CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 5453, 1995 WL 307029
...0.401, Florida Statutes (1993). The legislature delegated to the Board of Chiropractic the authority “to make such rules not inconsistent with law as are necessary to carry out the duties and authority conferred upon the board by [Chapter 460].” Section 460.405, Florida Statutes (1993)....
...ly prudent similar health care provider as being *1053 acceptable under similar conditions and circumstances.” Section
460.403(6), Florida Statutes (1993). If otherwise valid, the challenged rule does not exceed its grant of rule-making authority. Section
460.405 grants the authority to make such rules not inconsistent with law as are required to carry out the duties and authority conferred upon the board by chapter 460....
...Section 460.4104(9)(a) thus mandates the exclusive reliance upon rule-making, as opposed to development of statutory standards by ad hoc litigation, for establishing criteria or standards for peer review. The board’s rule-making authority remains, therefore, the broad grant provided by section 460.405. We therefore reject Merritt's contention that section 460.4104 specifically limits the general broad grant of rule-making authority provided by section 460.405....
