The 2023 Florida Statutes (including Special Session C)
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. . . Section 458.331(1)(t), Fla. . . . Stat.); section 458.331(1)(q), Fla. . . . any controlled substance, other than in the course of the physician's professional practice); Section 458.331 . . .
. . . DISCUSSION Section 458.331(1)(v), Florida Statutes (2017), subjects a physician to discipline, including . . .
. . . Omulepu violated § 458.331(1), Florida Statutes (2014). . . . See § 458.331(1)(m) & (t), Fla. Stat. It also alleged medical malpractice against Dr. . . . See § 458.331(1)(t), Fla. Stat. . . .
. . . following information regarding the incident and violations: Possible Violation of SS. 456.072(l)(k)(dd), 458.331 . . .
. . . . § 458.331 (listing various grounds for disciplinary action, including "the use of fraud, intimidation . . .
. . . . § 458.331 (listing various grounds for disciplinary action, including "the use of fraud, intimidation . . .
. . . Although section 458.331, Florida Statutes, allowed the board to revoke the appellant’s license upon . . .
. . . Health, 714 So.2d 1113, 1114-15 (Fla. 1st DCA 1998) (reversing the finding that Ghani violated section 458.331 . . .
. . . Stat. 458.331(l)(i). . . .
. . . including the finding that Gross did not violate the applicable standard of care or violate section 458.331 . . .
. . . permanently revoked Sharma’s Florida medical license (# ME0071440) for violations of Florida Statutes §§ 458.331 . . . (l)(q), 458.331(l)(t), 458.331(l)(m), 458.331(l)(x), and 458.331(l)(g), in Department of Health case . . .
. . . Count 1 charged Gonzalez-Gomez with violating section 458.331(l)(c), Florida Statutes (2009), by being . . .
. . . board certified in obstetrics and gynecology, alleging that he violated sections 456.072(l)(k) and 458.331 . . . Pendergraft violated sections 456.072(l)(k) and 458.331(l)(g) when he performed a third trimester abortion . . . Pender-graft violated sections 456.072(l)(k) and 458.331(l)(g). . . . Pendergraft committed medical malpractice pursuant to section 458.331(l)(t)l., Florida Statutes (2005 . . . Pendergraft argues that the violation of sections 456.072(l)(k) and 458.331(l)(g) cannot serve as the . . .
. . . of care, skill, and treatment acceptable for a reasonably prudent physician in violation of section 458.331 . . . The ALJ recommended that the Board enter a final order finding Appellant in violation of section 458.331 . . . reasonably prudent similar physician as being acceptable under similar conditions and circumstances.” §§ 458.331 . . . Section 458.331(l)(t) further provides, “The board shall give great weight to the provisions of s. 766.102 . . . the AL J’s finding that Appellant’s actions fell below the standard of care in violation of section 458.331 . . .
. . . The complaints alleged violations of sections 458.331(l)(m), (q) and (t), Florida Statutes (2001) which . . . the factual findings of both the law judge and thu Department with regard to violations of section 458.331 . . . Section 458.331 reads, in pertinent part: (l) The following acts constitute grounds for denial of a license . . . physician be incompetent to practice medicine in order to be disciplined pursuant to this paragraph. § 458.331 . . .
. . . Rupp for non-compliance with the notification requirements of section 458.331(l)(kk), Florida Statutes . . . Rupp to have complied with the requirements of section 458.331(l)(kk), Florida Statutes. . . . Recommended Order, and she does not take issue with the Judge’s conclusion of law that “[subsection 458.331 . . .
. . . See § 458.331(l)(nn), Fla. . . .
. . . The outcome of this case turns upon the interpretation of seemingly conflicting statutes, • sections 458.331 . . . Accordingly, we conclude that sections 458.331(9) and 458.337(3) permit the Department to subpoena this . . . Section 458.331 entitled “Grounds for disciplinary action; action by the board and department” sets forth . . . Doe suggests, however, would ignore the provisions in sections 458.331(9) and 458.337(3), which clearly . . . Thus sections 458.331(9) and 458.337(3) were not implicated in the court’s analysis. . . .
