The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.331

458.331 Grounds for disciplinary action; action by the board and department.—

(1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):

(a) Attempting to obtain, obtaining, or renewing a license to practice medicine by bribery, by fraudulent misrepresentations, or through an error of the department or the board.

(b) Having a license or the authority to practice medicine revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions. The licensing authority’s acceptance of a physician’s relinquishment of a license, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of administrative charges against the physician’s license, shall be construed as action against the physician’s license.

(c) Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of medicine or to the ability to practice medicine.

(d) False, deceptive, or misleading advertising.

(e) Failing to report to the department any person who the licensee knows is in violation of this chapter or of the rules of the department or the board. However, a person who the licensee knows is unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of a mental or physical condition, may be reported to a consultant operating an impaired practitioner program as described in s. 456.076 rather than to the department.

(f) Aiding, assisting, procuring, or advising any unlicensed person to practice medicine contrary to this chapter or to a rule of the department or the board.

(g) Failing to perform any statutory or legal obligation placed upon a licensed physician.

(h) Making or filing a report which the licensee knows to be false, intentionally or negligently failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing or inducing another person to do so. Such reports or records shall include only those which are signed in the capacity as a licensed physician.

(i) Paying or receiving any commission, bonus, kickback, or rebate, or engaging in any split-fee arrangement in any form whatsoever with a physician, organization, agency, or person, either directly or indirectly, for patients referred to providers of health care goods and services, including, but not limited to, hospitals, nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The provisions of this paragraph shall not be construed to prevent a physician from receiving a fee for professional consultation services.

(j) Exercising influence within a patient-physician relationship for purposes of engaging a patient in sexual activity. A patient shall be presumed to be incapable of giving free, full, and informed consent to sexual activity with his or her physician.

(k) Making deceptive, untrue, or fraudulent representations in or related to the practice of medicine or employing a trick or scheme in the practice of medicine.

(l) Soliciting patients, either personally or through an agent, through the use of fraud, intimidation, undue influence, or a form of overreaching or vexatious conduct. A solicitation is any communication which directly or implicitly requests an immediate oral response from the recipient.

(m) Failing to keep legible, as defined by department rule in consultation with the board, medical records that identify the licensed physician or the physician extender and supervising physician by name and professional title who is or are responsible for rendering, ordering, supervising, or billing for each diagnostic or treatment procedure and that justify the course of treatment of the patient, including, but not limited to, patient histories; examination results; test results; records of drugs prescribed, dispensed, or administered; and reports of consultations and hospitalizations.

(n) Exercising influence on the patient or client in such a manner as to exploit the patient or client for financial gain of the licensee or of a third party, which shall include, but not be limited to, the promoting or selling of services, goods, appliances, or drugs.

(o) Promoting or advertising on any prescription form of a community pharmacy unless the form shall also state “This prescription may be filled at any pharmacy of your choice.”

(p) Performing professional services which have not been duly authorized by the patient or client, or his or her legal representative, except as provided in s. 743.064, s. 766.103, or s. 768.13.

(q) Prescribing, dispensing, administering, mixing, or otherwise preparing a legend drug, including any controlled substance, other than in the course of the physician’s professional practice. For the purposes of this paragraph, it shall be legally presumed that prescribing, dispensing, administering, mixing, or otherwise preparing legend drugs, including all controlled substances, inappropriately or in excessive or inappropriate quantities is not in the best interest of the patient and is not in the course of the physician’s professional practice, without regard to his or her intent.

(r) Prescribing, dispensing, or administering any medicinal drug appearing on any schedule set forth in chapter 893 by the physician to himself or herself, except one prescribed, dispensed, or administered to the physician by another practitioner authorized to prescribe, dispense, or administer medicinal drugs.

(s) Being unable to practice medicine with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material or as a result of any mental or physical condition. In enforcing this paragraph, the department shall have, upon a finding of the State Surgeon General or the State Surgeon General’s designee that probable cause exists to believe that the licensee is unable to practice medicine because of the reasons stated in this paragraph, the authority to issue an order to compel a licensee to submit to a mental or physical examination by physicians designated by the department. If the licensee refuses to comply with such order, the department’s order directing such examination may be enforced by filing a petition for enforcement in the circuit court where the licensee resides or does business. The licensee against whom the petition is filed may not be named or identified by initials in any public court records or documents, and the proceedings shall be closed to the public. The department shall be entitled to the summary procedure provided in s. 51.011. A licensee or certificateholder affected under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate that he or she can resume the competent practice of medicine with reasonable skill and safety to patients.

(t) Notwithstanding s. 456.072(2) but as specified in s. 456.50(2):

1. Committing medical malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this paragraph. Medical malpractice shall not be construed to require more than one instance, event, or act.

2. Committing gross medical malpractice.

3. Committing repeated medical malpractice as defined in s. 456.50. A person found by the board to have committed repeated medical malpractice based on s. 456.50 may not be licensed or continue to be licensed by this state to provide health care services as a medical doctor in this state.

Nothing in this paragraph shall be construed to require that a physician be incompetent to practice medicine in order to be disciplined pursuant to this paragraph. A recommended order by an administrative law judge or a final order of the board finding a violation under this paragraph shall specify whether the licensee was found to have committed “gross medical malpractice,” “repeated medical malpractice,” or “medical malpractice,” or any combination thereof, and any publication by the board must so specify.

(u) Performing any procedure or prescribing any therapy which, by the prevailing standards of medical practice in the community, would constitute experimentation on a human subject, without first obtaining full, informed, and written consent.

(v) Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities which the licensee knows or has reason to know that he or she is not competent to perform. The board may establish by rule standards of practice and standards of care for particular practice settings, including, but not limited to, education and training, equipment and supplies, medications including anesthetics, assistance of and delegation to other personnel, transfer agreements, sterilization, records, performance of complex or multiple procedures, informed consent, and policy and procedure manuals.

(w) Delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified by training, experience, or licensure to perform them.

(x) Violating a lawful order of the board or department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department.

(y) Conspiring with another licensee or with any other person to commit an act, or committing an act, which would tend to coerce, intimidate, or preclude another licensee from lawfully advertising his or her services.

(z) Procuring, or aiding or abetting in the procuring of, an unlawful termination of pregnancy.

(aa) Presigning blank prescription forms.

(bb) Prescribing any medicinal drug appearing on Schedule II in chapter 893 by the physician for office use.

(cc) Prescribing, ordering, dispensing, administering, supplying, selling, or giving any drug which is a Schedule II amphetamine or a Schedule II sympathomimetic amine drug or any compound thereof, pursuant to chapter 893, to or for any person except for:

1. The treatment of narcolepsy; hyperkinesis; behavioral syndrome characterized by the developmentally inappropriate symptoms of moderate to severe distractability, short attention span, hyperactivity, emotional lability, and impulsivity; or drug-induced brain dysfunction;

2. The differential diagnostic psychiatric evaluation of depression or the treatment of depression shown to be refractory to other therapeutic modalities; or

3. The clinical investigation of the effects of such drugs or compounds when an investigative protocol therefor is submitted to, reviewed, and approved by the board before such investigation is begun.

(dd) Failing to supervise adequately the activities of those physician assistants, paramedics, emergency medical technicians, advanced practice registered nurses, or anesthesiologist assistants acting under the supervision of the physician.

