(1) Each of the following acts constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(a) The practice of medicine or an attempt to practice medicine without a license to practice in Florida.
(b) The use or attempted use of a license which is suspended or revoked to practice medicine.
(c) Attempting to obtain or obtaining a license to practice medicine by knowing misrepresentation.
(d) Attempting to obtain or obtaining a position as a medical practitioner or medical resident in a clinic or hospital through knowing misrepresentation of education, training, or experience.
(e) Knowingly operating, owning, or managing a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 458.3265(1).
(f) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of s. 465.0276.
(2) Each of the following acts constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:
(a) Knowingly concealing information relating to violations of this chapter.
(b) Making any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter.
(c) Referring any patient, for health care goods or services, to a partnership, firm, corporation, or other business entity in which the physician or the physician’s employer has an equity interest of 10 percent or more unless, prior to such referral, the physician notifies the patient of his or her financial interest and of the patient’s right to obtain such goods or services at the location of the patient’s choice. This section does not apply to the following types of equity interest:
1. The ownership of registered securities issued by a publicly held corporation or the ownership of securities issued by a publicly held corporation, the shares of which are traded on a national exchange or the over-the-counter market;
2. A physician’s own practice, whether he or she is a sole practitioner or part of a group, when the health care good or service is prescribed or provided solely for the physician’s own patients and is provided or performed by the physician or under the physician’s supervision; or
3. An interest in real property resulting in a landlord-tenant relationship between the physician and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or is otherwise unrelated to fair market value.
(d) Leading the public to believe that one is licensed as a medical doctor, or is engaged in the licensed practice of medicine, without holding a valid, active license.
(e) Practicing medicine or attempting to practice medicine with an inactive or delinquent license.
(f) Knowingly prescribing or dispensing, or causing to be prescribed or dispensed, controlled substances in a nonregistered pain-management clinic that is required to be registered with the Department of Health pursuant to s. 458.3265(1).
Cited 22 times | Published | Florida 1st District Court of Appeal
...hin the "practice of medicine," which the legislature has declared to be the exclusive domain of physicians licensed under Chapter 458 [14] . The practice of medicine or attempt to practice medicine without a license is a felony of the third degree. Section 458.327 (Florida Statutes)....
Cited 14 times | Published | Florida 1st District Court of Appeal | 1990 WL 129106
...ice of medicine," which the legislature has declared to be the exclusive domain of physicians licensed under Chapter 458. [footnote omitted]. The practice of medicine or attempt to practice medicine without a license is a felony of the third degree. Section 458.327 (Florida Statutes)....
Cited 13 times | Published | Florida 3rd District Court of Appeal | 1987 WL 3386
...ring Officer as found by the Hearing Officer. Patients were endangered by the fact that unlicensed persons, persons who had not established their ability to practice medicine with skill and safety, were practicing medicine, which is a felony. See section 458.327, Florida Statutes....
...rs of continuing medical education requirements. On October 14, 1991, the Florida Department of Professional Regulation filed an administrative complaint regarding Appellant's practice of medicine without an active license in violation of FLA. STAT. § 458.327(1)(a)....
Cited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 15 Fla. L. Weekly Fed. B 128, 2002 Bankr. LEXIS 237, 39 Bankr. Ct. Dec. (CRR) 74
...On October 14, 1991, the Department of Professional Regulation filed an administrative complaint regarding Dr. Hanft's practice of medicine with an inactive license. The administrative complaint charged Dr. Hanft with practicing without an active license in violation of F.S. § 458.327(1)(a)....
...lony. The charged
1The State also charged Ronald York, the owner of Harbour Medical
Group, with violating section 458.3265. Mr. York is deceased.
2Section 458.3265 requires the registration of pain management clinics.
Section 458.327(1)(e) criminalizes the knowing operation, ownership, or management
of a nonregistered clinic.
-2-
conduct occurred "on or between" October 14, 2010, and December 13, 2011....
Published | United States Bankruptcy Court, S.D. Florida.
...The purpose of Chapter 458 is to ensure the safety of the citizens who seek care from those licensed to practice medicine in the state of Florida. Fla. Stat. § 458.31 . The law provides for penalties for failure to comply with the various provisions of Chapter 458. Fla. Stat. § 458.327 ....
...100,000.00 per claim with a minimum aggregate available amount of $300,000.00. Section 458.320(l)(c), Fla. Stat., requires disclosure by the physician to the patient. It is a misdemeanor for any physician to conceal information or violate Fla. Stat. § 458.327 (2)(a)....
...However, the trial court erroneously convicted and sentenced him on Count XXXVI. We therefore quash the conviction and sentence as to this count. In all other respects the convictions and sentences are affirmed. *18 AFFIRMED IN PART, QUASHED IN PART. DAUKSCH, COBB and SHARP, JJ., concur. . § 458.327(1)(a), Fla.Stat....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
