Chapter 456 — Chapter 456
100 sections in this chapter.
Fla. Stat. § 456.048 Financial responsibility requirements for certain health care practitioners
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(1) As a prerequisite for licensure or license renewal, the Board of Acupuncture, the Board of Chiropractic Medicine, the Board of Podiatric Medicine, and the Board of Dentistry shall, by rule, require that all health care practitioners licensed under the respective board, and th…
Fla. Stat. § 456.049 Health care practitioners; reports on professional liability claims and actions
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Any practitioner of medicine licensed pursuant to the provisions of chapter 458, practitioner of osteopathic medicine licensed pursuant to the provisions of chapter 459, podiatric physician licensed pursuant to the provisions of chapter 461, or dentist licensed pursuant to the pr…
Fla. Stat. § 456.0495 Reporting adverse incidents occurring in planned out-of-hospital births
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(1) For purposes of this section, the term “adverse incident” means an event over which a physician licensed under chapter 458 or chapter 459, a nurse midwife certified under part I of chapter 464, or a midwife licensed under chapter 467 could exercise control and which is associ…
Fla. Stat. § 456.0496 Provision of information on eye and vision disorders to parents during planned out-of-hospital births
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A health care practitioner who attends an out-of-hospital birth must ensure that the informational pamphlet on infant and childhood eye and vision disorders created by the department pursuant to s. 383.14(3)(h) is provided to each parent after such a birth.
Fla. Stat. § 456.051 Reports of professional liability actions; bankruptcies; Department of Health’s responsibility to provide
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(1) The report of a claim or action for damages for personal injury which is required to be provided to the Department of Health under s. 456.049 or s. 627.912 is public information except for the name of the claimant or injured person, which remains confidential as provided in s…
Fla. Stat. § 456.052 Disclosure of financial interest by production
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(1) A health care provider shall not refer a patient to an entity in which such provider is an investor unless, prior to the referral, the provider furnishes the patient with a written disclosure form, informing the patient of:(a) The existence of the investment interest.(b) The …
Fla. Stat. § 456.053 Financial arrangements between referring health care providers and providers of health care services
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(1) SHORT TITLE.—This section may be cited as the “Patient Self-Referral Act of 1992.”(2) LEGISLATIVE INTENT.—It is recognized by the Legislature that the referral of a patient by a health care provider to a provider of health care services in which the referring health care prov…
Fla. Stat. § 456.054 Kickbacks prohibited
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(1) As used in this section, the term “kickback” means a remuneration or payment, by or on behalf of a provider of health care services or items, to any person as an incentive or inducement to refer patients for past or future services or items, when the payment is not tax deduct…
Fla. Stat. § 456.055 Chiropractic and podiatric health care; denial of payment; limitation
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A chiropractic physician licensed under chapter 460 or a podiatric physician licensed under chapter 461 shall not be denied payment for treatment rendered solely on the basis that the chiropractic physician or podiatric physician is not a member of a particular preferred provider…
Fla. Stat. § 456.056 Treatment of Medicare beneficiaries; refusal, emergencies, consulting physicians
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(1) Effective as of January 1, 1993, as used in this section, the term:(a) “Physician” means a physician licensed under chapter 458, an osteopathic physician licensed under chapter 459, a chiropractic physician licensed under chapter 460, a podiatric physician licensed under chap…
Fla. Stat. § 456.057 Ownership and control of patient records; report or copies of records to be furnished; disclosure of information
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(1) As used in this section, the term “records owner” means any health care practitioner who generates a medical record after making a physical or mental examination of, or administering treatment or dispensing legend drugs to, any person; any health care practitioner to whom rec…
Fla. Stat. § 456.0575 Duty to notify patients
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(1) Every licensed health care practitioner shall inform each patient, or an individual identified pursuant to s. 765.401(1), in person about adverse incidents that result in serious harm to the patient. Notification of outcomes of care that result in harm to the patient under th…
Fla. Stat. § 456.058 Disposition of records of deceased practitioners or practitioners relocating or terminating practice
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Each board created under the provisions of chapter 457, chapter 458, chapter 459, chapter 460, chapter 461, chapter 463, part I of chapter 464, chapter 465, chapter 466, part I of chapter 484, chapter 486, chapter 490, or chapter 491, and the department under the provisions of ch…
Fla. Stat. § 456.059 Communications confidential; exceptions
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Communications between a patient and a psychiatrist, as defined in s. 394.455, shall be held confidential and may not be disclosed except upon the request of the patient or the patient’s legal representative. Provision of psychiatric records and reports is governed by s. 456.057.…
Fla. Stat. § 456.061 Practitioner disclosure of confidential information; immunity from civil or criminal liability
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(1) A practitioner regulated through the Division of Medical Quality Assurance of the department shall not be civilly or criminally liable for the disclosure of otherwise confidential information to a sexual partner or a needle-sharing partner under the following circumstances:(a…
Fla. Stat. § 456.062 Advertisement by a health care practitioner of free or discounted services; required statement
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In any advertisement for a free, discounted fee, or reduced fee service, examination, or treatment by a health care practitioner licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, chapter 464, chapter 465, chapter 466, chapter 467, chapte…
Fla. Stat. § 456.063 Sexual misconduct; disqualification for license, certificate, or registration
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(1) Sexual misconduct in the practice of a health care profession means violation of the professional relationship through which the health care practitioner uses such relationship to engage or attempt to engage the patient or client, or an immediate family member, guardian, or r…
Fla. Stat. § 456.0635 Health care fraud; disqualification for license, certificate, or registration
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(1) Health care fraud in the practice of a health care profession is prohibited.(2) Each board within the jurisdiction of the department, or the department if there is no board, shall refuse to admit a candidate to any examination and refuse to issue a license, certificate, or re…
Fla. Stat. § 456.065 Unlicensed practice of a health care profession; intent; cease and desist notice; penalties; enforcement; citations; fees; allocation and disposition of moneys collected
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(1) It is the intent of the Legislature that vigorous enforcement of licensure regulation for all health care professions is a state priority in order to protect Florida residents and visitors from the potentially serious and dangerous consequences of receiving medical and health…
Fla. Stat. § 456.066 Prosecution of criminal violations
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The department or the appropriate board shall report any criminal violation of any statute relating to the practice of a profession regulated by the department or appropriate board to the proper prosecuting authority for prompt prosecution.
