Florida Senate - 2017                                    SB 1432
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01649-17                                            20171432__
    1                        A bill to be entitled                      
    2         An act relating to access to health care practitioner
    3         services; amending s. 456.013, F.S.; exempting
    4         physicians who provide a certain number of hours of
    5         pro bono services from continuing education
    6         requirements; amending s. 458.310, F.S.; revising the
    7         eligibility criteria for a restricted license;
    8         prohibiting licensure if a restricted licensee
    9         breaches the terms of an employment contract; creating
   10         s. 458.3105, F.S.; establishing a registration program
   11         for volunteer retired physicians; providing
   12         eligibility criteria for such registration; requiring
   13         biennial renewal of registration; authorizing the
   14         Department of Health to waive certain fees;
   15         authorizing the Board of Medicine to deny or revoke
   16         registration for noncompliance with certain
   17         requirements; amending s. 458.311, F.S.; revising the
   18         physician licensure criteria applicable to Canadian
   19         applicants; amending s. 458.319, F.S.; requiring the
   20         department to waive a physician’s license renewal fee
   21         under certain circumstances; creating s. 459.00751,
   22         F.S.; providing legislative intent; authorizing the
   23         Board of Osteopathic Medicine to issue a restricted
   24         license to qualified applicants; providing eligibility
   25         criteria for such license; prohibiting licensure if a
   26         restricted licensee breaches the terms of an
   27         employment contract; creating s. 459.00752, F.S.;
   28         establishing a registration program for volunteer
   29         retired osteopathic physicians; providing eligibility
   30         criteria for such registration; requiring biennial
   31         renewal of registration; authorizing the Department of
   32         Health to waive certain fees; authorizing the Board of
   33         Osteopathic Medicine to deny or revoke registration
   34         for noncompliance with certain requirements; amending
   35         s. 459.008, F.S.; requiring the department to waive an
   36         osteopathic physician’s license renewal fee under
   37         certain circumstances; amending s. 766.1115, F.S.;
   38         revising the definition of the term “low-income” for
   39         purposes of the Access to Health Care Act; providing
   40         an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsection (6) of section 456.013, Florida
   45  Statutes, is republished, and subsection (9) of that section is
   46  amended, to read:
   47         456.013 Department; general licensing provisions.—
   48         (6) As a condition of renewal of a license, the Board of
   49  Medicine, the Board of Osteopathic Medicine, the Board of
   50  Chiropractic Medicine, and the Board of Podiatric Medicine shall
   51  each require licensees which they respectively regulate to
   52  periodically demonstrate their professional competency by
   53  completing at least 40 hours of continuing education every 2
   54  years. The boards may require by rule that up to 1 hour of the
   55  required 40 or more hours be in the area of risk management or
   56  cost containment. This provision shall not be construed to limit
   57  the number of hours that a licensee may obtain in risk
   58  management or cost containment to be credited toward satisfying
   59  the 40 or more required hours. This provision shall not be
   60  construed to require the boards to impose any requirement on
   61  licensees except for the completion of at least 40 hours of
   62  continuing education every 2 years. Each of such boards shall
   63  determine whether any specific continuing education requirements
   64  not otherwise mandated by law shall be mandated and shall
   65  approve criteria for, and the content of, any continuing
   66  education mandated by such board. Notwithstanding any other
   67  provision of law, the board, or the department when there is no
   68  board, may approve by rule alternative methods of obtaining
   69  continuing education credits in risk management. The alternative
   70  methods may include attending a board meeting at which another
   71  licensee is disciplined, serving as a volunteer expert witness
   72  for the department in a disciplinary case, or serving as a
   73  member of a probable cause panel following the expiration of a
   74  board member’s term. Other boards within the Division of Medical
   75  Quality Assurance, or the department if there is no board, may
   76  adopt rules granting continuing education hours in risk
   77  management for attending a board meeting at which another
   78  licensee is disciplined, for serving as a volunteer expert
   79  witness for the department in a disciplinary case, or for
   80  serving as a member of a probable cause panel following the
   81  expiration of a board member’s term.
