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House Bill 0859

Florida House of Representatives - 1997 HB 859 By Representative Rodriguez-Chomat 1 A bill to be entitled 2 An act relating to foreign licensed physicians; 3 creating s. 458.3124, F.S.; providing for 4 development of formulas for reserving certain 5 medical education postgraduate training 6 positions for foreign licensed physicians; 7 providing for proposals to increase the number 8 of certified or establish noncertified 9 postgraduate training positions; providing 10 eligibility requirements for such positions for 11 foreign licensed physicians; specifying 12 circumstances under which supervised practice 13 shall fulfill the postgraduate training 14 requirement; requiring additional supervised 15 practice for certain foreign licensed 16 physicians prior to examination for licensure; 17 providing for rules; providing for future 18 repeal and legislative review; amending s. 19 458.311, F.S.; revising a medical education 20 specialty requirement for foreign licensed 21 physicians; providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Section 458.3124, Florida Statutes, is 26 created to read: 27 458.3124 Foreign licensed physicians; intern positions 28 leading to licensure by examination.-- 29 (1) The Legislature recognizes that in order to ensure 30 the safe practice of medicine in Florida, every physician 31 practicing in this state must meet minimum requirements and 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 859 552-133-97 1 demonstrate minimum competencies, as determined by the board. 2 The Legislature recognizes that a significant portion of 3 Florida's population comes from other countries in the Western 4 Hemisphere, particularly Cuba, Haiti, and Nicaragua. Further, 5 the Legislature recognizes that, in order to ensure access to 6 quality health care for these individuals, a concerted effort 7 is required to increase the number of qualified health care 8 practitioners who represent these populations. Therefore, 9 foreign licensed physicians from other countries in the 10 Western Hemisphere are afforded reasonable opportunities to 11 meet Florida's requirements for licensure by examination. 12 (2) The Agency for Health Care Administration shall 13 work with representatives of the medical schools at the 14 Universities of Florida, Miami, and South Florida to develop 15 mutually agreed-upon formulas for reserving a minimum number 16 of existing postgraduate training positions certified by the 17 Accreditation Council for Graduate Medical Education for 18 foreign licensed physicians, which shall be agreed upon by 19 January 1, 1998. 20 (3) The Agency for Health Care Administration shall 21 work with representatives of the medical schools at the 22 Universities of Florida, Miami, and South Florida to develop 23 proposals to increase the number of postgraduate training 24 positions certified by the Accreditation Council for Graduate 25 Medical Education, or to establish postgraduate training 26 positions not certified by the Accreditation Council for 27 Graduate Medical Education. Proposals shall be submitted to 28 the approving authority no later than January 1, 1998. 29 Notwithstanding the provisions of s. 458.311(1)(f)3.c., any 30 foreign licensed physician who is approved to enroll in a 31 postgraduate training position not certified by the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 859 552-133-97 1 Accreditation Council for Graduate Medical Education and who 2 successfully completes the training as determined by the 3 appropriate institution shall be required to practice 12 4 additional months as an unlicensed physician under the 5 indirect supervision of a fully licensed physician, or a 6 physician holding a medical faculty certificate, before he or 7 she may be sponsored to sit for Part III of the United States 8 Medical Licensing Examination. 9 (4) If the postgraduate training positions described 10 in subsections (2) and (3) are not created or are not 11 sufficient to satisfy the need and demand for such positions, 12 the requirement for postgraduate training shall be satisfied 13 by full-time work or participation in: 14 (a) A program of the Department of Health or the 15 Department of Corrections, in which the participant provides 16 supervised medical services; 17 (b) Any special program, approved by the agency, 18 provided by a nonteaching hospital, a clinic, or a health 19 maintenance organization in the state, in which the 20 participant provides supervised medical services; or 21 (c) Any program, activity, or employment in which the 22 participant provides supervised medical services. 23 (5) To be eligible for an intern position as described 24 in subsections (2) and (3), an applicant must document in the 25 application to the appropriate institution that he or she 26 meets the following requirements: 27 (a) Is a United States citizen or has lawful 28 immigration status. 