. . . Based on Appellant’s conviction, the ALJ found that Appellant violated section 458.331(l)(c), Florida . . .
. . . Any violation of the Act by a physician “constitutes grounds for disciplinary action under s. 458.331 . . . inducing or performing an abortion] by a physician constitutes grounds for disciplinary action under s. 458.331 . . . Sections 458.331(l)(z) and 459.015(l)(dd), Florida Statutes (1999), which make a physician subject to . . . Sections 458.331(l)(z) and 459.015(l)(dd) make physicians subject to discipline if they procure, or aid . . .
. . . The scope of the physician misconduct encompassed by the language of Section 458.331(l)(q), Florida Statutes . . . There the [Heller] judge stated: * * * * * * “The wrongdoing that Section 458.331(l)(q) seeks to prevent . . . And for those same reasons, the charge that the Respondent in this case has violated Section 458.331( . . . Therefore, he is found in violation of Section 458.331(l)(q), Florida Statutes, as charged in count 3 . . . Section 458.331(l)(q) forbids the prescribing, dispensing, administering, mixing or otherwise preparing . . .
. . . level of care, skill, and treatment as a reasonably prudent similar physician in violation of section 458.331 . . . (l)(t), Florida Statutes, and with failing to keep medical records pursuant to section 458.331(l)(m), . . . The Department of Health filed exceptions to the order as to the violation of section 458.331(l)(m), . . . Based on this finding, the ALJ dismissed the count charging Appellant with a violation of section 458.331 . . . The complaint did make reference to section 458.331(l)(m), Florida Statutes, but it did not contain any . . . Trevisani was alleged not to have kept written medical records, as required by section 458.331(l)(m), . . . Trevisani on notice of his failure to comply with the terms of section 458.331(l)(m), by not keeping . . . produce the notes was sufficient evidence of a violation of the record-keeping requirements of section 458.331 . . .
. . . Any violation of the Act by a physician “constitutes grounds for disciplinary action under s. 458.331 . . . inducing or performing an abortion] by a physician constitutes grounds for disciplinary action under s. 458.331 . . . While acknowledging that disciplinary action under sections 458.331 and 459.015 is penal in nature and . . . As noted by the supreme court, sections 458.331(1)(z) and 459.015(11)(dd) provide that physicians may . . . that, as a matter of state law, scienter is required before physicians can be penalized under sections 458.331 . . .
. . . In addition, section 458.331(1)0) sets out the following additional ground for discipline: Exercising . . .
. . . (ALJ) finding that he. did not violate section 458.331(l)(m), Florida Statutes (Supp. 1996), which requires . . . So.2d 469 (Fla. 1st DCA 1990), which had held that the agency could not lawfully interpret section 458.331 . . . Section 458.331(l)(m) provides that an appropriate person may be disciplined if he or - she fails "to . . .
. . . In Ocampo, the court construed a disciplinary provision of the Medical Practice Act, section 458.331( . . . The Board of Medicine alleged that Ocampo violated section 458.331(l)(b), in that the United States Department . . . health-care programs was not action by a licensing authority of any jurisdiction, as prohibited by section 458.331 . . . It concluded that Ocampo had been improperly disciplined for violations of sections 458.331(l)(b) and . . . 458.331(1)0*3 (failure to report the exclusion within thirty days); therefore, both charges should have . . .
. . . c) Violation of this subsection by a physician constitutes grounds for disciplinary action under s. 458.331 . . .
. . . Malave had violated (1) section 458.331(l)(j), Florida Statutes (2002), by exercising influence in a . . . patient-physician relationship for purposes of engaging a patient, J.P., in sexual activity; (2) section 458.331 . . . provisions of chapter 458, Florida Statutes (2002), which prohibit sexual misconduct; and (3) section 458.331 . . .