   82         (9) Any board that currently requires continuing education
   83  for renewal of a license, or the department if there is no
   84  board, shall adopt rules to establish the criteria for
   85  continuing education courses. The rules may provide that up to a
   86  maximum of 25 percent of the required continuing education hours
   87  can be fulfilled by the performance of pro bono services to the
   88  indigent or to underserved populations or in areas of critical
   89  need within the state where the licensee practices. However, a
   90  physician licensed under chapter 458 or chapter 459 who submits
   91  to the department documentation proving that he or she has
   92  completed at least 120 hours of pro bono services within a
   93  biennial licensure period is exempt from the continuing
   94  education requirements established by board rule under
   95  subsection (6). The board, or the department if there is no
   96  board, must require that any pro bono services be approved in
   97  advance in order to receive credit for continuing education
   98  under this subsection. The standard for determining indigency
   99  shall be that recognized by the Federal Poverty Income
  100  Guidelines produced by the United States Department of Health
  101  and Human Services. The rules may provide for approval by the
  102  board, or the department if there is no board, that a part of
  103  the continuing education hours can be fulfilled by performing
  104  research in critical need areas or for training leading to
  105  advanced professional certification. The board, or the
  106  department if there is no board, may make rules to define
  107  underserved and critical need areas. The department shall adopt
  108  rules for administering continuing education requirements
  109  adopted by the boards or the department if there is no board.
  110         Section 2. Subsections (2) and (3) of section 458.310,
  111  Florida Statutes, are amended to read:
  112         458.310 Restricted licenses.—
  113         (2) The board of Medicine may annually, by rule, develop
  114  criteria and, without examination, issue restricted licenses
  115  authorizing the practice of medicine in this state to not more
  116  than 300 persons and to an unlimited number of physicians who
  117  hold active, unencumbered licenses to practice medicine in
  118  Canada if such applicants annually to up to 100 persons to
  119  practice medicine in this state who:
  120         (a)Submit to the department a completed application form
  121  and a nonrefundable application fee not to exceed $50;
  122         (b)(a) Meet the requirements of s. 458.311(1)(b), (c), (d),
  123  and (g). However, a Canadian applicant shall satisfy the
  124  requirement of s. 458.311(1)(g) by providing the board with a
  125  printed or electronic copy of his or her Canadian criminal
  126  history records check;
  127         (c)(b) Show evidence of the active licensed practice of
  128  medicine in another jurisdiction for at least 2 years of the
  129  immediately preceding 4 years, or completion of board-approved
  130  postgraduate training within the year preceding the filing of an
  131  application; and
  132         (d)(c) Enter into a contract to practice for a period of up
  133  to 36 24 months solely in the employ of the state, or a
  134  federally funded community health center, or a migrant health
  135  center; a free clinic that delivers only medical diagnostic
  136  services or nonsurgical medical treatment free of charge to all
  137  low-income residents; or a health care provider in a health
  138  professional shortage area or medically underserved area,
  139  designated by the United States Department of Health and Human
  140  Services, at the current salary level for that position. The
  141  board may of Medicine shall designate other areas of critical
  142  need in the state where these restricted licensees may practice.
  143         (3) Before the end of the contracted 24-month practice
  144  period, the physician must take and successfully complete the
  145  licensure examination under s. 458.311 to become fully licensed
  146  in this state.
  147         Section 3. Section 458.3105, Florida Statutes, is created
  148  to read:
  149         458.3105Registration of volunteer retired physicians.—
  150         (1)A physician may register under this section to practice
  151  medicine as a volunteer retired physician if the physician:
  152         (a)Submits an application to the board on a form developed
  153  by the department within 2 years after the date on which the
  154  physician’s license changed from active status to retired
  155  status;
  156         (b)Provides proof to the department that the physician
  157  actively practiced medicine for at least 3 of the 5 years
  158  immediately preceding the date on which his or her license
  159  changed from active status to retired status;
  160         (c)Has held an active license to practice medicine and
  161  maintained such license in good standing in this state or in at
  162  least one other jurisdiction of the United States or Canada for
  163  at least 20 years;
  164         (d)Contracts with a health care provider to provide free,
  165  volunteer health care services to indigent persons or medically
  166  underserved populations in health professional shortage areas or
  167  medically underserved areas designated by the United States
  168  Department of Health and Human Services;
  169         (e)Works under the supervision of a nonretired physician
  170  who holds an active unencumbered license; and
  171         (f)Only provides medical services of the type and within
  172  the specialty performed by the physician prior to retirement,
  173  and does not perform surgery or prescribe a controlled substance
  174  as defined in s. 893.02(4).
