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Florida Statute 458.339 | Lawyer Caselaw & Research
F.S. 458.339 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 458.339

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 458
MEDICAL PRACTICE
View Entire Chapter
F.S. 458.339
458.339 Physician’s consent; handwriting samples; mental or physical examinations.Every physician who accepts a license to practice medicine in this state shall, by so accepting the license or by making and filing a renewal of licensure to practice in this state, be deemed to have given his or her consent, during a lawful investigation of a complaint, to the following:
(1) To render a handwriting sample to an agent of the department and, further, to have waived any objections to its use as evidence against him or her.
(2) To waive the confidentiality and authorize the preparation and release of medical reports pertaining to the mental or physical condition of the physician himself or herself when the department has reason to believe that a violation of this chapter has occurred and when the department issues an order, based on the need for additional information, to produce such medical reports for the time period relevant to the complaint. As used in this section, “medical reports” means a compilation of medical treatment of the physician himself or herself which shall include symptoms, diagnosis, treatment prescribed, relevant history, and progress.
(3) To waive any objection to the admissibility of the reports as constituting privileged communications. Such material maintained by the department shall remain confidential and exempt from s. 119.07(1) until probable cause is found and an administrative complaint issued.
History.ss. 1, 8, ch. 79-302; ss. 1, 3, ch. 80-352; ss. 2, 3, ch. 81-318; ss. 25, 26, ch. 86-245; s. 10, ch. 91-140; s. 4, ch. 91-429; s. 312, ch. 96-406; s. 1092, ch. 97-103.

F.S. 458.339 on Google Scholar

F.S. 458.339 on Casetext

Amendments to 458.339


Arrestable Offenses / Crimes under Fla. Stat. 458.339
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.339.



Annotations, Discussions, Cases:

Cases from cite.case.law:

R. BOEDY, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 444 So. 2d 503 (Fla. Dist. Ct. App. 1984)

. . . We therefore find Sections 458.331(l)(s) and 458.339, Florida Statutes (1981), to be constitutional, . . .