29 (b) Was a resident of Florida during the immediately 30 preceding 12 months prior to applying under this section. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 859 552-133-97 1 (c) Is a graduate of a foreign medical institution 2 located in the Western Hemisphere and listed in the World 3 Directory of Medical Schools published by the World Health 4 Organization. 5 (d) Has practiced medicine a minimum of 5 years. 6 (e) Has not committed any act or offense in this or 7 any other jurisdiction which would constitute the basis for 8 disciplining a physician or physician assistant pursuant to 9 this chapter or chapter 455 or chapter 893. 10 (f) Is not under discipline, investigation, or 11 prosecution in any jurisdiction for an action that would 12 constitute a violation of this chapter or chapter 455 or 13 chapter 893. 14 15 The application for an internship under this program must be 16 submitted and accepted prior to October 1, 2002. 17 (6) The Agency for Health Care Administration and the 18 board shall adopt rules to implement this section. 19 (7) This section shall stand repealed on October 1, 20 2002. The Legislature shall prior to such repeal review the 21 need to continue this program. 22 Section 2. Paragraph (f) of subsection (1) of section 23 458.311, Florida Statutes, 1996 Supplement, is amended to 24 read: 25 458.311 Licensure by examination; requirements; 26 fees.-- 27 (1) Any person desiring to be licensed as a physician 28 shall apply to the department to take the licensure 29 examination. The department shall examine each applicant whom 30 the board certifies: 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 859 552-133-97 1 (f) Meets one of the following medical education and 2 postgraduate training requirements: 3 1.a. Is a graduate of an allopathic medical school or 4 allopathic college recognized and approved by an accrediting 5 agency recognized by the United States Office of Education; 6 b. If the language of instruction of the medical 7 school is other than English, has demonstrated competency in 8 English through presentation of a satisfactory grade on the 9 Test of Spoken English of the Educational Testing Service or a 10 similar test approved by rule of the board; and 11 c. Has completed an approved residency of at least 1 12 year. 13 2.a. Is a graduate of a foreign medical school 14 registered with the World Health Organization and certified 15 pursuant to s. 458.314 as having met the standards required to 16 accredit medical schools in the United States or reasonably 17 comparable standards; 18 b. If the language of instruction of the foreign 19 medical school is other than English, has demonstrated 20 competency in English through presentation of the Educational 21 Commission on Foreign Medical Graduates English proficiency 22 certificate or by a satisfactory grade on the Test of Spoken 23 English of the Educational Testing Service or a similar test 24 approved by rule of the board; and 25 c. Has completed an approved residency of at least 1 26 year. 27 3.a. Is a graduate of a foreign medical school which 28 has not been certified pursuant to s. 458.314; 29 b. Has had his medical credentials evaluated by the 30 Education Commission on Foreign Medical Graduates, holds an 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 859 552-133-97 1 active, valid certificate issued by that commission, and has 2 passed the examination utilized by that commission; and 3 c. Has completed an approved residency of at least 1 4 year; however, after July 1, 1997 October 1, 1992, the 5 applicant shall have completed an approved residency or 6 fellowship of at least 2 3 years in one specialty area. 7 Section 3. This act shall take effect July 1, 1997. 8 9 ***************************************** 10 SENATE SUMMARY 11 Provides responsibilities of the Agency for Health Care Administration and the medical schools at the 12 Universities of Florida, Miami, and South Florida for reserving internships, and for proposing establishment of 13 or increase in the number of certain internship positions, to provide training of foreign licensed 14 physicians prior to examination for licensure in the state. Provides that if such positions are not 15 established or are not sufficient to meet the need therefor, certain supervised practice will fulfill 16 internship requirements. Provides for 12 months' additional supervised practice prior to examination under 17 certain circumstances. Provides requirements for eligibility of a foreign licensed physician for an 18 internship position created under the program. Repeals the program on October 1, 2002, and provides for 19 legislative review. Reduces the minimum specialty requirement for licensure by examination for foreign 20 licensed physicians from a 3-year residency to a 2-year residency or fellowship in the specialty area. 21 22 23 24 25 26 27 28 29 30 31 6