(ee) Prescribing, ordering, dispensing, administering, supplying, selling, or giving growth hormones, testosterone or its analogs, human chorionic gonadotropin (HCG), or other hormones for the purpose of muscle building or to enhance athletic performance. For the purposes of this subsection, the term “muscle building” does not include the treatment of injured muscle. A prescription written for the drug products listed above may be dispensed by the pharmacist with the presumption that the prescription is for legitimate medical use.

(ff) Prescribing, ordering, dispensing, administering, supplying, selling, or giving amygdalin (laetrile) to any person.

(gg) Misrepresenting or concealing a material fact at any time during any phase of a licensing or disciplinary process or procedure.

(hh) Improperly interfering with an investigation or with any disciplinary proceeding.

(ii) Failing to report to the department any licensee under this chapter or under chapter 459 who the physician or physician assistant knows has violated the grounds for disciplinary action set out in the law under which that person is licensed and who provides health care services in a facility licensed under chapter 395, or a health maintenance organization certificated under part I of chapter 641, in which the physician or physician assistant also provides services.

(jj) Being found by any court in this state to have provided corroborating written medical expert opinion attached to any statutorily required notice of claim or intent or to any statutorily required response rejecting a claim, without reasonable investigation.

(kk) Failing to report to the board, in writing, within 30 days if action as defined in paragraph (b) has been taken against one’s license to practice medicine in another state, territory, or country.

(ll) Advertising or holding oneself out as a board-certified specialist, if not qualified under s. 458.3312, in violation of this chapter.

(mm) Failing to comply with the requirements of ss. 381.026 and 381.0261 to provide patients with information about their patient rights and how to file a patient complaint.

(nn) Violating any provision of this chapter or chapter 456, or any rules adopted pursuant thereto.

(oo) Providing deceptive or fraudulent expert witness testimony related to the practice of medicine.

(pp) Applicable to a licensee who serves as the designated physician of a pain-management clinic as defined in s. 458.3265 or s. 459.0137:

1. Registering a pain-management clinic through misrepresentation or fraud;

2. Procuring, or attempting to procure, the registration of a pain-management clinic for any other person by making, or causing to be made, any false representation;

3. Failing to comply with any requirement of chapter 499, the Florida Drug and Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Drug Abuse Prevention and Control Act; or chapter 893, the Florida Comprehensive Drug Abuse Prevention and Control Act;

4. Being convicted or found guilty of, regardless of adjudication to, a felony or any other crime involving moral turpitude, fraud, dishonesty, or deceit in any jurisdiction of the courts of this state, of any other state, or of the United States;

5. Being convicted of, or disciplined by a regulatory agency of the Federal Government or a regulatory agency of another state for, any offense that would constitute a violation of this chapter;

6. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction of the courts of this state, of any other state, or of the United States which relates to the practice of, or the ability to practice, a licensed health care profession;

7. Being convicted of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction of the courts of this state, of any other state, or of the United States which relates to health care fraud;

8. Dispensing any medicinal drug based upon a communication that purports to be a prescription as defined in s. 465.003 or s. 893.02 if the dispensing practitioner knows or has reason to believe that the purported prescription is not based upon a valid practitioner-patient relationship; or

9. Failing to timely notify the board of the date of his or her termination from a pain-management clinic as required by s. 458.3265(3).

(qq) Failing to timely notify the department of the theft of prescription blanks from a pain-management clinic or a breach of a physician’s electronic prescribing software within 24 hours as required by s. 458.3265(3).

(rr) Promoting or advertising through any communication media the use, sale, or dispensing of any controlled substance appearing on any schedule in chapter 893.

(ss) Dispensing a controlled substance listed in Schedule II or Schedule III in violation of s. 465.0276.

(tt) Willfully failing to comply with s. 627.64194 or s. 641.513 with such frequency as to indicate a general business practice.

¹(uu) Issuing a physician certification, as defined in s. 381.986, in a manner out of compliance with the requirements of that section and rules adopted thereunder.

(vv) Performing a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II office surgery, or a Level III office surgery in an office that is not registered with the department pursuant to s. 458.328 or s. 459.0138.

(ww) Implanting a patient or causing a patient to be implanted with a human embryo created with the human reproductive material, as defined in s. 784.086, of the licensee, or inseminating a patient or causing a patient to be inseminated with the human reproductive material of the licensee.

(2) The board may enter an order denying licensure or imposing any of the penalties in s. 456.072(2) against any applicant for licensure or licensee who is found guilty of violating any provision of subsection (1) of this section or who is found guilty of violating any provision of s. 456.072(1). In determining what action is appropriate, the board must first consider what sanctions are necessary to protect the public or to compensate the patient. Only after those sanctions have been imposed may the disciplining authority consider and include in the order requirements designed to rehabilitate the physician. All costs associated with compliance with orders issued under this subsection are the obligation of the physician.

(3) In any administrative action against a physician which does not involve revocation or suspension of license, the division shall have the burden, by the greater weight of the evidence, to establish the existence of grounds for disciplinary action. The division shall establish grounds for revocation or suspension of license by clear and convincing evidence.

(4) The board shall not reinstate the license of a physician, or cause a license to be issued to a person it deems or has deemed unqualified, until such time as it is satisfied that he or she has complied with all the terms and conditions set forth in the final order and that such person is capable of safely engaging in the practice of medicine. However, the board may not issue a license to, or reinstate the license of, any medical doctor found by the board to have committed repeated medical malpractice based on s. 456.50, regardless of the extent to which the licensee or prospective licensee has complied with all terms and conditions set forth in the final order and is capable of safely engaging in the practice of medicine.

(5) The board shall by rule establish guidelines for the disposition of disciplinary cases involving specific types of violations. Such guidelines may include minimum and maximum fines, periods of supervision or probation, or conditions of probation or reissuance of a license. “Gross medical malpractice,” “repeated medical malpractice,” and “medical malpractice,” under paragraph (1)(t) shall each be considered distinct types of violations requiring specific individual guidelines.

(6) Upon the department’s receipt from an insurer or self-insurer of a report of a closed claim against a physician pursuant to s. 627.912 or from a health care practitioner of a report pursuant to s. 456.049, or upon the receipt from a claimant of a presuit notice against a physician pursuant to s. 766.106, the department shall review each report and determine whether it potentially involved conduct by a licensee that is subject to disciplinary action, in which case the provisions of s. 456.073 shall apply. However, if it is reported that a physician has had three or more claims with indemnities exceeding $50,000 each within the previous 5-year period, the department shall investigate the occurrences upon which the claims were based and determine if action by the department against the physician is warranted.

(7) Upon the department’s receipt from the Agency for Health Care Administration pursuant to s. 395.0197 of the name of a physician whose conduct may constitute grounds for disciplinary action by the department, the department shall investigate the occurrences upon which the report was based and determine if action by the department against the physician is warranted.

(8) If any physician regulated by the Division of Medical Quality Assurance is guilty of such unprofessional conduct, negligence, or mental or physical incapacity or impairment that the division determines that the physician is unable to practice with reasonable skill and safety and presents a danger to patients, the division shall be authorized to maintain an action in circuit court enjoining such physician from providing medical services to the public until the physician demonstrates the ability to practice with reasonable skill and safety and without danger to patients.

