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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    

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10                                                                

11  Senator Diaz-Balart moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 1, line 11,

15

16  insert:

17         Section 1.  Section 458.3115, Florida Statutes, is

18  amended to read:

19         458.3115  Restricted license; certain foreign-licensed

20  physicians; examination; restrictions on practice; full

21  licensure.--

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

23  department shall provide procedures under which certain

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

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

26  examination developed by the department, in consultation with

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

28  medicine in this state. The department-developed examination

29  shall test the same areas of medical knowledge as the

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

31  (FLEX) previously administered by the Florida Board of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  Medicine to grant medical licensure in Florida. The

 2  department-developed examination must be made available no

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

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

 5  the department-developed examination, who has previously

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

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

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

 9  department-developed examination five times within 5 years.

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

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

12  the previously administered FLEX shall not be required to

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

14  year 2002.

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

16  examination for restricted licensure if the person:

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

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

19  special preparatory medical update courses authorized by the

20  board and the University of Miami Medical School and

21  subsequently passed the final course examination; upon

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

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

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

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

26  one of the persons who took and successfully completed the

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

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

29  documentation must include class attendance records and the

30  test score on the final course examination;

31         2.  Applies to the department and submits an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  application fee that is nonrefundable and equivalent to the

 2  fee required for full licensure;

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

 4  practice of medicine in any jurisdiction;

 5         4.  Submits an examination fee that is nonrefundable

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

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

 8  examination described in this section;

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

10  other jurisdiction that would constitute a substantial basis

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

12  chapter 455; and

13         6.  Is not under discipline, investigation, or

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

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

16  chapter 455 and that substantially threatened or threatens the

17  public health, safety, or welfare.

18         (d)  Every person eligible for restricted licensure

19  under this section may sit for the USMLE or the

20  department-developed examination five times within 5 calendar

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

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

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

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

25  required to pay the examination fee required for full

26  licensure for the second and subsequent times they take the

27  examination.

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

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

30  refresher course designed to prepare applicants to take either

31  licensure examination described in this section. The

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  organizations may develop the medical refresher course,

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

 3  private organization that specializes in developing such

 4  courses.

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

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

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

 8  paid by the students taking the course.

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

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

11  have passed either of the two examinations described in this

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

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

14  completed the November 1990 or November 1992 special

15  preparatory medical update course authorized by the Board of

16  Medicine and the University of Miami Medical School, and

17  subsequently passed the final course examination and the Mock

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

19  and has a certificate of successful completion from the

20  University of Miami, is exempt from any licensure examination

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

22  licensure examinations of the National Board of Medical

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

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

25  Licensing Examination (USMLE), or the Computerized Special

26  Purpose Examination (C-SPEX).

27         (b)  The board may impose reasonable restrictions on

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

29  include, but are not limited to:

30         1.  Periodic and random department audits of the

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  board or the department.

 2         2.  Periodic appearances of the licensee before the

 3  board or the department.

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

 5  department.

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

 7  two examinations under this section shall practice under the

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

 9  first year of the licensure period being under direct

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

11  under indirect supervision as defined by board rule.

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

13  exempt from licensure examination shall practice under the

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

15  years of direct supervision as defined by board rule followed

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

17  rule.

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

19  section must hold an active valid unencumbered Florida license

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

21  458.311(1)(f)3.c. regarding accredited postgraduate training.

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

23  implement this subsection.

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

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

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

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

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

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

30  conflict with this section. Upon expiration of such restricted

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  the restricted licensee:

 2         1.  Is not under discipline, investigation, or

 3  prosecution for a violation which poses a substantial threat

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

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

 6         (b)  The department shall renew a restricted license

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

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

 9  discipline, investigation, or prosecution for a violation

10  which posed or poses a substantial threat to the public

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

12  revoked the restricted license. A restricted licensee who has

13  renewed such restricted license shall become eligible for full

14  licensure when the licensee is no longer under discipline,

15  investigation, or prosecution.

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

17  the provisions of this section.

18

19  (Redesignate subsequent sections.)

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21

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

23  And the title is amended as follows:

24         On page 1, lines 2 and 3, delete those lines

25

26  and insert:

27         An act relating to physician licensure;

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

29         governing the licensure of such physicians;

30         creating s.

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