Chapter 459 — Chapter 459
41 sections in this chapter.
Fla. Stat. § 459.001 Purpose
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The Legislature recognizes that the practice of osteopathic medicine is potentially dangerous to the public if conducted by unsafe and incompetent practitioners. The Legislature finds further that it is difficult for the public to make an informed choice when selecting an osteopa…
Fla. Stat. § 459.002 Chapter not applicable to practice of medicine, surgery, chiropractic medicine, etc
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(1) The provisions of this chapter shall have no application to:(a) Duly licensed health care practitioners, other than osteopathic physicians and their physician assistants, acting within their scope of practice authorized by statute.(b) Any physician lawfully licensed in anothe…
Fla. Stat. § 459.003 Definitions
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As used in this chapter:(1) “Board” means the Board of Osteopathic Medicine.(2) “Department” means the Department of Health.(3) “Practice of osteopathic medicine” means the diagnosis, treatment, operation, or prescription for any human disease, pain, injury, deformity, or other p…
Fla. Stat. § 459.004 Board of Osteopathic Medicine
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(1) There is created within the department the Board of Osteopathic Medicine, composed of seven members appointed by the Governor and confirmed by the Senate.(2) Five members of the board must be licensed osteopathic physicians in good standing in this state who are residents of …
Fla. Stat. § 459.005 Rulemaking authority
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The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter conferring duties upon it.
Fla. Stat. § 459.0055 General licensure requirements
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(1) Except as otherwise provided herein, any person desiring to be licensed or certified as an osteopathic physician pursuant to this chapter shall:(a) Complete an application form and submit the appropriate fee to the department;(b) Be at least 21 years of age;(c) Be of good mor…
Fla. Stat. § 459.0066 Expert witness certificate
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(1)(a) The department shall issue a certificate authorizing a physician who holds an active and valid license to practice osteopathic medicine in another state or a province of Canada to provide expert testimony in this state, if the physician submits to the department:1. A compl…
Fla. Stat. § 459.0075 Limited licenses
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(1) PHYSICIANS LICENSED IN UNITED STATES JURISDICTIONS.—(a) Any person desiring to obtain a limited license under this subsection must:1. Submit to the board a licensure application and fee required by this chapter. However, an osteopathic physician who is not fully retired in al…
Fla. Stat. § 459.0076 Temporary certificate for practice in areas of critical need
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(1) A physician or physician assistant who holds a valid license to practice in any jurisdiction of the United States may be issued a temporary certificate for practice in areas of critical need. A physician seeking such certificate must pay an application fee of $300.(2) A tempo…
Fla. Stat. § 459.00761 Temporary certificate for active duty military and veterans practicing in areas of critical need
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(1) A certificate issued pursuant to this section may be cited as the “Rear Admiral LeRoy Collins, Jr., Temporary Certificate for Practice in Areas of Critical Need.”(2) The board may issue a temporary certificate to a physician who complies with subsection (3) and who will:(a) P…
Fla. Stat. § 459.0077 Osteopathic faculty certificate
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(1) The department may issue an osteopathic faculty certificate without examination to an individual who remits an application fee, as set by the board, who demonstrates to the board that she or he is currently licensed to practice osteopathic medicine in another jurisdiction in …
Fla. Stat. § 459.008 Renewal of licenses and certificates
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(1) The department shall renew a license or certificate upon receipt of the renewal application and fee. An applicant for a renewed license must also submit the information required under s. 456.039 to the department on a form and under procedures specified by the department, alo…
