Florida Senate - 2021                                    SB 1680
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01445A-21                                          20211680__
    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 certain
    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         creating s. 458.3105, F.S.; establishing a
    9         registration program for volunteer retired physicians;
   10         providing eligibility criteria for such registration;
   11         requiring biennial registration renewal; requiring the
   12         Department of Health to waive certain fees;
   13         authorizing the Board of Medicine to deny, revoke, or
   14         impose restrictions or conditions on a registration
   15         for certain violations; amending s. 458.311, F.S.;
   16         revising the physician licensure criteria applicable
   17         to Canadian applicants; amending s. 458.319, F.S.;
   18         requiring the department to waive a physician’s
   19         license renewal fee under certain circumstances;
   20         deleting an obsolete date; creating s. 459.00751,
   21         F.S.; providing legislative intent; authorizing the
   22         Board of Osteopathic Medicine to issue restricted
   23         licenses to applicants who satisfy certain criteria;
   24         requiring restricted licensees to pass the licensure
   25         examination within a specified timeframe; prohibiting
   26         licensure if a restricted licensee breaches the terms
   27         of an employment contract; creating s. 459.00752,
   28         F.S.; establishing a registration program for
   29         volunteer retired osteopathic physicians; providing
   30         eligibility criteria for such registration; requiring
   31         biennial registration renewal; requiring the
   32         department to waive certain fees; authorizing the
   33         Board of Osteopathic Medicine to deny, revoke, or
   34         impose restrictions or conditions on a registration
   35         for certain violations; amending s. 459.008, F.S.;
   36         requiring the department to waive an osteopathic
   37         physician’s license renewal fee under certain
   38         circumstances; deleting an obsolete date; amending s.
   39         766.1115, F.S.; revising the definition of the term
   40         “low-income”; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Subsections (6) and (9) of section 456.013,
   45  Florida Statutes, are amended to read:
   46         456.013 Department; general licensing provisions.—
   47         (6) As a condition of renewal of a license, the Board of
   48  Medicine, the Board of Osteopathic Medicine, the Board of
   49  Chiropractic Medicine, and the Board of Podiatric Medicine shall
   50  each require licensees which they respectively regulate to
   51  periodically demonstrate their professional competency by
   52  completing at least 40 hours of continuing education every 2
   53  years. The boards may require by rule that up to 1 hour of the
   54  required 40 or more hours be in the area of risk management or
   55  cost containment. This subsection may provision shall not be
   56  construed to limit the number of hours that a licensee may
   57  obtain in risk management or cost containment to be credited
   58  toward satisfying the 40 or more required hours. This subsection
   59  may provision shall not be construed to require the boards to
   60  impose any requirement on licensees except for the completion of
   61  at least 40 hours of continuing education every 2 years. Each of
   62  such boards shall determine whether any specific continuing
   63  education requirements not otherwise mandated by law shall be
   64  mandated and shall approve criteria for, and the content of, any
   65  continuing education mandated by such board. Notwithstanding any
   66  other provision of law, the board, or the department when there
   67  is no board, may approve by rule alternative methods of
   68  obtaining continuing education credits in risk management. The
   69  alternative methods may include attending a board meeting at
   70  which another licensee is disciplined, serving as a volunteer
   71  expert witness for the department in a disciplinary case, or
   72  serving as a member of a probable cause panel following the
   73  expiration of a board member’s term. Other boards within the
   74  Division of Medical Quality Assurance, or the department if
   75  there is no board, may adopt rules granting continuing education
   76  hours in risk management for attending a board meeting at which
   77  another licensee is disciplined, for serving as a volunteer
   78  expert witness for the department in a disciplinary case, or for
   79  serving as a member of a probable cause panel following the
   80  expiration of a board member’s term.
