CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2001 WL 1001247
...t Dr. Silcox is not licensed under chapter 458. We conclude, however, that Dr. Silcox is exempt from the licensing provisions in chapter 458 because he is licensed in Georgia and, in performing the IME, he acted within the scope of his practice. See § 458.303(1)(a), (b), Fla....
...440.13(1)(r), Florida Statutes (1999). Dr. Silcox is not licensed under chapter 458, and the fact that he is a licensed physician in the state of Georgia does not authorize him to act as an independent medical examiner in Florida, the provisions of section 458.303(1)(a) and (b), Florida Statutes (1999), [1] notwithstanding....
...e in this state without a Florida license is when such physician is acting in consultation with a licensed Florida physician. This is underscored by Florida Administrative Code Rule 64B8-2.001(8), which provides: "The term `consultation,' as used in Section
458.303(1)(b), Florida Statutes, encompasses the actions of a physician lawfully licensed in another state, territory or foreign country." Subsection (1)(b) can hardly be deemed relevant to requests for independent medical examinations, designed to resolve "disputes" between authorized health care providers. Even if it could arguably be said that sections
440.13(1)(j) and (r), and
458.303(1)(a) and (b), read in pari materia, are ambiguous, thereby requiring resort to extrinsic aids, another long-standing rule of construction recognizes that a special statute covering a particular subject controls over a general statutory provision covering the same or other subjects in *158 general terms....
...iner, it could have clearly expressed its purpose. Because it has not, and in fact its intent appears to be otherwise stated, I would reverse the order admitting the testimony of Dr. Silcox and remand the cause for further proceedings. [3] NOTES [1] Section 458.303(1) exempts from many of the provisions of chapter 458: "(a) Other duly licensed health care practitioners acting within their scope of practice authorized by statute"; and "(b) Any physician lawfully licensed in another state or terri...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1621440
...M.D. or D.O. anesthesiologist present to supervise the administration of anesthesia. He argues that the *403 Board exceeded its delegated grant of authority when promulgating the rule, and the rule contravenes a specific statutory prohibition under section 458.303(2), Florida Statutes (2002)....
...The Legislature created the Board of Medicine to regulate physicians. See §
458.307, Fla. Stat. (2002). It conferred rulemaking authority on the Board "to implement the provisions of this chapter conferring duties upon it." See §
458.309(1), Fla. Stat. (2002). However, in section
458.303(2), the Legislature limited the Board's rulemaking function as follows: ......
...The appellate court reviews the issue of whether an agency has exceeded its rulemaking authority de novo. See Fla. Acad. of Cosmetic Surgery,
808 So.2d at 253 (citation omitted). Appellant contends that the Board's rule exceeded its authority because the provisions contained in section
458.303 limit the Board's rulemaking authority as provided in section
458.331. The Board cited sections
458.309(1) and
458.331(1)(v) as specific authority for adopting the rule. See Fla. Admin. Code R. 64B8-9.009. The issue presented is whether the provisions of section
458.303 limit the Board's ability under section
458.331 to promulgate this rule....
...nd other subjects in general terms."); Seven Seas Frozen Prods. v. Fast Frozen Foods,
43 So.2d 181, 182 (Fla.1949) (same)). These principles require that the grant of rulemaking authority contained in section
458.331(1)(v) be construed together with section
458.303. Otherwise, specific legislative directives could be eliminated through the Board's exercise of its rulemaking authority. By specific reference in section
458.303(2) to both section
458.309 containing the general grant of rulemaking authority, and section
458.331, the Legislature has circumscribed the Board's rulemaking authority....
...The Board has rulemaking authority to develop standards of practice for particular practice settings. These standards provide notice to the physicians in those practice settings as to what acts constitute practice beyond the scope permitted by law. However, section
458.303(2) specifically limits the reach of section
458.331. Pursuant to
458.303(2), the grant of rulemaking authority under section
458.309 and section
458.331 cannot 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." Thus, under sections
458.331 and
458.303(2), so long as a licensed physician has direct supervision and control over the registered nurse, the fact that services are provided by that nurse cannot be a ground for discipline of the physician, and no rules can prohibit such services by a registered nurse....
...ted a practice standard that precludes the provision of anesthesia in all level III outpatient surgeries by a CRNA supervised by the surgeon. The rule requires that anesthesia be administered only under the direct supervision of an anesthesiologist. Section 458.303(2) specifically prohibits the use of rulemaking authority for this purpose....
...While the Board says that its rule does not control the actions of CRNAs, it has done indirectly what it cannot do directly. Instead of simply prohibiting CRNAs from administering anesthesia under the supervision of the surgeon, the Board provides grounds for disciplining the surgeon if he supervises the CRNA. Either way, section
458.303(2) prevents the use of rulemaking authority for this purpose. The rule is also invalid under section
120.52(8)(c) because it modifies the terms of the specific provisions of the law implemented. Again, the specific limitations contained in section
458.303(2) must be construed together with the grant of authority in section
458.331. Section
458.303(2) prevents the use of the rulemaking authority to prohibit the provision of services by a registered nurse when supervised by a "licensed physician." The effect of the Board's rule is to modify the statute to apply in level III offic...
...Similarly, in this case, by limiting the services a registered nurse may provide when supervised by a licensed physician, the Board also modified the statute it was attempting to implement by adding a restriction not included by the Legislature. The Board argues that section 458.303(2) does not apply to CRNAs because the statute refers only to "registered nurses." This argument is without merit....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 2207, 1989 Fla. App. LEXIS 5150, 1989 WL 109519
...eged professional violations occurring while appellant was serving with the United States Army. Appellant seeks to prohibit the Board from proceeding further on grounds that the Board is without jurisdiction due to lack of statutory authority. Under Section 458.303, Florida Statutes (1987), several classes of individuals are exempt from the Board’s otherwise broad regulatory powers. One of those classes is “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.” § 458.303(l)(c), Fla....
...nable, or in conflict with some provision of the State’s Constitution or the plain intent of the statute. Palm Beach Junior College v. United Faculty, etc.,
425 So.2d 133 (Fla. 1st DCA 1982), modified,
475 So.2d 1221 (Fla.1985). We do not construe Section
458.303(l)(c), Florida Statutes (1987), to preclude the Board from initiating disciplinary action for conduct occurring during military service, once that military service has come to an end....
CopyPublished | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1314, 1988 Fla. App. LEXIS 2193, 1988 WL 53057
...Lujan practiced medicine without a license while working as a teaching fellow at the University of Miami Medical School — the sole basis for rejecting Dr. Lujan’s application — because his practice under this fellowship was entirely authorized by a medical faculty certificate issued by the Board to Dr. Lujan. See § 458.303(1)(i), Fla.Stat....
...h the Board of Medicine accepted. Howard Johnson Co. v. Kilpatrick,
501 So.2d 59 (Fla. 1st DCA 1987); Tuveson v. Florida Governor’s Council On Indian Affairs, Inc.,
495 So.2d 790, 793 (Fla. 1st DCA 1986), rev. denied,
504 So.2d 767 (Fla.1987); see §
458.303(1)(i), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8934, 2010 WL 2472489
...sicians licensed in other jurisdictions. For example, section
465.003(13), Florida Statutes (2003) refers to health care providers specifically licensed under certain Florida Statutes "or [a] similar statutory provision in another jurisdiction"; and section
458.303(1)(b), Florida Statutes (2003), refers to "[a]ny physician lawfully licensed in another state or territory or foreign country." Had the legislature intended to broaden the scope *391 of "health care provider" in chapter 766, to apply to out-of-state physicians, it could have used such language....
