House Bill 0957

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    Florida House of Representatives - 1999                 HB 957

        By Representatives Farkas, Kyle, Stansel, C. Green, Peaden
    and Casey





  1                      A bill to be entitled

  2         An act relating to health care practitioners;

  3         amending ss. 455.565, 458.319, 459.008,

  4         460.407, 461.007, F.S., relating to relicensure

  5         requirements for physicians, osteopathic

  6         physicians, chiropractic physicians, and

  7         podiatrists; revising requirements for

  8         submitting fingerprints to the Department of

  9         Health for renewal of licensure; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsection (4) of section 455.565, Florida

15  Statutes, 1998 Supplement, is amended to read:

16         455.565  Designated health care professionals;

17  information required for licensure.--

18         (4)(a)  An applicant for initial licensure must submit

19  a set of fingerprints to the Department of Health in

20  accordance with s. 458.311, s. 458.3115, s. 458.3124, s.

21  458.313, s. 459.0055, s. 460.406, or s. 461.006.

22         (b)  An applicant for renewed licensure who received an

23  initial license in this state after January 1, 1992, must

24  submit a set of fingerprints for the initial renewal of his or

25  her license after January 1, 2000, to the agency regulating

26  that profession in accordance with procedures established

27  under s. 458.319, s. 459.008, s. 460.407, or s. 461.007.

28         (c)  The Department of Health shall submit the

29  fingerprints provided by an applicant for initial licensure to

30  the Florida Department of Law Enforcement for a statewide

31  criminal history check, and the Florida Department of Law

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  1  Enforcement shall forward the fingerprints to the Federal

  2  Bureau of Investigation for a national criminal history check

  3  of the applicant. The department shall submit the fingerprints

  4  provided by an applicant for a renewed license who received an

  5  initial license in this state after January 1, 1992, to the

  6  Florida Department of Law Enforcement for a statewide criminal

  7  history check, and the Florida Department of Law Enforcement

  8  shall forward the fingerprints to the Federal Bureau of

  9  Investigation for a national criminal history check for the

10  initial renewal of the applicant's license after January 1,

11  2000.; For any subsequent renewal of the applicant's license

12  and of any applicant who received an initial license in this

13  state on or before January 1, 1992, the department shall

14  submit the required information for a statewide criminal

15  history check of the applicant.

16         Section 2.  Subsection (1) of section 458.319, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         458.319  Renewal of license.--

19         (1)  The department shall renew a license upon receipt

20  of the renewal application, evidence that the applicant has

21  actively practiced medicine or has been on the active teaching

22  faculty of an accredited medical school for at least 2 years

23  of the immediately preceding 4 years, and a fee not to exceed

24  $500; provided, however, that if the licensee is either a

25  resident physician, assistant resident physician, fellow,

26  house physician, or intern in an approved postgraduate

27  training program, as defined by the board by rule, the fee

28  shall not exceed $100 per annum.  If the licensee has not

29  actively practiced medicine for at least 2 years of the

30  immediately preceding 4 years, the board shall require that

31  the licensee successfully complete a board-approved clinical

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  1  competency examination prior to renewal of the license.

  2  "Actively practiced medicine" means that practice of medicine

  3  by physicians, including those employed by any governmental

  4  entity in community or public health, as defined by this

  5  chapter, including physicians practicing administrative

  6  medicine. An applicant for a renewed license must also submit

  7  the information required under s. 455.565 to the department on

  8  a form and under procedures specified by the department, along

  9  with payment in an amount equal to the costs incurred by the

10  Department of Health for the statewide criminal background

11  check of the applicant. An The applicant for a renewed license

12  who received an initial license in this state after January 1,

13  1992, must submit a set of fingerprints to the Department of

14  Health on a form and under procedures specified by the

15  department, along with payment in an amount equal to the costs

16  incurred by the department for a national criminal background

17  check of the applicant for the initial renewal of his or her

18  license after January 1, 2000. If the applicant fails to

19  submit either the information required under s. 455.565 or a

20  set of fingerprints to the department as required by this

21  section, the department shall issue a notice of noncompliance,

22  and the applicant will be given 30 additional days to comply.

