459.18 459.19 459.20 459.21 Penalty for violations. Renewal of licenses to practice osteopathic medicine. 459.221 Prohibited practice by hospital residents and interns; temporary certificates. 459.01 Definition "osteopathic medicine."-The term "osteopathic medicine" as used in this chapter is the name of that system or school of medicine which is taught and practiced in the standard colleges of osteopathy and surgery as set forth in this chapter. History. 1, ch. 12287, 1927; CGL 3417. -458.16 Furnishing copies of mental or physical examination reports. 459.02 License required.—It is unlawful for any person to practice osteopathic medicine and surgery without a license. History.-2, ch. 12287, 1927; CGL 3418. Cf. 458.14, Lettering at entrance to office required showing branch of medical or healing art practiced. § 459.18, Penalty provided. 459.03 Chapter not applicable to practice of medicine, surgery and chiropractic. The practice of medicine, surgery and chiropractic by duly licensed practitioners under the laws of this state, shall in no way be affected by the provisions of this chapter. History. § 3, ch. 12287, 1927; CGL 3419. Cf. Ch. 458, Regulating physicians. Ch. 460, Regulating practice of chiropractic. 459.04 New license or certificate issued to former holders.-The holder of a license or certificate heretofore issued under the laws of this state authorizing the practice of osteopathy shall present to the board said license or certificate and a new license or certificate under this chapter shall be issued to the holder thereof. History.—§ 4, ch. 12287, 1927; CGL 3420. 459.05 State board of osteophatic medical examiners; organization; quorum; powers and duties.-The state board of osteopathic examiners 'shall be composed of six members of whom the governor shall appoint or re-appoint two examiners each year who shall be regularly licensed osteopathic physicians in good standing in this state, and who have been so engaged for a period of at least two years immediately prior to their appointment, and who shall serve for a term of three years from the termination of the now existing terms. But each examiner shall continue in office until his successor is appointed. Annually, on the first Tuesday in October, the board shall meet in annual meeting and elect a chairman, vice-chairman, secretary and treasurer as officers for the ensuing year. A majority of the board shall constitute a quorum. The said examiners shall be known as and constitute the state board of osteopathic medical examiners, referred to in this chapter as the board. The board shall have and use a common seal and have all the rights and powers to make and adopt all necessary rules and regulations and by-laws relating to the enforcement of the provisions of this chapter and not inconsistent herewith. Examination shall be made at least twice a year, at the time and place fixed by the board, of which examination all applicants shall be notified in writing. History. § 5, ch. 12287, 1927; CGL 3421. 459.06 Requirements for applicant for examination.—Each applicant for the examination provided in this chapter shall comply with the following require ments: (1) Make application for examination on blank forms prepared and furnished by the state board of osteopathic medical examiners. (2) Submit evidence verified on oath and satisfactory to the board that applicant is twenty-one years of age or over. (3) Be of good moral character. (4) Be a citizen of the United States. (5) Be a graduate of a legally incorporated college of osteopathy and surgery maintaining a standard satisfactory to the board. (6) Must have had two years of pre-professional education if matriculated in a college of osteopathy on or after 1948. If he has been graduated from a college of osteopathy subsequent to 1948, he must have served a resident internship of not less than twelve months in a hospital in Florida approved for this purpose by the state board of osteopathic medical examiners, or if resident internship shall have been served for such period in a hospital elsewhere, such hospital must also have been approved by this board. (7) Must have a certificate of proficiency from the Florida board of examiners in the basic sciences. (8) Pay, in advance to the board, fees as follows: (a) For examination of an osteopathic physician and surgeon. (b) For issuance of license_- $25.00 25.00 (c) For the license of one applying therefor under the provisions of § 459.11 hereof__ 25.00 All fees collected, including renewal fees as provided in § 459.19, shall be deposited pursuant to the provisions of § 215.37. History. § 6, ch. 12287, 1927; CGL 3422; § 88, ch. 26869, 1951; § 1, ch. 28162, § 6, ch. 28215, 1953; § 4, ch. 61-514. Cf. § 456.03, Certificate of proficiency in the basic sciences. 459.07 Standards of professional education for osteopaths.