. . . Section 458.331, Florida Statutes (2002), sets forth grounds for disciplinary action. . . . Section 458.331(1) lists acts that “constitute grounds for denial of a license or disciplinary action . . . The Board cited sections 458.309(1) and 458.331(l)(v) as specific authority for adopting the rule. . . . These principles require that the grant of rulemaking authority contained in section 458.331(l)(v) be . . . Section 458.331(l)(v) sets forth a ground for disciplinary action against a physician. . . .
. . . In the present case, the proposed amendment, if adopted, clearly would su-percede section 458.331(l)( . . . have committed repeated malpractice that is stricter than what is currently provided under section 458.331 . . . reasonably prudent similar physician as being acceptable under similar conditions and circumstances.” § 458.331 . . .
. . . legend drug” also appears in the practice act for physicians, which contains the following, in Section 458.331 . . .
. . . Aldrete violated section 458.331(l)(t), Florida Statutes (1999), count I of the complaint, by failing . . .
. . . Medicine (“the Board”) disciplining him for financial exploitation of a patient in violation of section 458.331 . . . On the third charge, the ALJ recommended discipline for a violation of section 458.331(l)(n), which prohibits . . . Hammesfahr violated section 458.331(l)(n) by charging a patient $3000 for services that she did not receive . . . Either scenario does not support the trial court’s finding of a violation of section 458.331(l)(n). . . . Hammesfahr for financial exploitation of a patient in violation of section 458.331(l)(n). . . .
. . . In 1996, the board filed an administrative complaint against Lusskin, finding a violation of section 458.331 . . . Section 458.331(l)(s), Florida Statutes, provides that a doctor who is unable to “practice medicine with . . .
. . . The Board of Medicine then determined probable cause existed to believe that Liss violated section 458.331 . . .
. . . granting the Department of Health’s motion for default and sanctioning Patz for violations of section 458.331 . . .
. . . c) Violation of this subsection by a physician constitutes grounds for disciplinary action under s. 458.331 . . .
. . . The Board concluded there was probable cause to believe that Spuza had violated section 458.331(l)(c) . . . Section 458.331(l)(e) provides: (1) The following acts constitute grounds for denial of a license or . . . took the position that Spuza’s conviction, in itself, was sufficient to prove a violation of section 458.331 . . . See § 458.331(l)(c). . . .
. . . generate and, thus, constituted an indirect method of fees for patient referral in violation of sections 458.331 . . . Florida Statutes §§ 458.331(l)(i) and 817.505(l)(a) prohibit any split fee arrangement. . . . Section 458.331(l)(i) provides that it is grounds for disciplinary action if a medical provider is: paying . . . upheld by the First District, held that the agreement was a split-fee agreement in violation of section 458.331 . . .
. . . Appellant was charged with violating sections 458.331(l)(f) and (w), Florida Statutes (2000), by instructing . . . The ALJ concluded Appellant did not violate sections 458.331(l)(f) and (w), Florida Statutes, and recommended . . .
. . . of Medicine (the Board) concluding that Gross deviated from the standard of care defined by section 458.331 . . . part of Gross to practice medicine with the level of care, skill and treatment required by section 458.331 . . . The ALJ recommended the Board enter an order finding that Gross did not violate section 458.331(l)(t) . . . that Gross’s performance was below the applicable standard of care and that he did violate section 458.331 . . . Section 458.331 (l)(t) provides in pertinent part that a medical doctor may be subject to disciplinary . . . Gross did not deviate from the standard of care defined by section 458.331(l)(t), Florida Statutes (2000 . . . followed by medical practitioners in Florida or encompassed within the statutory standard found in section 458.331 . . .
. . . which are based on revenue generated, at least in part because of referrals, is a violation of section 458.331 . . .
. . . of Appellee, Florida Department of Health (DOH), disciplining his license for violations of sections 458.331 . . . In an administrative complaint, DOH alleged that Ocampo violated section 458.331(1)(b), Florida Statutes . . . DOH further alleged that Ocampo violated section 458.331(1)(kk), Florida Statutes, by failing to report . . . The plain language of section 458.331(1)(b), Florida Statutes (1999), provides that a violation of the . . . to inform the Board of the action referred to in section 458.331(1)(b), Florida Statutes (1999). . . .
