reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.079 - Disciplinary Guidelines.

456.079 Disciplinary guidelines.—
(1) Each board, or the department if there is no board, shall adopt by rule and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board, or the department if there is no board, pursuant to this chapter, the respective practice acts, and any rule of the board or department.
(2) The disciplinary guidelines shall specify a meaningful range of designated penalties based upon the severity and repetition of specific offenses, it being the legislative intent that minor violations be distinguished from those which endanger the public health, safety, or welfare; that such guidelines provide reasonable and meaningful notice to the public of likely penalties which may be imposed for proscribed conduct; and that such penalties be consistently applied by the board.
(3) A specific finding in the final order of mitigating or aggravating circumstances shall allow the board to impose a penalty other than that provided for in such guidelines. If applicable, the board, or the department if there is no board, shall adopt by rule disciplinary guidelines to designate possible mitigating and aggravating circumstances and the variation and range of penalties permitted for such circumstances.
(4) The department must review such disciplinary guidelines for compliance with the legislative intent as set forth herein to determine whether the guidelines establish a meaningful range of penalties and may also challenge such rules pursuant to s. 120.56.
(5) The administrative law judge, in recommending penalties in any recommended order, must follow the penalty guidelines established by the board or department and must state in writing the mitigating or aggravating circumstances upon which the recommended penalty is based.
History.—s. 70, ch. 97-261; s. 97, ch. 2000-160; s. 16, ch. 2001-277.
Note.—Former s. 455.627.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.081 - Publication of Information.

456.081 Publication of information.—The department and the boards shall have the authority to advise licensees periodically, through the publication of a newsletter on the department’s website, about information that the department or the board determines is of interest to the industry. The department and the boards shall maintain a website which contains copies of the newsletter; information relating to adverse incident reports without identifying the patient, practitioner, or facility in which the adverse incident occurred until 10 days after probable cause is found, at which time the name of the practitioner and facility shall become public as part of the investigative file; information about error prevention and safety strategies; and information concerning best practices. Unless otherwise prohibited by law, the department and the boards shall publish on the website a summary of final orders entered after July 1, 2001, resulting in disciplinary action, and any other information the department or the board determines is of interest to the public. In order to provide useful and timely information at minimal cost, the department and boards may consult with, and include information provided by, professional associations and national organizations.
History.—s. 44, ch. 97-261; s. 98, ch. 2000-160; ss. 15, 75, ch. 2001-277.
Note.—Former s. 455.537.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.082 - Disclosure of Confidential Information.

456.082 Disclosure of confidential information.—
(1) No officer, employee, or person under contract with the department, or any board therein, or any subject of an investigation shall convey knowledge or information to any person who is not lawfully entitled to such knowledge or information about any public meeting or public record, which at the time such knowledge or information is conveyed is exempt from the provisions of s. 119.01, s. 119.07(1), or s. 286.011.
(2) Any person who willfully violates any provision of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and may be subject to discipline pursuant to s. 456.072, and, if applicable, shall be removed from office, employment, or the contractual relationship.
(3) Any person injured as a result of a willful violation of this section shall have a civil cause of action for treble damages, reasonable attorney fees, and costs.
History.—s. 77, ch. 97-261; s. 37, ch. 98-166; s. 7, ch. 99-356; s. 188, ch. 99-397; s. 99, ch. 2000-160; s. 27, ch. 2000-318.
Note.—Former s. 455.651.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.36 - Health Care Professionals; Exemption From Disqualification From Employment or Contracting.

456.36 Health care professionals; exemption from disqualification from employment or contracting.—Any other provision of law to the contrary notwithstanding, only the appropriate regulatory board, or the department when there is no board, may grant an exemption from disqualification from employment or contracting as provided in s. 435.07 to a person under the licensing jurisdiction of that board or the department, as applicable.
History.—s. 34, ch. 2000-318.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.38 - Practitioner Registry for Disasters and Emergencies.

456.38 Practitioner registry for disasters and emergencies.—The Department of Health may include on its forms for the licensure or certification of health care practitioners, as defined in s. 456.001, who could assist the department in the event of a disaster a question asking if the practitioner would be available to provide health care services in special needs shelters or to help staff disaster medical assistance teams during times of emergency or major disaster. The names of practitioners who answer affirmatively shall be maintained by the department as a health care practitioner registry for disasters and emergencies.
History.—s. 20, ch. 2000-140.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.43 - Electronic Prescribing for Medicinal Drugs.