   81         (9) Any board that currently requires continuing education
   82  for renewal of a license, or the department if there is no
   83  board, shall adopt rules to establish the criteria for
   84  continuing education courses. The rules may provide that up to a
   85  maximum of 25 percent of the required continuing education hours
   86  can be fulfilled by the performance of pro bono services to the
   87  indigent or to underserved populations or in areas of critical
   88  need within the state where the licensee practices. However, a
   89  physician licensed under chapter 458 or chapter 459 who submits
   90  to the department documentation proving that he or she has
   91  completed at least 120 hours of pro bono services within a
   92  biennial licensure period is exempt from the continuing
   93  education requirements established by board rule under
   94  subsection (6). The board, or the department if there is no
   95  board, must require that any pro bono services be approved in
   96  advance in order to receive credit for continuing education
   97  under this subsection. The standard for determining indigency
   98  shall be that recognized by the Federal Poverty Income
   99  Guidelines produced by the United States Department of Health
  100  and Human Services. The rules may provide for approval by the
  101  board, or the department if there is no board, that a part of
  102  the continuing education hours can be fulfilled by performing
  103  research in critical need areas or for training leading to
  104  advanced professional certification. The board, or the
  105  department if there is no board, may make rules to define
  106  underserved and critical need areas. The department shall adopt
  107  rules for administering continuing education requirements
  108  adopted by the boards or the department if there is no board.
  109         Section 2. Subsections (2) and (3) of section 458.310,
  110  Florida Statutes, are amended to read:
  111         458.310 Restricted licenses.—
  112         (2) The board of Medicine may annually, by rule, develop
  113  criteria and, without examination, issue restricted licenses
  114  authorizing the practice of medicine in this state to not more
  115  than 300 persons, except that the board may issue restricted
  116  licenses to an unlimited number of physicians who hold active,
  117  unencumbered licenses to practice medicine in Canada, if such
  118  applicants meet all of the following requirements annually to up
  119  to 100 persons to practice medicine in this state who:
  120         (a) Submit to the department a completed application form.
  121         (b) Meet the requirements of s. 458.311(1)(b), (c), (d),
  122  and (g). A Canadian applicant must also provide the board with a
  123  printed or electronic copy of his or her fingerprint-based,
  124  national Canadian criminal history records check, conducted
  125  within 6 months after the date of application. s. 458.311;
  126         (c)(b) Show evidence of the active licensed practice of
  127  medicine in another jurisdiction for at least 2 years of the
  128  immediately preceding 4 years, or completion of board-approved
  129  postgraduate training within the year immediately preceding the
  130  filing of an application.; and
  131         (d)(c) Enter into a contract to practice for a period of up
  132  to 36 24 months solely in the employ of the state, or a
  133  federally funded community health center, or a migrant health
  134  center; a free clinic that delivers only medical diagnostic
  135  services or nonsurgical medical treatment free of charge to all
  136  low-income residents; or a health care provider in a health
  137  professional shortage area or medically underserved area
  138  designated by the United States Department of Health and Human
  139  Services, at the current salary level for that position. The
  140  board may of Medicine shall designate other areas of critical
  141  need in this the state where these restricted licensees may
  142  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         458.3105 Registration of volunteer retired physicians.—
  150         (1) A physician may register under this section to practice
  151  medicine as a volunteer retired physician if he or she meets all
  152  of the following requirements:
  153         (a) Submits an application to the board on a form developed
  154  by the department within 2 years after the date on which his or
  155  her license changed from active to retired status.
  156         (b) Provides proof to the department that he or she
  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 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.
  171         (f) Provides medical services only of the type and within
  172  the specialty that he or she performed before retirement and
  173  does not perform surgery or prescribe a controlled substance as
  174  defined in s. 893.02.
  175         (2) The physician must 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 all application, licensure,
  179  unlicensed activity, and renewal fees for qualifying physicians
  180  under this section.
  181         (4) The board may deny, revoke, or impose restrictions or
  182  conditions on a registration for any violation of this chapter
  183  or chapter 456 or rules adopted thereunder.
  184         (5) The board may deny or revoke registration for
  185  noncompliance with this section.
