | Docket: 1770033

Cited 6 times | Published

charging him with violation of four provisions of section 458.331(1), Florida Statutes (1982). After a hearing

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

patient. Count two alleged a violation of Section 458.331(1)(k) which prohibits exercising influence

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

patient. Count two alleged a violation of Section 458.331(1)(k) which prohibits exercising influence

Ayala v. Dept. of Professional Regulation

478 So. 2d 1116, 10 Fla. L. Weekly 2525, 1985 Fla. App. LEXIS 16667

District Court of Appeal of Florida | Filed: Nov 13, 1985 | Docket: 1741548

Cited 6 times | Published

stated that appellant was in violation of section 458.331(1)(c), Florida Statutes (1983), which provides

Sneij v. Dept. of Professional Reg.

454 So. 2d 795

District Court of Appeal of Florida | Filed: Sep 4, 1984 | Docket: 77212

Cited 6 times | Published

clear and convincing evidence, violations of Section 458.331(1)(n), Florida Statutes, in that the Respondent

Farzad v. DEPT. OF PROFESSIONAL REG.

443 So. 2d 373

District Court of Appeal of Florida | Filed: Dec 30, 1983 | Docket: 1459050

Cited 6 times | Published

conclusions of law, but mistakenly applied Section 458.331(2)(e), Florida Statutes (1979), when it determined

Hodge v. DEPT. OF PROF. REG. OF FLA.

432 So. 2d 117

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 1677353

Cited 6 times | Published

v. J.W.C. Co., Inc. (Fla. 1st DCA 1981). [8] § 458.331(2), Fla. Stat. (1981); § 893.11, Fla. Stat. (1981)

Waters v. Department of Health

962 So. 2d 1011, 2007 WL 2254544

District Court of Appeal of Florida | Filed: Aug 8, 2007 | Docket: 480814

Cited 5 times | Published

the Department with regard to violations of section 458.331(1)(m), (q) and (t), Florida Statutes. Further

Rogers v. Department of Health

920 So. 2d 27, 2005 Fla. App. LEXIS 16464, 2005 WL 2649177

District Court of Appeal of Florida | Filed: Oct 18, 2005 | Docket: 1730593

Cited 5 times | Published

misconduct encompassed by the language of Section 458.331(1)(q), Florida Statutes, was discussed at length

Colbert v. Department of Health

890 So. 2d 1165, 2004 Fla. App. LEXIS 19698, 2004 WL 2964085

District Court of Appeal of Florida | Filed: Dec 23, 2004 | Docket: 1690371

Cited 5 times | Published

judge (ALJ) finding that he did not violate section 458.331(1)(m), Florida Statutes (Supp. 1996),[1] which

Cone v. State, Dept. of Health

886 So. 2d 1007, 2004 WL 2402638

District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 1380164

Cited 5 times | Published

disciplinary provision of the Medical Practice Act, section 458.331(1)(b), Florida Statutes (1999), which is worded

Malave v. Department of Health

881 So. 2d 682, 2004 WL 1905731

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1466250

Cited 5 times | Published

alleging that Dr. Malave had violated (1) section 458.331(1)(j), Florida Statutes (2002), by exercising

Lingle v. Dion

776 So. 2d 1073, 2001 WL 99193

District Court of Appeal of Florida | Filed: Feb 7, 2001 | Docket: 2553229

Cited 5 times | Published

been fined and suspended for violations of section 458.331, Florida Statutes. In analyzing the issue,

Caccamo v. Pouliot (In Re Pouliot)

196 B.R. 641, 9 Fla. L. Weekly Fed. B 398, 1996 Bankr. LEXIS 615, 29 Bankr. Ct. Dec. (CRR) 162

United States Bankruptcy Court, S.D. Florida. | Filed: May 30, 1996 | Docket: 1758738

Cited 5 times | Published

the judgment (emphasis added). Florida Statute § 458.331 provides: (1) The following acts shall constitute

In Re Grau

172 B.R. 686, 8 Fla. L. Weekly Fed. B 204, 1994 Bankr. LEXIS 1491

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 19, 1994 | Docket: 1868298

Cited 5 times | Published

by Gerard D. Grau of F.S. § 458.320(5)(g) and § 458.331(1)(a) and (g) for failure to pay Branham's adverse