456.43 Electronic prescribing for medicinal drugs.—
(1) Electronic prescribing may not interfere with a patient’s freedom to choose a pharmacy.
(2) Electronic prescribing software may not use any means or permit any other person to use any means to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner or his or her agent at the point of care, including, but not limited to, means such as advertising, instant messaging, pop-up ads, and similar means triggered by or in specific response to the input, selection, or act of a prescribing practitioner or his or her agent in prescribing a certain medicinal drug or directing a patient to a certain pharmacy. For purposes of this subsection, the term:
(a) “Prescribing decision” means a prescribing practitioner’s or his or her agent’s decision to prescribe any medicinal drug.
(b) “Point of care” means the time at which a prescribing practitioner or his or her agent prescribes any medicinal drug.
(3) Electronic prescribing software may display information regarding a payor’s formulary if nothing is designed to preclude or make more difficult the selection of any particular pharmacy by a patient or the selection of a certain medicinal drug by a prescribing practitioner or his or her agent.
History.—s. 3, ch. 2006-271; s. 2, ch. 2019-112.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.51 - Consent for Pelvic Examinations.

456.51 Consent for pelvic examinations.—
(1) As used in this section, the term “pelvic examination” means a manual examination of the organs of the female reproductive system using the health care provider’s gloved hand or instrumentation. The term does not include a visual assessment, imaging, or a nondiagnostic medical or surgical procedure.
(2) A health care practitioner, a medical student, or any other student receiving training as a health care practitioner may not perform a pelvic examination on an anesthetized or unconscious patient without the written consent of the patient or the patient’s legal representative executed specific to, and expressly identifying, the pelvic examination. If the patient is conscious, informed verbal consent must be obtained for the pelvic examination in addition to any written consent obtained. Consent is not required if:
(a) A court orders performance of the pelvic examination for the collection of evidence;
(b) The pelvic examination is necessary for the provision of emergency services and care as defined in s. 395.002;
(c) The patient has an emergency medical condition as defined in s. 395.002;
(d) The pelvic examination is administered pursuant to a child protective investigation under chapter 39; or
(e) The pelvic examination is administered pursuant to a criminal investigation of an alleged violation related to child abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g); chapter 794; chapter 796; chapter 800; chapter 827; or chapter 847.
(3) A health care practitioner, a medical student, or any other student receiving training as a health care practitioner who is providing care to a pregnant woman having contractions in a facility licensed under chapter 395 need only obtain written consent from the patient to perform the initial pelvic examination. The written consent form must inform the patient that multiple pelvic examinations may be conducted during the course of her care and treatment at the facility.
History.—s. 3, ch. 2020-31; s. 1, ch. 2021-126.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.61 - Use of Free Speech by a Health Care Practitioner; Prohibition.

456.61 Use of free speech by a health care practitioner; prohibition.—
(1) A board, or the department if there is no board, may not take disciplinary action against a health care practitioner’s license or deny a license to an individual solely because the individual has spoken or written publicly about a health care service or public policy, including, but not limited to, speech through the use of a social media platform as defined in s. 501.2041, provided that the individual is not using such speech or written communication to provide medical advice or treatment to a specific patient or patients, and provided that such speech or written communication does not separately violate any other applicable law or rule.
(2) If a specialty board or other recognizing agency approved by any board within the jurisdiction of the department revokes the certification of an individual solely because the individual has spoken or written publicly about a health care service or public policy, including, but not limited to, speech through the use of a social media platform as defined in s. 501.2041, provided such individual was not providing medical advice or treatment to a specific patient and provided such speech did not separately violate any other applicable law, the board within the jurisdiction of the department may revoke its approval of such specialty board or other recognizing agency.
History.—s. 3, ch. 2023-57.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 456 - Health Professions and Occupations: General Provisions › 456.62 - Communication of Covid-19 Treatment Alternatives.