  186         Section 4. Paragraph (h) of subsection (1) of section
  187  458.311, Florida Statutes, is amended to read:
  188         458.311 Licensure by examination; requirements; fees.—
  189         (1) Any person desiring to be licensed as a physician, who
  190  does not hold a valid license in any state, shall apply to the
  191  department on forms furnished by the department. The department
  192  shall license each applicant who the board certifies:
  193         (h) Has obtained a passing score, as established by rule of
  194  the board, on the licensure examination of the United States
  195  Medical Licensing Examination (USMLE); or a combination of the
  196  USMLE United States Medical Licensing Examination (USMLE), the
  197  examination of the Federation of State Medical Boards of the
  198  United States, Inc. (FLEX), or the examination of the National
  199  Board of Medical Examiners up to the year 2000; or, for the
  200  purpose of examination of any applicant who was licensed on the
  201  basis of a state board examination, and who is currently
  202  licensed in at least one other jurisdiction of the United States
  203  or Canada, and who has practiced pursuant to such licensure for
  204  a period of at least 10 years, or any applicant who holds an
  205  active, unencumbered license to practice medicine in Canada and
  206  has practiced pursuant to such licensure for a period of at
  207  least 10 years, has obtained a passing score, as established by
  208  the board, on use of the Special Purpose Examination of the
  209  Federation of State Medical Boards of the United States (SPEX)
  210  upon receipt of a passing score as established by rule of the
  211  board. However, for the purpose of examination of any applicant
  212  who was licensed on the basis of a state board examination
  213  before prior to 1974, who is currently licensed in at least
  214  three other jurisdictions of the United States or Canada, and
  215  who has practiced pursuant to such licensure for a period of at
  216  least 20 years, this paragraph does not apply.
  217         Section 5. Subsection (1) of section 458.319, Florida
  218  Statutes, is amended to read:
  219         458.319 Renewal of license.—
  220         (1) The department shall renew a license upon receipt of
  221  the renewal application, evidence that the applicant has
  222  actively practiced medicine or has been on the active teaching
  223  faculty of an accredited medical school for at least 2 years of
  224  the immediately preceding 4 years, and a fee not to exceed $500;
  225  provided, however, that if the licensee is either a resident
  226  physician, assistant resident physician, fellow, house
  227  physician, or intern in an approved postgraduate training
  228  program, as defined by the board by rule, the fee shall not
  229  exceed $100 per annum. If the licensee demonstrates to the
  230  department, in a manner set by department rule, that he or she
  231  has provided at least 160 hours of pro bono medical services to
  232  indigent persons or medically underserved populations within the
  233  biennial renewal period, the department shall waive the renewal
  234  fee. If the licensee has not actively practiced medicine for at
  235  least 2 years of the immediately preceding 4 years, the board
  236  shall require that the licensee successfully complete a board
  237  approved clinical competency examination before prior to renewal
  238  of the license. For purposes of this subsection, the term
  239  “actively practiced medicine” means that practice of medicine by
  240  physicians, including those employed by any governmental entity
  241  in community or public health, as defined by this chapter,
  242  including physicians practicing administrative medicine. An
  243  applicant for a renewed license must also submit the information
  244  required under s. 456.039 to the department on a form and under
  245  procedures specified by the department, along with payment in an
  246  amount equal to the costs incurred by the Department of Health
  247  for the statewide criminal background check of the applicant.
  248  The applicant must submit a set of fingerprints to the
  249  Department of Health on a form and under procedures specified by
  250  the department, along with payment in an amount equal to the
  251  costs incurred by the department for a national criminal
  252  background check of the applicant for the initial renewal of his
  253  or her license after January 1, 2000. If the applicant fails to
  254  submit either the information required under s. 456.039 or a set
  255  of fingerprints to the department as required by this section,
  256  the department shall issue a notice of noncompliance, and the
  257  applicant will be given 30 additional days to comply. If the
  258  applicant fails to comply within 30 days after the notice of
  259  noncompliance is issued, the department or board, as
  260  appropriate, may issue a citation to the applicant and may fine
  261  the applicant up to $50 for each day that the applicant is not
  262  in compliance with the requirements of s. 456.039. The citation
  263  must clearly state that the applicant may choose, in lieu of
  264  accepting the citation, to follow the procedure under s.