Fla. Stat. § 456.067 Penalty for giving false information
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In addition to, or in lieu of, any other discipline imposed pursuant to s. 456.072, the act of knowingly giving false information in the course of applying for or obtaining a license from the department, or any board thereunder, with intent to mislead a public servant in the perf…
Fla. Stat. § 456.068 Toll-free telephone number for reporting of complaints
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The Agency for Health Care Administration shall establish a toll-free telephone number for public reporting of complaints relating to medical treatment or services provided by health care professionals.
Fla. Stat. § 456.069 Authority to inspect
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In addition to the authority specified in s. 465.017, duly authorized agents and employees of the department shall have the power to inspect in a lawful manner at all reasonable hours:(1) Any pharmacy; or(2) Any establishment at which the services of a licensee authorized to pres…
Fla. Stat. § 456.071 Power to administer oaths, take depositions, and issue subpoenas
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For the purpose of any investigation or proceeding conducted by the department, the department shall have the power to administer oaths, take depositions, make inspections when authorized by statute, issue subpoenas which shall be supported by affidavit, serve subpoenas and other…
Fla. Stat. § 456.072 Grounds for discipline; penalties; enforcement
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(1) The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:(a) Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.(b) Intentionally violating any r…
Fla. Stat. § 456.073 Disciplinary proceedings
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Disciplinary proceedings for each board shall be within the jurisdiction of the department.(1) The department, for the boards under its jurisdiction, shall cause to be investigated any complaint that is filed before it if the complaint is in writing, signed by the complainant, an…
Fla. Stat. § 456.074 Certain health care practitioners; immediate suspension of license
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(1) The department shall issue an emergency order suspending the license of any health care practitioner who pleads guilty to, is convicted or found guilty of, or enters a plea of nolo contendere to, regardless of adjudication, any of the following:(a) A felony under chapter 409,…
Fla. Stat. § 456.075 Criminal proceedings against licensees; appearances by department representatives
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In any criminal proceeding against a person licensed by the department to practice a health care profession in this state, a representative of the department may voluntarily appear and furnish pertinent information, make recommendations regarding specific conditions of probation,…
Fla. Stat. § 456.076 Impaired practitioner programs
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(1) As used in this section, the term:(a) “Consultant” means the individual or entity who operates an approved impaired practitioner program pursuant to a contract with the department and who is retained by the department as provided in subsection (2).(b) “Evaluator” means a stat…
Fla. Stat. § 456.077 Authority to issue citations
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(1) Notwithstanding s. 456.073, the board, or the department if there is no board, shall adopt rules to permit the issuance of citations. The citation shall be issued to the subject and shall contain the subject’s name and address, the subject’s license number if applicable, a br…
Fla. Stat. § 456.078 Mediation
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(1) Notwithstanding the provisions of s. 456.073, the board, or the department when there is no board, shall adopt rules to designate which violations of the applicable professional practice act are appropriate for mediation. The board, or the department when there is no board, s…
Fla. Stat. § 456.079 Disciplinary guidelines
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(1) Each board, or the department if there is no board, shall adopt by rule and periodically review the disciplinary guidelines applicable to each ground for disciplinary action which may be imposed by the board, or the department if there is no board, pursuant to this chapter, t…
Fla. Stat. § 456.081 Publication of information
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The department and the boards shall have the authority to advise licensees periodically, through the publication of a newsletter on the department’s website, about information that the department or the board determines is of interest to the industry. The department and the board…
Fla. Stat. § 456.082 Disclosure of confidential information
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(1) No officer, employee, or person under contract with the department, or any board therein, or any subject of an investigation shall convey knowledge or information to any person who is not lawfully entitled to such knowledge or information about any public meeting or public re…
Fla. Stat. § 456.36 Health care professionals; exemption from disqualification from employment or contracting
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Any other provision of law to the contrary notwithstanding, only the appropriate regulatory board, or the department when there is no board, may grant an exemption from disqualification from employment or contracting as provided in s. 435.07 to a person under the licensing jurisd…
