SENATE AMENDMENT
    Bill No. CS for SB 2750
    Amendment No. ___   Barcode 204612
                            CHAMBER ACTION
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11  Senator Peaden moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 28, line 1, through
15            page 38, line 24, delete those lines
16  
17  and insert:  
18         Section 18.  Section 458.303, Florida Statutes, is
19  amended to read:
20         458.303  Provisions not applicable to other
21  practitioners; exceptions, etc.--
22         (1)  The provisions of ss. 458.301, 458.303, 458.305,
23  458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319,
24  458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
25  458.343, 458.345, and 458.347 shall have no application to:
26         (a)  Other duly licensed health care practitioners
27  acting within their scope of practice authorized by statute.
28         (b)  Any physician lawfully licensed in another state
29  or territory or foreign country, when meeting duly licensed
30  physicians of this state in consultation.
31         (c)  Commissioned medical officers of the Armed Forces
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SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 of the United States and of the Public Health Service of the 2 United States while on active duty and while acting within the 3 scope of their military or public health responsibilities. 4 (d) Any person while actually serving without salary 5 or professional fees on the resident medical staff of a 6 hospital in this state, subject to the provisions of s. 7 458.321. 8 (e) Any person furnishing medical assistance in case 9 of an emergency. 10 (f) The domestic administration of recognized family 11 remedies. 12 (g) The practice of the religious tenets of any church 13 in this state. 14 (h) Any person or manufacturer who, without the use of 15 drugs or medicine, mechanically fits or sells lenses, 16 artificial eyes or limbs, or other apparatus or appliances or 17 is engaged in the mechanical examination of eyes for the 18 purpose of constructing or adjusting spectacles, eyeglasses, 19 or lenses. 20 (2) Nothing in s. 458.301, s. 458.303, s. 458.305, s. 21 458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s. 22 458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s. 23 458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 24 shall be construed to prohibit any service rendered by a 25 registered nurse or a licensed practical nurse, if such 26 service is rendered under the direct supervision and control 27 of a licensed physician who provides specific direction for 28 any service to be performed and gives final approval to all 29 services performed. Further, nothing in this or any other 30 chapter shall be construed to prohibit any service rendered by 31 a medical assistant in accordance with the provisions of s. 2 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 458.3485. 2 Section 19. Section 458.311, Florida Statutes, is 3 amended to read: 4 (Substantial rewording of section. See 5 s. 458.311, F.S., for present text.) 6 458.311 Licensure; requirements; fees.-- 7 (1) Any person desiring to be licensed as a physician 8 shall apply to the department on forms furnished by the 9 department. The department shall license each applicant who 10 the board certifies has met the provisions of this section. 11 (2) Each applicant must demonstrate compliance with 12 the following: 13 (a) Has completed the application form and remitted a 14 nonrefundable application fee not to exceed $500. 15 (b) Is at least 21 years of age. 16 (c) Is of good moral character. 17 (d) Has not committed any act or offense in this or 18 any other jurisdiction which would constitute the basis for 19 disciplining a physician pursuant to s. 458.331. 20 (e) Has submitted to the department a set of 21 fingerprints on a form and under procedures specified by the 22 department, along with a payment in an amount equal to the 23 costs incurred by the department for the criminal history 24 check of the applicant. 25 (f) Has caused to be submitted to the department core 26 credentials verified by the Federation Credentials 27 Verification Service of the Federation of State Medical 28 Boards. 29 (g) For an applicant holding a valid active license in 30 another state, has submitted evidence of the active licensed 31 practice of medicine in another jurisdiction for at least 2 of 3 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 the immediately preceding 4 years or evidence of successful 2 completion of either a board-approved postgraduate training 3 program within 2 years preceding filing of an application or a 4 board-approved clinical competency examination within the year 5 preceding the filing of an application for licensure. For 6 purposes of this paragraph, the term "active licensed practice 7 of medicine" means that practice of medicine by physicians, 8 including those employed by any governmental entity in 9 community or public health, as defined by this chapter, those 10 designated as medical directors under s. 641.495(11) who are 11 practicing medicine, and those on the active teaching faculty 12 of an accredited medical school. If the applicant fails to 13 meet the requirements of this paragraph, the board may impose 14 conditions on the license, including, but not limited to, 15 supervision of practice. 