456.62 Communication of COVID-19 treatment alternatives.—
(1) A health care practitioner treating a patient diagnosed with COVID-19 shall obtain the informed consent of the patient or the patient’s legal representative before prescribing any medication for the treatment of COVID-19.
(2) To obtain informed consent, the health care practitioner must provide an explanation of alternative medications for the treatment of COVID-19 and the relative advantages, disadvantages, and risks associated with such alternative medications to the extent necessary to allow the patient or the patient’s legal representative to make a prudent decision regarding treatment.
(3) In determining which alternative medications to present to a patient for purposes of obtaining informed consent, the health care practitioner must include any medications currently authorized or approved by the United States Food and Drug Administration for the treatment of COVID-19 and use his or her best clinical judgment to identify any alternative medications that could reasonably be expected to benefit the patient.
(4) In providing such information regarding alternative medications, the health care practitioner shall take into consideration the physical state of the patient and the patient’s ability to understand the information.
(5) A health care practitioner treating a patient diagnosed with COVID-19 shall indicate on such patient’s medical record the health care practitioner’s compliance or noncompliance with this section.
(6) This section does not supersede any other provision of law regarding informed consent.
History.—s. 6, ch. 2023-43.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.101 - Legislative Intent.

457.101 Legislative intent.—The Legislature finds that the interests of the public health require the regulation of the practice of acupuncture in this state for the purpose of protecting the health, safety, and welfare of our citizens while making this healing art available to those who seek it.
History.—ss. 1, 2, ch. 80-375; ss. 2, 3, ch. 81-318; ss. 1, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429.
Note.—Former s. 468.321.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.102 - Definitions.

457.102 Definitions.—As used in this chapter:
(1) “Acupuncture” means a form of primary health care, based on traditional Chinese medical concepts and modern oriental medical techniques, that employs acupuncture diagnosis and treatment, as well as adjunctive therapies and diagnostic techniques, for the promotion, maintenance, and restoration of health and the prevention of disease. Acupuncture shall include, but not be limited to, the insertion of acupuncture needles and the application of moxibustion to specific areas of the human body and the use of electroacupuncture, Qi Gong, oriental massage, herbal therapy, dietary guidelines, and other adjunctive therapies, as defined by board rule.
(2) “Acupuncturist” means any person licensed as provided in this chapter to practice acupuncture as a primary health care provider.
(3) “Board” means the Board of Acupuncture.
(4) “License” means the document of authorization issued by the department for a person to engage in the practice of acupuncture.
(5) “Department” means the Department of Health.
(6) “Oriental medicine” means the use of acupuncture, electroacupuncture, Qi Gong, oriental massage, herbal therapy, dietary guidelines, and other adjunctive therapies.
(7) “Prescriptive rights” means the prescription, administration, and use of needles and devices, restricted devices, and prescription devices that are used in the practice of acupuncture and oriental medicine.
History.—ss. 1, 2, ch. 80-375; ss. 2, 3, ch. 81-318; s. 38, ch. 83-329; ss. 2, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 101, ch. 94-218; s. 6, ch. 97-264; s. 1, ch. 98-418; s. 90, ch. 99-397; s. 62, ch. 2000-318.
Note.—Former s. 468.322.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.103 - Board of Acupuncture; Membership; Appointment and Terms.

457.103 Board of Acupuncture; membership; appointment and terms.—
(1) The Board of Acupuncture is created within the department and shall consist of seven members, to be appointed by the Governor and confirmed by the Senate. Five members of the board must be licensed Florida acupuncturists. Two members must be laypersons who are not and who have never been acupuncturists or members of any closely related profession. Members shall be appointed for 4-year terms or for the remainder of the unexpired term of a vacancy.
(2) All provisions of chapter 456 relating to the board shall apply.
History.—ss. 39, 118, ch. 83-329; ss. 3, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 1, ch. 92-28; s. 102, ch. 94-218; s. 7, ch. 97-264; s. 40, ch. 98-166; s. 2, ch. 98-418; s. 100, ch. 2000-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.104 - Rulemaking Authority.

457.104 Rulemaking authority.—The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of this chapter conferring duties upon it.
History.—ss. 40, 118, ch. 83-329; ss. 4, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 119, ch. 98-200.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.107 - Renewal of Licenses; Continuing Education.

