Senate Bill 2512

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 2512

    By Senator Diaz-Balart





    37-1697-00

  1                      A bill to be entitled

  2         An act relating to foreign-licensed physicians;

  3         amending s. 458.3115, F.S.; revising provisions

  4         governing the licensure of such physicians;

  5         providing an effective date.

  6

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

  8

  9         Section 1.  Section 458.3115, Florida Statutes, is

10  amended to read:

11         458.3115  Restricted license; certain foreign-licensed

12  physicians; examination; restrictions on practice; full

13  licensure.--

14         (1)(a)  Notwithstanding any other provision of law, the

15  department shall provide procedures under which certain

16  physicians who are or were foreign-licensed and have practiced

17  medicine no less than 2 years may take the USMLE or an

18  examination developed by the department, in consultation with

19  the board, to qualify for a restricted license to practice

20  medicine in this state. The department-developed examination

21  shall test the same areas of medical knowledge as the

22  Federation of State Medical Boards of the United States, Inc.

23  (FLEX) previously administered by the Florida Board of

24  Medicine to grant medical licensure in Florida. The

25  department-developed examination must be made available no

26  later than December 31, 1998, to a physician who qualifies for

27  licensure. A person who is eligible to take and elects to take

28  the department-developed examination, who has previously

29  passed part 1 or part 2 of the previously administered FLEX

30  shall not be required to retake or pass the equivalent parts

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2512
    37-1697-00




  1  of the department-developed examination, and may sit for the

  2  department-developed examination five times within 5 years.

  3         (b)  A person who is eligible to take and elects to

  4  take the USMLE who has previously passed part 1 or part 2 of

  5  the previously administered FLEX shall not be required to

  6  retake or pass the equivalent parts of the USMLE up to the

  7  year 2002.

  8         (c)  A person shall be eligible to take such

  9  examination for restricted licensure if the person:

10         1.  Has taken, upon approval by the board, and

11  completed, in November 1990 or November 1992, one of the

12  special preparatory medical update courses authorized by the

13  board and the University of Miami Medical School and

14  subsequently passed the final course examination; upon

15  approval by the board to take the course completed in 1990 or

16  in 1992, has a certificate of successful completion of that

17  course from the University of Miami or the Stanley H. Kaplan

18  course; or can document to the department that he or she was

19  one of the persons who took and successfully completed the

20  Stanley H. Kaplan course that was approved by the board and

21  supervised by the University of Miami. At a minimum, the

22  documentation must include class attendance records and the

23  test score on the final course examination;

24         2.  Applies to the department and submits an

25  application fee that is nonrefundable and equivalent to the

26  fee required for full licensure;

27         3.  Documents no less than 2 years of the active

28  practice of medicine in any jurisdiction;

29         4.  Submits an examination fee that is nonrefundable

30  and equivalent to the fee required for full licensure plus the

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2512
    37-1697-00




  1  actual per-applicant cost to the department to provide either

  2  examination described in this section;

  3         5.  Has not committed any act or offense in this or any

  4  other jurisdiction that would constitute a substantial basis

  5  for disciplining a physician under this chapter or part II of

  6  chapter 455; and

  7         6.  Is not under discipline, investigation, or

  8  prosecution in this or any other jurisdiction for an act that

  9  would constitute a violation of this chapter or part II of

10  chapter 455 and that substantially threatened or threatens the

11  public health, safety, or welfare.

12         (d)  Every person eligible for restricted licensure

13  under this section may sit for the USMLE or the

14  department-developed examination five times within 5 calendar

15  years. Applicants desiring to use portions of the FLEX and the

16  USMLE may do so up to the year 2000.  However, notwithstanding

17  subparagraph (c)3., applicants applying under this section who

18  fail the examination up to a total of five times will only be

19  required to pay the examination fee required for full

20  licensure for the second and subsequent times they take the

21  examination.

22         (e)  The department and the board shall be responsible

23  for working with one or more organizations to offer a medical

24  refresher course designed to prepare applicants to take either

25  licensure examination described in this section. The

26  organizations may develop the medical refresher course,

27  purchase such a course, or contract for such a course from a

28  private organization that specializes in developing such

29  courses.