Fla. Stat. § 459.0081 Physician survey
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(1) Each person who applies for licensure renewal as a physician under chapter 458 or this chapter must, in conjunction with the renewal of such license under procedures adopted by the Department of Health and in addition to any other information that may be required from the app…
Fla. Stat. § 459.0082 Analysis of survey results; report
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(1) Each year, the Department of Health shall analyze the results of the physician survey required by s. 459.0081 and determine by geographic area and specialty the number of physicians who:(a) Perform deliveries of children in this state.(b) Read mammograms and perform breast-im…
Fla. Stat. § 459.0083 Confidentiality of certain information contained in physician workforce surveys
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All personal identifying information contained in records provided by physicians licensed under chapter 458 or this chapter in response to physician workforce surveys required as a condition of license renewal and held by the Department of Health is confidential and exempt from s…
Fla. Stat. § 459.0085 Financial responsibility
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(1) As a condition of licensing and maintaining an active license, and prior to the issuance or renewal of an active license or reactivation of an inactive license for the practice of osteopathic medicine, an applicant must by one of the following methods demonstrate to the satis…
Fla. Stat. § 459.009 Inactive status
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(1) A license or certificate that has become inactive may be reactivated under s. 459.008 or s. 459.022 upon application to the department. The board shall prescribe by rule continuing education requirements as a condition of reactivating a license. The continuing education requi…
Fla. Stat. § 459.0092 Fees
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The board shall set fees according to the following schedule:(1) The fee for application or certification pursuant to ss. 459.0055(2), 459.0075, and 459.0077 shall not exceed $500.(2) The fee for application and examination pursuant to s. 459.0055(1)(m) shall not exceed $175 plus…
Fla. Stat. § 459.011 Privileges, obligations, and status of osteopathic physicians
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(1) Osteopathic physicians shall observe and be subject to all state and municipal regulations relative to reporting births and deaths and all matters pertaining to the public health, with equal rights and obligations as physicians of other schools of medicine, and such reports s…
Fla. Stat. § 459.012 Itemized patient statement
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Whenever an osteopathic physician licensed under this chapter renders professional services to a patient, the osteopathic physician is required, upon request, to submit to the patient, the patient’s insurer, or the administrative agency for any federal or state health program und…
Fla. Stat. § 459.0122 Patient records; termination of osteopathic physician’s practice
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The board shall provide by rule for the handling of the medical records of an osteopathic physician licensed under this chapter which pertain to the osteopathic physician’s patients and which are in existence at the time an osteopathic physician sells or otherwise terminates a pr…
Fla. Stat. § 459.0125 Breast cancer; information on treatment alternatives
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(1) DEFINITION.—As used in this section, the term “medically viable,” as applied to treatment alternatives, means modes of treatment generally considered by the medical profession to be within the scope of current, acceptable standards.(2) COMMUNICATION OF TREATMENT ALTERNATIVES.…
Fla. Stat. § 459.013 Penalty for violations
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(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 osteopathic medicine, or an attempt to practice osteopathic medicine, without an active license or certificate issued pursu…
Fla. Stat. § 459.0135 Drugs to treat obesity; rules establishing guidelines
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The Board of Osteopathic Medicine shall adopt rules to establish practice guidelines for physicians to safely prescribe phentermine, fenfluramine, and other drugs used to treat obesity.