23  If the applicant fails to comply within 30 days after the

24  notice of noncompliance is issued, the department or board, as

25  appropriate, may issue a citation to the applicant and may

26  fine the applicant up to $50 for each day that the applicant

27  is not in compliance with the requirements of s. 455.565. The

28  citation must clearly state that the applicant may choose, in

29  lieu of accepting the citation, to follow the procedure under

30  s. 455.621. If the applicant disputes the matter in the

31  citation, the procedures set forth in s. 455.621 must be

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  1  followed. However, if the applicant does not dispute the

  2  matter in the citation with the department within 30 days

  3  after the citation is served, the citation becomes a final

  4  order and constitutes discipline. Service of a citation may be

  5  made by personal service or certified mail, restricted

  6  delivery, to the subject at the applicant's last known

  7  address. The department may not delay renewing a license due

  8  to the processing of a statewide criminal history check or a

  9  national criminal background check. If an applicant has

10  submitted fingerprints to the department for a national

11  criminal history check upon initial licensure and is renewing

12  his or her license for the first time, then the applicant need

13  only submit the information and fee required for a statewide

14  criminal history check.

15         Section 3.  Subsection (1) of section 459.008, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         459.008  Renewal of licenses and certificates.--

18         (1)  The department shall renew a license or

19  certificate upon receipt of the renewal application and fee.

20  An applicant for a renewed license must also submit the

21  information required under s. 455.565 to the department on a

22  form and under procedures specified by the department, along

23  with payment in an amount equal to the costs incurred by the

24  Department of Health for the statewide criminal background

25  check of the applicant. An The applicant for a renewed license

26  who received an initial license in this state after January 1,

27  1992, must submit a set of fingerprints to the Department of

28  Health on a form and under procedures specified by the

29  department, along with payment in an amount equal to the costs

30  incurred by the department for a national criminal background

31  check of the applicant for the initial renewal of his or her

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  1  license after January 1, 2000. If the applicant fails to

  2  submit either the information required under s. 455.565 or a

  3  set of fingerprints to the department as required by this

  4  section, the department shall issue a notice of noncompliance,

  5  and the applicant will be given 30 additional days to comply.

  6  If the applicant fails to comply within 30 days after the

  7  notice of noncompliance is issued, the department or board, as

  8  appropriate, may issue a citation to the applicant and may

  9  fine the applicant up to $50 for each day that the applicant

10  is not in compliance with the requirements of s. 455.565. The

11  citation must clearly state that the applicant may choose, in

12  lieu of accepting the citation, to follow the procedure under

13  s. 455.621. If the applicant disputes the matter in the

14  citation, the procedures set forth in s. 455.621 must be

15  followed. However, if the applicant does not dispute the

16  matter in the citation with the department within 30 days

17  after the citation is served, the citation becomes a final

18  order and constitutes discipline. Service of a citation may be

19  made by personal service or certified mail, restricted

20  delivery, to the subject at the applicant's last known

21  address. The department may not delay renewing a license due

22  to the processing of a statewide criminal history check or a

23  national criminal background check. If an applicant has

24  submitted fingerprints to the department for a national

25  criminal history check upon initial licensure and is renewing

26  his or her license for the first time, then the applicant need

27  only submit the information and fee required for a statewide

28  criminal history check.

29         Section 4.  Subsection (1) of section 460.407, Florida

30  Statutes, 1998 Supplement, is amended to read:

31         460.407  Renewal of license.--

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  1         (1)  The department shall renew a license upon receipt