. . . Rule 64B8-9.009(4)(b) As authority for rule 64B8-9.009(4)(b), the Board relied on section 458.331(l)( . . . agreement provision in rule 64B8-9.009(4)(b) essentially because the grant of authority in section 458.331 . . . Section 458.331(l)(v) clearly grants the Board authority to require by rule that physicians performing . . . The ALJ concluded that section 458.331(l)(v) did not provide rule-making authority for this provision . . . Section 458.331(l)(v) clearly gives broad, unqualified, rulemaking authority to the Board to establish . . .
. . . Section 458.331, Florida Statutes (1991), enumerates grounds for disciplinary action against a physician . . .
. . . See §§ 390.01115(3)(c), 458.331(l)(z), Fla. . . . See § 458.331(2), Fla. Stat. (1999); see also Jones, 640 So.2d at 1085. . . . Sections 458.331(l)(z) and 459.015(l)(dd), Florida Statutes (1999), which make a physician subject to . . . “[pjrocuring, or aiding or abetting in the procuring of, an unlawful termination of pregnancy.” §§ 458.331 . . . See, e.g., §§ 458.331(l)(s), (l)(t), & (l)(v), Fla.Stat. (1999); see also § 743.0645(2), Fla.Stat. (1999 . . .
. . . Section 458.331, specifically, was designed to “protect the public from practitioners who cannot comply . . . The first paragraph of the jury instruction in question references section 458.331, which is entitled . . . Title 59 of the Florida Administrative Code is consistent with section 458.331, Florida Statutes, in . . . (l)(g), Florida Statutes; the not accepting and performing professional requirement of Section 458.331 . . . (l)(v), Florida Statutes; and the delegation of duties restrictions of Section 458.331(l)(w), Florida . . .
. . . This alleged practice may be in violation of sections 458.331(l)(j) and 458.359, Florida Statutes (1995 . . .
. . . Management Agreement is void because the third component of the fee structure violates Florida Statute §§ 458.331 . . .
. . . We further noted that the disciplinary statute which Boedy violated, section 458.331, Florida Statutes . . . See, e.g., §§ 457.116 (acupuncture), 458.331 (medical practice), 459.015 (osteopathy), 460.413 (chiropractic . . .
. . . Ghani violated section 458.331, Florida Statutes (1993), by failing to practice medicine with the level . . .
. . . . § 458.331(2), Fla. Stat. (1997); Fla. Admin. Code R. 64-B8-8.001. Affirmed. . . .
. . . e) Violation of this subsection by a physician constitutes grounds for disciplinary action under s. 458.331 . . .
. . . specifically found to have acted in a manner below the acceptable standard of care, a violation of paragraph 458.331 . . . (l)(t), and to have exploited his patient for financial gain, a violation of paragraph 458.331(l)(n). . . . Thus we affirm the order under review as to the claimed violation of paragraph 458.331(l)(n), exploitation . . . consider and impose whatever disciplinary action it chooses to order in compliance with subsection 458.331 . . .
. . . . § 458.331(l)(c) and (q). . . .
. . . Count One alleged a violation of subsection 458.331(1)(t); Count Two alleged a violation of subsection . . . 458.331(l)(j); Count Three alleged a violation of subsection 458.331(1)(x); and Count Four alleged a . . . violation of subsection 458.331(1)(s). . . . Subsection 458.331(l)(t), Florida Statutes (1995), provides the following grounds for disciplinary action . . . Subsection 458.331 (l)(x), Florida Statutes (1995), specifies as a grounds for disciplinary action: ( . . .
. . . had entered a nolo contendere plea; however, the statute governing his licensing proceeding, section 458.331 . . .