30         (f)  The course shall require no less than two 16-week

31  semesters of 16 contact hours per week for a total of 256

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2512
    37-1697-00




  1  contact hours per student for each semester. The cost is to be

  2  paid by the students taking the course.

  3         (2)(a)  Before the department may issue a restricted

  4  license to an applicant under this section, the applicant must

  5  have passed either of the two examinations described in this

  6  section.  However, notwithstanding any other provision of law,

  7  any person who was approved by the Board of Medicine,

  8  completed the November 1990 or November 1992 special

  9  preparatory medical update course authorized by the Board of

10  Medicine and the University of Miami Medical School, and

11  subsequently passed the final course examination and the Mock

12  FLEX examination, or who was approved by the Board of Medicine

13  and has a certificate of successful completion from the

14  University of Miami, is exempt from any licensure examination

15  required by s. 458.311 or this section, including the

16  licensure examinations of the National Board of Medical

17  Examiners (NBME), the Federation of State Medical Boards of

18  the United States, Inc., (FLEX), the United States Medical

19  Licensing Examination (USMLE), or the Computerized Special

20  Purpose Examination (C-SPEX).

21         (b)  The board may impose reasonable restrictions on

22  the applicant's license to practice.  These restrictions may

23  include, but are not limited to:

24         1.  Periodic and random department audits of the

25  licensee's patient records and review of those records by the

26  board or the department.

27         2.  Periodic appearances of the licensee before the

28  board or the department.

29         3.  Submission of written reports to the board or the

30  department.

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2512
    37-1697-00




  1         (c)(b)  A restricted licensee who passes either of the

  2  two examinations under this section shall practice under the

  3  supervision of a full licensee approved by the board with the

  4  first year of the licensure period being under direct

  5  supervision as defined by board rule and the second year being

  6  under indirect supervision as defined by board rule.

  7         (d)  A restricted licensee under this section who is

  8  exempt from licensure examination shall practice under the

  9  supervision of a full licensee approved by the board for 2

10  years of direct supervision as defined by board rule followed

11  by a 3rd year under indirect supervision as defined by board

12  rule.

13         (e)  The supervising physician of a licensee under this

14  section must hold an active valid unencumbered Florida license

15  and meet the requirement of either s. 458.311(1)(f)1.c. or s.

16  458.311(1)(f)3.c. regarding accredited postgraduate training.

17         (f)(c)  The board may adopt rules necessary to

18  implement this subsection.

19         (3)(a)  A restricted license issued by the department

20  under this section is valid for 2 years unless sooner revoked

21  or suspended, or renewed for the 3rd year of indirect

22  supervision as required in paragraph (2)(d), and a restricted

23  licensee is subject to the requirements of this chapter, part

24  II of chapter 455, and any other provision of law not in

25  conflict with this section. Upon expiration of such restricted

26  license, a restricted licensee shall become a full licensee if

27  the restricted licensee:

28         1.  Is not under discipline, investigation, or

29  prosecution for a violation which poses a substantial threat

30  to the public health, safety, or welfare; and

31         2.  Pays all renewal fees required of a full licensee.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 2512
    37-1697-00




  1         (b)  The department shall renew a restricted license

  2  under this section upon payment of the same fees required for

  3  renewal for a full license if the restricted licensee is under

  4  discipline, investigation, or prosecution for a violation

  5  which posed or poses a substantial threat to the public

  6  health, safety, or welfare and the board has not permanently

  7  revoked the restricted license. A restricted licensee who has

  8  renewed such restricted license shall become eligible for full

  9  licensure when the licensee is no longer under discipline,

10  investigation, or prosecution.

11         (4)  The board shall adopt rules necessary to carry out

12  the provisions of this section.

13         Section 2.  This act shall take effect July 1, 2000.

14

15            *****************************************

16                          SENATE SUMMARY

17    Revises provisions governing the issuance of a restricted
      license to foreign-licensed physicians.
18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  6