457.107 Renewal of licenses; continuing education.—
(1) The department shall renew a license upon receipt of the renewal application and the required fee set by the board by rule, not to exceed $500.
(2) The department shall adopt rules establishing a procedure for the biennial renewal of licenses.
(3) The board shall prescribe by rule continuing education requirements of up to 30 hours biennially as a condition for renewal of a license. All education programs that contribute to the advancement, extension, or enhancement of professional skills and knowledge related to the practice of acupuncture, whether conducted by a nonprofit or profitmaking entity, are eligible for approval. The continuing professional education requirements must be in acupuncture or oriental medicine subjects, including, but not limited to, anatomy, biological sciences, adjunctive therapies, sanitation and sterilization, emergency protocols, and diseases. The board may set a fee of up to $100 for each continuing education provider. The licensee shall retain in his or her records the certificates of completion of continuing professional education requirements. All national and state acupuncture and oriental medicine organizations and acupuncture and oriental medicine schools are approved to provide continuing professional education in accordance with this subsection.
History.—ss. 1, 2, ch. 80-375; ss. 2, 6, ch. 81-227; ss. 2, 3, ch. 81-318; s. 42, ch. 83-329; ss. 6, 13, 14, ch. 86-265; s. 3, ch. 88-205; s. 17, ch. 89-162; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 161, ch. 94-119; s. 9, ch. 97-264; s. 4, ch. 98-418; s. 64, ch. 2000-318; s. 7, ch. 2001-277; s. 16, ch. 2016-230.
Note.—Former s. 468.324.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.108 - Inactive Status; Expiration; Reactivation of Licenses.

457.108 Inactive status; expiration; reactivation of licenses.—
(1) A license that has become inactive may be reactivated under this section upon application to the department. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requirements for reactivating a license must not exceed 10 classroom hours for each year the license was inactive, in addition to completion of the number of hours required for renewal on the date the license became inactive.
(2) The board shall adopt rules relating to application procedures for inactive status, renewal of inactive licenses, and reactivation of licenses. The board shall prescribe by rule an application fee for inactive status, a renewal fee for inactive status, a delinquency fee, and a fee for the reactivation of a license. None of these fees may exceed the biennial renewal fee established by the board for an active license.
(3) The department shall not reactivate a license unless the inactive or delinquent licensee has paid any applicable biennial renewal or delinquency fee, or both, and a reactivation fee.
History.—ss. 7, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 162, ch. 94-119; s. 10, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.1085 - Infection Control.

457.1085 Infection control.—Prior to November 1, 1986, the board shall adopt rules relating to the prevention of infection, the safe disposal of any potentially infectious materials, and other requirements to protect the health, safety, and welfare of the public. Beginning October 1, 1997, all acupuncture needles that are to be used on a patient must be sterile and disposable, and each needle may be used only once.
History.—ss. 8, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429; s. 11, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.116 - Prohibited Acts; Penalty.

457.116 Prohibited acts; penalty.—
(1) A person may not:
(a) Practice acupuncture unless the person is licensed under ss. 457.101-457.118;
(b) Use, in connection with his or her name or place of business, any title or description of services which incorporates the words “acupuncture,” “acupuncturist,” “certified acupuncturist,” “licensed acupuncturist,” “oriental medical practitioner”; the letters “L.Ac.,” “R.Ac.,” “A.P.,” or “D.O.M.”; or any other words, letters, abbreviations, or insignia indicating or implying that he or she practices acupuncture unless he or she is a holder of a valid license issued pursuant to ss. 457.101-457.118;
(c) Present as his or her own the license of another;
(d) Knowingly give false or forged evidence to the board or a member thereof;
(e) Use or attempt to use a license that has been suspended, revoked, or placed on inactive or delinquent status;
(f) Employ any person who is not licensed pursuant to ss. 457.101-457.118 to engage in the practice of acupuncture; or
(g) Conceal information relating to any violation of ss. 457.101-457.118.
(2) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 80-375; ss. 2, 3, ch. 81-318; ss. 10, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 85, ch. 91-224; s. 4, ch. 91-429; s. 198, ch. 97-103; s. 13, ch. 97-264; s. 5, ch. 98-418.
Note.—Former s. 468.328.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 457 - Acupuncture › 457.118 - Effect of Chapter on Other Health Care Practices.

457.118 Effect of chapter on other health care practices.—This chapter shall not be construed to expand or limit the scope of practice authorized for any health care professional licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 466, chapter 474, or chapter 486, as such scope of practice is defined by statute or rule.
History.—ss. 1, 2, ch. 80-375; s. 335, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 6, ch. 82-172; ss. 11, 13, 14, ch. 86-265; s. 57, ch. 91-137; s. 4, ch. 91-156; s. 4, ch. 91-429.
Note.—Former s. 468.329.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.301 - Purpose.

458.301 Purpose.—The Legislature recognizes that the practice of medicine is potentially dangerous to the public if conducted by unsafe and incompetent practitioners. The Legislature finds further that it is difficult for the public to make an informed choice when selecting a physician and that the consequences of a wrong decision could seriously harm the public health and safety. The primary legislative purpose in enacting this chapter is to ensure that every physician practicing in this state meets minimum requirements for safe practice. It is the legislative intent that physicians who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state.
History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 1, 25, 26, ch. 86-245; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.303 - Provisions Not Applicable to Other Practitioners; Exceptions, Etc.

458.303 Provisions not applicable to other practitioners; exceptions, etc.—
(1) The provisions of ss. 458.301, 458.305, 458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319, 458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341, 458.343, 458.345, 458.347, and this section shall have no application to:
(a) Other duly licensed health care practitioners 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 and while acting within the scope of their military or public health responsibilities.
(d) Any person while actually serving without salary or professional fees on the resident medical staff of a hospital in this state, subject to the provisions of s. 458.321.
(e) Any person furnishing medical assistance in case of an 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 s. 458.301, s. 458.305, s. 458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s. 458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s. 458.339, s. 458.341, s. 458.343, s. 458.345, s. 458.347, or this section shall be construed to prohibit any service rendered by a registered nurse or a licensed practical nurse, if such service is rendered under the direct supervision and control of a licensed physician who provides specific direction for any service to be performed and gives final approval to all services performed. Further, nothing in this or any other chapter shall be construed to prohibit any service rendered by a medical assistant in accordance with the provisions of s. 458.3485.
History.—ss. 1, 8, ch. 79-302; s. 290, ch. 81-259; ss. 2, 3, ch. 81-318; s. 2, ch. 84-543; s. 1, ch. 84-552; s. 2, ch. 84-553; s. 9, ch. 85-196; s. 1, ch. 85-307; ss. 2, 25, 26, ch. 86-245; s. 15, ch. 88-1; s. 4, ch. 91-429; s. 14, ch. 97-264; s. 24, ch. 2016-224.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.305 - Definitions.

458.305 Definitions.—As used in this chapter:
(1) “Board” means the Board of Medicine.
(2) “Department” means the Department of Health.
(3) “Practice of medicine” means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.
(4) “Physician” means a person who is licensed to practice medicine in this state.
History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 3, 25, 26, ch. 86-245; s. 4, ch. 91-429; s. 103, ch. 94-218; s. 15, ch. 97-264.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.307 - Board of Medicine.

458.307 Board of Medicine.—
(1) There is created within the department the Board of Medicine, composed of 15 members appointed by the Governor and confirmed by the Senate.
(2) Twelve members of the board must be licensed physicians in good standing in this state who are residents of the state and who have been engaged in the active practice or teaching of medicine for at least 4 years immediately preceding their appointment. One of the physicians must be on the full-time faculty of a medical school in this state, and one of the physicians must be in private practice and on the full-time staff of a statutory teaching hospital in this state as defined in s. 408.07. At least one of the physicians must be a graduate of a foreign medical school. The remaining three members must be residents of the state who are not, and never have been, licensed health care practitioners. One member must be a health care risk manager. At least one member of the board must be 60 years of age or older.
(3) As the terms of the members expire, the Governor shall appoint successors for terms of 4 years, and such members shall serve until their successors are appointed.
(4) The board, in conjunction with the department, shall establish a disciplinary training program for board members. The program shall provide for initial and periodic training in the grounds for disciplinary action, the actions which may be taken by the board and the department, changes in relevant statutes and rules, and any relevant judicial and administrative decisions. No member of the board shall participate on probable cause panels or in disciplinary decisions of the board unless he or she has completed the disciplinary training program.
(5) During the time members are appointed to a probable cause panel, they shall attempt to complete their work on every case presented to them. In the event that consideration of a case is begun but not completed during the term of those members on the panel, they may reconvene as a probable cause panel for the purpose of completing their deliberations on that case.
(6) All provisions of chapter 456 relating to activities of the board shall apply.
History.—ss. 1, 8, ch. 79-302; s. 291, ch. 81-259; ss. 2, 3, ch. 81-318; s. 3, ch. 84-543; s. 3, ch. 84-553; s. 37, ch. 85-175; ss. 4, 25, 26, ch. 86-245; s. 10, ch. 87-172; s. 16, ch. 88-1; s. 13, ch. 88-392; s. 6, ch. 89-162; s. 4, ch. 91-429; s. 1, ch. 93-48; s. 104, ch. 94-218; s. 199, ch. 97-103; s. 16, ch. 97-264; s. 41, ch. 98-166; s. 91, ch. 99-397; s. 101, ch. 2000-160; s. 94, ch. 2018-24.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.309 - Rulemaking Authority.