(9) When an investigation of a physician is undertaken, the department shall promptly furnish to the physician or the physician’s attorney a copy of the complaint or document which resulted in the initiation of the investigation. For purposes of this subsection, such documents include, but are not limited to: the pertinent portions of an annual report submitted to the department pursuant to s. 395.0197(6); a report of an adverse incident which is provided to the department pursuant to s. 395.0197; a report of peer review disciplinary action submitted to the department pursuant to s. 395.0193(4) or s. 458.337, providing that the investigations, proceedings, and records relating to such peer review disciplinary action shall continue to retain their privileged status even as to the licensee who is the subject of the investigation, as provided by ss. 395.0193(8) and 458.337(3); a report of a closed claim submitted pursuant to s. 627.912; a presuit notice submitted pursuant to s. 766.106(2); and a petition brought under the Florida Birth-Related Neurological Injury Compensation Plan, pursuant to s. 766.305(2). The physician may submit a written response to the information contained in the complaint or document which resulted in the initiation of the investigation within 45 days after service to the physician of the complaint or document. The physician’s written response shall be considered by the probable cause panel.

(10) A probable cause panel convened to consider disciplinary action against a physician assistant alleged to have violated s. 456.072 or this section must include one physician assistant. The physician assistant must hold a valid license to practice as a physician assistant in this state and be appointed to the panel by the Council of Physician Assistants. The physician assistant may hear only cases involving disciplinary actions against a physician assistant. If the appointed physician assistant is not present at the disciplinary hearing, the panel may consider the matter and vote on the case in the absence of the physician assistant. The training requirements set forth in s. 458.307(4) do not apply to the appointed physician assistant. Rules need not be adopted to implement this subsection.

(11) The purpose of this section is to facilitate uniform discipline for those acts made punishable under this section and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

History.—ss. 1, 8, ch. 79-302; s. 2, ch. 80-354; s. 297, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 2, 4, ch. 82-32; s. 15, ch. 83-329; s. 1, ch. 85-6; s. 4, ch. 85-175; ss. 18, 25, 26, ch. 86-245; s. 25, ch. 88-1; s. 18, ch. 89-275; s. 16, ch. 89-283; ss. 11, 72, ch. 89-374; s. 2, ch. 90-44; s. 4, ch. 90-60; s. 26, ch. 90-228; s. 60, ch. 91-220; s. 4, ch. 91-429; s. 39, ch. 92-149; s. 1, ch. 92-178; s. 83, ch. 92-289; s. 218, ch. 96-410; s. 1090, ch. 97-103; s. 106, ch. 97-261; s. 23, ch. 97-264; s. 37, ch. 98-89; s. 46, ch. 98-166; s. 222, ch. 99-8; s. 99, ch. 99-397; s. 105, ch. 2000-160; ss. 21, 76, ch. 2001-277; s. 25, ch. 2003-416; s. 2, ch. 2004-303; s. 3, ch. 2005-240; s. 3, ch. 2005-266; s. 1, ch. 2006-242; s. 73, ch. 2008-6; s. 6, ch. 2010-211; s. 6, ch. 2011-141; s. 2, ch. 2011-233; s. 2, ch. 2013-166; s. 17, ch. 2016-145; s. 9, ch. 2016-222; s. 22, ch. 2016-224; s. 8, ch. 2017-41; ss. 1, 4, ch. 2017-232; s. 14, ch. 2018-13; s. 50, ch. 2018-106; s. 6, ch. 2019-112; s. 4, ch. 2019-130; s. 4, ch. 2020-31; s. 14, ch. 2022-35.

¹Note.—Section 1, ch. 2017-232, provides that “[i]t is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29, Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment.” If such amendment or adoption takes place, paragraph (1)(uu), as created by s. 4, ch. 2017-232, is repealed.

F.S. 458.331 on Google Scholar

F.S. 458.331 on Casetext

Amendments to 458.331

Arrestable Offenses / Crimes under Fla. Stat. 458.331

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.331.

Annotations, Discussions, Cases:

Cases from cite.case.law:

M. SAFIRSTEIN, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 271 So. 3d 1178 (Fla. App. Ct. 2019)

. . . Section 458.331(1)(t), Fla. . . . Stat.); section 458.331(1)(q), Fla. . . . any controlled substance, other than in the course of the physician's professional practice); Section 458.331 . . .

VALLS, M. D. v. DEPARTMENT OF HEALTH,, 255 So. 3d 515 (Fla. App. Ct. 2018)

. . . DISCUSSION Section 458.331(1)(v), Florida Statutes (2017), subjects a physician to discipline, including . . .

O. OMULEPU, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 249 So. 3d 1278 (Fla. App. Ct. 2018)

. . . Omulepu violated § 458.331(1), Florida Statutes (2014). . . . See § 458.331(1)(m) & (t), Fla. Stat. It also alleged medical malpractice against Dr. . . . See § 458.331(1)(t), Fla. Stat. . . .

REUTER, M. D. v. LANCET INDEMNITY RISK RETENTION GROUP, INC. a a, 262 F. Supp. 3d 1341 (S.D. Fla. 2017)

. . . following information regarding the incident and violations: Possible Violation of SS. 456.072(l)(k)(dd), 458.331 . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF THE STATE OF FLORIDA, P. El s a ACLU, 814 F.3d 1159 (11th Cir. 2015)

. . . . § 458.331 (listing various grounds for disciplinary action, including "the use of fraud, intimidation . . .

Dr. WOLLSCHLAEGER, Dr. Dr. v. GOVERNOR OF FLORIDA, Of P. El s A, 797 F.3d 859 (11th Cir. 2015)

. . . . § 458.331 (listing various grounds for disciplinary action, including "the use of fraud, intimidation . . .

KALE, Ph. D. v. DEPARTMENT OF HEALTH,, 175 So. 3d 815 (Fla. Dist. Ct. App. 2015)

. . . Although section 458.331, Florida Statutes, allowed the board to revoke the appellant’s license upon . . .

CHRISTIAN, D. C. v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 161 So. 3d 416 (Fla. Dist. Ct. App. 2014)

. . . Health, 714 So.2d 1113, 1114-15 (Fla. 1st DCA 1998) (reversing the finding that Ghani violated section 458.331 . . .

UNITED HEALTHCARE SERVICES, INC. v. SANCTUARY SURGICAL CENTRE, INC. LLC, LLC, LLC, PSG S. LLC, a k a, 5 F. Supp. 3d 1350 (S.D. Fla. 2014)

. . . Stat. 458.331(l)(i). . . .

VIERING, v. FLORIDA COMMISSION ON HUMAN RELATIONS WATSON,, 109 So. 3d 296 (Fla. Dist. Ct. App. 2013)

. . . including the finding that Gross did not violate the applicable standard of care or violate section 458.331 . . .

SHARMA, v. DRUG ENFORCEMENT AGENCY, LNU, DEA, TFO U. S. s, 511 F. App'x 898 (11th Cir. 2013)

. . . permanently revoked Sharma’s Florida medical license (# ME0071440) for violations of Florida Statutes §§ 458.331 . . . (l)(q), 458.331(l)(t), 458.331(l)(m), 458.331(l)(x), and 458.331(l)(g), in Department of Health case . . .

GONZALEZ- GOMEZ, M. D. v. DEPARTMENT OF HEALTH,, 107 So. 3d 1139 (Fla. Dist. Ct. App. 2012)

. . . Count 1 charged Gonzalez-Gomez with violating section 458.331(l)(c), Florida Statutes (2009), by being . . .

S. PENDERGRAFT, IV, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 19 So. 3d 392 (Fla. Dist. Ct. App. 2009)

. . . board certified in obstetrics and gynecology, alleging that he violated sections 456.072(l)(k) and 458.331 . . . Pendergraft violated sections 456.072(l)(k) and 458.331(l)(g) when he performed a third trimester abortion . . . Pender-graft violated sections 456.072(l)(k) and 458.331(l)(g). . . . Pendergraft committed medical malpractice pursuant to section 458.331(l)(t)l., Florida Statutes (2005 . . . Pendergraft argues that the violation of sections 456.072(l)(k) and 458.331(l)(g) cannot serve as the . . .