DEPT. OF PROFESSIONAL REG. STATE, BD. OF MED. v. Marrero

536 So. 2d 1094, 1988 WL 122616

District Court of Appeal of Florida | Filed: Nov 18, 1988 | Docket: 1760014

Cited 5 times | Published

minimum requirements for safe practice," and section 458.331(3), forbidding the Board from issuing a license

Advisory Opin. to Atty. Gen. Re Malpractice

880 So. 2d 667, 2004 WL 1574024

Supreme Court of Florida | Filed: Jul 15, 2004 | Docket: 1294933

Cited 4 times | Published

amendment, if adopted, clearly would supercede section 458.331(1)(t), Florida Statutes (2003),[1] and revoke

Aldrete v. Department of Health

879 So. 2d 1244, 2004 WL 825514

District Court of Appeal of Florida | Filed: Apr 19, 2004 | Docket: 1514435

Cited 4 times | Published

administrative law judge found Dr. Aldrete violated section 458.331(1)(t), Florida Statutes (1999), count I of

Nair v. DEPT. OF BUS. & PROF. REG.

654 So. 2d 205

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 1710337

Cited 4 times | Published

that appellant had on two occasions violated section 458.331(1)(j), Florida Statutes. Because the administrative

DEPT. OF BUSINESS & PRO. REG. v. McCarthy

638 So. 2d 574, 1994 WL 231283

District Court of Appeal of Florida | Filed: Jun 1, 1994 | Docket: 1168826

Cited 4 times | Published

reverse. Dr. McCarthy was charged with violating section 458.331(1)(m) and (t), Florida Statutes,[1] in his

Britt v. DEPT. OF PROFESSIONAL REGULATIOIN

492 So. 2d 697, 11 Fla. L. Weekly 1500

District Court of Appeal of Florida | Filed: Jul 9, 1986 | Docket: 478179

Cited 4 times | Published

exist. Appellant was found to have violated section 458.331(1)(t), Florida Statutes, by engaging in gross

Nest v. DEPT. OF PROFESSIONAL REG.

490 So. 2d 987, 11 Fla. L. Weekly 1343

District Court of Appeal of Florida | Filed: Jun 13, 1986 | Docket: 1743101

Cited 4 times | Published

virtue of his past impairment he had violated Section 458.331(1)(s), Florida Statutes (1983) (Grounds for

Sternberg v. DEPT. OF PROF. REG.

465 So. 2d 1324, 10 Fla. L. Weekly 722

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 1324410

Cited 4 times | Published

Sternberg had violated paragraphs (l) and (o) of section 458.331(1), Florida Statutes (1981).[1] We affirm in

United Healthcare Services, Inc. v. Sanctuary Surgical Centre, Inc.

5 F. Supp. 3d 1350, 2014 U.S. Dist. LEXIS 28824, 2014 WL 888644

District Court, S.D. Florida | Filed: Mar 6, 2014 | Docket: 64293751

Cited 3 times | Published

prohibition against physician fee-splitting, § Fla. Stat. 458.331(l)(i). In addition, United alleges that defendants

Field v. STATE, DEPT. OF HEALTH

902 So. 2d 893, 2005 Fla. App. LEXIS 8085, 2005 WL 1262871

District Court of Appeal of Florida | Filed: May 31, 2005 | Docket: 1257080

Cited 3 times | Published

care profession is prohibited. In addition, section 458.331(1)(j) sets out the following additional ground

Spuza v. Department of Health

838 So. 2d 676, 2003 WL 728388

District Court of Appeal of Florida | Filed: Mar 5, 2003 | Docket: 461452

Cited 3 times | Published

probable cause to believe that Spuza had violated section 458.331(1)(c), Florida Statutes (2001), and it directed

State v. WOMEN'S HEALTH AND COUNSELING SERVICES, INC.

