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 active48license in another state, he or she shall submit evidence of the49active licensed practice of medicine in another jurisdiction in50which initial licensure must have occurred no more than 5 years51after the applicant obtained a passing score on the examination52conducted by the National Board of Medical Examiners or other53substantially similar examination approved by the board;54however, such practice of osteopathic medicine may have been55interrupted for a period totaling no more than 2 years or for a56longer period if the board determines that the interruption of57the osteopathic physician’s practice of osteopathic medicine for58such longer period has not adversely affected the osteopathic59physician’s present ability and fitness to practice osteopathic60medicine.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,69house 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,assistant72resident 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,assistant84resident 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, 99assistant 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.