FOX M. D. v. DEPARTMENT OF HEALTH,, 994 So. 2d 416 (Fla. Dist. Ct. App. 2008)

. . . of care, skill, and treatment acceptable for a reasonably prudent physician in violation of section 458.331 . . . The ALJ recommended that the Board enter a final order finding Appellant in violation of section 458.331 . . . reasonably prudent similar physician as being acceptable under similar conditions and circumstances.” §§ 458.331 . . . Section 458.331(l)(t) further provides, “The board shall give great weight to the provisions of s. 766.102 . . . the AL J’s finding that Appellant’s actions fell below the standard of care in violation of section 458.331 . . .

WATERS, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 962 So. 2d 1011 (Fla. Dist. Ct. App. 2007)

. . . The complaints alleged violations of sections 458.331(l)(m), (q) and (t), Florida Statutes (2001) which . . . the factual findings of both the law judge and thu Department with regard to violations of section 458.331 . . . Section 458.331 reads, in pertinent part: (l) The following acts constitute grounds for denial of a license . . . physician be incompetent to practice medicine in order to be disciplined pursuant to this paragraph. § 458.331 . . .

A. RUPP, M. D. v. DEPARTMENT OF HEALTH,, 963 So. 2d 790 (Fla. Dist. Ct. App. 2007)

. . . Rupp for non-compliance with the notification requirements of section 458.331(l)(kk), Florida Statutes . . . Rupp to have complied with the requirements of section 458.331(l)(kk), Florida Statutes. . . . Recommended Order, and she does not take issue with the Judge’s conclusion of law that “[subsection 458.331 . . .

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

. . . See § 458.331(l)(nn), Fla. . . .

DOE, M. D. v. DEPARTMENT OF HEALTH,, 948 So. 2d 803 (Fla. Dist. Ct. App. 2006)

. . . The outcome of this case turns upon the interpretation of seemingly conflicting statutes, • sections 458.331 . . . Accordingly, we conclude that sections 458.331(9) and 458.337(3) permit the Department to subpoena this . . . Section 458.331 entitled “Grounds for disciplinary action; action by the board and department” sets forth . . . Doe suggests, however, would ignore the provisions in sections 458.331(9) and 458.337(3), which clearly . . . Thus sections 458.331(9) and 458.337(3) were not implicated in the court’s analysis. . . .

S. MENDEZ, M. D. v. FLORIDA DEPARTMENT OF HEALTH,, 943 So. 2d 909 (Fla. Dist. Ct. App. 2006)

. . . Based on Appellant’s conviction, the ALJ found that Appellant violated section 458.331(l)(c), Florida . . .

WOMANCARE OF ORLANDO, INC. L. M. D. A s R. M. D. v. O. AGWUNOBI,, 448 F. Supp. 2d 1309 (N.D. Fla. 2006)

. . . Any violation of the Act by a physician “constitutes grounds for disciplinary action under s. 458.331 . . . inducing or performing an abortion] by a physician constitutes grounds for disciplinary action under s. 458.331 . . . Sections 458.331(l)(z) and 459.015(l)(dd), Florida Statutes (1999), which make a physician subject to . . . Sections 458.331(l)(z) and 459.015(l)(dd) make physicians subject to discipline if they procure, or aid . . .

ROGERS, M. D. v. DEPARTMENT OF HEALTH,, 920 So. 2d 27 (Fla. Dist. Ct. App. 2005)

. . . The scope of the physician misconduct encompassed by the language of Section 458.331(l)(q), Florida Statutes . . . There the [Heller] judge stated: * * * * * * “The wrongdoing that Section 458.331(l)(q) seeks to prevent . . . And for those same reasons, the charge that the Respondent in this case has violated Section 458.331( . . . Therefore, he is found in violation of Section 458.331(l)(q), Florida Statutes, as charged in count 3 . . . Section 458.331(l)(q) forbids the prescribing, dispensing, administering, mixing or otherwise preparing . . .

P. TREVISANI, M. D. v. DEPARTMENT OF HEALTH,, 908 So. 2d 1108 (Fla. Dist. Ct. App. 2005)

. . . level of care, skill, and treatment as a reasonably prudent similar physician in violation of section 458.331 . . . (l)(t), Florida Statutes, and with failing to keep medical records pursuant to section 458.331(l)(m), . . . The Department of Health filed exceptions to the order as to the violation of section 458.331(l)(m), . . . Based on this finding, the ALJ dismissed the count charging Appellant with a violation of section 458.331 . . . The complaint did make reference to section 458.331(l)(m), Florida Statutes, but it did not contain any . . . Trevisani was alleged not to have kept written medical records, as required by section 458.331(l)(m), . . . Trevisani on notice of his failure to comply with the terms of section 458.331(l)(m), by not keeping . . . produce the notes was sufficient evidence of a violation of the record-keeping requirements of section 458.331 . . .

WOMANCARE OF ORLANDO, INC. L. M. D. A s R. M. D. v. O. AGWUNOBI,, 448 F. Supp. 2d 1293 (N.D. Fla. 2005)

. . . Any violation of the Act by a physician “constitutes grounds for disciplinary action under s. 458.331 . . . inducing or performing an abortion] by a physician constitutes grounds for disciplinary action under s. 458.331 . . . While acknowledging that disciplinary action under sections 458.331 and 459.015 is penal in nature and . . . As noted by the supreme court, sections 458.331(1)(z) and 459.015(11)(dd) provide that physicians may . . . that, as a matter of state law, scienter is required before physicians can be penalized under sections 458.331 . . .

A. FIELD, M. D. v. STATE, DEPARTMENT OF HEALTH,, 902 So. 2d 893 (Fla. Dist. Ct. App. 2005)

. . . In addition, section 458.331(1)0) sets out the following additional ground for discipline: Exercising . . .

COLBERT, M. D. v. DEPARTMENT OF HEALTH,, 890 So. 2d 1165 (Fla. Dist. Ct. App. 2004)

. . . (ALJ) finding that he. did not violate section 458.331(l)(m), Florida Statutes (Supp. 1996), which requires . . . So.2d 469 (Fla. 1st DCA 1990), which had held that the agency could not lawfully interpret section 458.331 . . . Section 458.331(l)(m) provides that an appropriate person may be disciplined if he or - she fails "to . . .

CONE, D. O. M. D. v. STATE DEPARTMENT OF HEALTH,, 886 So. 2d 1007 (Fla. Dist. Ct. App. 2004)

. . . In Ocampo, the court construed a disciplinary provision of the Medical Practice Act, section 458.331( . . . The Board of Medicine alleged that Ocampo violated section 458.331(l)(b), in that the United States Department . . . health-care programs was not action by a licensing authority of any jurisdiction, as prohibited by section 458.331 . . . It concluded that Ocampo had been improperly disciplined for violations of sections 458.331(l)(b) and . . . 458.331(1)0*3 (failure to report the exclusion within thirty days); therefore, both charges should have . . .

STATE J. Jr. M. D. v. PRESIDENTIAL WOMEN S CENTER, M. D. s, 884 So. 2d 526 (Fla. Dist. Ct. App. 2004)

. . . c) Violation of this subsection by a physician constitutes grounds for disciplinary action under s. 458.331 . . .