16 (3) Each applicant must demonstrate that he or she has 17 complied with one of the following: 18 (a) Is a graduate of an allopathic medical school or 19 allopathic college recognized and approved by an accrediting 20 agency recognized by the United States Department of Education 21 or is a graduate of an allopathic medical school or allopathic 22 college within a territorial jurisdiction of the United States 23 recognized by the accrediting agency of the governmental body 24 of that jurisdiction; or 25 (b) Is a graduate of an allopathic international 26 medical school registered with the World Health Organization 27 and has had his or her medical credentials evaluated by the 28 Educational Commission for Foreign Medical Graduates, holds an 29 active, valid certificate issued by that commission, and has 30 passed the examination utilized by that commission. However, a 31 graduate of an international medical school need not present 4 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 the certificate issued by the Educational Commission for 2 Foreign Medical Graduates or pass the examination utilized by 3 that commission if the graduate has: 4 1. Received a bachelor's degree from an accredited 5 United States college or university. 6 2. Studied at a medical school which is recognized by 7 the World Health Organization. 8 3. Completed all of the formal requirements of the 9 international medical school, except the internship or social 10 service requirements, and passed part I of the National Board 11 of Medical Examiners examination or the Educational Commission 12 for Foreign Medical Graduates examination equivalent. 13 4. Completed an academic year of supervised clinical 14 training in a hospital affiliated with a medical school 15 approved by the Council on Medical Education of the American 16 Medical Association and, upon completion, passed part II of 17 the National Board of Medical Examiners examination or the 18 Educational Commission for Foreign Medical Graduates 19 examination equivalent. 20 (4) Each applicant must demonstrate that he or she has 21 completed an Accreditation Council for Graduate Medical 22 Education (ACGME) approved residency, as defined by board 23 rule, of at least 2 years, or a fellowship of at least 2 years 24 in one specialty area which is counted toward regular or 25 subspecialty certification by a board recognized and certified 26 by the American Board of Medical Specialties. However, 27 applicants who meet the requirements of paragraph (3)(a) who 28 completed their training prior to October 1, 2003, must 29 demonstrate completion of at least 1 year of an approved 30 residency. 31 (5)(a) Each applicant must demonstrate that he or she 5 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 has complied with one of the following examination 2 requirements: 3 1. Prior to January 1, 2000, has obtained a passing 4 score, as established by rule of the board, on the licensure 5 examination of the National Board of Medical Examiners (NBME), 6 the licensure examination of the Federation of State Medical 7 Boards of the United States, Inc. (FLEX), the United States 8 Medical Licensing Examination (USMLE), or a combination 9 thereof; 10 2. On or after January 1, 2000, has obtained a passing 11 score on all three steps of the United States Medical 12 Licensing Examination (USMLE); or 13 3. Has obtained a passing score on a state board 14 examination or the Canadian licensing examination (LLMCC) if 15 the applicant has a current active license in at least one 16 other jurisdiction of the United States or Canada and has 17 practiced pursuant to such licensure continuously for the 18 immediately preceding 10 years without encumbrance on the 19 license. 20 (b) As prescribed by board rule, the board may require 21 an applicant who does not pass any step of the national 22 licensing examination after five attempts to complete 23 additional remedial education or training. 24 (c) As prescribed by board rule, the board may require 25 an applicant who does not pass all steps of the United States 26 Medical Licensing Examination (USMLE) within 7 years to 27 complete additional remedial education or training or to 28 retake the step of the examination which the applicant passed 29 first. 30 (6) The department and the board shall ensure that 31 applicants for licensure meet the criteria of this section 6 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 through an investigative process. 2 (7) The board may not certify to the department for 3 licensure any applicant who is under investigation in another 4 jurisdiction for an offense which would constitute a violation 5 of this chapter until such investigation is completed. Upon 6 completion of the investigation, the provisions of s. 458.331 7 shall apply. Furthermore, the department may not issue an 8 unrestricted license to any individual who has committed any 9 act or offense in any jurisdiction which would constitute the 10 basis for disciplining a physician pursuant to s. 458.331. 