-Standards of professional education are fixed as follows: To practice as an osteopathic physician and surgeon : The applicant shall be a graduate of a professional school or college of osteopathy which requires as a prerequisite to graduation a four years' course of nine months each, covering the standard curriculum, as defined in § 459.08, and giving instructions in all the subjects necessary to educate a thoroughly competent general osteopathic physician and surgeon, including obstetrics and surgery, and embodying instructions in anesthetics, antiseptics, germicides, parasiticides, narcotics, and antidotes, to teach principles of surgery and surgical diagnosis leading to the degree of osteopathic physician or doctor of osteopathy. Physicians and surgeons of the osteopathic school of medicine are to have all rights and to be of equal rank and grade as the physicians and surgeons of the other three schools of medicine designated as allopathic, homeopathic and eclectic. Provided, however, that no esteopathic physician licensed under this chapter shall practice major surgery who has not had a four year course in an accredited osteopathic school or college, or equivalent thereof. History. § 7, ch. 12287, 1927; CGL 3423; § 1, ch. 57-241. 459.08 College of osteopathy defined. The term standard college of osteopathy is defined as follows: A legally chartered osteopathic college requiring before granting the degree of doctor of osteopathy, an actual attendance at such osteopathic college of at least thirty-six months or four terms of nine months each, its course of study to include the subjects as follows: Anatomy (descriptive, regional, applied, surgical and dissection). Embryology. Chemistry (advanced to include organic and physiological chemistry and toxicology). Histology. Physiology. Bacteriology. Hygiene. Hydrotherapy. X-radiance and electrical diagnosis. Dietetics. Practice of osteopathic medicine: (1) Principles of osteopathy. (2) Practice of osteopathic medicine: therapeutics, to include diseases of nervous system, alimentary tract, heart and vascular system, genitourinary diseases, ductless glands and metabolism, respiratory tract, bone, and joint diseases. (3) Corrective gymnastics, physiotherapy. (4) Acute and infectious diseases, pediatrics, dermatology, syphilis, psychiatry, diagnosis (physical, laboratory and differential), clinical surgery. Eye, ear, nose and throat. Gynecology. Obstetrics. Professional ethics and efficiency. Medical jurisprudence. And all such other subjects as may be required and taught by standard colleges of osteopathy and surgery. History. 8, ch. 12287, 1927; CGL 3424. 459.081 Board to determine whether osteopathic hospitals, colleges, maintain satisfactory standards. (1) The state board of osteopathic medical examiners may pass upon the good standing and reputability of any osteopathic school or college and determine those which maintain a standard of training sufficient to admit their graduates to the examinations given by the said board. (2) The said board may also pass upon the good standing and reputability of any osteopathic hospital and determine those which maintain a standard of training sufficient to be recognized by the board when considering examinations given by the said board. (3) In determining the good standing and reputation of osteopathic schools and colleges, and of hospitals, as aforesaid, the board may investigate and make a personal inspection thereof, or delegate to one or more of its members or any other duly qualified person or persons, the power and authority to make such investigation for the board and report their conclusions to the board. The board may, if satisfied of the correctness of the same upon investigation, adopt inspections of osteopathic schools and colleges and hospitals made by, or under the authority of, the American osteopathic association or other nationwide groups. History.-Comp. § 1-3, ch. 28295, 1953. 459.09 Examination of osteopathic physicians and surgeons.-The examination of those who desire to practice as osteopathic physicians and surgeons shall embrace those general subjects and topics as set forth in the regulations of the state board of osteopathic medical examiners, pursuant to § 459.08, as found by that board to be taught in standard colleges of osteopathy; and a knowledge of which subjects is commonly and generally required of candidates for the degree of doctor of osteopathy at such colleges. History. 9, ch. 12287, 1927; CGL 3425; am. § 2, ch. 28162, 1953. 459.10 License to issue to applicant passing examination.-Each applicant who successfully passed the examination shall be entitled to a license, which carries with it the title doctor and physician with rights as defined in § 459.07. History.- 10, ch. 12287, 1927; CGL 3426. 459.11 Board may issue license to United States army, navy and public health service osteopaths.