MALAVE, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 881 So. 2d 682 (Fla. Dist. Ct. App. 2004)

. . . Malave had violated (1) section 458.331(l)(j), Florida Statutes (2002), by exercising influence in a . . . patient-physician relationship for purposes of engaging a patient, J.P., in sexual activity; (2) section 458.331 . . . provisions of chapter 458, Florida Statutes (2002), which prohibit sexual misconduct; and (3) section 458.331 . . .

ORTIZ, v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 882 So. 2d 402 (Fla. Dist. Ct. App. 2004)

. . . Section 458.331, Florida Statutes (2002), sets forth grounds for disciplinary action. . . . Section 458.331(1) lists acts that “constitute grounds for denial of a license or disciplinary action . . . The Board cited sections 458.309(1) and 458.331(l)(v) as specific authority for adopting the rule. . . . These principles require that the grant of rulemaking authority contained in section 458.331(l)(v) be . . . Section 458.331(l)(v) sets forth a ground for disciplinary action against a physician. . . .

ADVISORY OPINION TO THE ATTORNEY GENERAL RE PUBLIC PROTECTION FROM REPEATED MEDICAL MALPRACTICE, 880 So. 2d 667 (Fla. 2004)

. . . In the present case, the proposed amendment, if adopted, clearly would su-percede section 458.331(l)( . . . have committed repeated malpractice that is stricter than what is currently provided under section 458.331 . . . reasonably prudent similar physician as being acceptable under similar conditions and circumstances.” § 458.331 . . .

W. SULLIVAN, D. C. v. DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE,, 885 So. 2d 873 (Fla. Dist. Ct. App. 2004)

. . . legend drug” also appears in the practice act for physicians, which contains the following, in Section 458.331 . . .

J. ALDRETE, M. D. v. DEPARTMENT OF HEALTH BOARD OF MEDICINE,, 879 So. 2d 1244 (Fla. Dist. Ct. App. 2004)

. . . Aldrete violated section 458.331(l)(t), Florida Statutes (1999), count I of the complaint, by failing . . .

HAMMESFAHR, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 869 So. 2d 1221 (Fla. Dist. Ct. App. 2004)

. . . Medicine (“the Board”) disciplining him for financial exploitation of a patient in violation of section 458.331 . . . On the third charge, the ALJ recommended discipline for a violation of section 458.331(l)(n), which prohibits . . . Hammesfahr violated section 458.331(l)(n) by charging a patient $3000 for services that she did not receive . . . Either scenario does not support the trial court’s finding of a violation of section 458.331(l)(n). . . . Hammesfahr for financial exploitation of a patient in violation of section 458.331(l)(n). . . .

L. LUSSKIN, M. D. v. DEPARTMENT OF HEALTH,, 866 So. 2d 733 (Fla. Dist. Ct. App. 2004)

. . . In 1996, the board filed an administrative complaint against Lusskin, finding a violation of section 458.331 . . . Section 458.331(l)(s), Florida Statutes, provides that a doctor who is unable to “practice medicine with . . .

H. LISS, M. D. v. DEPARTMENT OF HEALTH, 862 So. 2d 920 (Fla. Dist. Ct. App. 2003)

. . . The Board of Medicine then determined probable cause existed to believe that Liss violated section 458.331 . . .

PATZ, M. D. v. DEPARTMENT OF HEALTH,, 864 So. 2d 79 (Fla. Dist. Ct. App. 2003)

. . . granting the Department of Health’s motion for default and sanctioning Patz for violations of section 458.331 . . .

NORTH FLORIDA WOMEN S HEALTH AND COUNSELING SERVICES, INC. v. STATE, 866 So. 2d 612 (Fla. 2003)

. . . c) Violation of this subsection by a physician constitutes grounds for disciplinary action under s. 458.331 . . .

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

. . . The Board concluded there was probable cause to believe that Spuza had violated section 458.331(l)(c) . . . Section 458.331(l)(e) provides: (1) The following acts constitute grounds for denial of a license or . . . took the position that Spuza’s conviction, in itself, was sufficient to prove a violation of section 458.331 . . . See § 458.331(l)(c). . . .

GOLD, VANN WHITE, P. A. v. P. FRIEDENSTAB, M. D., 831 So. 2d 692 (Fla. Dist. Ct. App. 2002)

. . . generate and, thus, constituted an indirect method of fees for patient referral in violation of sections 458.331 . . . Florida Statutes §§ 458.331(l)(i) and 817.505(l)(a) prohibit any split fee arrangement. . . . Section 458.331(l)(i) provides that it is grounds for disciplinary action if a medical provider is: paying . . . upheld by the First District, held that the agreement was a split-fee agreement in violation of section 458.331 . . .

PRYSI, M. D. v. DEPARTMENT OF HEALTH,, 823 So. 2d 823 (Fla. Dist. Ct. App. 2002)

. . . Appellant was charged with violating sections 458.331(l)(f) and (w), Florida Statutes (2000), by instructing . . . The ALJ concluded Appellant did not violate sections 458.331(l)(f) and (w), Florida Statutes, and recommended . . .

E. GROSS, M. D. v. DEPARTMENT OF HEALTH,, 819 So. 2d 997 (Fla. Dist. Ct. App. 2002)

. . . of Medicine (the Board) concluding that Gross deviated from the standard of care defined by section 458.331 . . . part of Gross to practice medicine with the level of care, skill and treatment required by section 458.331 . . . The ALJ recommended the Board enter an order finding that Gross did not violate section 458.331(l)(t) . . . that Gross’s performance was below the applicable standard of care and that he did violate section 458.331 . . . Section 458.331 (l)(t) provides in pertinent part that a medical doctor may be subject to disciplinary . . . Gross did not deviate from the standard of care defined by section 458.331(l)(t), Florida Statutes (2000 . . . followed by medical practitioners in Florida or encompassed within the statutory standard found in section 458.331 . . .

NOVICE, M. D. v. DEPARTMENT OF HEALTH, BOARD OF MEDICINE,, 816 So. 2d 1237 (Fla. Dist. Ct. App. 2002)

. . . which are based on revenue generated, at least in part because of referrals, is a violation of section 458.331 . . .

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

. . . of Appellee, Florida Department of Health (DOH), disciplining his license for violations of sections 458.331 . . . In an administrative complaint, DOH alleged that Ocampo violated section 458.331(1)(b), Florida Statutes . . . DOH further alleged that Ocampo violated section 458.331(1)(kk), Florida Statutes, by failing to report . . . The plain language of section 458.331(1)(b), Florida Statutes (1999), provides that a violation of the . . . to inform the Board of the action referred to in section 458.331(1)(b), Florida Statutes (1999). . . .

FLORIDA BOARD OF MEDICINE, v. FLORIDA ACADEMY OF COSMETIC SURGERY, INC. M. D. D. D. S. F. A. C. S. R. M. D. v., 808 So. 2d 243 (Fla. Dist. Ct. App. 2002)

. . . Rule 64B8-9.009(4)(b) As authority for rule 64B8-9.009(4)(b), the Board relied on section 458.331(l)( . . . agreement provision in rule 64B8-9.009(4)(b) essentially because the grant of authority in section 458.331 . . . Section 458.331(l)(v) clearly grants the Board authority to require by rule that physicians performing . . . The ALJ concluded that section 458.331(l)(v) did not provide rule-making authority for this provision . . . Section 458.331(l)(v) clearly gives broad, unqualified, rulemaking authority to the Board to establish . . .