852 So. 2d 254, 2001 WL 111037

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 1305594

Cited 3 times | Published

his or her license to practice medicine. See § 458.331(2), Fla. Stat. (1999); see also Jones, 640 So

Ghani v. Department of Health

714 So. 2d 1113, 23 Fla. L. Weekly 1677, 1998 Fla. App. LEXIS 8471, 1998 WL 390443

District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 461581

Cited 3 times | Published

circumstances. Nevertheless, Dr. Ghani violated section 458.331, Florida Statutes (1993), by failing to practice

Hoover v. Agency for Health Care Admin.

676 So. 2d 1380, 1996 WL 346971

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1693025

Cited 3 times | Published

treatment for seven patients in violation of section 458.331(m). The agency did not pursue the records charge

Castillo-Plaza v. Green

655 So. 2d 197, 1995 WL 316546

District Court of Appeal of Florida | Filed: May 24, 1995 | Docket: 1696756

Cited 3 times | Published

review granted, 525 N.W.2d 732 (Wis. 1994); see § 458.331, Fla. Stat. (1993). [8] In accordance with the

Rife v. DEPT. OF PRO. REG.

638 So. 2d 542, 1994 WL 180383

District Court of Appeal of Florida | Filed: May 13, 1994 | Docket: 1652554

Cited 3 times | Published

Ferris v. Turlington, 510 So.2d 292 (Fla. 1987); § 458.331(3), Fla. Stat. (1991). The Vermont Board rejected

Schiffman v. DEPT. OF PRO. REGULATION

581 So. 2d 1375, 1991 WL 103462

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 1683795

Cited 3 times | Published

that criteria for reinstatement are found in Section 458.331(3), Florida Statutes (1983),[2] which provided:

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

567 So. 2d 469

District Court of Appeal of Florida | Filed: Sep 5, 1990 | Docket: 1721404

Cited 3 times | Published

treatment of a patient in accordance with section 458.331(1)(m), Florida Statutes (1987). Because there

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

563 So. 2d 805, 1990 WL 89759

District Court of Appeal of Florida | Filed: Jun 26, 1990 | Docket: 1281321

Cited 3 times | Published

appellant was guilty of ten violations of Section 458.331(1), Florida Statutes (1981, 1983, & 1985).

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

531 So. 2d 411, 1988 WL 98573

District Court of Appeal of Florida | Filed: Sep 27, 1988 | Docket: 544204

Cited 3 times | Published

that Dr. Major had not violated, as charged, Section 458.331(1)(s), Florida Statutes (1985). The hearing

Griffith v. Board of Medical Examiners

454 So. 2d 683, 9 Fla. L. Weekly 1689, 1984 Fla. App. LEXIS 14453

District Court of Appeal of Florida | Filed: Aug 2, 1984 | Docket: 444525

Cited 3 times | Published

reasonable skill and safety as required by Section 458.331(3), Florida Statutes." In July, 1983, Griffith

Solloway v. DEPT OF PROFESSIONAL REG.

421 So. 2d 573

District Court of Appeal of Florida | Filed: Oct 5, 1982 | Docket: 1719432

Cited 3 times | Published

unconstitutional ex post facto application of Section 458.331, Florida Statutes (1979), and the failure of

Katz v. FLORIDA STATE BD. OF MEDICAL EXAMINERS

405 So. 2d 465, 1981 Fla. App. LEXIS 21381

District Court of Appeal of Florida | Filed: Oct 22, 1981 | Docket: 2590034

Cited 3 times | Published

appellant's argument that Florida Statutes Section 458.331(4) requires appellant's reinstatement because

Gonzalez-Gomez v. Department of Health

107 So. 3d 1139, 2012 WL 6603033, 2012 Fla. App. LEXIS 21666

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60228564

Cited 2 times | Published

Count 1 charged Gonzalez-Gomez with violating section 458.331(l)(c), Florida Statutes (2009), by being convicted

Crow v. Agency for Health Care Admin.

