CODING: Words stricken are deletions; words underlined are additions.
                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
                            CHAMBER ACTION
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11  Senator Campbell moved the following amendment to amendment
12  (540324):
13
14         Senate Amendment (with title amendment) 
15         On page 30, lines 28-31, delete those lines
16
17  and insert:  with federal and state law.
18         Section 18.  Section 458.3135, Florida Statutes, is
19  created to read:
20         458.3135  Temporary certificate for visiting physicians
21  to practice in approved cancer centers.--
22         (1)  Any physician who has been accepted for a course
23  of training by a cancer center approved by the board and who
24  meets all of the qualifications set forth in this section may
25  be issued a temporary certificate to practice in a
26  board-approved cancer center under the International Cancer
27  Center Visiting Physician Program. A certificate may be issued
28  to a physician who will be training under the direct
29  supervision of a physician employed by or under contract with
30  an approved cancer center for a period of no more than 1 year.
31  The purpose of the International Cancer Center Visiting
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  Physician Program is to provide to internationally respected
 2  and highly qualified physicians advanced education and
 3  training on cancer treatment techniques developed at an
 4  approved cancer center. The board may issue this temporary
 5  certificate in accordance with the restrictions set forth in
 6  this section.
 7         (2)  A temporary certificate for practice in an
 8  approved cancer center may be issued without examination to an
 9  individual who:
10         (a)  Is a graduate of an accredited medical school or
11  its equivalent, or is a graduate of a foreign medical school
12  listed with the World Health Organization;
13         (b)  Holds a valid and unencumbered license to practice
14  medicine in another country;
15         (c)  Has completed the application form adopted by the
16  board and remitted a nonrefundable application fee not to
17  exceed $300;
18         (d)  Has not committed any act in this or any other
19  jurisdiction which would constitute the basis for disciplining
20  a physician under s. 455.624 or s. 458.331;
21         (e)  Meets the financial responsibility requirements of
22  s. 458.320; and
23         (f)  Has been accepted for a course of training by a
24  cancer center approved by the board.
25         (3)  The board shall by rule establish qualifications
26  for approval of cancer centers under this section, which at a
27  minimum shall require the cancer center to be licensed under
28  chapter 395 and have met the standards required to be a
29  National Cancer Institute-designated cancer center. The board
30  shall review the cancer centers approved under this section
31  not less than annually to ascertain that the minimum
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  requirements of this chapter and the rules adopted thereunder
 2  are being complied with. If it is determined that such minimum
 3  requirements are not being met by an approved cancer center,
 4  the board shall rescind its approval of that cancer center and
 5  no temporary certificate for that cancer center shall be valid
 6  until such time as the board reinstates its approval of that
 7  cancer center.
 8         (4)  A recipient of a temporary certificate for
 9  practice in an approved cancer center may use the certificate
10  to practice for the duration of the course of training at the
11  approved cancer center so long as the duration of the course
12  does not exceed 1 year. If at any time the cancer center is no
13  longer approved by the board, the temporary certificate shall
14  expire and the recipient shall no longer be authorized to
15  practice in this state.
16         (5)  A recipient of a temporary certificate for
17  practice in an approved cancer center is limited to practicing
18  in facilities owned or operated by that approved cancer center
19  and is limited to only practicing under the direct supervision
20  of a physician who holds a valid, active, and unencumbered
21  license to practice medicine in this state issued under this
22  chapter or chapter 459.
23         (6)  The board shall not issue a temporary certificate
24  for practice in an approved cancer center to any physician who
25  is under investigation in another jurisdiction for an act that
26  would constitute a violation of this chapter or chapter 455
27  until such time as the investigation is complete and the
28  physician is found innocent of all charges.
29         (7)  A physician applying under this section is exempt
30  from the requirements of ss. 455.565-455.5656. All other
31  provisions of chapters 455 and 458 apply.
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1         (8)  In any year, the maximum number of temporary
 2  certificates that may be issued by the board under this
 3  section may not exceed 10 at each approved cancer center.
