Florida Statute 459.013 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 459
OSTEOPATHIC MEDICINE

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F.S. 459.013

459.013 Penalty for violations.—

(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) The practice of osteopathic medicine, or an attempt to practice osteopathic medicine, without an active license or certificate issued pursuant to this chapter.

(b) The practice of osteopathic medicine by a person holding a limited license, osteopathic faculty certificate, or other certificate issued under this chapter beyond the scope of practice authorized for such licensee or certificateholder.

(d) Attempting to obtain or obtaining a position as an osteopathic medical practitioner or osteopathic medical resident in a clinic or hospital through knowing misrepresentation of education, training, or experience.

(e) Knowingly operating, owning, or managing a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 459.0137(1).

(f) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of s. 465.0276.

(2) Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:

(a) Knowingly concealing information relating to violations of this chapter.

(b) Making any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.

(c) The practice of medicine as a resident or intern without holding a valid current registration pursuant to s. 459.021.

(d) Knowingly prescribing or dispensing, or causing to be prescribed or dispensed, controlled substances in a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 459.0137(1).

(3) Each of the following constitutes a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083:

(a) Fraudulently altering, defacing, or falsifying any records relating to patient care or treatment, including, but not limited to, patient histories, examination results, and test results.

(b) Referring any patient, for health care goods or services, to any partnership, firm, corporation, or other business entity in which the physician or the physician’s employer has an equity interest of 10 percent or more unless, prior to such referral, the physician notifies the patient of her or his financial interest and of the patient’s right to obtain such goods or services at the location of the patient’s choice. This section shall not apply to the following types of equity interest:

1. The ownership of registered securities issued by a publicly held corporation or the ownership of securities issued by a publicly held corporation, the shares of which are traded on a national exchange or the over-the-counter market;

2. A physician’s own practice, whether the physician is a sole practitioner or part of a group, when the health care good or service is prescribed or provided solely for the physician’s own patients and is provided or performed by the physician or under the physician’s supervision; or

3. An interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or is otherwise unrelated to fair market value.

(c) Paying or receiving any commission, bonus, kickback, or rebate or engaging in any split-fee arrangement in any form whatsoever with a physician, organization, agency, person, partnership, firm, corporation, or other business entity for patients referred to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The provisions of this paragraph shall not be construed to prevent a physician from receiving a fee for professional consultation services.

History.—ss. 1, 6, ch. 79-230; ss. 2, 3, ch. 81-318; s. 33, ch. 85-175; ss. 15, 27, 29, ch. 86-290; s. 2, ch. 90-254; s. 253, ch. 91-224; s. 4, ch. 91-429; s. 217, ch. 97-103; s. 49, ch. 2000-318; s. 9, ch. 2010-211; s. 8, ch. 2011-141.

F.S. 459.013 on Google Scholar

F.S. 459.013 on Casetext

Amendments to 459.013

Arrestable Offenses / Crimes under Fla. Stat. 459.013

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

S459.013 1a - HEALTH-SAFETY - PRACTICE OSTEOPATHIC MEDICINE WO ACTIVE LIC - F: T

S459.013 1b - HEALTH-SAFETY - PRACTICE BEYOND SCOPE OSTEOPATHIC LIMITED LIC - F: T

S459.013 1c - HEALTH-SAFETY - OBTAIN OSTEOPATHIC LIC BY MISREPRESENTATION - F: T

S459.013 1d - HEALTH-SAFETY - OBTAIN OSTEOPATHIC POSITION BY MISREP - F: T

S459.013 1e - HEALTH-SAFETY - OWN OPERATE NONREGISTERED PAIN CLINIC - F: T

S459.013 1f - DRUGS-HEALTH OR SAFETY - DISPENSE CONTROLLED SUBSTANCE II OR III - F: T

S459.013 2a - HEALTH-SAFETY - CONCEAL VIOLATION OSTEOPATHIC LIC LAW - M: F

S459.013 2b - HEALTH-SAFETY - MAKE FALSE OATH OSTEOPATHIC LIC LAW - M: F

S459.013 2c - HEALTH-SAFETY - OSTEOPATHIC RESIDENT/INTERN WO VALID REG - M: F

S459.013 2d - HEALTH-SAFETY - PRESCRIBE DISPENSE CONTROL SUB NONREGIS CLINIC - M: F

S459.013 3a - HEALTH-SAFETY - FALSIFY PATIENT CARE TREATMENT RECORDS - M: S

S459.013 3b - HEALTH-SAFETY - REFER PATIENT WO REQUIRED NOTICE - M: S

S459.013 3c - HEALTH-SAFETY - ILLEGAL BONUS KICKBACK FEE ARRANGEMENT - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 459.013

Total Results: 8

State v. Crumbley

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-25T00:00:00-07:00

Citation: 143 So. 3d 1059, 2014 Fla. App. LEXIS 11386, 2014 WL 3673872

Snippet: Florida Statute 459.0137(1); contrary to Chapter 459.013(l)(e), Florida Statutes, and against the peace

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Fla. | Date Filed: 2010-03-04T00:00:00-08:00

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: Vehicles § 249 at 610; 61 C.J.S. Motor Vehicles § 459 at 13. 4. Sudden Emergency. The committee recommends

1401 Brickell Associates, Ltd. v. Stinson, Lyons & Schuette, P.A.

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-15T00:00:00-08:00

Citation: 522 So. 2d 459, 13 Fla. L. Weekly 692, 1988 Fla. App. LEXIS 1050, 1988 WL 21025

Snippet: Barkdull, Hubbart, Pearson 15 March 1988 522 So. 2d 459, 13 Fla. L. Weekly 692, 1988 Fla. App. LEXIS 1050,

Ago

Court: Fla. Att'y Gen. | Date Filed: 1978-03-23T23:53:00-08:00

Snippet: schools of medicine. See ss. 459.02, 459.07(2) and 459.13, F. S. Section 459.06, F. S., requires osteopathic…as allopathic, homeopathic and eclectic. And, s. 459.13(2), F. S., provides: Osteopathic physicians

Loucks v. Adair

Court: Fla. Dist. Ct. App. | Date Filed: 1975-05-20T00:53:00-07:00

Citation: 312 So. 2d 531

Snippet: and that such immunity was not waived by § 394.459(13), Florida Statutes. In his order the learned trial…commented on appellant's contention that in § 394.459(13), Florida Statutes, the legislature has created

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-12-02T23:53:00-08:00

Snippet: allopathic, homeopathic and eclectic. However, s. 459.13, F.S., reveals that although osteopaths are of …there are duties, responsibilities, and limits: 459.13 Privileges and obligations of osteopaths. &

Appell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-06-21T00:53:00-07:00

Citation: 250 So. 2d 318

Snippet: Foster v. Thornton, 1936, 125 Fla. 699, 170 So. 459, and 13 Fla.Jur., Evidence §§ 269-279, Res Gestae. A

Florida East Coast Railway Co. v. McKinney

Court: Fla. Dist. Ct. App. | Date Filed: 1969-10-09T00:53:00-07:00

Citation: 227 So. 2d 99

Snippet: Vehicles § 249 at 610; 61 C.J.S. Motor Vehicles § 459 at 13." Instruction 4.7. In summation of the Committee