Florida/Georgia Personal Injury & Workers Compensation

...or with other licensed health care professionals, the primary objective of whom is the diagnosis and treatment of the human body. Contrary to the arguments of appellants, sections 463.014(1)(a) and (1)(b) do not conflict with sections 463.014(1)(c), 484.006(2) and 455.201(4)....

...y in a manner that would allow the lay entity to provide optometric services. Unlike sections 463.014(1)(a) and (b), which address a prohibited relationship, section 463.014(1)(c) concerns a permissible location at which an optometrist can practice. Section 484.006(2), Florida Statutes (1993), provides: "No rule or policy of the board shall prohibit any optician from practicing jointly with optometrists or medical doctors licensed in this state." Section 484.006(2) does not conflict with sections 463.014(1)(a) and (b) because chapter 484 concerns the practice of opticianry and chapter 463 concerns the practice of optometry....

...Under section 463.014(1)(a) and (b), an optometrist cannot form a partnership or professional association with an optician because opticianry is not a licensed health care profession "the primary objective of which is the diagnosis of the human body." See § 484.013(3), Fla. Stat.(1993). Sections 463.014(1)(a) and (b) and section 484.006(2), when read together, mean that, while optometrists cannot form partnerships or professional associations with or be employed by opticians, opticians can be employed by optometrists. The appellants' reliance on section 484.006(2) as authorizing retail optical establishments to practice "jointly" with an optometrist is misplaced because section 484.006(2) concerns opticians, not optical establishments....

opticians that he was in violation of Fla. Stat. § 484.06, F.S.A. (entitled "Optical Dispensing; unlawful

...ing power. While these categories are not intended to be exclusive, none of them suggests a delegated power to impose the physical restraints *380 on a sponsor's supervisory activities of the nature contained in the proposed rule. On the other hand, Section 484.006 makes it clear that the rulemaking power granted in Section 484.005 is substantially circumscribed, as that section sets forth six specific areas in which the Board is prohibited from making any rules....

...power. While these categories are not intended to be exclusive, none of them suggests a delegated power to impose the physical re *380 straints on a sponsor’s supervisory activities of the nature contained in the proposed rule. On the other hand, Section 484.006 makes it clear that the rulemaking power granted in Section 484.005 is substantially circumscribed, as that section sets forth six specific areas in which the Board is prohibited from making any rules....