 4         (9)  The board may adopt rules pursuant to ss.
 5  120.536(1) and 120.54 as necessary to implement this section.
 6         (10)  Nothing in this section may be construed to
 7  authorize a physician who is not licensed to practice medicine
 8  in this state to qualify for or otherwise engage in the
 9  practice of medicine in this state, except as provided in this
10  section.
11         Section 19.  Paragraph (i) of subsection (1), and
12  subsection (4) of section 458.3145, Florida Statutes, are
13  amended to read:
14           458.3145  Medical faculty certificate.--
15         (1)  A medical faculty certificate may be issued
16  without examination to an individual who:
17         (a)  Is a graduate of an accredited medical school or
18  its equivalent, or is a graduate of a foreign medical school
19  listed with the World Health Organization;
20         (b)  Holds a valid, current license to practice
21  medicine in another jurisdiction;
22         (c)  Has completed the application form and remitted a
23  nonrefundable application fee not to exceed $500;
24         (d)  Has completed an approved residency or fellowship
25  of at least 1 year or has received training which has been
26  determined by the board to be equivalent to the 1-year
27  residency requirement;
28         (e)  Is at least 21 years of age;
29         (f)  Is of good moral character;
30         (g)  Has not committed any act in this or any other
31  jurisdiction which would constitute the basis for disciplining
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  a physician under s. 458.331;
 2         (h)  For any applicant who has graduated from medical
 3  school after October 1, 1992, has completed, before entering
 4  medical school, the equivalent of 2 academic years of
 5  preprofessional, postsecondary education, as determined by
 6  rule of the board, which must include, at a minimum, courses
 7  in such fields as anatomy, biology, and chemistry; and
 8         (i)  Has been offered and has accepted a full-time
 9  faculty appointment to teach in a program of medicine at:
10         1.  The University of Florida,
11         2.  The University of Miami,
12         3.  The University of South Florida, or
13         4.  The Florida State University, or
14         54.  The Mayo Medical School at the Mayo Clinic in
15  Jacksonville, Florida.
16         (2)  The certificate authorizes the holder to practice
17  only in conjunction with his or her faculty position at an
18  accredited medical school and its affiliated clinical
19  facilities or teaching hospitals that are registered with the
20  Board of Medicine as sites at which holders of medical faculty
21  certificates will be practicing.  Such certificate
22  automatically expires when the holder's relationship with the
23  medical school is terminated or after a period of 24 months,
24  whichever occurs sooner, and is renewable every 2 years by a
25  holder who applies to the board on a form prescribed by the
26  board and provides certification by the dean of the medical
27  school that the holder is a distinguished medical scholar and
28  an outstanding practicing physician.
29         (3)  The holder of a medical faculty certificate issued
30  under this section has all rights and responsibilities
31  prescribed by law for the holder of a license issued under s.
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  458.311, except as specifically provided otherwise by law.
 2  Such responsibilities include compliance with continuing
 3  medical education requirements as set forth by rule of the
 4  board. A hospital or ambulatory surgical center licensed under
 5  chapter 395, health maintenance organization certified under
 6  chapter 641, insurer as defined in s. 624.03,
 7  multiple-employer welfare arrangement as defined in s.
 8  624.437, or any other entity in this state, in considering and
 9  acting upon an application for staff membership, clinical
10  privileges, or other credentials as a health care provider,
11  may not deny the application of an otherwise qualified
12  physician for such staff membership, clinical privileges, or
13  other credentials solely because the applicant is a holder of
14  a medical faculty certificate under this section.
15         (4)  In any year, the maximum number of extended
16  medical faculty certificateholders as provided in subsection
17  (2) may not exceed 15 persons at each institution named in
18  subparagraphs (1)(i)1.-43. and at the facility named in s.
19  240.512 and may not exceed 5 persons at the institution named
20  in subparagraph (1)(i)54.
