Fla. Stat. 458.309
Rulemaking authority


(1)

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.

(2)(a)

Any rules which the board adopts relating to the classroom phase of medical education shall not apply to any person who is enrolled in the classroom phase of medical education or has graduated prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.
Any rules which the board adopts relating to the clinical clerkship phase of medical education shall not apply to any person who is enrolled in the clinical clerkship phase of medical education prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.
Rules adopted by the Florida Board of Medical Examiners prior to October 1, 1986, and relating to clinical clerkships for graduates of foreign medical schools do not apply to any such graduate who:
Had completed a clinical clerkship prior to the effective date of the rule; or
Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete.
Any rules which the board adopts relating to residency shall not apply to any person who has begun his or her residency prior to or at the time the rule becomes effective, so long as such person does not interrupt the residency.

(2)(a)

Any rules which the board adopts relating to the classroom phase of medical education shall not apply to any person who is enrolled in the classroom phase of medical education or has graduated prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.

(b)1.

Any rules which the board adopts relating to the clinical clerkship phase of medical education shall not apply to any person who is enrolled in the clinical clerkship phase of medical education prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.Rules adopted by the Florida Board of Medical Examiners prior to October 1, 1986, and relating to clinical clerkships for graduates of foreign medical schools do not apply to any such graduate who:
Had completed a clinical clerkship prior to the effective date of the rule; or
Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete.
(b)1. Any rules which the board adopts relating to the clinical clerkship phase of medical education shall not apply to any person who is enrolled in the clinical clerkship phase of medical education prior to or at the time the rule becomes effective, so long as such person does not interrupt his or her medical education.
2. Rules adopted by the Florida Board of Medical Examiners prior to October 1, 1986, and relating to clinical clerkships for graduates of foreign medical schools do not apply to any such graduate who:a. Had completed a clinical clerkship prior to the effective date of the rule; orb. Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete.
a. Had completed a clinical clerkship prior to the effective date of the rule; or
b. Had begun a clinical clerkship but had not completed the clinical clerkship prior to the effective date of the rule, so long as the clinical clerkship took no longer than 3 years to complete.

(c)

Any rules which the board adopts relating to residency shall not apply to any person who has begun his or her residency prior to or at the time the rule becomes effective, so long as such person does not interrupt the residency.

Source: Section 458.309 — Rulemaking authority, https://www.­flsenate.­gov/Laws/Statutes/2024/0458.­309 (accessed Aug. 7, 2025).

458.301
Purpose
458.303
Provisions not applicable to other practitioners
458.305
Definitions
458.307
Board of Medicine
458.309
Rulemaking authority
458.310
Restricted licenses
458.311
Licensure by examination
458.313
Licensure by endorsement
458.314
Certification of foreign educational institutions
458.315
Temporary certificate for practice in areas of critical need
458.316
Public health certificate
458.317
Limited licenses
458.319
Renewal of license
458.320
Financial responsibility
458.321
Inactive status
458.323
Itemized patient billing
458.324
Breast cancer
458.325
Electroconvulsive and psychosurgical procedures
458.326
Intractable pain
458.327
Penalty for violations
458.328
Office surgeries
458.329
Sexual misconduct in the practice of medicine
458.331
Grounds for disciplinary action
458.335
Prescription or administration of dimethyl sulfoxide (DMSO)
458.336
Drugs to treat obesity
458.337
Reports of disciplinary actions by medical organizations and hospitals
458.339
Physician’s consent
458.341
Search warrants for certain violations
458.343
Subpoena of certain records
458.345
Registration of resident physicians, interns, and fellows
458.347
Physician assistants
458.348
Formal supervisory relationships, standing orders, and established protocols
458.351
Reports of adverse incidents in office practice settings
458.3115
Restricted license
458.3129
Interstate Medical Licensure Compact
458.3135
Temporary certificate for visiting physicians to practice in approved cancer centers
458.3137
Temporary certificate for visiting physicians to obtain medical privileges for instructional purposes in conjunction with certain plastic surgery or other medical or surgical training programs and educational symposiums
458.3145
Medical faculty certificate
458.3147
Medical school eligibility of military academy students or graduates
458.3151
Temporary certificate for active duty military and veterans practicing in areas of critical need
458.3165
Public psychiatry certificate
458.3175
Expert witness certificate
458.3191
Physician survey
458.3192
Analysis of survey results
458.3193
Confidentiality of certain information contained in physician workforce surveys
458.3255
Electronic-communications diagnostic-imaging or treatment services
458.3265
Pain-management clinics
458.3295
Concerted effort to refuse emergency room treatment to patients
458.3311
Emergency procedures for disciplinary action
458.3312
Specialties
458.3475
Anesthesiologist assistants
458.3485
Medical assistant

Current through Fall 2025

§ 458.309. Rulemaking authority's source at flsenate​.gov