Fla. Stat. § 456.38 Practitioner registry for disasters and emergencies
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The Department of Health may include on its forms for the licensure or certification of health care practitioners, as defined in s. 456.001, who could assist the department in the event of a disaster a question asking if the practitioner would be available to provide health care …
Fla. Stat. § 456.41 Complementary or alternative health care treatments
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(1) LEGISLATIVE INTENT.—It is the intent of the Legislature that citizens be able to make informed choices for any type of health care they deem to be an effective option for treating human disease, pain, injury, deformity, or other physical or mental condition. It is the intent …
Fla. Stat. § 456.42 Written prescriptions for medicinal drugs
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(1) A written prescription for a medicinal drug issued by a health care practitioner licensed by law to prescribe such drug must be legibly printed or typed so as to be capable of being understood by the pharmacist filling the prescription; must contain the name of the prescribin…
Fla. Stat. § 456.43 Electronic prescribing for medicinal drugs
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(1) Electronic prescribing may not interfere with a patient’s freedom to choose a pharmacy.(2) Electronic prescribing software may not use any means or permit any other person to use any means to influence or attempt to influence, through economic incentives or otherwise, the pre…
Fla. Stat. § 456.44 Controlled substance prescribing
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(1) DEFINITIONS.—As used in this section, the term:(a) “Acute pain” means the normal, predicted, physiological, and time-limited response to an adverse chemical, thermal, or mechanical stimulus associated with surgery, trauma, or acute illness. The term does not include pain rela…
Fla. Stat. § 456.4501 Interstate Medical Licensure Compact
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The Interstate Medical Licensure Compact is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:SECTION 1PURPOSEIn order to strengthen access to health care, and in recognition of the adv…
Fla. Stat. § 456.4502 Interstate Medical Licensure Compact; disciplinary proceedings
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A physician licensed pursuant to chapter 458, chapter 459, or s. 456.4501 whose license is suspended or revoked by this state pursuant to the Interstate Medical Licensure Compact as a result of disciplinary action taken against the physician’s license in another state must be gra…
Fla. Stat. § 456.4503 Interstate Medical Licensure Compact Commission; public records and meetings exemptions
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(1) A physician’s personal identifying information, other than the physician’s name, licensure status, or licensure number, obtained from the coordinated information system described in Section 7 of s. 456.4501 and held by the department, the Board of Medicine, or the Board of Os…
Fla. Stat. § 456.4504 Interstate Medical Licensure Compact rules
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The department may adopt rules to implement the Interstate Medical Licensure Compact.
Fla. Stat. § 456.47 Use of telehealth to provide services
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(1) DEFINITIONS.—As used in this section, the term:(a) “Telehealth” means the use of synchronous or asynchronous telecommunications technology by a telehealth provider to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, …
Fla. Stat. § 456.50 Repeated medical malpractice
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(1) For purposes of s. 26, Art. X of the State Constitution and ss. 458.331(1)(t), (4), and (5) and 459.015(1)(x), (4), and (5):(a) “Board” means the Board of Medicine, in the case of a physician licensed pursuant to chapter 458, or the Board of Osteopathic Medicine, in the case …
Fla. Stat. § 456.51 Consent for pelvic examinations
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(1) As used in this section, the term “pelvic examination” means a manual examination of the organs of the female reproductive system using the health care provider’s gloved hand or instrumentation. The term does not include a visual assessment, imaging, or a nondiagnostic medica…
Fla. Stat. § 456.52 Sex-reassignment prescriptions and procedures; prohibitions; informed consent
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(1) Sex-reassignment prescriptions and procedures are prohibited for patients younger than 18 years of age, except that:(a) The Board of Medicine and the Board of Osteopathic Medicine shall, within 60 days after May 17, 2023, adopt emergency rules pertaining to standards of pract…
Fla. Stat. § 456.61 Use of free speech by a health care practitioner; prohibition
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(1) A board, or the department if there is no board, may not take disciplinary action against a health care practitioner’s license or deny a license to an individual solely because the individual has spoken or written publicly about a health care service or public policy, includi…
Fla. Stat. § 456.62 Communication of COVID-19 treatment alternatives
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(1) A health care practitioner treating a patient diagnosed with COVID-19 shall obtain the informed consent of the patient or the patient’s legal representative before prescribing any medication for the treatment of COVID-19.(2) To obtain informed consent, the health care practit…