21         5.  Annual review of all such certificate recipients
22  will be made by the deans of the accredited 4-year medical
23  schools within this state and reported to the Board of
24  Medicine.
25         (5)  Notwithstanding subsection (1), any physician,
26  when providing medical care or treatment in connection with
27  the education of students, residents, or faculty at the
28  request of the dean of an accredited medical school within
29  this state or at the request of the medical director of a
30  statutory teaching hospital as defined in s. 408.07, may do so
31  upon registration with the board and demonstration of
                                  6
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  financial responsibility pursuant to s. 458.320(1) or (2)
 2  unless such physician is exempt under s. 458.320(5)(a).  The
 3  performance of such medical care or treatment must be limited
 4  to a single period of time, which may not exceed 180
 5  consecutive days, and must be rendered within a facility
 6  registered under subsection (2) or within a statutory teaching
 7  hospital as defined in s. 408.07.  A registration fee not to
 8  exceed $300, as set by the board, is required of each
 9  physician registered under this subsection. However, no more
10  than three physicians per year per institution may be
11  registered under this subsection, and an exemption under this
12  subsection may not be granted to a physician more than once in
13  any given 5-year period.
14         Section 20.  Subsection (5) is added to section
15  458.315, Florida Statutes, to read:
16         458.315  Temporary certificate for practice in areas of
17  critical need.--Any physician who is licensed to practice in
18  any other state, whose license is currently valid, and who
19  pays an application fee of $300 may be issued a temporary
20  certificate to practice in communities of Florida where there
21  is a critical need for physicians.  A certificate may be
22  issued to a physician who will be employed by a county health
23  department, correctional facility, community health center
24  funded by s. 329, s. 330, or s. 340 of the United States
25  Public Health Services Act, or other entity that provides
26  health care to indigents and that is approved by the State
27  Health Officer.  The Board of Medicine may issue this
28  temporary certificate with the following restrictions:
29         (5)  The application fee and all licensure fees,
30  including neurological injury compensation assessments, shall
31  be waived for those persons obtaining a temporary certificate
                                  7
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  to practice in areas of critical need for the purpose of
 2  providing volunteer, uncompensated care for low-income
 3  Floridians. The applicant must submit an affidavit from the
 4  employing agency or institution stating that the physician
 5  will not receive any compensation for any service involving
 6  the practice of medicine.
 7         Section 21.  Section 458.345, Florida Statutes, is
 8  amended to read:
 9         458.345  Registration of resident physicians, interns,
10  and fellows; list of hospital employees; prescribing of
11  medicinal drugs; penalty.--
12         (1)  Any person desiring to practice as a resident
13  physician, assistant resident physician, house physician,
14  intern, or fellow in fellowship training which leads to
15  subspecialty board certification in this state, or any person
16  desiring to practice as a resident physician, assistant
17  resident physician, house physician, intern, or fellow in
18  fellowship training in a teaching hospital in this state as
19  defined in s. 408.07(44) or s. 395.805(2), who does not hold a
20  valid, active license issued under this chapter shall apply to
21  the department to be registered and shall remit a fee not to
22  exceed $300 as set by the board.  The department shall
23  register any applicant the board certifies has met the
24  following requirements:
25         (a)  Is at least 21 years of age.
26         (b)  Has not committed any act or offense within or
27  without the state which would constitute the basis for refusal
28  to certify an application for licensure pursuant to s.
29  458.331.
30         (c)  Is a graduate of a medical school or college as
31  specified in s. 458.311(1)(f).
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1         (2)  The board shall not certify to the department for
 2  registration any applicant who is under investigation in any
 3  state or jurisdiction for an act which would constitute the
 4  basis for imposing a disciplinary penalty specified in s.
 5  458.331(2)(b) until such time as the investigation is
 6  completed, at which time the provisions of s. 458.331 shall
 7  apply.
 8         (3)  Every hospital or teaching hospital employing or
 9  utilizing the services of a resident physician, assistant
10  resident physician, house physician, intern, or fellow in
11  fellowship training registered under this section which leads
12  to subspecialty board certification shall designate a person
13  who shall, on dates designated by the board, in consultation
14  with the department, furnish the department with a list of
15  such the hospital's employees and such other information as
16  the board may direct.  The chief executive officer of each
17  such hospital shall provide the executive director of the
18  board with the name, title, and address of the person
19  responsible for furnishing such reports.