669 So. 2d 1160, 1996 WL 124204

District Court of Appeal of Florida | Filed: Mar 22, 1996 | Docket: 146083

Cited 2 times | Published

determination that the proposal would not violate section 458.331(1)(i), Florida States. The petition explained:

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

542 So. 2d 457, 1989 WL 43361

District Court of Appeal of Florida | Filed: May 2, 1989 | Docket: 468876

Cited 2 times | Published

safely engaging in the practice of medicine." § 458.331(3), Fla. Stat. (1987). The Board's reason for

Nach v. DEPT. OF PRO. REG., BD. OF MED. EX.

528 So. 2d 908

District Court of Appeal of Florida | Filed: Apr 29, 1988 | Docket: 1717311

Cited 2 times | Published

this case, has been in effect since 1979. See § 458.331(1)(n), Fla. Stat. (1985). According to a pleading

Gentile v. DEPT. OF PROF. REG., ETC.

448 So. 2d 1087

District Court of Appeal of Florida | Filed: Mar 27, 1984 | Docket: 429663

Cited 2 times | Published

basis for disciplining a physician pursuant to Section 458.331, as required by Section 458.313(1)(b), Florida

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

797 F.3d 859, 2015 U.S. App. LEXIS 13070, 2015 WL 4530452

Court of Appeals for the Eleventh Circuit | Filed: Jul 28, 2015 | Docket: 2677703

Cited 1 times | Published

disclose information regarding the procedure); id. § 458.331 (listing various grounds for disciplinary action

William Kale, Ph.D. v. Department of Health

175 So. 3d 815, 2015 WL 3516737

District Court of Appeal of Florida | Filed: Jun 3, 2015 | Docket: 2662141

Cited 1 times | Published

So.2d 542, 542 (Fla. 2d DCA 1994). Although section 458.331, Florida Statutes, allowed the board to revoke

Pendergraft v. Department of Health, Board of Medicine

19 So. 3d 392, 2009 Fla. App. LEXIS 8694, 2009 WL 1883893

District Court of Appeal of Florida | Filed: Jul 2, 2009 | Docket: 1651187

Cited 1 times | Published

committed medical malpractice pursuant to section 458.331(1)(t)1., Florida Statutes (2005), by failing

Fox v. Department of Health

994 So. 2d 416, 2008 Fla. App. LEXIS 16424, 2008 WL 4643822

District Court of Appeal of Florida | Filed: Oct 22, 2008 | Docket: 1666674

Cited 1 times | Published

reasonably prudent physician in violation of section 458.331(1)(t), Florida Statutes (2007). Because the

Ortiz v. Department of Health

882 So. 2d 402, 2004 WL 1621440

District Court of Appeal of Florida | Filed: Jul 21, 2004 | Docket: 1289633

Cited 1 times | Published

establish rules governing standards of practice. Section 458.331, Florida Statutes (2002), sets forth grounds

Haggerty v. Department of Business and Professional Regulation

716 So. 2d 873, 1998 WL 569171

District Court of Appeal of Florida | Filed: Sep 9, 1998 | Docket: 1521949

Cited 1 times | Published

disciplinary statute which Boedy violated, section 458.331, Florida Statutes, authorized the Board to

Oteiza v. Braxton

547 So. 2d 948, 14 Fla. L. Weekly 1486, 1989 Fla. App. LEXIS 3515, 1989 WL 65896

District Court of Appeal of Florida | Filed: Jun 20, 1989 | Docket: 64644439

Cited 1 times | Published

subject to disciplinary action pursuant to section 458.331(l)(w), Florida Statutes (1983), and which suspended

Morales v. Scherer

528 So. 2d 1, 1988 WL 8096

District Court of Appeal of Florida | Filed: Feb 10, 1988 | Docket: 1717589

Cited 1 times | Published

avoid discipline under section 458.331, Florida Statutes. Under section 458.331(1)(t) "gross or repeated"

Greenwald v. DEPARTMENT OF PRO. REG.

501 So. 2d 740, 12 Fla. L. Weekly 438

District Court of Appeal of Florida | Filed: Feb 3, 1987 | Docket: 2569630

Cited 1 times | Published

medicine or to the ability to practice medicine," section 458.331(1)(c), Florida Statutes (1985), so as to form

Bachynsky v. STATE, DEPT. OF PROFESSIONAL REG.