  265  456.073. If the applicant disputes the matter in the citation,
  266  the procedures set forth in s. 456.073 must be followed.
  267  However, if the applicant does not dispute the matter in the
  268  citation with the department within 30 days after the citation
  269  is served, the citation becomes a final order and constitutes
  270  discipline. Service of a citation may be made by personal
  271  service or certified mail, restricted delivery, to the subject
  272  at the applicant’s last known address. If an applicant has
  273  submitted fingerprints to the department for a national criminal
  274  history check upon initial licensure and is renewing his or her
  275  license for the first time, then the applicant need only submit
  276  the information and fee required for a statewide criminal
  277  history check.
  278         Section 6. Section 459.00751, Florida Statutes, is created
  279  to read:
  280         459.00751 Restricted licenses.—
  281         (1) It is the intent of the Legislature to provide medical
  282  services to all residents of this state at an affordable cost.
  283         (2) The board may annually issue restricted licenses
  284  authorizing the practice of osteopathic medicine in this state
  285  to not more than 300 persons, except that the board may issue
  286  restricted licenses to an unlimited number of osteopathic
  287  physicians who hold active, unencumbered licenses to practice
  288  medicine in Canada, if such applicants meet all of the following
  289  requirements:
  290         (a) Submit to the department a completed application form.
  291         (b) Meet the requirements of s. 459.0055(1)(b)-(g) and (j).
  292  A Canadian applicant must also provide the board with a printed
  293  or electronic copy of his or her fingerprint-based, national
  294  Canadian criminal history records check, conducted within 6
  295  months after the date of application.
  296         (c) Show evidence of the active licensed practice of
  297  medicine in another jurisdiction for at least 2 years of the
  298  immediately preceding 4 years, or completion of board-approved
  299  postgraduate training within the year immediately preceding the
  300  filing of an application.
  301         (d) Enter into a contract to practice osteopathic medicine
  302  for a period of up to 36 months in the employ of the state, a
  303  federally funded community health center, or a migrant health
  304  center; a free clinic that delivers only medical diagnostic
  305  services or nonsurgical medical treatment free of charge to all
  306  low-income residents; or a health care provider in a health
  307  professional shortage area or medically underserved area
  308  designated by the United States Department of Health and Human
  309  Services. The board may designate other areas of critical need
  310  in this state where these restricted licensees may practice.
  311         (3) Before the end of the contracted practice period, the
  312  osteopathic physician shall take and successfully complete the
  313  licensure examination under s. 459.0055 to become fully licensed
  314  in this state.
  315         (4) If the restricted licensee breaches the terms of the
  316  employment contract, he or she may not be licensed as an
  317  osteopathic physician in this state under any licensing
  318  provisions.
  319         Section 7. Section 459.00752, Florida Statutes, is created
  320  to read:
  321         459.00752 Registration of volunteer retired osteopathic
  322  physicians.—
  323         (1) An osteopathic physician may register under this
  324  section to practice medicine as a volunteer retired osteopathic
  325  physician if he or she meets all of the following requirements:
  326         (a) Submits an application to the board on a form developed
  327  by the department no earlier than 6 months before the date on
  328  which his or her license permanently expires and no later than 2
  329  years after such expiration.
  330         (b) Provides proof to the department that he or she
  331  actively practiced medicine for at least 3 of the 5 years
  332  immediately preceding the date on which his or her license
  333  changed from active to retired status.
  334         (c) Has held an active license to practice osteopathic
  335  medicine and maintained such license in good standing in this
  336  state or in at least one other jurisdiction of the United States
  337  or Canada for at least 20 years.
  338         (d) Contracts with a health care provider to provide free,
  339  volunteer health care services to indigent persons or medically
  340  underserved populations in health professional shortage areas or
  341  medically underserved areas designated by the United States
  342  Department of Health and Human Services.
  343         (e) Works under the supervision of a nonretired osteopathic
  344  physician who holds an active, unencumbered license.
