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





                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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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 in this state as

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

23  valid, active license issued under this chapter shall apply to

24  the 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 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 administer this

30  section.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 994

    Amendment No.    





 1  (Redesignate subsequent sections.)

 2

 3

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

 5  And the title is amended as follows:

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

 7

 8  and insert:

 9         An act relating to temporary physician

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

11         providing for the issuance of temporary

12         certificates to foreign medical graduates

13         studying at National Cancer

14         Institute-designated cancer centers; requiring

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

16         application and licensure fees for physicians

17         obtaining a temporary certificate to practice

18         in areas of critical need when such practice is

19         limited to volunteer, uncompensated care for

20         low-income persons; amending s. 458.345, F.S.;

21         providing for registration of certain

22         unlicensed physicians to practice at teaching

23         hospitals; providing rulemaking authority;

24         providing an effective date.

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