Florida Statute 459.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 459
OSTEOPATHIC MEDICINE

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F.S. 459.002

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.

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Amendments to 459.002

Arrestable Offenses / Crimes under Fla. Stat. 459.002

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 459.002.

Annotations, Discussions, Cases:

Cases Citing Statute 459.002

Total Results: 19

State v. JLM, III

Court: District Court of Appeal of Florida | Date Filed: 2006-04-18

Citation: 926 So. 2d 457, 2006 Fla. App. LEXIS 5772, 2006 WL 994031

Snippet: and attention deficit hyperactivity disorder; *459 2) that in October 2004, he had been referred by the

Westerheide v. State

Court: Supreme Court of Florida | Date Filed: 2002-10-17

Citation: 831 So. 2d 93, 2002 WL 31319386

Snippet: to cases initiated under this part.") with § 394.459(2)(b), Fla. Stat. (2001) ("It is further the policy

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-08-02

Snippet: upon a patient's inability to pay.7 Section 394.459(2)(a), F.S., recognizes, however, that facilities

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Court: Florida Attorney General Reports | Date Filed: 1985-05-16

Snippet: effect on July 1, 1984, but that amendments to s 394.459(2), (4), (9) and (11) took effect on January 1, 1985

Clark v. Dept. of Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1985-01-04

Citation: 463 So. 2d 328

Snippet: medicine licensed under this chapter or chapter 459. (2) No physician shall be subject to disciplinary

Barker v. Board of Medical Examiners, Dept. of Prof. Reg.

Court: District Court of Appeal of Florida | Date Filed: 1983-03-09

Citation: 428 So. 2d 720

Snippet: maintenance and restoration of health." Indeed, Section 459.002, Florida Statutes (1979), provides generally that

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Court: Florida Attorney General Reports | Date Filed: 1983-02-10

Snippet: physician to whom the assistant is assigned. See, ss 459.002(2) and 459.022(3), F.S., similarly providing for

Gulf Coast Hosp., Inc. v. DEPT. OF HEALTH & REHABILITATIVE SERVICES

Court: District Court of Appeal of Florida | Date Filed: 1982-12-16

Citation: 424 So. 2d 86

Snippet: medical facilities. 42 U.S.C. § 300m-6(f). [7] § 459.002(3), Fla. Stat.: "Practice of osteopathic medicine"

Bellavance v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-11-13

Citation: 390 So. 2d 422

Snippet: particular mental patient. Sections 394.453 and 394.459(2)(b), Florida Statutes. It is equally clear that

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Court: Florida Attorney General Reports | Date Filed: 1979-06-27

Snippet: s. 402.17(2), F. S., might conflict with s. 394.459(2), F. S., which provides: `The policy of the state

In Re Fla. Rules of Judicial Administration

Court: Supreme Court of Florida | Date Filed: 1979-06-14

Citation: 372 So. 2d 449, 1979 Fla. LEXIS 4707

Snippet: .............................................. 459 2.070 Court Reporting ..........................

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Court: Florida Attorney General Reports | Date Filed: 1978-03-24

Snippet: homeopathic, and eclectic schools of medicine. See ss. 459.02, 459.07(2) and 459.13, F. S. Section 459.06, F

Dept. of Health and Rehab. Services v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-08-06

Citation: 338 So. 2d 220

Snippet: plus by statute and case law. Fla. Stat. §§ 394.459(2), (4) (1975), and O'Connor v. Donaldson, 422 U.S

Beasley v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-07-02

Citation: 315 So. 2d 540

Snippet: concur. NOTES [1] (Fla.App.3d, 1971), 253 So.2d 459. [2] (1963) 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d

Beasley v. State

Court: District Court of Appeal of Florida | Date Filed: 1975-03-07

Citation: 310 So. 2d 37, 1975 Fla. App. LEXIS 13946

Snippet: 2d 597 (Fla.1962) and Hooks v. State, 207 So.2d 459 (2 DCA Fla.1968), no provision of constitution, statute

Singletary v. State

Court: District Court of Appeal of Florida | Date Filed: 1974-03-06

Citation: 290 So. 2d 116

Snippet: 2d 597 (Fla. 1962) and Hooks v. State, 207 So.2d 459 (2 DCA Fla. 1968), no provision of constitution, statute

Aetna Insurance Company v. LaGasse

Court: Supreme Court of Florida | Date Filed: 1969-06-11

Citation: 223 So. 2d 727

Snippet: Aetna Ins. Co., Fla.App. 1968, 213 So.2d 454, 459. [2] Ibid., p. 457. [3] Kingsley v. Broward, 19 Fla

Loewenthal v. Mandell

Court: Supreme Court of Florida | Date Filed: 1936-09-11

Citation: 170 So. 169, 125 Fla. 685, 1936 Fla. LEXIS 1346

Snippet: is perhaps equal authority the other way." Sec. 459.2; Thomas Kay M. Co. v. Sprague, 259 Fed. 338; In

Myers v. Hodges

Court: Supreme Court of Florida | Date Filed: 1907-01-15

Citation: 53 Fla. 197

Snippet: non-suits and directing verdicts. Gould on Pleading, 459; 2 Thompson on Trials, Sec. 2267. On a demurrer to