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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Clary moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 3, between lines 2 and 3,

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16  insert:

17         Section 2.  Subsection (5) is added to section 458.315,

18  Florida Statutes, to read:

19         458.315  Temporary certificate for practice in areas of

20  critical need.--Any physician who is licensed to practice in

21  any other state, whose license is currently valid, and who

22  pays an application fee of $300 may be issued a temporary

23  certificate to practice in communities of Florida where there

24  is a critical need for physicians.  A certificate may be

25  issued to a physician who will be employed by a county health

26  department, correctional facility, community health center

27  funded by s. 329, s. 330, or s. 340 of the United States

28  Public Health Services Act, or other entity that provides

29  health care to indigents and that is approved by the State

30  Health Officer.  The Board of Medicine may issue this

31  temporary certificate with the following restrictions:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1         (5)  The application fee and all licensure fees,

 2  including neurological injury compensation assessments, shall

 3  be waived for those persons obtaining a temporary certificate

 4  to practice in areas of critical need for the purpose of

 5  providing volunteer, uncompensated care for low-income

 6  Floridians. The applicant must submit an affidavit from the

 7  employing agency or institution stating that the physician

 8  will not receive any compensation for any service involving

 9  the practice of medicine.

10         Section 3.  Section 458.345, Florida Statutes, is

11  amended to read:

12         458.345  Registration of resident physicians, interns,

13  and fellows; list of hospital employees; prescribing of

14  medicinal drugs; penalty.--

15         (1)  Any person desiring to practice as a resident

16  physician, assistant resident physician, house physician,

17  intern, or fellow in fellowship training which leads to

18  subspecialty board certification in this state, or any person

19  desiring to practice as a resident physician, assistant

20  resident physician, house physician, intern, or fellow in

21  fellowship training in a teaching hospital as defined in s.

22  408.07(44) or s. 395.805(2), who does not hold a valid, active

23  license issued under this chapter shall apply to the

24  department to be registered and shall remit a fee not to

25  exceed $300 as set by the board.  The department shall

26  register any applicant the board certifies has met the

27  following requirements:

28         (a)  Is at least 21 years of age.

29         (b)  Has not committed any act or offense within or

30  without the state which would constitute the basis for refusal

31  to certify an application for licensure pursuant to s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  458.331.

 2         (c)  Is a graduate of a medical school or college as

 3  specified in s. 458.311(1)(f).

 4         (2)  The board shall not certify to the department for

 5  registration any applicant who is under investigation in any

 6  state or jurisdiction for an act which would constitute the

 7  basis for imposing a disciplinary penalty specified in s.

 8  458.331(2)(b) until such time as the investigation is

 9  completed, at which time the provisions of s. 458.331 shall

10  apply.

11         (3)  Every hospital or teaching hospital employing or

12  utilizing the services of a resident physician, assistant

13  resident physician, house physician, intern, or fellow in

14  fellowship training registered under this section which leads

15  to subspecialty board certification shall designate a person

16  who shall, on dates designated by the board, in consultation

17  with the department, furnish the department with a list of

18  such the hospital's employees and such other information as

19  the board may direct.  The chief executive officer of each

20  such hospital shall provide the executive director of the

21  board with the name, title, and address of the person

22  responsible for furnishing such reports.

23         (4)  Registration under this section shall

24  automatically expire after 2 years without further action by

25  the board or the department unless an application for renewal

26  is approved by the board.  No person registered under this

27  section may be employed or utilized as a house physician or

28  act as a resident physician, an assistant resident physician,

29  an intern, or a fellow in fellowship training which leads to a

30  subspecialty board certification in a hospital or teaching

31  hospital of this state for more than 2 years without a valid,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  active license or renewal of registration under this section.

 2  Requirements for renewal of registration shall be established

 3  by rule of the board.  An application fee not to exceed $300

 4  as set by the board shall accompany the application for

 5  renewal, except that resident physicians, assistant resident

 6  physicians, interns, and fellows in fellowship training

 7  registered under this section are which leads to subspecialty

 8  board certification shall be exempt from payment of any

 9  renewal fees.

10         (5)  Notwithstanding any provision of this section or

11  s. 120.52 to the contrary, any person who is registered under

12  this section is subject to the provisions of s. 458.331.

13         (6)  A person registered as a resident physician under

14  this section may in the normal course of his or her employment

15  prescribe medicinal drugs described in schedules set out in

16  chapter 893 when:

17         (a)  The person prescribes such medicinal drugs through

18  use of a Drug Enforcement Administration number issued to the

19  hospital or teaching hospital by which the person is employed

20  or at which the person's services are used;

21         (b)  The person is identified by a discrete suffix to

22  the identification number issued to such the hospital; and

23         (c)  The use of the institutional identification number

24  and individual suffixes conforms to the requirements of the

25  federal Drug Enforcement Administration.

