Florida/Georgia Personal Injury & Workers Compensation

...(1967), F.S.A., is to protect from harm the eyes of all people in Florida... ." [14] Osteopathic physicians apparently have the same statutory authorization to prescribe drugs generally, under Section 459.003(3), Florida Statutes (1981), as do physicians under Section 458.305(3).

...We need not decide whether this alternative theory is applicable because we conclude, based on our analysis below, that section 458.320 does not impose a statutory duty on hospitals to ensure the financial competence of staff-privileged physicians. [7] See § 458.305(2), Fla....

...ventional proof. The statutory policy, or legislative facts, recited in the hearing officer's recommended order, convincingly displays the legislative intent that the two professions have separate disciplines and educational requisites. For example, Section 458.305(3), Florida Statutes (1979), defines the practice of medicine as "the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition." On the other hand, Section 459.003(3), Florida Statutes (1979), while defining the practice of osteopathic medicine in the same terms as those provided in section 458.305(3), continues with the following language: "[W]hich practice is based in part upon educational standards and requirements which emphasize the importance of the musculoskeletal structure and manipulative therapy in the maintenance and...

...ther things, submit proof that he is "a graduate of a college of osteopathic medicine recognized and approved by the American Osteopathic Association." Although a physician is defined as "a person who is licensed to practice medicine in this state," Section 458.305(4), Florida Statutes (1979), an osteopathic physician is defined as one "who is licensed to practice osteopathic medicine in this state." Section 459.003(4), Florida Statutes (1979)....

...1998). A physician who renders a medical service is ordinarily considered to be providing medical care to his or her patient. This conclusion becomes even more evident when one considers the provisions of section 766.101 in connection with those of section 458.305(3), Florida Statutes (2003), which defines the practice of medicine as the "diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition." Based upon our examin...

...tions in the practice of medicine." Throughout chapter 458, the phrase "practice of medicine" is defined as "the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition." § 458.305(3), Fla....

...Section 120.52(9), Florida Statutes (1999), defines a license as a "franchise, permit, certification, registration, charter, or similar form of authorization required by law, but it does not include a license required primarily for revenue purposes when issuance of the license is merely a ministerial act." Section 458.305(3), Florida Statutes (1999), defines the practice of medicine as "the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition." This Court has generally ad...

...First, DOH does not dispute that the only privilege taken away from Ocampo by his exclusion from federal health care programs is the entitlement to bill the federal government, which is not included in Florida's definition of the "practice of medicine." § 458.305(3), Fla....

...We adopt the following analysis of Judge Kahn in support of our conclusion. A medical doctor in Florida is authorized to diagnose, treat, operate, or prescribe for any human disease, pain, injury, deformity, or other physical or mental condition (e.s.). § 458.305, Fla....

...s, or podiatrists, it is not novel. As the supreme court in Clair noted, the scope of practice of chiropractors is far more specifically delineated by Florida law than the range of practice allowed for the other classes of health care providers. See § 458.305, Fla.Stat....

...(2004) (describing the intent of the Legislature in chapter 395). Chapters 458, 459, and 461 address licensing of physicians, osteopathic physicians, and podiatric physicians, respectively. See, e.g., § 458.301, Fla. Stat. (2004) (stating Legislative intent as to chapter 458); § 458.305, Fla....

...ility to practice medicine." See § 458.331(1)(c). While the certified copy of the conviction certainly established that Spuza was found guilty of crimes, it did not, in itself, establish that the crimes were related to the practice of medicine. See § 458.305(3) (defining the practice of medicine to mean "the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition")....

...ertinent to the treatment being rendered. Reversed and remanded. FRANK and PATTERSON, JJ., concur. NOTES [1] The term "physician" is not defined in chapter 627, except in section 627.6498, and the definition there does not include chiropractors. [2] Section 458.305(4) defines "physician" as a person licensed to practice medicine....

...tes regulating Florida physicians and referenced by the majority at 86. A medical doctor in Florida is authorized to diagnose, treat, operate, or prescribe for any human disease, pain, injury, deformity, or other physical or mental condition (e.s.). § 458.305, Fla....

...Merriam-Webster's Collegiate Dictionary 990 (10th ed.1998). A physician who renders a medical service is ordinarily considered to be providing medical care to his or her patient. This conclusion becomes even more evident when one considers the provisions of section 766.101 in connection with those of section 458.305(3), Florida Statutes (2003), which defines the practice of medicine as the "diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition." Based upon our examin...

...401.47 who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof or the presence of controlled substances therein. . § 458.305, Fla.Stat....

...§ 766.102(5)(a), Fla. Stat. Dr. Shure does not meet these statutory qualifications. First, he was not regularly engaged in the practice of his profession— medicine—as required by section 766.202(6). While Chapter 766 provides no definition for the term, section 458.305 defines “[p]ractice of medicine” as “the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other physical or mental condition.” § 458.305(3), Fla....

...We agree with the trial court that homeopathy cannot be practiced without a license and affirm. The appellant argues that he does not come within the purview of Chapter 458. We find no basis for this contention. The evidence clearly establishes that he was practicing medicine as defined in section 458.305(3), Florida Statutes (1985), and accordingly he was required to obtain a license under section 458.311....

...ot include “diagnosis, treatment, operation, or prescription” for human “disease, pain, injury, deformity, or other physical or mental condition.” Because the quoted terminology is identical to the definition of “Practice of medicine” in section 458.305(3), Florida Statutes, the order on appeal found the rule “made it clear that doing those things which constitute the practice of medicine is not nutrition counseling and might well subject the offender to discipline.” FNCA urges conflict with the statutory limitation in section 468.518(l)(j)....

regulatory scheme for `medical practice.' Section 458.305(3) defines the `practice of medicine' as: