Florida Statute 459.011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 459
OSTEOPATHIC MEDICINE

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F.S. 459.011

459.011 Privileges, obligations, and status of osteopathic physicians.—

(1) Osteopathic physicians shall observe and be subject to all state and municipal regulations relative to reporting births and deaths and all matters pertaining to the public health, with equal rights and obligations as physicians of other schools of medicine, and such reports shall be accepted by the officers of the departments to which the same are made.

(2) Osteopathic physicians licensed under this chapter shall have the same rights as physicians and surgeons of other schools of medicine with respect to the treatment of cases or holding of offices in public institutions.

(3) It is the intent and purpose of this chapter to grant to osteopathic physicians the right to practice as taught and practiced in the standard colleges of osteopathic medicine.

(4)(a) For the purposes of this subsection, “licensee” means a physician licensed under chapter 458 or an osteopathic physician licensed under this chapter.

(b) It is the policy of this state that osteopathic physicians licensed under this chapter be accorded equal professional status and privileges as physicians licensed under chapter 458.

(c) Whenever the health facility staffing requirements for staff or department privileges mandate that the licensee who has been granted privileges be certified by an approved specialty board of the American Board of Medical Specialties, the health facility staffing requirements or department privileges shall be construed to also include a licensee who has achieved certification by an equivalent board of the American Osteopathic Association.

(d) Whenever an entity that contracts with licensees to provide managed care or risk-based care requires that the licensee who is responsible for the contract be certified by the American Board of Medical Specialties, the contract reference to the American Board of Medical Specialties shall be construed to also include the American Osteopathic Association when the contracting licensee is an osteopathic physician.

(e) Nothing in this subsection shall preclude an entity that contracts with licensees to provide managed care or risk-based care from establishing controls that are designed to ensure the achievement and maintenance of high standards of professional and ethical practices, including a provision that all members of the licensee’s staff be required to demonstrate their ability to perform surgical and other procedures competently and to the satisfaction of an appropriate committee or committees at the time of original application for appointment and at least every 2 years thereafter.

(f) No health facility may adopt written bylaws in accordance with legal requirements that in any way are construed to circumvent the intent of the Legislature or any other nondiscriminatory provisions contained in either chapter 458 or this chapter.

History.—ss. 1, 6, ch. 79-230; ss. 2, 3, ch. 81-318; ss. 27, 29, ch. 86-290; s. 4, ch. 91-429; s. 1, ch. 96-147.

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Amendments to 459.011

Arrestable Offenses / Crimes under Fla. Stat. 459.011

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 459.011.

Annotations, Discussions, Cases:

Cases Citing Statute 459.011

Total Results: 16

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 2005-01-13

Citation: 894 So. 2d 1000, 2005 Fla. App. LEXIS 106, 2005 WL 147589

Snippet: serve as his representative under Fla. Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally

Strohm v. Hertz Corp.

Court: District Court of Appeal of Florida | Date Filed: 1996-12-05

Citation: 685 So. 2d 37, 1996 WL 708615

Snippet: 458.305, Fla.Stat. (1993) (medical doctors); § 459.011(2), Fla.Stat. (1993) (osteopathic physicians);

Leon County v. State Dept. of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1996-01-23

Citation: 666 So. 2d 1003, 1996 WL 20860

Snippet: section 7. Fla.Bar Journal, June 1981 at page 459. [11] Senate Staff Analysis and Economic Impact Statement

Clair v. GLADES COUNTY BD. OF COM'RS

Court: Supreme Court of Florida | Date Filed: 1995-01-19

Citation: 649 So. 2d 224, 1995 WL 16886

Snippet: holding of offices in public institutions." Section 459.011(2), Fla. Stat. (1993). Practitioners of podiatric

Clair v. Glades County Bd. of Com'rs

Court: District Court of Appeal of Florida | Date Filed: 1994-01-25

Citation: 635 So. 2d 84, 1994 WL 17259

Snippet: holding of offices in public institutions." Section 459.011(2), Fla. Stat. (1993).[7] Practitioners of podiatric

Tribune Co. v. DML

Court: District Court of Appeal of Florida | Date Filed: 1990-08-29

Citation: 566 So. 2d 1333, 1990 WL 126201

Snippet: transported to that facility in an unmarked car, § 394.459(11), have the right to vote, § 394.459(7), be allowed

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-10-09

Snippet: DEFINITION OF A "SMALL RURAL COUNTY" CONTAINED IN s. 394.459(11), F.S. (1984 SUPP.)? 5. WHAT LIABILITY DOES

Ago

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

Snippet: transportation responsibilities placed upon it by s 394.459(11). For those types of patients, however they may

Alexander v. State

Court: District Court of Appeal of Florida | Date Filed: 1980-03-12

Citation: 380 So. 2d 1188

Snippet: serve as his representative under Fla. Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally

Hatchell v. State

Court: District Court of Appeal of Florida | Date Filed: 1976-03-16

Citation: 328 So. 2d 874

Snippet: serve as his representative under Fla. Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-03-11

Snippet: supplied.) Section 394.459(10), F. S. 1971 (now s. 394.459(11), F. S.), does require the governing body "of the

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-10-30

Snippet: applicant for licensure by endorsement under s. 459.11, F.S., serve an internship? 4. Must the board require

Lederer ex rel. Gravina v. Stack

Court: District Court of Appeal of Florida | Date Filed: 1974-05-10

Citation: 294 So. 2d 107, 1974 Fla. App. LEXIS 7200

Snippet: serve as his representative under Fla.Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-04-09

Snippet: emergency examination and treatment. Section 394.459(11), F.S., as amended by s. 3, Ch. 73-133, Laws of

In Re Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 1973-01-29

Citation: 272 So. 2d 65

Snippet: serve as his representative under Fla. Stat. § 394.459(11), F.S.A., in the event the defendant is found mentally

Seaboard Air Line Railroad Co. v. Braddock

Court: Supreme Court of Florida | Date Filed: 1957-05-08

Citation: 96 So. 2d 127, 1957 Fla. LEXIS 3523

Snippet: 6/1-10/31/52 pylon 459.__ 11/1/52 to date artificial limb