Florida Senate - 2012                                     SB 414
       
       
       
       By Senator Negron
       
       
       
       
       28-00401A-12                                           2012414__
    1                        A bill to be entitled                      
    2         An act relating to osteopathic physicians; amending s.
    3         459.0055, F.S.; revising the requirements for
    4         licensure or certification as an osteopathic physician
    5         in this state; amending s. 459.021, F.S.; revising
    6         provisions relating to registration of physicians,
    7         interns, and fellows; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (m) of subsection (1) and subsection
   12  (2) of section 459.0055, Florida Statutes, are amended to read:
   13         459.0055 General licensure requirements.—
   14         (1) Except as otherwise provided herein, any person
   15  desiring to be licensed or certified as an osteopathic physician
   16  pursuant to this chapter shall:
   17         (m) Demonstrate that she or he has obtained a passing
   18  score, as established by rule of the board, on all parts of the
   19  examination conducted by the National Board of Osteopathic
   20  Medical Examiners or other examination approved by the board no
   21  more than 5 years before making application in this state or, if
   22  holding a valid active license in another state, that the
   23  initial licensure in the other state occurred no more than 5
   24  years after the applicant obtained a passing score on the
   25  examination conducted by the National Board of Osteopathic
   26  Medical Examiners or other substantially similar examination
   27  approved by the board.
   28         (2) If the applicant holds a valid active license in
   29  another state and it has been more than 2 years since the active
   30  practice of osteopathic medicine, or if an applicant does not
   31  hold a valid active license to practice osteopathic medicine in
   32  another state and it has been more than 2 years since completion
   33  of a resident internship, residency, or fellowship, and the
   34  board determines that the applicant may lack clinical
   35  competency, possess diminished or inadequate skills, lack
   36  necessary medical knowledge, or exhibit patterns of deficits in
   37  clinical decisionmaking, the board may:
   38         (a) Deny the application;
   39         (b) Issue a license having reasonable restrictions or
   40  conditions that may include, but are not limited to, a
   41  requirement for the applicant to practice under the supervision
   42  of a physician approved by the board; or
   43         (c) Issue a license upon receipt of documentation
   44  confirming that the applicant has met any reasonable conditions
   45  of the board which may include, but are not limited to,
   46  completing continuing education or undergoing an assessment of
   47  skills and training. For an applicant holding a valid active
   48  license in another state, he or she shall submit evidence of the
   49  active licensed practice of medicine in another jurisdiction in
   50  which initial licensure must have occurred no more than 5 years
   51  after the applicant obtained a passing score on the examination
   52  conducted by the National Board of Medical Examiners or other
   53  substantially similar examination approved by the board;
   54  however, such practice of osteopathic medicine may have been
   55  interrupted for a period totaling no more than 2 years or for a
   56  longer period if the board determines that the interruption of
   57  the osteopathic physician’s practice of osteopathic medicine for
   58  such longer period has not adversely affected the osteopathic
   59  physician’s present ability and fitness to practice osteopathic
   60  medicine.
   61         Section 2. Subsections (1), (3), (4), and (6) of section
   62  459.021, Florida Statutes, are amended to read:
   63         459.021 Registration of resident physicians, interns, and
   64  fellows; list of hospital employees; penalty.—
   65         (1) Any person who holds a degree of Doctor of Osteopathic
   66  Medicine from a college of osteopathic medicine recognized and
   67  approved by the American Osteopathic Association who desires to
   68  practice as a resident physician, assistant resident physician,
   69  house physician, intern, or fellow in fellowship training which
   70  leads to subspecialty board certification in this state, or any
   71  person desiring to practice as a resident physician, assistant
   72  resident physician, house physician, intern, or fellow in
   73  fellowship training in a teaching hospital in this state as
   74  defined in s. 408.07(45) or s. 395.805(2), who does not hold an
   75  active license issued under this chapter shall apply to the
   76  department to be registered, on an application provided by the
   77  department, before commencing such a training program and shall
   78  remit a fee not to exceed $300 as set by the board.
   79         (3) Every hospital or teaching hospital having employed or
   80  contracted with or utilized the services of a person who holds a
   81  degree of Doctor of Osteopathic Medicine from a college of
   82  osteopathic medicine recognized and approved by the American
   83  Osteopathic Association as a resident physician, assistant
   84  resident physician, house physician, intern, or fellow in
   85  fellowship training registered under this section shall
   86  designate a person who shall furnish, on dates designated by the
   87  board, in consultation with the department, to the department a
   88  list of all such persons who have served in such hospital during
   89  the preceding 6-month period. The chief executive officer of
   90  each such hospital shall provide the executive director of the
   91  board with the name, title, and address of the person
   92  responsible for filing such reports.
   93         (4) The registration may be revoked or the department may
   94  refuse to issue any registration for any cause which would be a
   95  ground for its revocation or refusal to issue a license to
   96  practice osteopathic medicine, as well as on the following
   97  grounds:
   98         (a) Omission of the name of an intern, resident physician,
   99  assistant resident physician, house physician, or fellow in
  100  fellowship training from the list of employees required by
  101  subsection (3) to be furnished to the department by the hospital
  102  or teaching hospital served by the employee.
  103         (b) Practicing osteopathic medicine outside of a bona fide
  104  hospital training program.
  105         (6) Any person desiring registration pursuant to this
  106  section shall meet all the requirements of s. 459.0055, except
  107  paragraphs (1)(l) and (m).
  108         Section 3. This act shall take effect July 1, 2012.