House Bill 0957e1

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                                       HB 957, First Engrossed/ntc



  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.

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

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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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                                       HB 957, First Engrossed/ntc



  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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                                       HB 957, First Engrossed/ntc



  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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                                       HB 957, First Engrossed/ntc



  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  received an initial license to practice in this state after

11  January 1, 1992 and has submitted fingerprints to the

12  department for a national criminal history check upon initial

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

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

15  fee required for a statewide criminal history check.

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

17  Statutes, 1998 Supplement, is amended to read:

18         459.008  Renewal of licenses and certificates.--

19         (1)  The department shall renew a license or

20  certificate upon receipt of the renewal application and fee.

21  An applicant for a renewed license must also submit the

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

23  form and under procedures specified by the department, along

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

25  Department of Health for the statewide criminal background

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

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

28  1992, must submit a set of fingerprints to the Department of

29  Health on a form and under procedures specified by the

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

31  incurred by the department for a national criminal background


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                                       HB 957, First Engrossed/ntc



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

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

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

  4  set of fingerprints to the department as required by this

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

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

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

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

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

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

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

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

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

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

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

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

17  matter in the citation with the department within 30 days

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

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

20  made by personal service or certified mail, restricted

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

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

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

24  national criminal background check. If an applicant has

25  received an initial license to practice in this state after

26  January 1, 1992 and has submitted fingerprints to the

27  department for a national criminal history check upon initial

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

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

30  fee required for a statewide criminal history check.

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                                       HB 957, First Engrossed/ntc



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

  2  Statutes, 1998 Supplement, is amended to read:

  3         460.407  Renewal of license.--

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

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

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

  7  submit the information required under s. 455.565 to the

  8  department on a form and under procedures specified by the

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

10  incurred by the Department of Health for the statewide

11  criminal background check of the applicant. An The applicant

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

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

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

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

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

17  criminal background check of the applicant for the initial

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

19  applicant fails to submit either the information required

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

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

22  of noncompliance, and the applicant will be given 30

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

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

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

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

27  day that the applicant is not in compliance with the

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

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

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

31  applicant disputes the matter in the citation, the procedures


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                                       HB 957, First Engrossed/ntc



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

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

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

  4  citation becomes a final order and constitutes discipline.

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

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

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

  8  renewing a license due to the processing of a statewide

  9  criminal history check or a national criminal background

10  check. If an applicant has received an initial license to

11  practice in this state after January 1, 1992 and has submitted

12  fingerprints to the department for a national criminal history

13  check upon initial licensure and is renewing his or her

14  license for the first time, then the applicant need only

15  submit the information and fee required for a statewide

16  criminal history check.

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

18  Statutes, 1998 Supplement, is amended to read:

19         461.007  Renewal of license.--

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

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

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

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

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

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

26  Department of Health for the statewide criminal background

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

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

29  1992, must submit a set of fingerprints to the Department of

30  Health on a form and under procedures specified by the

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


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                                       HB 957, First Engrossed/ntc



  1  incurred by the department for a national criminal background

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

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

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

  5  set of fingerprints to the department as required by this

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

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

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

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

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

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

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

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

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

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

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

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

18  matter in the citation with the department within 30 days

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

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

21  made by personal service or certified mail, restricted

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

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

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

25  national criminal background check. If an applicant has

26  received an initial license to practice in this state after

27  January 1, 1992 and has submitted fingerprints to the

28  department for a national criminal history check upon initial

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

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

31  fee required for a statewide criminal history check.


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                                       HB 957, First Engrossed/ntc



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

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