20         (4)  Registration under this section shall
21  automatically expire after 2 years without further action by
22  the board or the department unless an application for renewal
23  is approved by the board.  No person registered under this
24  section may be employed or utilized as a house physician or
25  act as a resident physician, an assistant resident physician,
26  an intern, or a fellow in fellowship training which leads to a
27  subspecialty board certification in a hospital or teaching
28  hospital of this state for more than 2 years without a valid,
29  active license or renewal of registration under this section.
30  Requirements for renewal of registration shall be established
31  by rule of the board.  An application fee not to exceed $300
                                  9
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  as set by the board shall accompany the application for
 2  renewal, except that resident physicians, assistant resident
 3  physicians, interns, and fellows in fellowship training
 4  registered under this section which leads to subspecialty
 5  board certification shall be exempt from payment of any
 6  renewal fees.
 7         (5)  Notwithstanding any provision of this section or
 8  s. 120.52 to the contrary, any person who is registered under
 9  this section is subject to the provisions of s. 458.331.
10         (6)  A person registered as a resident physician under
11  this section may in the normal course of his or her employment
12  prescribe medicinal drugs described in schedules set out in
13  chapter 893 when:
14         (a)  The person prescribes such medicinal drugs through
15  use of a Drug Enforcement Administration number issued to the
16  hospital or teaching hospital by which the person is employed
17  or at which the person's services are used;
18         (b)  The person is identified by a discrete suffix to
19  the identification number issued to such the hospital; and
20         (c)  The use of the institutional identification number
21  and individual suffixes conforms to the requirements of the
22  federal Drug Enforcement Administration.
23         (7)  Any person willfully violating this section
24  commits a misdemeanor of the first degree, punishable as
25  provided in s. 775.082 or s. 775.083.
26         (8)  The board shall promulgate rules pursuant to ss.
27  120.536(1) and 120.54 as necessary to implement this section.
28         Section 22.  Subsection (3) of section 458.348, Florida
29  Statutes, is created to read:
30         458.348  Formal supervisory relationships, standing
31  orders, and established protocols; notice; standards.--
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1         (3)  PROTOCOLS REQUIRING DIRECT SUPERVISION.--All
 2  protocols relating to electrolysis or electrology using laser
 3  or light-based hair removal or reduction by persons other than
 4  physicians licensed under this chapter or chapter 459 shall
 5  require the person performing such service to be appropriately
 6  trained and work only under the direct supervision and
 7  responsibility of a physician licensed under this chapter or
 8  chapter 459.
 9         Section 23.  Section 459.021, Florida Statutes, is
10  amended to read:
11         459.021  Registration of resident physicians, interns,
12  and fellows; list of hospital employees; penalty.--
13         (1)  Any person who holds a degree of Doctor of
14  Osteopathic Medicine from a college of osteopathic medicine
15  recognized and approved by the American Osteopathic
16  Association who desires to practice as a resident physician,
17  assistant resident physician, house physician, intern, or
18  fellow in fellowship training which leads to subspecialty
19  board certification in this state, or any person desiring to
20  practice as a resident physician, assistant resident
21  physician, house physician, intern, or fellow in fellowship
22  training in a teaching hospital in this state as defined in s.
23  408.07(44) or s. 395.805(2), who does not hold an active
24  license issued under this chapter shall apply to the
25  department to be registered, on an application provided by the
26  department, within 30 days of commencing such a training
27  program and shall remit a fee not to exceed $300 as set by the
28  board.
29         (2)  Any person required to be registered under this
30  section shall renew such registration annually.  Such
31  registration shall be terminated upon the registrant's receipt
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  of an active license issued under this chapter.  No person
 2  shall be registered under this section for an aggregate of
 3  more than 5 years, unless additional years are approved by the
 4  board.