H. HARRIS, s H. s v. GONZALEZ, M. D. a A., 789 So. 2d 405 (Fla. Dist. Ct. App. 2001)

. . . Section 458.331, Florida Statutes (1991), enumerates grounds for disciplinary action against a physician . . .

STATE M. D. J. Jr. v. NORTH FLORIDA WOMEN S HEALTH AND COUNSELING SERVICES, INC. W. v. s, 852 So. 2d 254 (Fla. Dist. Ct. App. 2001)

. . . See §§ 390.01115(3)(c), 458.331(l)(z), Fla. . . . See § 458.331(2), Fla. Stat. (1999); see also Jones, 640 So.2d at 1085. . . . Sections 458.331(l)(z) and 459.015(l)(dd), Florida Statutes (1999), which make a physician subject to . . . “[pjrocuring, or aiding or abetting in the procuring of, an unlawful termination of pregnancy.” §§ 458.331 . . . See, e.g., §§ 458.331(l)(s), (l)(t), & (l)(v), Fla.Stat. (1999); see also § 743.0645(2), Fla.Stat. (1999 . . .

J. LINGLE, M. D. v. DION, a k a,, 776 So. 2d 1073 (Fla. Dist. Ct. App. 2001)

. . . Section 458.331, specifically, was designed to “protect the public from practitioners who cannot comply . . . The first paragraph of the jury instruction in question references section 458.331, which is entitled . . . Title 59 of the Florida Administrative Code is consistent with section 458.331, Florida Statutes, in . . . (l)(g), Florida Statutes; the not accepting and performing professional requirement of Section 458.331 . . . (l)(v), Florida Statutes; and the delegation of duties restrictions of Section 458.331(l)(w), Florida . . .

TAYLOR, v. MEMORIAL HEALTH SYSTEMS, INC., 770 So. 2d 752 (Fla. Dist. Ct. App. 2000)

. . . This alleged practice may be in violation of sections 458.331(l)(j) and 458.359, Florida Statutes (1995 . . .

In M. VOLTAREL, v. M. In v. In A. v. A., 236 B.R. 464 (Bankr. M.D. Fla. 1999)

. . . Management Agreement is void because the third component of the fee structure violates Florida Statute §§ 458.331 . . .

HAGGERTY v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 716 So. 2d 873 (Fla. Dist. Ct. App. 1998)

. . . We further noted that the disciplinary statute which Boedy violated, section 458.331, Florida Statutes . . . See, e.g., §§ 457.116 (acupuncture), 458.331 (medical practice), 459.015 (osteopathy), 460.413 (chiropractic . . .

GHANI, M. D. v. DEPARTMENT OF HEALTH,, 714 So. 2d 1113 (Fla. Dist. Ct. App. 1998)

. . . Ghani violated section 458.331, Florida Statutes (1993), by failing to practice medicine with the level . . .

C. VICARIA, M. D. v. DEPARTMENT OF HEALTH,, 715 So. 2d 285 (Fla. Dist. Ct. App. 1998)

. . . . § 458.331(2), Fla. Stat. (1997); Fla. Admin. Code R. 64-B8-8.001. Affirmed. . . .

STATE T. v. PRESIDENTIAL WOMEN S CENTER, M. D. s s, 707 So. 2d 1145 (Fla. Dist. Ct. App. 1998)

. . . e) Violation of this subsection by a physician constitutes grounds for disciplinary action under s. 458.331 . . .

HASBUN, M. D. v. DEPARTMENT OF HEALTH,, 701 So. 2d 1235 (Fla. Dist. Ct. App. 1997)

. . . specifically found to have acted in a manner below the acceptable standard of care, a violation of paragraph 458.331 . . . (l)(t), and to have exploited his patient for financial gain, a violation of paragraph 458.331(l)(n). . . . Thus we affirm the order under review as to the claimed violation of paragraph 458.331(l)(n), exploitation . . . consider and impose whatever disciplinary action it chooses to order in compliance with subsection 458.331 . . .

UNITED STATES v. W. HOFFER, M. D., 129 F.3d 1196 (11th Cir. 1997)

. . . . § 458.331(l)(c) and (q). . . .

LORTZ, v. DEPARTMENT OF HEALTH,, 700 So. 2d 383 (Fla. Dist. Ct. App. 1997)

. . . Count One alleged a violation of subsection 458.331(1)(t); Count Two alleged a violation of subsection . . . 458.331(l)(j); Count Three alleged a violation of subsection 458.331(1)(x); and Count Four alleged a . . . violation of subsection 458.331(1)(s). . . . Subsection 458.331(l)(t), Florida Statutes (1995), provides the following grounds for disciplinary action . . . Subsection 458.331 (l)(x), Florida Statutes (1995), specifies as a grounds for disciplinary action: ( . . .

MOLINARI, v. DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION,, 688 So. 2d 388 (Fla. Dist. Ct. App. 1997)

. . . had entered a nolo contendere plea; however, the statute governing his licensing proceeding, section 458.331 . . .

A. HOOVER, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 676 So. 2d 1380 (Fla. Dist. Ct. App. 1996)

. . . physician as being acceptable under similar conditions and circumstances; in violation of sections 458.331 . . . of fact in accordance with the agency’s suggestions, and found the doctor in violation of sections 458.331 . . .

BORREGO, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 675 So. 2d 666 (Fla. Dist. Ct. App. 1996)

. . . Borrego, alleging that he violated section 458.331(l)(c), Florida Statutes, which authorizes disciplinary . . . Borre-go violated section 458.331(l)(c), and ordered him to pay a $5,000 fine to the Board, reprimanded . . . Based on the above authorities, we conclude that section 458.331 was designed to serve the public welfare . . .

In POULIOT, CACCAMO, v. POULIOT,, 196 B.R. 641 (Bankr. S.D. Fla. 1996)

. . . Florida Statute §§ 458.320(4)(b) and 458.331 set forth the penalties instituted by the DBPR and the Board . . . This Court finds that Fla.Stat. §§ 458.320 and 458.331 do not limit the liability of a non-insured physician . . . Florida Statute § 458.331 provides: (1) The following acts shall constitute grounds for which the disciplinary . . .

C. CROW, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION,, 669 So. 2d 1160 (Fla. Dist. Ct. App. 1996)

. . . Petitioner requests that the Board of Medicine interpret Section 458.331(l)(i), Florida Statutes, in . . . Section 458.331(l)(i), Florida Statutes, prohibits certain financial arrangements by physicians. . . . based on current year revenues would each be in violation of the prohibition set forth in Subsection 458.331 . . . Crow argues that section 458.331(l)(i) prohibits only payment or receipt of commissions, bonuses, kickbacks . . . case, the Board is making it clear that selling one’s practice to an HMO is not a loophole to section 458.331 . . .

ORASAN, M. D. v. AGENCY FOR HEALTH CARE ADMINISTRATION, BOARD OF MEDICINE,, 668 So. 2d 1062 (Fla. Dist. Ct. App. 1996)

. . . challenges a final order of the Board of Medicine (the board) imposing sanctions for violations of sections 458.331 . . . charged the appellant in an amended administrative complaint with four counts of violating section 458.331 . . . (l)(m), Florida Statutes, and four counts of violating section 458.331(l)(t), Florida Statutes, in connection . . . promulgate separate disciplinary guidelines for each of the three types of violations described in section 458.331 . . . (l)(t), Florida Statutes, as mandated by section 458.331(5), Florida Statutes (Supp.1990), we note that . . .

