CopyCited 38 times | Published | Florida 1st District Court of Appeal
...Nelson,
424 So.2d 852 (Fla. 1st DCA 1982); Department of Health and Rehabilitative Services v. Framat Realty, Inc.,
407 So.2d 238 (Fla. 1st DCA 1981). In the instant case the Board is authorized to adopt rules under the general authority conferred upon it by Section
458.309, Florida Statutes, and the specific authority of Section
458.313(4), Florida Statutes....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2004 WL 1621440
...Chapter 458 governs the practice of medicine in the state. 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: ... Nothing in ... s.
458.309 or s....
...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....
...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....
...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 s...
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 15181, 2000 WL 1724972
...Catherine Lannon, Assistant Attorney General, and John J. Rimes, III, Assistant Attorney General, Tallahassee, for respondent. PER CURIAM. The petition for writ of mandamus is granted. Respondent is directed to approve petitioner's application for approval as an accrediting body pursuant to section 458.309(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 3674, 1993 WL 96765
...care in Florida concerning a surgeon’s pre-opera-tive and post-operative care responsibilities in the proposed rule, in order to put physicians on notice of, and to remind them of, that existing standard of care. Noting the rulemaking authority of section
458.309, Florida Statutes, he found that the weight of the evidence did not show the proposed rule to be inconsistent with existing law, including sections
458.331(l)(t) and (w), 2 or that the rule was not necessary to carry out the Board’s...