458.309 Rulemaking authority.—
(1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.
(2)(a) Any rules which the board adopts relating to the classroom phase of medical education shall not apply to any person who is enrolled in the classroom phase of medical education or has graduated prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.
(b)1. Any rules which the board adopts relating to the clinical clerkship phase of medical education shall not apply to any person who is enrolled in the clinical clerkship phase of medical education prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.
2. Rules adopted by the Florida Board of Medical Examiners prior to October 1, 1986, and relating to clinical clerkships for graduates of foreign medical schools do not apply to any such graduate who:
a. Had completed a clinical clerkship prior to the effective date of the rule; or
b. Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete.
(c) Any rules which the board adopts relating to residency shall not apply to any person who has begun his or her residency prior to or at the time the rule becomes effective, so long as such person does not interrupt the residency.
History.—ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; ss. 5, 22, 25, 26, ch. 86-245; s. 4, ch. 91-429; s. 200, ch. 97-103; s. 120, ch. 98-200; s. 92, ch. 99-397; s. 3, ch. 2009-198; s. 3, ch. 2010-211; s. 94, ch. 2012-184; s. 2, ch. 2019-130.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.310 - Restricted Licenses.

458.310 Restricted licenses.—
(1) It is the intent of the Legislature to provide medical services to all the residents of this state at an affordable cost.
(2) The Board of Medicine may, by rule, develop criteria and, without examination, issue restricted licenses annually to up to 100 persons to practice medicine in this state who:
(a) Meet the requirements of s. 458.311;
(b) Show evidence of the active licensed practice of medicine in another jurisdiction for at least 2 years of the immediately preceding 4 years, or completion of board-approved postgraduate training within the year preceding the filing of an application; and
(c) Enter into a contract to practice for a period of 24 months solely in the employ of the state or a federally funded community health center or migrant health center, at the current salary level for that position. The Board of Medicine shall designate areas of critical need in the state where these restricted licensees may practice.
(3) Before the end of the 24-month practice period, the physician must take and successfully complete the licensure examination.
(4) If the restricted licensee breaches the terms of the employment contract, he or she may not be licensed as a physician in this state under any licensing provisions.
History.—s. 50, ch. 92-149; s. 201, ch. 97-103.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.3124 - Restricted License; Certain Experienced Foreign-Trained Physicians.

458.3124 Restricted license; certain experienced foreign-trained physicians.—
(1) A person who was trained in a medical school that is listed in the World Directory of Medical Schools published by the World Health Organization and is located in a country other than the United States, Canada, or Puerto Rico may apply to take Step III of the United States Medical Licensing Examination, if the person:
(a) Legally practiced medicine for at least 5 years in the country in which the school is located;
(b) Has passed Steps I and II of the United States Medical Licensing Examination;
(c) Is certified by the Educational Commission for Foreign Medical Graduates as qualified for a restricted license to practice medicine;
(d) Is not subject to discipline, investigation, or prosecution in any jurisdiction for acts that threaten the public health, safety, or welfare or violate chapter 456 or this chapter; and
(e) Has been a resident of this state since July 1, 1996.
(2) A person applying for licensure under this section must submit to the Department of Health on or before December 31, 2000:
(a) A completed application and documentation required by the Board of Medicine to prove compliance with subsection (1); and
(b) A nonrefundable application fee not to exceed $500 and a nonrefundable examination fee not to exceed $300 plus the actual cost to purchase and administer the examination.
(3) A person applying under this section may take the examination a maximum of 5 times within 5 years.
(4) A restricted licensee under this section must practice under the supervision of a licensee approved by the board, with the first year of licensure under direct supervision and the second year in community service under indirect supervision, including practicing with organizations that serve indigent populations, such as s. 501(c)(3) agencies, public health units, prisons, or other organizations approved by the board.
(5) Notwithstanding s. 458.311(1)(f), a person who successfully meets the requirements of this section and who successfully passes Step III of the United States Medical Licensing Examination is eligible for full licensure as a physician.
(6) The board shall adopt rules to implement this section.
History.—s. 110, ch. 97-261; s. 214, ch. 97-264; s. 44, ch. 98-166; s. 17, ch. 99-332; s. 185, ch. 99-397; s. 103, ch. 2000-160.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.3147 - Medical School Eligibility of Military Academy Students or Graduates.