 5         (3)  Every hospital or teaching hospital having
 6  employed or contracted with or utilized the services of a
 7  person who holds a degree of Doctor of Osteopathic Medicine
 8  from a college of osteopathic medicine recognized and approved
 9  by the American Osteopathic Association as a resident
10  physician, assistant resident physician, house physician,
11  intern, or fellow in fellowship training registered under this
12  section which leads to subspecialty board certification shall
13  designate a person who shall furnish, on dates designated by
14  the board, in consultation with the department, to the
15  department a list of all such persons who have served in such
16  the hospital during the preceding 6-month period. The chief
17  executive officer of each such hospital shall provide the
18  executive director of the board with the name, title, and
19  address of the person responsible for filing such reports.
20         (4)  The registration may be revoked or the department
21  may refuse to issue any registration for any cause which would
22  be a ground for its revocation or refusal to issue a license
23  to practice osteopathic medicine, as well as on the following
24  grounds:
25         (a)  Omission of the name of an intern, resident
26  physician, assistant resident physician, house physician, or
27  fellow in fellowship training from the list of employees
28  required by subsection (3) to be furnished to the department
29  by the hospital or teaching hospital served by the employee.
30         (b)  Practicing osteopathic medicine outside of a bona
31  fide hospital training program.
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1         (5)  It is a misdemeanor of the second degree,
 2  punishable as provided in s. 775.082 or s. 775.083 for any
 3  hospital or teaching hospital, and also for the
 4  superintendent, administrator, and other person or persons
 5  having administrative authority in such a hospital:
 6         (a)  To employ the services in such the hospital of any
 7  person listed in subsection (3), unless such person is
 8  registered with the department under the law or the holder of
 9  a license to practice osteopathic medicine under this chapter.
10         (b)  To fail to furnish to the department the list and
11  information required by subsection (3).
12         (6)  Any person desiring registration pursuant to this
13  section shall meet all the requirements of s. 459.0055.
14         (7)  The board shall promulgate rules pursuant to ss.
15  120.536(1) and 120.54 as necessary to implement this section.
16         (8)  Notwithstanding any provision of this section or
17  s. 120.52 to the contrary, any person who is registered under
18  this section is subject to the provisions of s. 459.015.
19         (9)  A person registered as a resident physician under
20  this section may in the normal course of his or her employment
21  prescribe medicinal drugs described in schedules set out in
22  chapter 893 when:
23         (a)  The person prescribes such medicinal drugs through
24  use of a Drug Enforcement Administration number issued to the
25  hospital or teaching hospital by which the person is employed
26  or at which the person's services are used;
27         (b)  The person is identified by a discrete suffix to
28  the identification number issued to such the hospital; and
29         (c)  The use of the institutional identification number
30  and individual suffixes conforms to the requirements of the
31  federal Drug Enforcement Administration.
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1         Section 24.  Subsection (nn) is added to section
 2  458.331(1), Florida Statutes, to read:
 3         458.331  Grounds for disciplinary action; action by the
 4  board and department.--
 5         (1)  The following acts shall constitute grounds for
 6  which the disciplinary actions specified in subsection (2) may
 7  be taken:
 8         (nn)  Delegating ocular post-operative responsibilities
 9  to a person not licensed under chapters 458 or 459.
10         Section 25.  Subsection (pp) is added to section
11  459.015(1), Florida Statutes, to read:
12         459.015  Grounds for disciplinary action by the
13  board.--
14         (1)  The following acts shall constitute grounds for
15  which the disciplinary actions specified in subsection (2) may
16  be taken:
17         (pp)  Delegating ocular post-operative responsibilities
18  to a person not licensed under chapters 458 or 459.
19         Section 26.  Paragraph (d) is added to subsection (9)
20  of section 458.347, Florida Statutes, to read:
21         458.347  Physician assistants.--
22         (9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
23  Physician Assistants is created within the department.
24         (a)  The council shall consist of five members
25  appointed as follows:
26         1.  The chairperson of the Board of Medicine shall
27  appoint three members who are physicians and members of the
28  Board of Medicine.  One of the physicians must supervise a
29  physician assistant in the physician's practice.
30         2.  The chairperson of the Board of Osteopathic
31  Medicine shall appoint one member who is a physician and a
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  member of the Board of Osteopathic Medicine.
 2         3.  The secretary of the department or his or her
 3  designee shall appoint a fully licensed physician assistant
 4  licensed under this chapter or chapter 459.
 5         (b)  Two of the members appointed to the council must
 6  be physicians who supervise physician assistants in their
 7  practice. Members shall be appointed to terms of 4 years,
 8  except that of the initial appointments, two members shall be
 9  appointed to terms of 2 years, two members shall be appointed
10  to terms of 3 years, and one member shall be appointed to a
11  term of 4 years, as established by rule of the boards.
12  Council members may not serve more than two consecutive terms.
13  The council shall annually elect a chairperson from among its
14  members.
15         (c)  The council shall:
16         1.  Recommend to the department the licensure of
17  physician assistants.
18         2.  Develop all rules regulating the use of physician
19  assistants by physicians under this chapter and chapter 459,
20  except for rules relating to the formulary developed under
21  paragraph (4)(f). The council shall also develop rules to
22  ensure that the continuity of supervision is maintained in
23  each practice setting.  The boards shall consider adopting a
24  proposed rule developed by the council at the regularly
25  scheduled meeting immediately following the submission of the
26  proposed rule by the council.  A proposed rule submitted by
27  the council may not be adopted by either board unless both
28  boards have accepted and approved the identical language
29  contained in the proposed rule. The language of all proposed
30  rules submitted by the council must be approved by both boards
31  pursuant to each respective board's guidelines and standards
                                  15
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  regarding the adoption of proposed rules. If either board
 2  rejects the council's proposed rule, that board must specify
 3  its objection to the council with particularity and include
 4  any recommendations it may have for the modification of the
 5  proposed rule.
 6         3.  Make recommendations to the boards regarding all
 7  matters relating to physician assistants.
 8         4.  Address concerns and problems of practicing
 9  physician assistants in order to improve safety in the
10  clinical practices of licensed physician assistants.
11         (d)  When the Council finds that an applicant for
12  licensure has failed to meet, to the Council's satisfaction,
13  each of the requirements for licensure set forth in this
14  section, the Council may enter an order to:
15         1.  Refuse to certify the applicant for licensure;
16         2.  Approve the applicant for licensure with
17  restrictions on the scope of practice or license; or
18         3.  Approve the applicant for conditional licensure.
19  Such conditions may include placement of the licensee on
20  probation for a period of time and subject to such conditions
21  as the Council may specify, including but not limited to,
22  requiring the licensee to undergo treatment, to attend
23  continuing education courses, to work under the direct
24  supervision of a physician licensed in this state, or to take
25  corrective action.
26         Section 27.  Paragraph (d) is added to subsection (9)
27  of section 459.022, Florida Statutes, to read:
28         459.022  Physician assistants.--
29         (9)  COUNCIL ON PHYSICIAN ASSISTANTS.--The Council on
30  Physician Assistants is created within the department.
31         (a)  The council shall consist of five members
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  appointed as follows:
 2         1.  The chairperson of the Board of Medicine shall
 3  appoint three members who are physicians and members of the
 4  Board of Medicine.  One of the physicians must supervise a
 5  physician assistant in the physician's practice.
 6         2.  The chairperson of the Board of Osteopathic
 7  Medicine shall appoint one member who is a physician and a
 8  member of the Board of Osteopathic Medicine.
 9         3.  The secretary of the department or her or his
10  designee shall appoint a fully licensed physician assistant
11  licensed under chapter 458 or this chapter.
12         (b)  Two of the members appointed to the council must
13  be physicians who supervise physician assistants in their
14  practice. Members shall be appointed to terms of 4 years,
15  except that of the initial appointments, two members shall be
16  appointed to terms of 2 years, two members shall be appointed
17  to terms of 3 years, and one member shall be appointed to a
18  term of 4 years, as established by rule of the boards.