-The state board of osteopathic medical examiners may issue a license without examination to an osteopathic physician who is a graduate of a standard college of osteopathy and who has passed an examination for admission into the medical corps of the United States army, United States navy, or the United States public health service; provided: (1) The applicant is of good moral character; (2) The requirements to practice in the state, territory, country or province in which the applicant is already licensed be equal to those of this state; (3) The applicant shall be required to pay the same fees as licentiates by examination. The board shall not issue a license without examination except as hereinbefore in this section provided. History. § 11, ch. 12287, 1927; CGL 3427. 459.12 License to be displayed.-Every holder of a license shall display it in a conspicuous place in his principal office, place of business or employment. History. § 12, ch. 12287, 1927; CGL 3428. Cf. § 458.14, Lettering at entrance to office required showing branch of medical or healing art practiced. § 459.17, Requiring registration certificate to be displayed. 459.13 Privileges and obligations of osteopaths.—Osteopathic physicians and surgeons 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 shall be accepted by the officers of the departments to which the same are made. Osteopathic physicians and surgeons licensed under this chapter shall have the same rights as physicians and surgeons of other schools of medicine with respect to the treatment of cases or holding of offices in public institutions. It is the intent and purpose of this chapter to grant to osteopathic physicians and surgeons the right to practice as taught and practiced in the standard colleges of osteopathy. History.-13, ch. 12287, 1927; CGL 3429. 459.14 Refusal and revocation of license. The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes: (1) Conviction of a felony, as shown by a certified copy of the record of the court of conviction. (2) The obtaining of, or an attempt to obtain a license, or practice in the profession, or money or any other things of value, by fradulent misrepresentations. (3) Gross malpractice. (4) Continued practice by a person knowingly having an infectious or contagious disease. (5) Advertising by means of knowingly false or deceptive statements. (6) Advertising, practicing, or attempting to practice under a name other than one's own. (7) Habitual drunkenness, or habitual addiction to the use of morphine, cocaine, or other habit forming drugs. The board may neither refuse to issue, nor to renew, nor suspend, nor revoke any license, however, for any of these causes, unless the person accused has been given at least twenty days' notice in writing of the charge against him and a public hearing by the board. The board may compel the attendance of witnesses and the production of relevant books and papers for the investigation of matters that may come before them and the presiding officer of said board may administer the requisite oaths and such board shall have the same authority to compel the giving of testimony as is conferred on courts of justice. History. § 14, ch. 12287, 1927; CGL 3430. 459.15 Board to keep records.-The board shall keep a record, which shall be open to public inspection at all reasonable times, of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of license to practice osteopathic medicine. This record shall also contain the name, place of business and residence, and the date and number of the license of every registered osteopathic physician. History. § 16, ch. 12287, 1927; CGL 3431. 459.16 Certificate to be recorded. The certification provided for in this chapter shall, before the person to whom it is granted is entitled to practice by virtue thereof, be recorded in the office of the clerk of the circuit court in the county in which such practitioner may reside or sojourn in a book to be kept by the clerk for that purpose, and when so recorded, the clerk shall certify thereon, under his official seal, the fact and date of such record, and shall return such certificate to the person to whom the same was granted, and shall be entitled, for such service, to collect from the holder of such certificate, the legal fee for recording. History.-§ 17, ch. 12287, 1927; CGL 3432. 459.17 Registration of osteopaths; state board of health.-Annual registrations of persons licensed to practice osteopathic medicine pursuant to this chapter shall be made with the state board of health as provided in § 381.401. History.- 18, ch. 12287, 1927; CGL 3433; am. § 7, ch. 22858, 1945; § 3, ch. 61–129. 459.18 Penalty for violations.