471 So. 2d 1305, 10 Fla. L. Weekly 1492

District Court of Appeal of Florida | Filed: Jun 14, 1985 | Docket: 1396932

Cited 1 times | Published

provide grounds for disciplinary action under Section 458.331, Florida Statutes. Respondent seeks to deny

Carrow v. DEPT. OF PROFESSIONAL REG.

453 So. 2d 842

District Court of Appeal of Florida | Filed: Jul 19, 1984 | Docket: 1651277

Cited 1 times | Published

*843 cites Section 455.241(1) and (2) and Section 458.331(1)(n), Florida Statutes (1983), and contends

Bradley D. Schaffner v. Florida Department of Health

District Court of Appeal of Florida | Filed: May 8, 2024 | Docket: 68511409

Published

appellant regardless of license status. Id. (citing § 458.331(2), Fla. Stat.). Appellant attempts to distinguish

Adley Dasilva, P.A. v. State of Florida Department of Health

District Court of Appeal of Florida | Filed: Apr 17, 2024 | Docket: 68443448

Published

certificate on his office wall, thereby violating section 458.331(1)(nn), Florida Statutes (2021), through a

Department of Health v. Saeed Akhtar Khan

District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346491

Published

averred that in doing so, Appellee violated section 458.331(1)(n), Florida Statutes, which authorizes imposition

STEPHANIE STOVER, M.D. v. STATE OF FLORIDA DEPARTMENT OF HEALTH

District Court of Appeal of Florida | Filed: Feb 17, 2021 | Docket: 59295936

Published

order alleged that Dr. Stover had violated section 458.331(1)(t), Florida Statutes, and Rule 64B8-9.009(2)(f)

Safirstein v. Dept. of Health

271 So. 3d 1178

District Court of Appeal of Florida | Filed: Apr 24, 2019 | Docket: 14988965

Published

(declaring that appellate courts may no longer 2 Section 458.331(1)(t), Fla. Stat. (2012) (subjecting a licensee

Valls v. Dept. of Health

255 So. 3d 515

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015402

Published

4 Section 458.331(1)(v), Florida Statutes (2017), subjects a

Osakatukei O. Omulepu, M.D. v. Department of Health, Board of Medicine

249 So. 3d 1278

District Court of Appeal of Florida | Filed: Jun 22, 2018 | Docket: 7254059

Published

nine-count complaint that Dr. Omulepu violated § 458.331(1), Florida Statutes (2014). According to the

Dr. Bernd Wollschlaeger v. Governor of the State of Florida

814 F.3d 1159, 2015 U.S. App. LEXIS 21573, 2015 WL 8639875

Court of Appeals for the Eleventh Circuit | Filed: Dec 14, 2015 | Docket: 3020788

Published

disclose information regarding the procedure); id. § 458.331 (listing various grounds for disciplinary action

Christian v. Department of Health, Board of Chiropractic Medicine

161 So. 3d 416, 2014 WL 941904, 2014 Fla. App. LEXIS 3491

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60247134

Published

(reversing the finding that Ghani violated section 458.331, Florida Statutes (1993), by failing to order

Viering v. Florida Commission on Human Relations ex rel. Watson

109 So. 3d 296, 2013 WL 811824, 2013 Fla. App. LEXIS 3501

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60229546

Published

the applicable standard of care or violate section 458.331(l)(t), are supported by substantial, competent

Heshmati v. Department of Health

983 So. 2d 632, 2008 Fla. App. LEXIS 6689, 2008 WL 1986267

District Court of Appeal of Florida | Filed: May 9, 2008 | Docket: 1756361

Published

ALJ. Appellant was found to have violated section 458.331, Florida Statutes. The ALJ recommended, and

Rupp v. Department of Health

963 So. 2d 790, 2007 Fla. App. LEXIS 10978, 2007 WL 2043453

District Court of Appeal of Florida | Filed: Jul 18, 2007 | Docket: 64852011

Published

non-compliance with the notification requirements of section 458.331(l)(kk), Florida Statutes, despite the fact

Trevisani v. Department of Health

908 So. 2d 1108, 2005 Fla. App. LEXIS 11062, 30 Fla. L. Weekly Fed. D 1719

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64840009

Published

prudent similar physician in violation of section 458.331(l)(t), Florida Statutes, and with failing to