26         (7)  Any person willfully violating this section

27  commits a misdemeanor of the first degree, punishable as

28  provided in s. 775.082 or s. 775.083.

29         (8)  The board shall adopt rules to implement this

30  section.

31         Section 4.  Section 459.021, Florida Statutes, is

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  amended to read:

 2         459.021  Registration of resident physicians, interns,

 3  and fellows; list of hospital employees; penalty.--

 4         (1)  Any person who holds a degree of Doctor of

 5  Osteopathic Medicine from a college of osteopathic medicine

 6  recognized and approved by the American Osteopathic

 7  Association who desires to practice as a resident physician,

 8  assistant resident physician, house physician, intern, or

 9  fellow in fellowship training which leads to subspecialty

10  board certification in this state, or any person desiring to

11  practice as a resident physician, assistant resident

12  physician, house physician, intern, or fellow in fellowship

13  training in a teaching hospital in this state as defined in s.

14  408.07(44) or s. 395.805(2), who does not hold an active

15  license issued under this chapter shall apply to the

16  department to be registered, on an application provided by the

17  department, within 30 days of commencing such a training

18  program and shall remit a fee not to exceed $300 as set by the

19  board.

20         (2)  Any person required to be registered under this

21  section shall renew such registration annually.  Such

22  registration shall be terminated upon the registrant's receipt

23  of an active license issued under this chapter.  No person

24  shall be registered under this section for an aggregate of

25  more than 5 years, unless additional years are approved by the

26  board.

27         (3)  Every hospital or teaching hospital having

28  employed or contracted with or utilized the services of a

29  person who holds a degree of Doctor of Osteopathic Medicine

30  from a college of osteopathic medicine recognized and approved

31  by the American Osteopathic Association as a resident

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  physician, assistant resident physician, house physician,

 2  intern, or fellow in fellowship training under this section

 3  which leads to subspecialty board certification shall

 4  designate a person who shall furnish, on dates designated by

 5  the board, in consultation with the department, to the

 6  department a list of all such persons who have served in such

 7  the hospital during the preceding 6-month period. The chief

 8  executive officer of each such hospital shall provide the

 9  executive director of the board with the name, title, and

10  address of the person responsible for filing such reports.

11         (4)  The registration may be revoked or the department

12  may refuse to issue any registration for any cause which would

13  be a ground for its revocation or refusal to issue a license

14  to practice osteopathic medicine, as well as on the following

15  grounds:

16         (a)  Omission of the name of an intern, resident

17  physician, assistant resident physician, house physician, or

18  fellow in fellowship training from the list of employees

19  required by subsection (3) to be furnished to the department

20  by the hospital or teaching hospital served by the employee.

21         (b)  Practicing osteopathic medicine outside of a bona

22  fide hospital training program.

23         (5)  It is a misdemeanor of the second degree,

24  punishable as provided in s. 775.082 or s. 775.083 for any

25  hospital or teaching hospital, and also for the

26  superintendent, administrator, and other person or persons

27  having administrative authority in such a hospital:

28         (a)  To employ the services in such the hospital of any

29  person listed in subsection (3), unless such person is

30  registered with the department under the law or the holder of

31  a license to practice osteopathic medicine under this chapter.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1         (b)  To fail to furnish to the department the list and

 2  information required by subsection (3).

 3         (6)  Any person desiring registration pursuant to this

 4  section shall meet all the requirements of s. 459.0055.

 5         (7)  The board shall promulgate rules pursuant to ss.

 6  120.536(1) and 120.54 as necessary to implement this section.

 7         (8)  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. 459.015.

10         (9)  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

24  (Redesignate subsequent sections.)

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26

27  ================ T I T L E   A M E N D M E N T ===============

28  And the title is amended as follows:

29         On page 1, lines 2-8, delete those lines

30

31  and insert:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1         An act relating to temporary physician

 2         licensure; creating s. 458.3135, F.S.;

 3         providing for the issuance of temporary

 4         certificates to foreign medical graduates

 5         studying at National Cancer

 6         Institute-designated cancer centers; requiring

 7         a fee; amending s. 458.315, F.S.; waiving

 8         application and licensure fees for physicians

 9         obtaining a temporary certificate to practice

10         in areas of critical need when such practice is

11         limited to volunteer, uncompensated care for

12         low-income persons; amending ss. 458.345,

13         459.021, F.S.; providing for registration of

14         certain unlicensed physicians to practice at

15         teaching hospitals; providing rulemaking

16         authority; providing an effective date.

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