STATE, v. PHYSICAL THERAPY REHABILITATION CENTER OF CORAL SPRINGS, INC. a, 665 So. 2d 1127 (Fla. Dist. Ct. App. 1996)

. . . The title to chapter 92-178 provides: An act relating to medical practice; repealing s. 458.331(l)(gg . . .

CASTILLO- PLAZA, M. D. M. D. P. A. v. GREEN, D. PIERRE, PIERRE, v. NORTH SHORE MEDICAL CENTER, INC. W. M. D. M. D. P. A. d b a GIRON, v. J. NOY, M. D. J. M. D. P. A. M. D. a, 655 So. 2d 197 (Fla. Dist. Ct. App. 1995)

. . . upon discovery of defense violation of privilege), review granted, 525 N.W.2d 732 (Wis.1994); see § 458.331 . . .

NAIR, M. D. v. DEPARTMENT OF BUSINESS PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 654 So. 2d 205 (Fla. Dist. Ct. App. 1995)

. . . the Board of Medicine (“the Board”) determining that appellant had on two occasions violated section 458.331 . . . The administrative complaint alleged that appellant’s conduct violated section 458.331(l)(j), Florida . . . Appellant contends that the , Board erred in finding appellant guilty of a violation of section 458.331 . . . Because the Department proved a violation of section 458.331(l)(j) with regard to patient 2 by a mere . . . Section 458.331(1)(j), Florida Statutes (1989) provides that disciplinary action may be taken against . . .

In D. GRAU,, 172 B.R. 686 (Bankr. S.D. Fla. 1994)

. . . .-320(5)(g) and 458.331(l)(a) and (g). 5. . . . Grau of F.S. § 458.320(5)(g) and § 458.331(l)(a) and (g) for failure to pay Branham’s adverse final judgment . . . Section 458.331(l)(g) provides: (1) The following acts shall constitute grounds for which the disciplinary . . .

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, v. J. McCARTHY,, 638 So. 2d 574 (Fla. Dist. Ct. App. 1994)

. . . McCarthy was charged with violating section 458.331(l)(m) and (t), Florida Statutes, in his delivery . . . As a result, the hearing officer determined that rotating the baby’s head violated section 458.331(l) . . . Section 458.331(l)(m) and (t), Florida Statutes (1991), provides in part: (l) The following acts shall . . .

RIFE, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION,, 638 So. 2d 542 (Fla. Dist. Ct. App. 1994)

. . . Turlington, 510 So.2d 292 (Fla.1987); § 458.331(3), Fla.Stat. (1991). . . . Section 458.331 permits the Board to revoke a physician’s license upon clear and convincing evidence . . . reasoning clearly raises issues of due process, the supreme court has not squarely held that section 458.331 . . . We recognize that section 458.331 is penal in nature and should be strictly construed in favor of the . . . Section 458.331(l)(b) permits disciplinary action based on any action against a medical license in another . . .

FLORIDA BOARD OF OPTOMETRY, M. D. O. D. E. M. D. III, O. D. v. FLORIDA BOARD OF MEDICINE, S. M. D., 616 So. 2d 581 (Fla. Dist. Ct. App. 1993)

. . . the evidence did not show the proposed rule to be inconsistent with existing law, including sections 458.331 . . .

MANOR CARE OF DUNEDIN, INC. d b a v. KEISER,, 611 So. 2d 1305 (Fla. Dist. Ct. App. 1992)

. . . For example, section 458.331(l)(i), proscribing payment or acceptance of referral fees by physicians, . . .

J. SON, v. FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,, 608 So. 2d 75 (Fla. Dist. Ct. App. 1992)

. . . Section 458.331(l)(c) contains virtually identical language as section 475.25(l)(f). . . .

COHEN, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 590 So. 2d 477 (Fla. Dist. Ct. App. 1991)

. . . ruling upon a proceeding under the rule, however, the Board is subject to the very strict dictates of § 458.331 . . .

H. McDONALD, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF PILOT COMMISSIONERS,, 582 So. 2d 660 (Fla. Dist. Ct. App. 1991)

. . . See, e.g„ §§ 457.109(l)(j), 458.331(l)(j), 458.-331(l)(q), 459.015(l)(m), 459.015(l)(u), 461.-013(l)( . . .

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

. . . The basis for the instant disciplinary proceedings was appellant’s alleged violation of section 458.331 . . . Section 458.331(1)(l), Florida Statutes (1983), prohibits the making of “deceptive, untrue, or fraudulent . . . or related to the practice of medicine or employing a trick or scheme in the practice of medicine. § 458.331 . . .

A. LIEBERMAN, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 573 So. 2d 349 (Fla. Dist. Ct. App. 1990)

. . . hearing officer found that, with respect to patients B.J., L.I., and D.B., Lieberman had violated section 458.331 . . . patients L.I. and D.B., the hearing officer found Lieberman also had violated sections 458.329 and 458.331 . . .

T. BREESMEN, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 567 So. 2d 469 (Fla. Dist. Ct. App. 1990)

. . . for failing to keep medical records justifying his treatment of a patient in accordance with section 458.331 . . . Breesmen violated section 458.331(l)(m), or any rule promulgated pursuant to this statute, we reverse . . . Breesmen alleging, inter alia, that he violated Section 458.331(l)(t), Florida Statutes, by failing to . . . such standards been promulgated pursuant to section 458.331(l)(m). . . . Breesmen violated section 458.331(l)(m). . . .

E. WILLNER, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 563 So. 2d 805 (Fla. Dist. Ct. App. 1990)

. . . order of the hearing officer, who had concluded that appellant was guilty of ten violations of Section 458.331 . . . We, therefore, set aside the findings of guilt and the fines for violation of Section 458.331(l)(h), . . . Florida Statutes (1981); Section 458.331(l)(t), Florida Statutes (1981); and Section 458.331(l)(n), Florida . . . fine which could be assessed by appellee for violations of Section 458.331(1), Florida Statutes. . . . For its authority, appellee relies upon the language contained in Section 458.331(2)(f), Florida Statutes . . .

G. ROBERTSON, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 574 So. 2d 153 (Fla. Dist. Ct. App. 1990)

. . . prudent similar physician as being acceptable under similar conditions and circumstances, under section 458.331 . . . appellant’s medical records after the filing of the administrative complaint, alleged to violate section 458.331 . . . As to the record-keeping charge, the statute, section 458.331(l)(m), imposes the requirement of keeping . . .

DEPARTMENT OF PROFESSIONAL REGULATION, v. NUDEL, M. D., 556 So. 2d 766 (Fla. Dist. Ct. App. 1990)

. . . of “repeated malpractice,” and notwithstanding the specific finding that the statutory provision, § 458.331 . . .

OTEIZA, v. M. BRAXTON M. P. A., 547 So. 2d 948 (Fla. Dist. Ct. App. 1989)

. . . the Board of Medical Examiners, which found Oteiza subject to disciplinary action pursuant to section 458.331 . . . , Oteiza was responsible for failure to ensure that the workers were certified, pursuant to section 458.331 . . . Pursuant to section 458.331(4), Florida Statutes (1983), the Board of Medical Examiners is authorized . . . At the time Oteiza was disciplined, the penalty for violation of section 458.331(l)(w) ranged anywhere . . .

GRIMBERG, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 542 So. 2d 457 (Fla. Dist. Ct. App. 1989)

. . . .” § 458.331(3), Fla.Stat. (1987). . . .