Sullivan v. Department of Health, Board of Chiropractic Medicine

885 So. 2d 873, 2004 Fla. App. LEXIS 8396, 2004 WL 1336447

District Court of Appeal of Florida | Filed: Jun 16, 2004 | Docket: 64833875

Published

physicians, which contains the following, in Section 458.331: (1) The following acts constitute grounds

Hammesfahr v. Department of Health, Board of Medicine

869 So. 2d 1221, 2004 Fla. App. LEXIS 3879, 2004 WL 592159

District Court of Appeal of Florida | Filed: Mar 26, 2004 | Docket: 64829551

Published

exploitation of a patient in violation of section 458.331(l)(n), Florida Statutes (2002). Because the

Lusskin v. Department of Health, Board of Medicine

866 So. 2d 733, 2004 Fla. App. LEXIS 934

District Court of Appeal of Florida | Filed: Feb 4, 2004 | Docket: 64828352

Published

complaint against Lusskin, finding a violation of section 458.331(l)(s), Florida Statutes, and citing Lusskin’s

Liss v. Department of Health

862 So. 2d 920, 2003 Fla. App. LEXIS 19784, 2003 WL 23094595

District Court of Appeal of Florida | Filed: Dec 31, 2003 | Docket: 64827318

Published

cause existed to believe that Liss violated section 458.331(1)(c), Florida Statutes (2001), and it directed

State, Florida Department of Health v. North Florida Women's Health & Counseling Services, Inc.

852 So. 2d 254, 2001 Fla. App. LEXIS 1217

District Court of Appeal of Florida | Filed: Feb 9, 2001 | Docket: 64824348

Published

his or her license to practice medicine. See § 458.331(2), Fla. Stat. (1999); see also Jones, 640 So

Ago

Florida Attorney General Reports | Filed: Jul 9, 1999 | Docket: 3258333

Published

initiate the investigation of a physician. Section 458.331(9), Florida Statutes (1998 Supplement), provides:

Vicaria v. Department of Health

715 So. 2d 285, 1998 Fla. App. LEXIS 6160, 1998 WL 281345

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64782024

Published

penalties provided by the disciplinary guidelines. § 458.331(2), Fla. Stat. (1997); Fla. Admin. Code R. 64-B8-8

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

practice medicine with reasonable skill and safety.” § 458.331(1)(s), Florida Statutes (1995). Because we reverse

Molinari v. Department of Business & Professional Regulation

688 So. 2d 388, 1997 Fla. App. LEXIS 380, 1997 WL 43862

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 64771230

Published

statute governing his licensing proceeding, section 458.331(l)(c), specifically provided that a nolo contendere

Orasan v. Agency for Health Care Administration, Board of Medicine

668 So. 2d 1062, 1996 Fla. App. LEXIS 1599, 1996 WL 82194

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762745

Published

violating section 458.331(l)(m), Florida Statutes, and four counts of violating section 458.331(l)(t), Florida

Nair v. Department of Business & Professional Regulation, Board of Medicine

654 So. 2d 205, 1995 Fla. App. LEXIS 4171, 1995 WL 232499

District Court of Appeal of Florida | Filed: Apr 21, 1995 | Docket: 64755881

Published

that appellant had on two occasions violated section 458.331(1)©, Florida Statutes. Because the administrative

Dratler v. Department of Professional Regulation

615 So. 2d 755, 1993 Fla. App. LEXIS 2383, 1993 WL 53141

District Court of Appeal of Florida | Filed: Mar 2, 1993 | Docket: 64695074

Published

requirement) is invalid because it is unauthorized by section 458.-331(2), Florida Statutes. *756We strike the imposition

Son v. Florida Department of Professional Regulation, Division of Real Estate

608 So. 2d 75, 1992 Fla. App. LEXIS 10956, 1992 WL 296130

District Court of Appeal of Florida | Filed: Oct 20, 1992 | Docket: 64691775

Published

the complaint. . The Ayala court construed section 458.-331(l)(c), Florida Statutes (1983), which sets