458.3147 Medical school eligibility of military academy students or graduates.—Any Florida resident who is a student at or a graduate of any of the United States military academies who has command approval to apply to medical school prior to assignment to the medical corps of the United States military shall be admitted to any medical school in the State University System. Each medical school in the State University System shall admit two such applicants each academic year.
History.—s. 146, ch. 2001-277.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.316 - Public Health Certificate.

458.316 Public health certificate.—
(1) Any person desiring to obtain a public health certificate shall submit an application fee not to exceed $300 and shall demonstrate to the board that he or she is a graduate of an accredited medical school and holds a master of public health degree or is board eligible or certified in public health or preventive medicine, or is licensed to practice medicine without restriction in another jurisdiction in the United States and holds a master of public health degree or is board eligible or certified in public health or preventive medicine, and shall meet the requirements in s. 458.311(1)(a)-(g) and (5).
(2) Such certificate shall be issued pursuant to the following conditions:
(a) The certificate shall authorize the holder to practice only in conjunction with his or her employment duties with the Department of Health and shall automatically expire when the holder’s relationship with the department is terminated.
(b) The certificate is subject to biennial renewal and shall be renewable only if the State Surgeon General recommends in writing that the certificate be renewed.
History.—s. 6, ch. 81-239; s. 10, ch. 83-177; s. 1, ch. 85-65; ss. 10, 25, 26, ch. 86-245; s. 21, ch. 89-162; s. 9, ch. 89-374; s. 4, ch. 91-429; s. 203, ch. 97-103; ss. 72, 149, ch. 97-237; s. 25, ch. 97-273; s. 71, ch. 2008-6.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.3165 - Public Psychiatry Certificate.

458.3165 Public psychiatry certificate.—The board shall issue a public psychiatry certificate to an individual who remits an application fee not to exceed $300, as set by the board, who is a board-certified psychiatrist, who is licensed to practice medicine without restriction in another state, and who meets the requirements in s. 458.311(1)(a)-(g) and (5). A recipient of a public psychiatry certificate may use the certificate to work at any public mental health facility or program funded in part or entirely by state funds.
(1) Such certificate shall:
(a) Authorize the holder to practice only in a public mental health facility or program funded in part or entirely by state funds.
(b) Be issued and renewable biennially if the State Surgeon General and the chair of the department of psychiatry at one of the public medical schools or the chair of the department of psychiatry at the accredited medical school at the University of Miami recommend in writing that the certificate be issued or renewed.
(c) Automatically expire if the holder’s relationship with a public mental health facility or program expires.
(d) Not be issued to a person who has been adjudged unqualified or guilty of any of the prohibited acts in this chapter.
(2) The board may take disciplinary action against a certificateholder for noncompliance with any part of this section or for any reason for which a regular licensee may be subject to discipline.
History.—ss. 11, 26, ch. 86-245; s. 20, ch. 88-1; s. 22, ch. 89-162; s. 10, ch. 89-374; s. 4, ch. 91-429; s. 204, ch. 97-103; s. 150, ch. 97-237; s. 26, ch. 97-273; s. 221, ch. 99-8; s. 97, ch. 99-397; s. 72, ch. 2008-6.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.3175 - Expert Witness Certificate.