  345         (f) Provides medical services only of the type and within
  346  the specialty that he or she performed before retirement and
  347  does not perform surgery or prescribe a controlled substance as
  348  defined in s. 893.02.
  349         (2) The registrant must apply biennially to the board for
  350  renewal of his or her registration by demonstrating to the board
  351  compliance with this section.
  352         (3) The department shall waive all application, licensure,
  353  unlicensed activity, and renewal fees for qualifying applicants
  354  under this section.
  355         (4) The board may deny, revoke, or impose restrictions or
  356  conditions on a registration for any violation of this chapter
  357  or chapter 456 or rules adopted thereunder.
  358         (5) The board may deny or revoke registration for
  359  noncompliance with this section.
  360         Section 8. Subsection (1) of section 459.008, Florida
  361  Statutes, is amended to read:
  362         459.008 Renewal of licenses and certificates.—
  363         (1) The department shall renew a license or certificate
  364  upon receipt of the renewal application and fee. If the licensee
  365  demonstrates to the department, in a manner set by department
  366  rule, that he or she has provided at least 160 hours of pro bono
  367  osteopathic medical services to indigent persons or medically
  368  underserved populations in health professional shortage areas or
  369  medically underserved areas designated by the United States
  370  Department of Health and Human Services within the biennial
  371  renewal period, the department shall waive the renewal fee. An
  372  applicant for a renewed license must also submit the information
  373  required under s. 456.039 to the department on a form and under
  374  procedures specified by the department, along with payment in an
  375  amount equal to the costs incurred by the department of Health
  376  for the statewide criminal background check of the applicant.
  377  The applicant must submit a set of fingerprints to the
  378  department Department of Health on a form and under procedures
  379  specified by the department, along with payment in an amount
  380  equal to the costs incurred by the department for a national
  381  criminal background check of the applicant for the initial
  382  renewal of his or her license after January 1, 2000. If the
  383  applicant fails to submit either the information required under
  384  s. 456.039 or a set of fingerprints to the department as
  385  required by this section, the department shall issue a notice of
  386  noncompliance, and the applicant will be given 30 additional
  387  days to comply. If the applicant fails to comply within 30 days
  388  after the notice of noncompliance is issued, the department or
  389  board, as appropriate, may issue a citation to the applicant and
  390  may fine the applicant up to $50 for each day that the applicant
  391  is not in compliance with the requirements of s. 456.039. The
  392  citation must clearly state that the applicant may choose, in
  393  lieu of accepting the citation, to follow the procedure under s.
  394  456.073. If the applicant disputes the matter in the citation,
  395  the procedures set forth in s. 456.073 must be followed.
  396  However, if the applicant does not dispute the matter in the
  397  citation with the department within 30 days after the citation
  398  is served, the citation becomes a final order and constitutes
  399  discipline. Service of a citation may be made by personal
  400  service or certified mail, restricted delivery, to the subject
  401  at the applicant’s last known address. If an applicant has
  402  submitted fingerprints to the department for a national criminal
  403  history check upon initial licensure and is renewing his or her
  404  license for the first time, then the applicant need only submit
  405  the information and fee required for a statewide criminal
  406  history check.
  407         Section 9. Paragraph (e) of subsection (3) of section
  408  766.1115, Florida Statutes, is amended to read:
  409         766.1115 Health care providers; creation of agency
  410  relationship with governmental contractors.—
  411         (3) DEFINITIONS.—As used in this section, the term:
  412         (e) “Low-income” means:
  413         1. A person who is Medicaid-eligible under Florida law;
  414         2. A person who is without health insurance and whose
  415  family income does not exceed 400 200 percent of the federal
  416  poverty level as defined annually by the federal Office of
  417  Management and Budget; or
  418         3. Any client of the department who voluntarily chooses to
  419  participate in a program offered or approved by the department
  420  and meets the program eligibility guidelines of the department.
  421         Section 10. This act shall take effect July 1, 2021.