19  Council members may not serve more than two consecutive terms.
20  The council shall annually elect a chairperson from among its
21  members.
22         (c)  The council shall:
23         1.  Recommend to the department the licensure of
24  physician assistants.
25         2.  Develop all rules regulating the use of physician
26  assistants by physicians under chapter 458 and this chapter,
27  except for rules relating to the formulary developed under s.
28  458.347(4)(f). The council shall also develop rules to ensure
29  that the continuity of supervision is maintained in each
30  practice setting. The boards shall consider adopting a
31  proposed rule developed by the council at the regularly
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  scheduled meeting immediately following the submission of the
 2  proposed rule by the council.  A proposed rule submitted by
 3  the council may not be adopted by either board unless both
 4  boards have accepted and approved the identical language
 5  contained in the proposed rule. The language of all proposed
 6  rules submitted by the council must be approved by both boards
 7  pursuant to each respective board's guidelines and standards
 8  regarding the adoption of proposed rules.  If either board
 9  rejects the council's proposed rule, that board must specify
10  its objection to the council with particularity and include
11  any recommendations it may have for the modification of the
12  proposed rule.
13         3.  Make recommendations to the boards regarding all
14  matters relating to physician assistants.
15         4.  Address concerns and problems of practicing
16  physician assistants in order to improve safety in the
17  clinical practices of licensed physician assistants.
18         (d)  When the Council finds that an applicant for
19  licensure has failed to meet, to the Council's satisfaction,
20  each of the requirements for licensure set forth in this
21  section, the Council may enter an order to:
22         1.  Refuse to certify the applicant for licensure;
23         2.  Approve the applicant for licensure with
24  restrictions on the scope of practice or license; or
25         3.  Approve the applicant for conditional licensure.
26  Such conditions may include placement of the licensee on
27  probation for a period of time and subject to such conditions
28  as the Council may specify, including but not limited to,
29  requiring the licensee to undergo treatment, to attend
30  continuing education courses, to work under the direct
31  supervision of a physician licensed in this state, or to take
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1  corrective action.
 2
 3  (Renumber subsequent sections)
 4
 5
 6  ================ T I T L E   A M E N D M E N T ===============
 7  And the title is amended as follows:
 8         On page 67, line 9, after the semicolon
 9
10  insert:
11         creating s. 458.3135, F.S.; providing for
12         temporary certification for visiting physicians
13         to practice in approved cancer centers;
14         providing certification requirements; providing
15         fees; providing for approval of cancer centers
16         and annual review of such approval; providing
17         practice limitations and conditions; limiting
18         the number of certificates that may be issued;
19         providing rulemaking authority; amending s.
20         458.3145, F.S.; adding medical schools to list
21         of programs at which medical faculty
22         certificateholders may practice; amending s.
23         458.315, F.S.; waiving application and
24         licensure fees for physicians obtaining a
25         temporary certificate to practice in areas of
26         critical need when such practice is limited to
27         volunteer, uncompensated care for low-income
28         persons; amending ss. 458.345 and 459.021,
29         F.S.; providing for registration of persons
30         desiring to practice as a resident physician,
31         assistant resident physician, house physician,
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                                                  SENATE AMENDMENT
    Bill No. CS for SB 1028
    Amendment No.    
 1         intern, or fellow in fellowship training in a
 2         statutory teaching hospital; providing
 3         requirements; providing fees; providing
 4         penalties; providing rulemaking authority;
 5         amending s. 458.348, F.S.; requiring protocols
 6         to contain specified requirements; creating s.
 7         458.331(1)(nn), F.S.; providing ground for
 8         discipline; creating s. 459.015(1)(pp), F.S.,
 9         providing ground for discipline; amending s.
10         458.347, F.S.; providing authority to the
11         Council on Physician Assistants to refuse to
12         certify an applicant for licensure or place
13         restrictions or conditions on license; amending
14         s. 459.022, F.S.; providing authority to the
15         Council on Physician Assistants to refuse to
16         certify an applicant for licensure or place
17         restrictions or conditions on license;
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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