  2  of the renewal application and the fee set by the board not to

  3  exceed $500. An applicant for a renewed license must also

  4  submit the information required under s. 455.565 to the

  5  department on a form and under procedures specified by the

  6  department, along with payment in an amount equal to the costs

  7  incurred by the Department of Health for the statewide

  8  criminal background check of the applicant. An The applicant

  9  for a renewed license who received an initial license in this

10  state after January 1, 1992, must submit a set of fingerprints

11  to the Department of Health on a form and under procedures

12  specified by the department, along with payment in an amount

13  equal to the costs incurred by the department for a national

14  criminal background check of the applicant for the initial

15  renewal of his or her license after January 1, 2000. If the

16  applicant fails to submit either the information required

17  under s. 455.565 or a set of fingerprints to the department as

18  required by this section, the department shall issue a notice

19  of noncompliance, and the applicant will be given 30

20  additional days to comply. If the applicant fails to comply

21  within 30 days after the notice of noncompliance is issued,

22  the department or board, as appropriate, may issue a citation

23  to the applicant and may fine the applicant up to $50 for each

24  day that the applicant is not in compliance with the

25  requirements of s. 455.565. The citation must clearly state

26  that the applicant may choose, in lieu of accepting the

27  citation, to follow the procedure under s. 455.621. If the

28  applicant disputes the matter in the citation, the procedures

29  set forth in s. 455.621 must be followed. However, if the

30  applicant does not dispute the matter in the citation with the

31  department within 30 days after the citation is served, the

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    Florida House of Representatives - 1999                 HB 957

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  1  citation becomes a final order and constitutes discipline.

  2  Service of a citation may be made by personal service or

  3  certified mail, restricted delivery, to the subject at the

  4  applicant's last known address. The department may not delay

  5  renewing a license due to the processing of a statewide

  6  criminal history check or a national criminal background

  7  check. If an applicant has submitted fingerprints to the

  8  department for a national criminal history check upon initial

  9  licensure and is renewing his or her license for the first

10  time, then the applicant need only submit the information and

11  fee required for a statewide criminal history check.

12         Section 5.  Subsection (1) of section 461.007, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         461.007  Renewal of license.--

15         (1)  The department shall renew a license upon receipt

16  of the renewal application and a fee not to exceed $350 set by

17  the board. An applicant for a renewed license must also submit

18  the information required under s. 455.565 to the department on

19  a form and under procedures specified by the department, along

20  with payment in an amount equal to the costs incurred by the

21  Department of Health for the statewide criminal background

22  check of the applicant. An The applicant for a renewed license

23  who received an initial license in this state after January 1,

24  1992, must submit a set of fingerprints to the Department of

25  Health on a form and under procedures specified by the

26  department, along with payment in an amount equal to the costs

27  incurred by the department for a national criminal background

28  check of the applicant for the initial renewal of his or her

29  license after January 1, 2000. If the applicant fails to

30  submit either the information required under s. 455.565 or a

31  set of fingerprints to the department as required by this

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  1  section, the department shall issue a notice of noncompliance,

  2  and the applicant will be given 30 additional days to comply.

  3  If the applicant fails to comply within 30 days after the

  4  notice of noncompliance is issued, the department or board, as

  5  appropriate, may issue a citation to the applicant and may

  6  fine the applicant up to $50 for each day that the applicant

  7  is not in compliance with the requirements of s. 455.565. The

  8  citation must clearly state that the applicant may choose, in

  9  lieu of accepting the citation, to follow the procedure under

10  s. 455.621. If the applicant disputes the matter in the

11  citation, the procedures set forth in s. 455.621 must be

12  followed. However, if the applicant does not dispute the

13  matter in the citation with the department within 30 days

14  after the citation is served, the citation becomes a final

15  order and constitutes discipline. Service of a citation may be

16  made by personal service or certified mail, restricted

17  delivery, to the subject at the applicant's last known

18  address. The department may not delay renewing a license due

19  to the processing of a statewide criminal history check or a

20  national criminal background check. If an applicant has

21  submitted fingerprints to the department for a national

22  criminal history check upon initial licensure and is renewing

23  his or her license for the first time, then the applicant need

24  only submit the information and fee required for a statewide

25  criminal history check.

26         Section 6.  This act shall take effect July 1, 1999.

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    Florida House of Representatives - 1999                 HB 957

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Requires physicians, osteopathic physicians, chiropractic
      physicians, and podiatrists who received an initial
  4    license after January 1, 1992, to submit a set of
      fingerprints to the Department of Health for the initial
  5    license renewal that occurs after January 1, 2000.
      Provides for a practitioner who received an initial
  6    license on or before January 1, 1992, to submit
      fingerprints for any license renewal that occurs after
  7    January 1, 2000.

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