  175         (2)The registrant shall apply biennially to the board for
  176  renewal of his or her registration by demonstrating to the board
  177  compliance with this section.
  178         (3)The department shall waive the application fee,
  179  licensure fee, and unlicensed activity fee for qualifying
  180  applicants under this section.
  181         (4)The board may deny or revoke registration for
  182  noncompliance with this section.
  183         Section 4. Paragraph (h) of subsection (1) of section
  184  458.311, Florida Statutes, is amended to read:
  185         458.311 Licensure by examination; requirements; fees.—
  186         (1) Any person desiring to be licensed as a physician, who
  187  does not hold a valid license in any state, shall apply to the
  188  department on forms furnished by the department. The department
  189  shall license each applicant who the board certifies:
  190         (h) Has obtained a passing score, as established by rule of
  191  the board, on the licensure examination of the United States
  192  Medical Licensing Examination (USMLE); or a combination of the
  193  United States Medical Licensing Examination (USMLE), the
  194  examination of the Federation of State Medical Boards of the
  195  United States, Inc. (FLEX), or the examination of the National
  196  Board of Medical Examiners up to the year 2000; or for the
  197  purpose of examination of any applicant who was licensed on the
  198  basis of a state board examination and who is currently licensed
  199  in at least one other jurisdiction of the United States or
  200  Canada, and who has practiced pursuant to such licensure for a
  201  period of at least 10 years or for the purpose of examination of
  202  any applicant who holds an active, unencumbered license to
  203  practice medicine in Canada, use of the Special Purpose
  204  Examination of the Federation of State Medical Boards of the
  205  United States (SPEX) upon receipt of a passing score as
  206  established by rule of the board. However, for the purpose of
  207  examination of any applicant who was licensed on the basis of a
  208  state board examination prior to 1974, who is currently licensed
  209  in at least three other jurisdictions of the United States or
  210  Canada, and who has practiced pursuant to such licensure for a
  211  period of at least 20 years, this paragraph does not apply.
  212         Section 5. Subsection (1) of section 458.319, Florida
  213  Statutes, is amended to read:
  214         458.319 Renewal of license.—
  215         (1) The department shall renew a license upon receipt of
  216  the renewal application, evidence that the applicant has
  217  actively practiced medicine or has been on the active teaching
  218  faculty of an accredited medical school for at least 2 years of
  219  the immediately preceding 4 years, and a fee not to exceed $500;
  220  provided, however, that if the licensee is either a resident
  221  physician, assistant resident physician, fellow, house
  222  physician, or intern in an approved postgraduate training
  223  program, as defined by the board by rule, the fee shall not
  224  exceed $100 per annum. If the licensee demonstrates to the
  225  department in a manner set by department rule that he or she has
  226  provided at least 160 hours of pro bono medical services to
  227  indigent persons or medically underserved populations within the
  228  biennial renewal period, the department shall waive the renewal
  229  fee. If the licensee has not actively practiced medicine for at
  230  least 2 years of the immediately preceding 4 years, the board
  231  shall require that the licensee successfully complete a board
  232  approved clinical competency examination prior to renewal of the
  233  license. “Actively practiced medicine” means that practice of
  234  medicine by physicians, including those employed by any
  235  governmental entity in community or public health, as defined by
  236  this chapter, including physicians practicing administrative
  237  medicine. An applicant for a renewed license must also submit
  238  the information required under s. 456.039 to the department on a
  239  form and under procedures specified by the department, along
  240  with payment in an amount equal to the costs incurred by the
  241  Department of Health for the statewide criminal background check
  242  of the applicant. The applicant must submit a set of
  243  fingerprints to the Department of Health on a form and under
  244  procedures specified by the department, along with payment in an
  245  amount equal to the costs incurred by the department for a
  246  national criminal background check of the applicant for the
  247  initial renewal of his or her license after January 1, 2000. If
  248  the applicant fails to submit either the information required
  249  under s. 456.039 or a set of fingerprints to the department as
  250  required by this section, the department shall issue a notice of
  251  noncompliance, and the applicant will be given 30 additional
  252  days to comply. If the applicant fails to comply within 30 days
  253  after the notice of noncompliance is issued, the department or
  254  board, as appropriate, may issue a citation to the applicant and
  255  may fine the applicant up to $50 for each day that the applicant
  256  is not in compliance with the requirements of s. 456.039. The
  257  citation must clearly state that the applicant may choose, in
  258  lieu of accepting the citation, to follow the procedure under s.