. . . physician as being acceptable under similar conditions and circumstances; in violation of sections 458.331 . . . of fact in accordance with the agency’s suggestions, and found the doctor in violation of sections 458.331 . . .
. . . Borrego, alleging that he violated section 458.331(l)(c), Florida Statutes, which authorizes disciplinary . . . Borre-go violated section 458.331(l)(c), and ordered him to pay a $5,000 fine to the Board, reprimanded . . . Based on the above authorities, we conclude that section 458.331 was designed to serve the public welfare . . .
. . . Florida Statute §§ 458.320(4)(b) and 458.331 set forth the penalties instituted by the DBPR and the Board . . . This Court finds that Fla.Stat. §§ 458.320 and 458.331 do not limit the liability of a non-insured physician . . . Florida Statute § 458.331 provides: (1) The following acts shall constitute grounds for which the disciplinary . . .
. . . Petitioner requests that the Board of Medicine interpret Section 458.331(l)(i), Florida Statutes, in . . . Section 458.331(l)(i), Florida Statutes, prohibits certain financial arrangements by physicians. . . . based on current year revenues would each be in violation of the prohibition set forth in Subsection 458.331 . . . Crow argues that section 458.331(l)(i) prohibits only payment or receipt of commissions, bonuses, kickbacks . . . case, the Board is making it clear that selling one’s practice to an HMO is not a loophole to section 458.331 . . .
. . . challenges a final order of the Board of Medicine (the board) imposing sanctions for violations of sections 458.331 . . . charged the appellant in an amended administrative complaint with four counts of violating section 458.331 . . . (l)(m), Florida Statutes, and four counts of violating section 458.331(l)(t), Florida Statutes, in connection . . . promulgate separate disciplinary guidelines for each of the three types of violations described in section 458.331 . . . (l)(t), Florida Statutes, as mandated by section 458.331(5), Florida Statutes (Supp.1990), we note that . . .
. . . The title to chapter 92-178 provides: An act relating to medical practice; repealing s. 458.331(l)(gg . . .
. . . upon discovery of defense violation of privilege), review granted, 525 N.W.2d 732 (Wis.1994); see § 458.331 . . .
. . . the Board of Medicine (“the Board”) determining that appellant had on two occasions violated section 458.331 . . . The administrative complaint alleged that appellant’s conduct violated section 458.331(l)(j), Florida . . . Appellant contends that the , Board erred in finding appellant guilty of a violation of section 458.331 . . . Because the Department proved a violation of section 458.331(l)(j) with regard to patient 2 by a mere . . . Section 458.331(1)(j), Florida Statutes (1989) provides that disciplinary action may be taken against . . .
. . . .-320(5)(g) and 458.331(l)(a) and (g). 5. . . . Grau of F.S. § 458.320(5)(g) and § 458.331(l)(a) and (g) for failure to pay Branham’s adverse final judgment . . . Section 458.331(l)(g) provides: (1) The following acts shall constitute grounds for which the disciplinary . . .
. . . McCarthy was charged with violating section 458.331(l)(m) and (t), Florida Statutes, in his delivery . . . As a result, the hearing officer determined that rotating the baby’s head violated section 458.331(l) . . . Section 458.331(l)(m) and (t), Florida Statutes (1991), provides in part: (l) The following acts shall . . .
. . . Turlington, 510 So.2d 292 (Fla.1987); § 458.331(3), Fla.Stat. (1991). . . . Section 458.331 permits the Board to revoke a physician’s license upon clear and convincing evidence . . . reasoning clearly raises issues of due process, the supreme court has not squarely held that section 458.331 . . . We recognize that section 458.331 is penal in nature and should be strictly construed in favor of the . . . Section 458.331(l)(b) permits disciplinary action based on any action against a medical license in another . . .
. . . the evidence did not show the proposed rule to be inconsistent with existing law, including sections 458.331 . . .
. . . For example, section 458.331(l)(i), proscribing payment or acceptance of referral fees by physicians, . . .