458.3175 Expert witness certificate.—
(1)(a) The department shall issue a certificate authorizing a physician who holds an active and valid license to practice medicine in another state or a province of Canada to provide expert testimony in this state, if the physician submits to the department:
1. A complete registration application containing the physician’s legal name, mailing address, telephone number, business locations, the names of the jurisdictions where the physician holds an active and valid license to practice medicine, and the license number or other identifying number issued to the physician by the jurisdiction’s licensing entity; and
2. An application fee of $50.
(b) The department shall approve an application for an expert witness certificate within 10 business days after receipt of the completed application and payment of the application fee if the applicant holds an active and valid license to practice medicine in another state or a province of Canada and has not had a previous expert witness certificate revoked by the board. An application is approved by default if the department does not act upon the application within the required period. A physician must notify the department in writing of his or her intent to rely on a certificate approved by default.
(c) An expert witness certificate is valid for 2 years after the date of issuance.
(2) An expert witness certificate authorizes the physician to whom the certificate is issued to do only the following:
(a) Provide a verified written medical expert opinion as provided in s. 766.203.
(b) Provide expert testimony about the prevailing professional standard of care in connection with medical negligence litigation pending in this state against a physician licensed under this chapter or chapter 459.
(c) Provide expert testimony in criminal child abuse and neglect cases pursuant to chapter 827, dependency cases pursuant to chapter 39, and cases involving sexual battery of a child pursuant to chapter 794 in this state.
(3) An expert witness certificate does not authorize a physician to engage in the practice of medicine as defined in s. 458.305. A physician issued a certificate under this section who does not otherwise practice medicine in this state is not required to obtain a license under this chapter or pay any license fees, including, but not limited to, a neurological injury compensation assessment. An expert witness certificate shall be treated as a license in any disciplinary action, and the holder of an expert witness certificate shall be subject to discipline by the board.
History.—s. 1, ch. 2011-233; s. 3, ch. 2015-177; s. 3, ch. 2017-153.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.3191 - Physician Survey.

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458.3191 Physician survey.—
(1) Each person who applies for licensure renewal as a physician under this chapter or chapter 459 must, in conjunction with the renewal of such license under procedures adopted by the Department of Health and in addition to any other information that may be required from the applicant, furnish the following to the Department of Health in a physician survey:
(a) Licensee information, including, but not limited to:
1. Frequency and geographic location of practice within the state.
2. Practice setting.
3. Percentage of time spent in direct patient care.
4. Anticipated change to license or practice status.
5. Areas of specialty or certification.
(b) Availability and trends relating to critically needed services, including, but not limited to:
1. Obstetric care and services, including incidents of deliveries.
2. Radiological services, particularly performance of mammograms and breast-imaging services.
3. Physician services for hospital emergency departments and trauma centers, including on-call hours.
4. Other critically needed specialty areas, as determined by the department.
(2) Such information furnished must include a statement submitted by the physician that the information provided is true and accurate to the best of his or her knowledge and the submission does not contain any knowingly false information.
(3)(a) The Department of Health shall issue a nondisciplinary citation to any physician licensed under this chapter or chapter 459 who fails to complete the survey within 90 days after the renewal of his or her license to practice as a physician.
(b) The citation must notify a physician who fails to complete the survey required by this section that his or her license will not be renewed for any subsequent license renewal unless the physician completes the survey.
(c) In conjunction with issuing the license renewal notice required by s. 456.038, the Department of Health shall notify each physician licensed under this chapter or chapter 459 who has failed to complete the survey at the licensee’s last known address of record with the Department of Health of the requirement that the physician survey be completed prior to the subsequent license renewal. At any subsequent license renewal, the Department of Health may not renew the license of any physician licensed under this chapter or chapter 459 until the survey required under this section is completed by the licensee.
(4) The Department of Health shall adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to implement this section.
History.—s. 2, ch. 2007-172.
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Note.—Also published at s. 459.0081.
2023 Florida Statutes › Title XXXII - Regulation of Professions and Occupations › Chapter 458 - Medical Practice › 458.3192 - Analysis of Survey Results; Report.

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458.3192 Analysis of survey results; report.—
(1) Each year, the Department of Health shall analyze the results of the physician survey required by s. 458.3191 and determine by geographic area and specialty the number of physicians who:
(a) Perform deliveries of children in this state.
(b) Read mammograms and perform breast-imaging-guided procedures in this state.
(c) Perform emergency care on an on-call basis for a hospital emergency department.
(d) Plan to reduce or increase emergency on-call hours in a hospital emergency department.
(e) Plan to relocate outside the state.
(f) Practice medicine in this state.
(g) Plan to reduce or modify the scope of their practice.
(2) The Department of Health must report its findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives by November 1 each year. The department shall also include in its report findings, recommendations, and strategic planning activities as provided in s. 381.4018. The department may also include other information requested by the Physician Workforce Advisory Council.
History.—s. 3, ch. 2007-172; s. 30, ch. 2010-161.
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Note.—Also published at s. 459.0082.