Fla. Stat. § 459.0137 Pain-management clinics
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(1) REGISTRATION.—(a)1. As used in this section, the term:a. “Board eligible” means successful completion of an anesthesia, physical medicine and rehabilitation, rheumatology, or neurology residency program approved by the Accreditation Council for Graduate Medical Education or t…
Fla. Stat. § 459.0138 Office surgeries
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(1) REGISTRATION.—(a)1. An office in which a physician performs a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is temporarily or permanently removed, a Level II office surgery, or a Level III office surgery must register with the department.…
Fla. Stat. § 459.0141 Sexual misconduct in the practice of osteopathic medicine
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The osteopathic physician-patient relationship is founded on mutual trust. Sexual misconduct in the practice of osteopathic medicine means violation of the osteopathic physician-patient relationship through which the osteopathic physician uses the relationship to induce or attemp…
Fla. Stat. § 459.0145 Concerted effort to refuse emergency room treatment to patients; penalties
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(1) A physician licensed pursuant to this chapter may not instigate or engage in a concerted effort to refuse or get physicians to refuse to render services to a patient or patients in a hospital emergency room by failing to report for duty, absenting themselves from their positi…
Fla. Stat. § 459.015 Grounds for disciplinary action; action by the board and department
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(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 osteopathic medicine or a certificate issued under this chapter by bribery, by fraudulent…
Fla. Stat. § 459.0151 Emergency procedures for disciplinary action
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Notwithstanding any other provision of law to the contrary, no later than 30 days after a third report of a professional liability claim against a licensed osteopathic physician has been submitted, within a 60-month period, as required by ss. 456.049 and 627.912, the Department o…
Fla. Stat. § 459.0152 Specialties
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An osteopathic physician licensed under this chapter may not hold himself or herself out as a board-certified specialist unless the osteopathic physician has successfully completed the requirements for certification by the American Osteopathic Association or the Accreditation Cou…
Fla. Stat. § 459.016 Reports of disciplinary actions by medical organizations
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(1) The department shall be notified when any osteopathic physician:(a) Has been removed or suspended or has had any other disciplinary action taken by her or his peers within any professional medical association, society, body, or professional standards review organization estab…
Fla. Stat. § 459.017 Osteopathic physician’s consent; handwriting samples; mental or physical examinations
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Every osteopathic physician who accepts a license or certificate to practice osteopathic medicine in this state shall, by so accepting the license or certificate or by making and filing a renewal of licensure or certification to practice in this state, be deemed to have given her…
Fla. Stat. § 459.018 Search warrants for certain violations
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When the department has reason to believe that violations of s. 459.015(1)(t) or (u) have occurred or are occurring, its agents or other duly authorized persons may search an osteopathic physician’s place of practice for purposes of securing such evidence as may be needed for pro…
Fla. Stat. § 459.019 Subpoena of certain records
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Notwithstanding the provisions of s. 456.057, the department may issue subpoenas duces tecum requiring the names and addresses of some or all of the patients of an osteopathic physician against whom a complaint has been filed pursuant to s. 456.073.
Fla. Stat. § 459.021 Registration of resident physicians, interns, and fellows; list of hospital employees; penalty
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(1) Any person who holds a degree of Doctor of Osteopathic Medicine from a college of osteopathic medicine recognized and approved by the American Osteopathic Association who desires to practice as a resident physician, intern, or fellow in fellowship training which leads to subs…
Fla. Stat. § 459.022 Physician assistants
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(1) LEGISLATIVE INTENT.—The purpose of this section is to authorize physician assistants, with their education, training, and experience in the field of medicine, to provide increased efficiency of and access to high-quality medical services at a reasonable cost to consumers.(2) …
Fla. Stat. § 459.023 Anesthesiologist assistants
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(1) DEFINITIONS.—As used in this section, the term:(a) “Anesthesiologist” means an osteopathic physician who holds an active, unrestricted license; who has successfully completed an anesthesiology training program approved by the Accreditation Council on Graduate Medical Educatio…
Fla. Stat. § 459.025 Formal supervisory relationships, standing orders, and established protocols; notice; standards
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(1) NOTICE.—(a) When an osteopathic physician enters into a formal supervisory relationship or standing orders with an emergency medical technician or paramedic licensed pursuant to s. 401.27, which relationship or orders contemplate the performance of medical acts, or when an os…
Fla. Stat. § 459.026 Reports of adverse incidents in office practice settings
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(1) Any adverse incident that occurs in any office maintained by an osteopathic physician for the practice of osteopathic medicine which is not licensed under chapter 395 must be reported to the department in accordance with the provisions of this section.(2) Any osteopathic phys…
Fla. Stat. § 459.074 Interstate Medical Licensure Compact; applicability
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A physician licensed to practice osteopathic medicine under s. 456.4501 is deemed to also be licensed under this chapter.