. . . Section 458.331(l)(c) contains virtually identical language as section 475.25(l)(f). . . .
. . . ruling upon a proceeding under the rule, however, the Board is subject to the very strict dictates of § 458.331 . . .
. . . See, e.g„ §§ 457.109(l)(j), 458.331(l)(j), 458.-331(l)(q), 459.015(l)(m), 459.015(l)(u), 461.-013(l)( . . .
. . . The basis for the instant disciplinary proceedings was appellant’s alleged violation of section 458.331 . . . Section 458.331(1)(l), Florida Statutes (1983), prohibits the making of “deceptive, untrue, or fraudulent . . . or related to the practice of medicine or employing a trick or scheme in the practice of medicine. § 458.331 . . .
. . . hearing officer found that, with respect to patients B.J., L.I., and D.B., Lieberman had violated section 458.331 . . . patients L.I. and D.B., the hearing officer found Lieberman also had violated sections 458.329 and 458.331 . . .
. . . for failing to keep medical records justifying his treatment of a patient in accordance with section 458.331 . . . Breesmen violated section 458.331(l)(m), or any rule promulgated pursuant to this statute, we reverse . . . Breesmen alleging, inter alia, that he violated Section 458.331(l)(t), Florida Statutes, by failing to . . . such standards been promulgated pursuant to section 458.331(l)(m). . . . Breesmen violated section 458.331(l)(m). . . .
. . . order of the hearing officer, who had concluded that appellant was guilty of ten violations of Section 458.331 . . . We, therefore, set aside the findings of guilt and the fines for violation of Section 458.331(l)(h), . . . Florida Statutes (1981); Section 458.331(l)(t), Florida Statutes (1981); and Section 458.331(l)(n), Florida . . . fine which could be assessed by appellee for violations of Section 458.331(1), Florida Statutes. . . . For its authority, appellee relies upon the language contained in Section 458.331(2)(f), Florida Statutes . . .
. . . prudent similar physician as being acceptable under similar conditions and circumstances, under section 458.331 . . . appellant’s medical records after the filing of the administrative complaint, alleged to violate section 458.331 . . . As to the record-keeping charge, the statute, section 458.331(l)(m), imposes the requirement of keeping . . .
. . . of “repeated malpractice,” and notwithstanding the specific finding that the statutory provision, § 458.331 . . .
. . . the Board of Medical Examiners, which found Oteiza subject to disciplinary action pursuant to section 458.331 . . . , Oteiza was responsible for failure to ensure that the workers were certified, pursuant to section 458.331 . . . Pursuant to section 458.331(4), Florida Statutes (1983), the Board of Medical Examiners is authorized . . . At the time Oteiza was disciplined, the penalty for violation of section 458.331(l)(w) ranged anywhere . . .
. . . .” § 458.331(3), Fla.Stat. (1987). . . .
. . . more after disclosure to the patients of the physician’s financial interest, is sanctioned by section 458.331 . . . I do not agree with the majority that the fact that, pursuant to section 458.331(l)(gg), Florida Statutes . . .
. . . The 1985 versions of sections 458.331(l)(g) and (h) prohibit aiding or assisting an unlicensed person . . . In 1986 section 458.331(1) was re-numbered so that subsections (g) and (h) now prohibit failing to perform . . . scheme to obtain or attempt to obtain a medical license for another person in violation of section 458.331 . . .
. . . Department”) filed an administrative complaint against appellant charging him with violations of Section 458.331 . . . that appellant was unable to practice medicine with reasonable skill and safety contrary to Section 458.331 . . . This is comparable to a finding under section 458.331(l)(s) that a physician is unable to practice with . . . The Department did not charge appellant with a violation of Section 458.331(l)(a), which prohibits ‘‘ . . .
. . . every physician practicing in this state meet minimum requirements for safe practice,” and section 458.331 . . .
. . . The hearing officer concluded that the appellant was guilty of gross malpractice under Section 458.331 . . .