RESPIRATORY THERAPEUTICS, INC. a v. FOSTER MEDICAL CORPORATION, E. M. D., 542 So. 2d 1010 (Fla. Dist. Ct. App. 1989)

. . . more after disclosure to the patients of the physician’s financial interest, is sanctioned by section 458.331 . . . I do not agree with the majority that the fact that, pursuant to section 458.331(l)(gg), Florida Statutes . . .

CASTELLI v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE GRANADO- VILLAR v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE, 33 Fla. Supp. 2d 191 (Fla. Div. Admin. Hearings 1989)

. . . The 1985 versions of sections 458.331(l)(g) and (h) prohibit aiding or assisting an unlicensed person . . . In 1986 section 458.331(1) was re-numbered so that subsections (g) and (h) now prohibit failing to perform . . . scheme to obtain or attempt to obtain a medical license for another person in violation of section 458.331 . . .

N. TAYLOR, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 534 So. 2d 782 (Fla. Dist. Ct. App. 1988)

. . . Department”) filed an administrative complaint against appellant charging him with violations of Section 458.331 . . . that appellant was unable to practice medicine with reasonable skill and safety contrary to Section 458.331 . . . This is comparable to a finding under section 458.331(l)(s) that a physician is unable to practice with . . . The Department did not charge appellant with a violation of Section 458.331(l)(a), which prohibits ‘‘ . . .

DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA STATE BOARD OF MEDICINE, v. MARRERO, M. D., 536 So. 2d 1094 (Fla. Dist. Ct. App. 1988)

. . . every physician practicing in this state meet minimum requirements for safe practice,” and section 458.331 . . .

J. TICKTIN, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION,, 532 So. 2d 47 (Fla. Dist. Ct. App. 1988)

. . . The hearing officer concluded that the appellant was guilty of gross malpractice under Section 458.331 . . .

MAJOR, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 531 So. 2d 411 (Fla. Dist. Ct. App. 1988)

. . . Major had not violated, as charged, Section 458.331(l)(s), Florida Statutes (1985). . . . of alcohol, drugs, narcotics, chemicals, ... or as a result of any mental or physical condition,” § 458.331 . . . of alcohol, drugs, narcotics, chemicals, ... or as a result of any mental or physical condition.” § 458.331 . . .

NACH, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD MEDICAL EXAMINERS,, 528 So. 2d 908 (Fla. Dist. Ct. App. 1988)

. . . See § 458.331(1)(n), Fla.Stat. (1985). . . .

DEPARTMENT OF PROFESSIONAL REGULATION, v. P. STERN, M. D., 522 So. 2d 77 (Fla. Dist. Ct. App. 1988)

. . . Section 458.331(l)(b), Florida Statutes (1983) provides that disciplinary action may be taken against . . . In this case, the issue is the proper interpretation of the pertinent language of Section 458.331(1)( . . .

MORALES, M. D. M. D. P. A. s v. M. SCHERER,, 528 So. 2d 1 (Fla. Dist. Ct. App. 1988)

. . . Apparently this was done to permit the doctor to avoid discipline under section 458.331, Florida Statutes . . . Under section 458.331(1)(t) “gross or repeated” malpractice is grounds for disciplinary action by the . . .

R. RIZZO, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 519 So. 2d 1019 (Fla. Dist. Ct. App. 1987)

. . . concur in the majority decision and write separately to note my agreement that the language of section 458.331 . . . Section 458.331(1) specifies no fewer than 31 acts which constitute grounds for which disciplinary action . . . Section 458.331(l)(n), at issue here, defines the failure “to keep written medical records justifying . . . (1)(I) ], “reasonable skill and safety to patients” [§ 458.331(l)(s) ], or “that level of care, skill . . . , and treatment which is recognized by a reasonably prudent similar physician” [§ 458.331(l)(t) ]. . . .

SAPP, v. BAY MEDICAL CENTER,, 27 Fla. Supp. 2d 21 (Fla. Cir. Ct. 1987)

. . . Sec. 458.331, Fla. . . . Sec. 458.331, Fla. . . . Gooding, the language of Sec. 458.331, Fla. . . .

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS v. KOO, 28 Fla. Supp. 2d 216 (Fla. Div. Admin. Hearings 1987)

. . . Section 458.331(1), Florida Statutes, provides that disciplinary action may be taken based on the following . . . Section 458.331(1)(1), makes it a violation for a physician to make deceptive, untrue, or fraudulent . . . Therefore, Koo has violated Section 458.331(1)91) and is guilty of the violation alleged in Count Six . . .

GREENWALD, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION,, 501 So. 2d 740 (Fla. Dist. Ct. App. 1987)

. . . murder “directly relates to the practice of medicine or to the ability to practice medicine,” section 458.331 . . .

MARAVEL, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 498 So. 2d 481 (Fla. Dist. Ct. App. 1986)

. . . Maravel argues that Section 458.331(3) is inapplicable because it relates to reinstatement of licenses . . . However, a close reading of Ba-chynsky reflects that this court did not hold that Section 458.331(3) . . . See Section 458.331(3), F.S.” Additionally, in Farzad v. . . . Section 458.331, Florida Statutes, provides the grounds for disciplinar^ action. . . .

B. BRITT, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION,, 492 So. 2d 697 (Fla. Dist. Ct. App. 1986)

. . . Appellant was found to have violated section 458.331(l)(t), Florida Statutes, by engaging in gross or . . . Although section 458.331(l)(t) references section 768.45, Florida Statutes, which establishes standards . . . s actions created the potential for actual injury or harm, and the agency’s construction of section 458.331 . . . Appellant was also found to have violated section 458.331(1)©, Florida Statutes, by making deceptive, . . . Appellant was further found to have violated section 458.331(l)(i), Florida Statutes, by making or filing . . .

M. NEST, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 490 So. 2d 987 (Fla. Dist. Ct. App. 1986)

. . . Nest, because by virtue of his past impairment he had violated Section 458.331(l)(s), Florida Statutes . . . Nest licensure because Section 458.331(l)(s) further provided that: A physician affected under this paragraph . . .

VAN ORE, M. D. v. BOARD OF MEDICAL EXAMINERS,, 489 So. 2d 883 (Fla. Dist. Ct. App. 1986)

. . . hearing officer first addressed Van Ore’s prescription practices for the patients as covered by section 458.331 . . . concerning one of the assistants and that the only violation established by the department was under section 458.331 . . . The officer recommended that the Board of Medical Examiners find Van Ore guilty of violating section 458.331 . . .

BOARD OF MEDICAL EXAMINERS v. KADI VAR, M. D., 482 So. 2d 501 (Fla. Dist. Ct. App. 1986)

. . . administrative complaint against the doctor, charging him with violation of four provisions of section 458.331 . . . contends that the questions remaining in the trial court vis-a-vis the constitutionality of section 458.331 . . . administrative proceeding, one of the doctor’s points on appeal was the unconstitutionality of section 458.331 . . .

YERO, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 481 So. 2d 61 (Fla. Dist. Ct. App. 1985)

. . . Count one alleged violations of Sections 458.329 and 458.331(l)(x), Florida Statutes (1983) for sexual . . . Count two alleged a violation of Section 458.331(l)(k) which prohibits exercising influence within a . . . Count three alleged malpractice, a violation of Section 458.331(l)(t). . . . (l)(x), 458.331(l)(k) or 458.331(l)(t) and recommended a dismissal of the administrative complaint. . . . Section 458.331(l)(t) includes malpractice as a ground for disciplinary action. . . .