Florida Statute 458.337 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.337

458.337 Reports of disciplinary actions by medical organizations and hospitals.—

(1)(a) The department shall be notified when any physician:

1. Has been removed or suspended or has had any other disciplinary action taken by his or her peers within any professional medical association, society, body, or professional standards review organization established pursuant to Pub. L. No. 92-603, s. 249F, or similarly constituted professional organization, whether or not such association, society, body, or organization is local, regional, state, national, or international in scope; or

2. Has been disciplined by a licensed hospital, health maintenance organization, prepaid health clinic, ambulatory surgical center, or nursing home or the medical staff of such a hospital, health maintenance organization, prepaid health clinic, ambulatory surgical center, or nursing home, including allowing the physician to resign, for any act that constitutes a violation of this chapter. If a physician resigns or withdraws from privileges when such facility notifies the physician that it is conducting an investigation or inquiry regarding an act which is potentially a violation of this chapter, the facility shall complete its investigation or inquiry and shall notify the department of the physician’s resignation or withdrawal from privileges if the completed investigation or inquiry results in a finding that such act constitutes a violation of this chapter for which the facility would have disciplined the physician or allowed the physician to resign or withdraw from privileges.

(b) Within 20 days of receipt of such notification, the department shall notify all hospitals and health maintenance organizations in the state of any disciplinary action which is severe enough for expulsion or resignation reported pursuant to subparagraph (a)2., identifying the disciplined physician, the action taken, and the reason for such action.

(2) Any organization taking action as set forth in this section shall report that action to the department within 30 days of its initial occurrence, regardless of the pendency of appeals therefrom. The notification shall identify the disciplined physician, the action taken, and the reason for such action. Any organization failing to report such action pursuant to this section shall be subject to a fine assessed by the department in an amount not exceeding $1,000.

(3) Any organization taking action as set forth in this section shall, upon department subpoena, provide copies of the records concerning the action to the department. However, those records shall be used solely for the purpose of the department and the board in disciplinary proceedings. The records shall otherwise be confidential and exempt from s. 119.07(1). These records shall not be subject to discovery or introduction into evidence in any administrative or civil action.

(4) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, the department or any association, society, body, organization, hospital, hospital medical staff, or hospital disciplinary body or its agents, investigators, witnesses, employees, or any other person for any action taken without intentional fraud in carrying out the provisions of this section. However, this exemption applies only to actions taken in providing notice pursuant to this section.

History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; s. 1, ch. 83-50; s. 17, ch. 83-329; s. 40, ch. 85-175; ss. 25, 26, ch. 86-245; s. 28, ch. 87-236; s. 27, ch. 88-1; s. 9, ch. 91-140; s. 4, ch. 91-429; s. 311, ch. 96-406; s. 1091, ch. 97-103; s. 47, ch. 98-166.

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Amendments to 458.337

Arrestable Offenses / Crimes under Fla. Stat. 458.337

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.337.

Annotations, Discussions, Cases:

Cases Citing Statute 458.337

Total Results: 5

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 984 So. 2d 478

Snippet: health maintenance organization in the state. § 458.337(1)(a)-(b), Fla. Stat. (2005). The medical provider…or in disciplinary actions pursuant to section 458.337(1)(a)-(b), Florida Statutes.[10]*502 Again, in

Horowitz v. PLANTATION GENERAL HOSP. LTD.

Court: Fla. | Date Filed: 2007-05-24T00:53:00-07:00

Citation: 959 So. 2d 176

Snippet: address physician financial responsibility. See § 458.337, Fla. Stat. (2006). Rather, the provision states…been disciplined by a licensed hospital," § 458.337(1)(a)(2), Fla. Stat., and that "[a]ny organization… report that action to the department." § 458.337(2), Fla. Stat. We conclude that the failure to

Doe v. Department of Health

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-26T23:53:00-08:00

Citation: 948 So. 2d 803

Snippet: conflicting statutes, sections 458.331(9) and 458.337(3), Florida Statutes (2005), and sections 395.0193…Accordingly, we conclude that sections 458.331(9) and 458.337(3) permit the Department to subpoena this information…information to the Department as permitted by section 458.337(3) maintains the broader confidential and exempt…Florida hospital in May 2005. Pursuant to section 458.337(1)(a), (2), the hospital notified the Department…investigation regarding physician discipline. Section 458.337 requires hospitals to notify the Department of

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-07-09T00:53:00-07:00

Snippet: the department pursuant to s. 395.0193(4) or s. 458.337, providing that the investigations, proceedings…professional liability claims and actions; and s. 458.337(3), Fla. Stat. (1998 Supp.), dealing with reports

Mercy Hosp. v. DEPT. OF PROF. REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-04-22T23:53:00-08:00

Citation: 467 So. 2d 1058

Snippet: Mercy Hospital notified DPR pursuant to Section 458.337(1)(a), Florida Statutes (1983), that Mercy Hospital