. . . Major had not violated, as charged, Section 458.331(l)(s), Florida Statutes (1985). . . . of alcohol, drugs, narcotics, chemicals, ... or as a result of any mental or physical condition,” § 458.331 . . . of alcohol, drugs, narcotics, chemicals, ... or as a result of any mental or physical condition.” § 458.331 . . .
. . . See § 458.331(1)(n), Fla.Stat. (1985). . . .
. . . Section 458.331(l)(b), Florida Statutes (1983) provides that disciplinary action may be taken against . . . In this case, the issue is the proper interpretation of the pertinent language of Section 458.331(1)( . . .
. . . Apparently this was done to permit the doctor to avoid discipline under section 458.331, Florida Statutes . . . Under section 458.331(1)(t) “gross or repeated” malpractice is grounds for disciplinary action by the . . .
. . . concur in the majority decision and write separately to note my agreement that the language of section 458.331 . . . Section 458.331(1) specifies no fewer than 31 acts which constitute grounds for which disciplinary action . . . Section 458.331(l)(n), at issue here, defines the failure “to keep written medical records justifying . . . (1)(I) ], “reasonable skill and safety to patients” [§ 458.331(l)(s) ], or “that level of care, skill . . . , and treatment which is recognized by a reasonably prudent similar physician” [§ 458.331(l)(t) ]. . . .
. . . Sec. 458.331, Fla. . . . Sec. 458.331, Fla. . . . Gooding, the language of Sec. 458.331, Fla. . . .
. . . Section 458.331(1), Florida Statutes, provides that disciplinary action may be taken based on the following . . . Section 458.331(1)(1), makes it a violation for a physician to make deceptive, untrue, or fraudulent . . . Therefore, Koo has violated Section 458.331(1)91) and is guilty of the violation alleged in Count Six . . .
. . . murder “directly relates to the practice of medicine or to the ability to practice medicine,” section 458.331 . . .
. . . Maravel argues that Section 458.331(3) is inapplicable because it relates to reinstatement of licenses . . . However, a close reading of Ba-chynsky reflects that this court did not hold that Section 458.331(3) . . . See Section 458.331(3), F.S.” Additionally, in Farzad v. . . . Section 458.331, Florida Statutes, provides the grounds for disciplinar^ action. . . .
. . . Appellant was found to have violated section 458.331(l)(t), Florida Statutes, by engaging in gross or . . . Although section 458.331(l)(t) references section 768.45, Florida Statutes, which establishes standards . . . s actions created the potential for actual injury or harm, and the agency’s construction of section 458.331 . . . Appellant was also found to have violated section 458.331(1)©, Florida Statutes, by making deceptive, . . . Appellant was further found to have violated section 458.331(l)(i), Florida Statutes, by making or filing . . .
. . . Nest, because by virtue of his past impairment he had violated Section 458.331(l)(s), Florida Statutes . . . Nest licensure because Section 458.331(l)(s) further provided that: A physician affected under this paragraph . . .
. . . hearing officer first addressed Van Ore’s prescription practices for the patients as covered by section 458.331 . . . concerning one of the assistants and that the only violation established by the department was under section 458.331 . . . The officer recommended that the Board of Medical Examiners find Van Ore guilty of violating section 458.331 . . .
. . . administrative complaint against the doctor, charging him with violation of four provisions of section 458.331 . . . contends that the questions remaining in the trial court vis-a-vis the constitutionality of section 458.331 . . . administrative proceeding, one of the doctor’s points on appeal was the unconstitutionality of section 458.331 . . .
. . . Count one alleged violations of Sections 458.329 and 458.331(l)(x), Florida Statutes (1983) for sexual . . . Count two alleged a violation of Section 458.331(l)(k) which prohibits exercising influence within a . . . Count three alleged malpractice, a violation of Section 458.331(l)(t). . . . (l)(x), 458.331(l)(k) or 458.331(l)(t) and recommended a dismissal of the administrative complaint. . . . Section 458.331(l)(t) includes malpractice as a ground for disciplinary action. . . .