Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 458.305 | Lawyer Caselaw & Research
F.S. 458.305 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 458.305

The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 458
MEDICAL PRACTICE
View Entire Chapter
F.S. 458.305
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.

F.S. 458.305 on Google Scholar

F.S. 458.305 on Casetext

Amendments to 458.305


Arrestable Offenses / Crimes under Fla. Stat. 458.305
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.305.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BENJAMIN, v. TANDEM HEALTHCARE, INC., 998 So. 2d 566 (Fla. 2008)

. . . Stat. (2004) (stating Legislative intent as to chapter 458); § 458.305, Fla. . . .

HOROWITZ, v. PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP,, 959 So. 2d 176 (Fla. 2007)

. . . See § 458.305(2), Fla. Stat. (2006). . . . .

Dr. FULLERTON, v. FLORIDA MEDICAL ASSOCIATION, INC. Dr. B. Dr. Dr. O., 938 So. 2d 587 (Fla. Dist. Ct. App. 2006)

. . . more evident when one considers the provisions of section 766.101 in connection with those of section 458.305 . . .

Dr. FULLERTON, v. FLORIDA MEDICAL ASSOCIATION, INC. Dr. B. Dr. Dr. O., 973 So. 2d 1144 (Fla. Dist. Ct. App. 2006)

. . . more evident when one considers the provisions of section 766.101 in connection with those of section 458.305 . . .

SPUZA, M. D. v. DEPARTMENT OF HEALTH, 838 So. 2d 676 (Fla. Dist. Ct. App. 2003)

. . . See § 458.305(3) (defining the practice of medicine to mean “the diagnosis, treatment, operation, or . . .

OCAMPO, M. D. v. DEPARTMENT OF HEALTH,, 806 So. 2d 633 (Fla. Dist. Ct. App. 2002)

. . . Section 458.305(3), Florida Statutes (1999), defines the practice of medicine as “the diagnosis, treatment . . . federal government, which is not included in Florida’s definition of the “practice of medicine.” § 458.305 . . .

STROHM, v. HERTZ CORPORATION HERTZ CLAIM MANAGEMENT,, 685 So. 2d 37 (Fla. Dist. Ct. App. 1996)

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

FLORIDA NUTRITION COUNSELORS ASSOCIATION, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF MEDICINE, DIETETICS AND NUTRITION PRACTICE COUNCIL,, 667 So. 2d 218 (Fla. Dist. Ct. App. 1995)

. . . Because the quoted terminology is identical to the definition of “Practice of medicine” in section 458.305 . . .

E. CLAIR, v. GLADES COUNTY BOARD OF COMMISSIONERS, 649 So. 2d 224 (Fla. 1995)

. . . . § 458.305, Fla.Stat. (1993). . . .

E. CLAIR, v. GLADES COUNTY BOARD OF COMMISSIONERS, 635 So. 2d 84 (Fla. Dist. Ct. App. 1994)

. . . . § 458.305, Fla.Stat. (1993). . . .

M. ELMARIAH, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 574 So. 2d 164 (Fla. Dist. Ct. App. 1990)

. . . .” § 458.305(3), Fla.Stat. (1983). . . .

ALLSTATE INSURANCE COMPANY, v. GARRETT,, 550 So. 2d 22 (Fla. Dist. Ct. App. 1989)

. . . Section 458.305(4) ■ defines "physician” as a person licensed to practice medicine. . . .

I. SABASTIER, v. STATE, 504 So. 2d 45 (Fla. Dist. Ct. App. 1987)

. . . The evidence clearly establishes that he was practicing medicine as defined in section 458.305(3), Florida . . .

STATE v. COUNTS,, 457 So. 2d 568 (Fla. Dist. Ct. App. 1984)

. . . . § 458.305, Fla.Stat. (1981). . . .

J. BARKER, v. BOARD OF MEDICAL EXAMINERS, DEPARTMENT OF PROFESSIONAL REGULATION,, 428 So. 2d 720 (Fla. Dist. Ct. App. 1983)

. . . For example, Section 458.305(3), Florida Statutes (1979), defines the practice of medicine as “the diagnosis . . . while defining the practice of osteopathic medicine in the same terms as those provided in section 458.305 . . . Although a physician is defined as “a person who is licensed to practice medicine in this state,” Section 458.305 . . .

FLORIDA MEDICAL ASSOCIATION, INC. W. Jr. J. v. DEPARTMENT OF PROFESSIONAL REGULATION, A. O. D. D. O. D., 426 So. 2d 1112 (Fla. Dist. Ct. App. 1983)

. . . drugs generally, under Section 459.003(3), Florida Statutes (1981), as do physicians under Section 458.305 . . .