  259  456.073. If the applicant disputes the matter in the citation,
  260  the procedures set forth in s. 456.073 must be followed.
  261  However, if the applicant does not dispute the matter in the
  262  citation with the department within 30 days after the citation
  263  is served, the citation becomes a final order and constitutes
  264  discipline. Service of a citation may be made by personal
  265  service or certified mail, restricted delivery, to the subject
  266  at the applicant’s last known address. If an applicant has
  267  submitted fingerprints to the department for a national criminal
  268  history check upon initial licensure and is renewing his or her
  269  license for the first time, then the applicant need only submit
  270  the information and fee required for a statewide criminal
  271  history check.
  272         Section 6. Section 459.00751, Florida Statutes, is created
  273  to read:
  274         459.00751Restricted licenses.—
  275         (1)It is the intent of the Legislature to provide medical
  276  services to all residents of this state at an affordable cost.
  277         (2)The board may annually issue restricted licenses
  278  authorizing the practice of osteopathic medicine in this state
  279  to not more than 300 persons and to an unlimited number of
  280  osteopathic physicians who hold active, unencumbered licenses to
  281  practice medicine in Canada if such applicants:
  282         (a)Submit to the department a completed application form
  283  and a nonrefundable application fee not to exceed $50;
  284         (b)Meet the requirements of s. 459.0055(1)(b), (c), (d),
  285  (e), (f), (g), and (j). However, a Canadian applicant shall
  286  satisfy the requirement of s. 459.0055(1)(j) by providing the
  287  board with a printed or electronic copy of his or her Canadian
  288  criminal history records check;
  289         (c)Provide proof to the department that the osteopathic
  290  physician has held an active license to practice osteopathic
  291  medicine and maintained such license in good standing in this
  292  state or in at least one other jurisdiction of the United States
  293  or Canada for at least 2 of the immediately preceding 4 years,
  294  or completed board-approved postgraduate training within the
  295  year immediately preceding the filing of an application; and
  296         (d)Enter into a contract to practice osteopathic medicine
  297  for a period of up to 36 months in the employ of the state, a
  298  federally funded community health center, or a migrant health
  299  center; a free clinic that delivers only medical diagnostic
  300  services or nonsurgical medical treatment free of charge to all
  301  low-income residents; or a health care provider in a health
  302  professional shortage area or medically underserved area
  303  designated by the United States Department of Health and Human
  304  Services. The board may designate other areas of critical need
  305  in the state where these restricted licensees may practice.
  306         (3)Before the end of the contracted practice period, the
  307  osteopathic physician must take and successfully complete the
  308  licensure examination under s. 459.0055 to become fully licensed
  309  in this state.
  310         (4)If the restricted licensee breaches the terms of the
  311  employment contract, he or she may not be licensed as an
  312  osteopathic physician in this state under any licensing
  313  provisions.