Cohen v. Department of Professional Regulation, Board of Medicine

590 So. 2d 477, 1991 Fla. App. LEXIS 11951, 1991 WL 253374

District Court of Appeal of Florida | Filed: Nov 26, 1991 | Docket: 64663720

Published

The Board relies upon the express language of § 458.-331(4), Florida Statutes (1987), which provides:

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

573 So. 2d 349, 1990 WL 192306

District Court of Appeal of Florida | Filed: Jan 24, 1991 | Docket: 1518819

Published

J., L.I., and D.B., Lieberman had violated section 458.331(1)(t), Florida Statutes (1985), by failing

Sakhuja v. Department of Professional Regulation

568 So. 2d 486, 1990 Fla. App. LEXIS 7916, 1990 WL 154772

District Court of Appeal of Florida | Filed: Oct 10, 1990 | Docket: 64653812

Published

action, as appellant was charged with violating section 458.-331(l)(b), Florida Statutes, which specifies that

Robertson v. Department of Professional Regulation, Board of Medicine

574 So. 2d 153, 1990 Fla. App. LEXIS 4516, 1990 WL 85424

District Court of Appeal of Florida | Filed: Jun 19, 1990 | Docket: 64656303

Published

similar conditions and circumstances, under section 458.331(1)(t), Florida Statutes. Count II charged a

Department of Professional Regulation v. Nudel

556 So. 2d 766, 1990 Fla. App. LEXIS 595, 1990 WL 7628

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 64648055

Published

specific finding that the statutory provision, § 458.331(l)(t), Florida Statutes (1985), challenged by

Respiratory Therapeutics, Inc. v. Foster Medical Corp.

542 So. 2d 1010, 14 Fla. L. Weekly 681, 1989 Fla. App. LEXIS 1349, 1989 WL 21430

District Court of Appeal of Florida | Filed: Mar 14, 1989 | Docket: 64642246

Published

physician’s financial interest, is sanctioned by section 458.331(l)(gg), Florida Statutes (Supp. 1986). Thus

Ticktin v. Department of Professional Regulation

532 So. 2d 47, 13 Fla. L. Weekly 2269, 1988 Fla. App. LEXIS 4478, 1988 WL 103938

District Court of Appeal of Florida | Filed: Oct 4, 1988 | Docket: 64637469

Published

appellant was guilty of gross malpractice under Section 458.331(t), Florida Statutes, by underestimating A

Nach v. Department of Professional Regulation, Board of Medical Examiners

528 So. 2d 908, 1988 Fla. App. LEXIS 4303

District Court of Appeal of Florida | Filed: Apr 29, 1988 | Docket: 64636126

Published

this case, has been in effect since 1979. See § 458.331(1)(n), Fla.Stat. (1985). According to a pleading

Department of Professional Regulation v. Stern

522 So. 2d 77, 13 Fla. L. Weekly 581, 1988 Fla. App. LEXIS 852, 1988 WL 17829

District Court of Appeal of Florida | Filed: Mar 4, 1988 | Docket: 64633563

Published

allegations of sexual misconduct with patients. Section 458.331(l)(b), Florida Statutes (1983) provides that

McNair v. Criminal Justice Standards & Training Commission

518 So. 2d 390, 13 Fla. L. Weekly 66, 1987 Fla. App. LEXIS 11845, 1987 WL 31985

District Court of Appeal of Florida | Filed: Dec 29, 1987 | Docket: 64631985

Published

1985), in which a mandatory interpretation of section 458.-331(l)(c), providing that a nolo plea “shall be

Rizzo v. Department of Professional Regulation, Board of Medical Examiners

519 So. 2d 1019, 12 Fla. L. Weekly 2768, 1987 Fla. App. LEXIS 11417, 1987 WL 39239

District Court of Appeal of Florida | Filed: Dec 9, 1987 | Docket: 64632612

Published

to note my agreement that the language of section 458.331(l)(n), Florida Statutes (1985), requiring that

