Florida Statutes
Fla. Stat. § 459.002 (2025)
Chapter not applicable to practice of medicine, surgery, chiropractic medicine, etc.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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459.002 Chapter not applicable to practice of medicine, surgery, chiropractic medicine, etc.—
(1) The provisions of this chapter shall have no application to:
(a) Duly licensed health care practitioners, other than osteopathic physicians and their physician assistants, acting within their scope of practice authorized by statute.
(b) Any physician lawfully licensed in another state or territory or foreign country when meeting duly licensed physicians of this state in consultation.
(c) Commissioned medical officers of the Armed Forces of the United States and of the Public Health Service of the United States while on active duty.
(d) Students practicing under the direct supervision of licensed osteopathic physicians in extern programs approved by any college recognized and approved by the American Osteopathic Association.
(e) Any person, other than a person licensed under this chapter, furnishing medical assistance in case of any emergency.
(f) The domestic administration of recognized family remedies.
(g) The practice of the religious tenets of any church in this state.
(h) Any person or manufacturer who, without the use of drugs or medicine, mechanically fits or sells lenses, artificial eyes or limbs, or other apparatus or appliances or is engaged in the mechanical examination of eyes for the purpose of constructing or adjusting spectacles, eyeglasses, or lenses.
(2) Nothing in this chapter shall be construed to prohibit any service rendered by any person if such service is rendered under the direct supervision and control of a licensed osteopathic physician who must be available when needed, must provide specific direction for any service to be performed, and must give final approval to all services performed.
History.—ss. 1, 6, ch. 79-230; s. 302, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 2, 27, 29, ch. 86-290; s. 6, ch. 91-22; s. 4, ch. 91-429; s. 269, ch. 98-166.
Notes of Decisions
Cited in 2
cases, 1982–1983 · leading case: Barker v. Bd. of Med. Examiners, Dept. of Prof. Reg., 428 So. 2d 720 (Fla. 1st DCA 1983).
Barker v. Bd. of Med. Examiners, Dept. of Prof. Reg., 428 So. 2d 720 (Fla. 1st DCA 1983). “" Indeed, Section 459.002, Florida Statutes (1979), provides generally that Chapter 459 is not applicable to the practice of medicine, surgery, chiropractic, etc.”
Gulf Coast Hosp., Inc. v. Dept. of Health & Rehabilitative Servs., 424 So. 2d 86 (Fla. 1st DCA 1982). “[7] § 459.002(3), Fla. Stat.: "Practice of osteopathic medicine" means the diagnosis, treatment, operation or prescription for any human disease, pain, injury, deformity or other physical or mental condition, which practice is based in part upon educational standards and…”
— 459.002(3) — 1 case
Gulf Coast Hosp., Inc. v. Dept. of Health & Rehabilitative Servs., 424 So. 2d 86 (Fla. 1st DCA 1982). “[7] § 459.002(3), Fla. Stat.: "Practice of osteopathic medicine" means the diagnosis, treatment, operation or prescription for any human disease, pain, injury, deformity or other physical or mental condition, which practice is based in part upon educational standards and…”
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