  314         Section 7. Section 459.00752, Florida Statutes, is created
  315  to read:
  316         459.00752Registration of volunteer retired osteopathic
  317  physicians.—
  318         (1)An osteopathic physician may register under this
  319  section to practice medicine as a volunteer retired osteopathic
  320  physician if the osteopathic physician:
  321         (a)Submits an application to the board on a form developed
  322  by the department no earlier than 6 months before the date on
  323  which the osteopathic physician’s license permanently expires
  324  and no later than 2 years after such expiration;
  325         (b)Has held an active license to practice osteopathic
  326  medicine and maintained such license in good standing in this
  327  state or in at least one other jurisdiction of the United States
  328  or Canada for at least 20 years;
  329         (c)Contracts with a health care provider to provide free,
  330  volunteer health care services to indigent persons or medically
  331  underserved populations in health professional shortage areas or
  332  medically underserved areas designated by the United States
  333  Department of Health and Human Services;
  334         (d)Works under the supervision of a nonretired osteopathic
  335  physician who holds an active, unencumbered license; and
  336         (e)Only provides medical services of the type and within
  337  the specialty performed by the osteopathic physician prior to
  338  retirement, and does not perform surgery or prescribe controlled
  339  substances as defined in s. 893.02(4).
  340         (2)The registrant shall apply biennially to the board for
  341  renewal of his or her registration by demonstrating to the board
  342  compliance with this section.
  343         (3)The department shall waive the application fee,
  344  licensure fee, and unlicensed activity fee for qualifying
  345  applicants under this section.
  346         (4)The board may deny or revoke registration for
  347  noncompliance with this section.
  348         Section 8. Subsection (1) of section 459.008, Florida
  349  Statutes, is amended to read:
  350         459.008 Renewal of licenses and certificates.—
  351         (1) The department shall renew a license or certificate
  352  upon receipt of the renewal application and fee. If the licensee
  353  demonstrates to the department that he or she has provided at
  354  least 160 hours of pro bono osteopathic medical services to
  355  indigent persons or medically underserved populations within the
  356  biennial renewal period, the department shall waive the renewal
  357  fee. An applicant for a renewed license must also submit the
  358  information required under s. 456.039 to the department on a
  359  form and under procedures specified by the department, along
  360  with payment in an amount equal to the costs incurred by the
  361  department of Health for the statewide criminal background check
  362  of the applicant. The applicant must submit a set of
  363  fingerprints to the Department of Health on a form and under
  364  procedures specified by the department, along with payment in an
  365  amount equal to the costs incurred by the department for a
  366  national criminal background check of the applicant for the
  367  initial renewal of his or her license after January 1, 2000. If
  368  the applicant fails to submit either the information required
  369  under s. 456.039 or a set of fingerprints to the department as
  370  required by this section, the department shall issue a notice of
  371  noncompliance, and the applicant will be given 30 additional
  372  days to comply. If the applicant fails to comply within 30 days
  373  after the notice of noncompliance is issued, the department or
  374  board, as appropriate, may issue a citation to the applicant and
  375  may fine the applicant up to $50 for each day that the applicant
  376  is not in compliance with the requirements of s. 456.039. The
  377  citation must clearly state that the applicant may choose, in
  378  lieu of accepting the citation, to follow the procedure under s.
  379  456.073. If the applicant disputes the matter in the citation,
  380  the procedures set forth in s. 456.073 must be followed.
  381  However, if the applicant does not dispute the matter in the
  382  citation with the department within 30 days after the citation
  383  is served, the citation becomes a final order and constitutes
  384  discipline. Service of a citation may be made by personal
  385  service or certified mail, restricted delivery, to the subject
  386  at the applicant’s last known address. If an applicant has
  387  submitted fingerprints to the department for a national criminal
  388  history check upon initial licensure and is renewing his or her
  389  license for the first time, then the applicant need only submit
  390  the information and fee required for a statewide criminal
  391  history check.
  392         Section 9. Paragraph (e) of subsection (3) of section
  393  766.1115, Florida Statutes, is amended to read:
  394         766.1115 Health care providers; creation of agency
  395  relationship with governmental contractors.—
  396         (3) DEFINITIONS.—As used in this section, the term:
  397         (e) “Low-income” means:
  398         1. A person who is Medicaid-eligible under Florida law;
  399         2. A person who is without health insurance and whose
  400  family income does not exceed 400 200 percent of the federal
  401  poverty level as defined annually by the federal Office of
  402  Management and Budget; or
  403         3. Any client of the department who voluntarily chooses to
  404  participate in a program offered or approved by the department
  405  and meets the program eligibility guidelines of the department.
  406         Section 10. This act shall take effect July 1, 2017.