Maravel v. Department of Professional Regulation, Board of Medical Examiners

498 So. 2d 481, 11 Fla. L. Weekly 2188, 1986 Fla. App. LEXIS 10214

District Court of Appeal of Florida | Filed: Oct 14, 1986 | Docket: 64623454

Published

(Fla. 1st DCA 1985), Dr. Maravel argues that Section 458.331(3) is inapplicable because it relates to reinstatement

Lamphier v. Florida Board of Medical Examiners

492 So. 2d 481, 11 Fla. L. Weekly 1784, 1986 Fla. App. LEXIS 9347

District Court of Appeal of Florida | Filed: Aug 13, 1986 | Docket: 64620978

Published

reasonable skill and safety as required by Section 458.-331(3), F.S.” Thereafter Griffith filed a petition

Azima v. Department of Professional Regulation

473 So. 2d 761, 10 Fla. L. Weekly 1711, 1985 Fla. App. LEXIS 15169

District Court of Appeal of Florida | Filed: Jul 15, 1985 | Docket: 64613499

Published

conditions and circumstances.” See Fla. Stat. section 458.331(l)(t)(1981). Appellant contends that the Department’s

English v. Florida Board of Medical Examiners

461 So. 2d 200, 9 Fla. L. Weekly 2630, 1984 Fla. App. LEXIS 16496

District Court of Appeal of Florida | Filed: Dec 13, 1984 | Docket: 64608960

Published

necessary for adequate review by this court. . § 458.331(3), F.S., provides: “(3) The board shall not reinstate

Gershanik v. Department of Professional Regulation, Board of Medical Examiners

458 So. 2d 302, 9 Fla. L. Weekly 1732, 1984 Fla. App. LEXIS 14576

District Court of Appeal of Florida | Filed: Aug 7, 1984 | Docket: 64607796

Published

replaced in chapter 79-302, Laws of Florida, by section 458.-331(1)(t), Florida Statutes (1979).2 With regard

Gentile v. Department of Professional Regulation, Board of Medical Examiners

448 So. 2d 1087, 1984 Fla. App. LEXIS 12398

District Court of Appeal of Florida | Filed: Mar 27, 1984 | Docket: 64604296

Published

basis for disciplining a physician pursuant to Section 458.331, as required by Section 458.-313(l)(b), Florida

Maniglia v. Department of Professional Regulation

446 So. 2d 186, 1984 Fla. App. LEXIS 11737

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 64603264

Published

Florida Statutes (1977), is now codified at section 458.331(l)(g), Florida Statutes (1981). This statute

Boedy v. Department of Professional Regulation, Board of Medical Examiners

444 So. 2d 503, 1984 Fla. App. LEXIS 11363

District Court of Appeal of Florida | Filed: Jan 18, 1984 | Docket: 64602400

Published

skill and safety” under the provisions of Section 458.-331(l)(s), Florida Statutes (1981). This subsection

Hodge v. Department of Professional Regulation

432 So. 2d 117, 1983 Fla. App. LEXIS 19924

District Court of Appeal of Florida | Filed: Apr 27, 1983 | Docket: 64597266

Published

v. J.W.C. Co., Inc. (Fla. 1st DCA 1981). . § 458.331(2), Fla.Stat. (1981); § 893.11, Fla. Stat. (1981)

Boedy v. Department of Professional Regulation

428 So. 2d 758, 1983 Fla. App. LEXIS 18939

District Court of Appeal of Florida | Filed: Mar 25, 1983 | Docket: 64595882

Published

or other disciplinary action, pursuant to section 458.331, Florida Statutes (1981). Power to act finally

Guest v. Department of Professional Regulation, Board of Medical Examiners

429 So. 2d 1225, 1983 Fla. App. LEXIS 18828

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 64596454

Published

find that the standard of conduct required by section 458.331(1)(t), Fla.Stat. (1981)4 is not so nebulous

Guest v. Department of Professional Regulation, Board of Medical Examiners

429 So. 2d 1225, 1983 Fla. App. LEXIS 18828

District Court of Appeal of Florida | Filed: Mar 11, 1983 | Docket: 64596454

Published

find that the standard of conduct required by section 458.331(1)(t), Fla.Stat. (1981)4 is not so nebulous