-Each of the following acts constitutes a misdemeanor, punishable upon conviction by a fine or not less than twenty-five dollars nor more than two hundred dollars. (1) The practice of osteopathic medicine or an attempt to practice osteopathic medicine without a license. (2) The obtaining of, or an attempt to obtain a license, or practicing the profession for money or any other thing of value, by fraudulent misrepresentation. (3) The making of any willfully false oath or affirmation whenever an oath or affirmation is required by this chapter. (4) Advertising, practicing or attempting to practice under a name other than one's own. History. § 15, ch. 12287, 1927; CGL 7706. Cf. § 458.14, What sign at office entrance shall show. 459.19 Renewal of licenses to practice osteopathic medicine.— (1) Each license holder under chapter 459 shall be required annually to attend a two-day refresher educational program approved by the state board of osteopathic medical examiners, (2) The board shall approve refresher training fulfilling the following qualifications: (a) At least two days of five hours each duration; and (b) Presenting professional refresher training in various branches of the healing art, as practiced by physicians and surgeons holding the degree of doctor of osteopathy. (3) Each license holder shall renew his certificate annually in the following manner: (a) By furnishing to the board satisfactory evidence of having completed an approved refresher course of education; and (b) By payment of a renewal fee of ten dollars. (4) License holders shall be excused from the educational requirements of this section in any year in which no educational program meeting the requirements of this section is conducted within the state. (5) The educational program conducted annually in Florida by the Florida osteopathic medical association may be a sufficient educational program to meet the educational program of this law. (6) The board shall notify each license holder by mail, at least thirty days prior to January 1 of each year, of the necessity of renewing his license. History. § 1, ch. 19066, 1939; CGL 1940 Supp; 3434(1); § 1, ch. 20629, 1941; § 3, ch. 57-241; (3) (a) by § 13, ch. 59-1. 459.20 Suspension of licenses and payment of restoration fee.— (1) The failure of the holder of a license to renew his license shall operate, without notice, as an automatic suspension of the rights and privileges granted by the issuance of the license. (2) A license suspended for failure to make an annual renewal may be reinstated by the board upon compliance of the license holder with the following: (a) Presentation to the board of satisfactory evidence of refresher educational training of the standard required by § 459.19 in the year in which application for reinstatement of the license is made; and (b) Payment of all fees that would have been paid had the license holder maintained his license in good standing, plus a special reinstatement fee of ten dollars. History. § 2, ch. 20629, 1941; § 4, ch. 57-241. 459.21 Compensation and expenses.-The expenses of the administration of this chapter shall be confined to the usual and customary office expenditures consisting of stenographic services, supplies, printing and postage. The secre tary and treasurer of said board shall receive such reasonable compensation as shall be fixed by said board by resolution regularly adopted. Each member of the board shall receive twenty-five dollars per day, or any part of a day, while attending official board meetings and in addition shall receive per diem and mileage as provided in § 112.061, from place of his residence to place of meeting and return. All expenditures shall be pursuant to the provisions of § 215.37 and shall be paid upon presentation of vouchers approved by the chairman and secretary of said board. History. § 3, ch. 20629, 1941; § 89, ch. 26869, 1951; am. § 3, ch. 28162, 1953; § 4. ch. 61-514. Cf. § 215.37 Examining and licensing boards to be financed from fees collected: moneys deposited in trust funds; ten per cent to general revenue fund; appropriation. § 216.211 Appropriations, maximum; adjustment of budgets; state budget com§ 455.03 Dispensing with examination of veterans. mission. 459.221 Prohibited practice by hospital residents and interns; temporary certificates. (1) It shall be unlawful for any person who holds a degree of doctor of osteopathy conferred by a standard college of osteopathy, but who does not hold a license to practice osteopathic medicine under chapter 459, to serve as a resi dent or as an intern in an osteopathic hospital, unless such person has registered with the state board of osteopathic medical examiners and has received from the board a temporary certificate evidencing the right of such a person to undertake the residency or internship. Such a temportary certificate may not be issued for a period in excess of one year, but may be renewed by the board from time to time. (2) No person shall hold a certificate or certificates under this law for an aggregate of more than four years. (3) Every osteopathic hospital having a resident or intern training program shall furnish, in January and July of each year, to the board a list of all resi |