11 When the board finds that an individual has committed an act 12 or offense in any jurisdiction which would constitute the 13 basis for disciplining a physician pursuant to s. 458.331, the 14 board may enter an order imposing one or more of the terms set 15 forth in s. 456.072(2). 16 (8) The board may adopt rules pursuant to ss. 17 120.536(1) and 120.54 necessary to carry out the provisions of 18 this section, which shall be applied on a uniform and 19 consistent basis. 20 (9) When the board determines that any applicant for 21 licensure has failed to meet, to the board's satisfaction, 22 each of the appropriate requirements set forth in this 23 section, it may enter an order requiring one or more of the 24 following terms: 25 (a) Refusal to certify to the department an 26 application for licensure, certification, or registration; 27 (b) Certification to the department of an application 28 for licensure, certification, or registration with 29 restrictions on the scope of practice of the licensee; or 30 (c) Certification to the department of an application 31 for licensure, certification, or registration with placement 7 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 of the physician on probation for a period of time and subject 2 to such conditions as the board may specify, including, but 3 not limited to, requiring the physician to submit to 4 treatment, attend continuing education courses, submit to 5 reexamination, or work under the supervision of another 6 physician. 7 Section 20. Subsection (5) of section 458.3124, 8 Florida Statutes, is amended to read: 9 458.3124 Restricted license; certain experienced 10 foreign-trained physicians.-- 11 (5) Notwithstanding s. 458.311(3) and (4) (1)(f), a 12 person who successfully meets the requirements of this section 13 and who successfully passes Step III of the United States 14 Medical Licensing Examination is eligible for full licensure 15 as a physician. 16 Section 21. Section 458.315, Florida Statutes, is 17 amended to read: 18 (Substantial rewording of section. See 19 s. 458.315, F.S., for present text.) 20 458.315 Limited licenses.-- 21 (1) Any person desiring to obtain a limited license 22 shall apply to the department on forms furnished by the 23 department. The department shall license each applicant who 24 the board certifies: 25 (a) Has submitted to the department, with an 26 application and fee not to exceed $300, a statement stating 27 that he or she has been licensed to practice medicine in any 28 jurisdiction or territory of the United States or Canada for 29 at least 2 years and intends to practice only pursuant to the 30 restrictions of a limited license granted pursuant to this 31 section. However, if the physician will only use the limited 8 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 license for noncompensated practice, and submits a statement 2 from the employing agency or institution stating that he or 3 she will not receive compensation for any service involving 4 the practice of medicine, the application fee and all 5 licensure fees shall be waived. 6 (b) Has submitted evidence of the active licensed 7 practice of medicine in any jurisdiction or territory of the 8 United States or Canada for at least 2 of the immediately 9 preceding 4 years. For purposes of this paragraph, the term 10 "active licensed practice of medicine" means that practice of 11 medicine by physicians, including those employed by any 12 government entity in community or public health, as defined by 13 this chapter, those designated as medical directors under s. 14 641.495(11) who are practicing medicine, and those on the 15 active teaching faculty of an accredited medical school. If it 16 has been more than 3 years since active practice was conducted 17 by the applicant, a licensed physician approved by the board 18 shall supervise the applicant for a period of 6 months after 19 he or she is granted a limited license for practice, unless 20 the board determines that a shorter period of supervision will 21 be sufficient to ensure that the applicant is qualified for 22 licensure. Procedures for such supervision shall be 23 established by the board. 24 (c) Has submitted to the department a set of 25 fingerprints on a form and under procedures by the department 26 for the criminal history check of the applicant. 27 (d) Has not committed any act or offense in this or 28 any other jurisdiction which would constitute the basis for 29 disciplining a physician pursuant to s. 458.331. 30 (2) After approval of an application under this 31 section, a limited license may not be issued until the 9 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 applicant provides to the board an affidavit that there have 2 been no substantial changes in his or her status since initial 3 application. 4 (3) The recipient of a limited license used for 5 noncompensated practice shall only practice in the employ of 6 programs or facilities that provide uncompensated health care 7 services by volunteer licensed health care professionals to 8 low-income persons whose family income does not exceed 120 9 percent of the federal poverty level or to uninsured persons. 10 These facilities shall include, but not be limited to, the 11 department, community and migrant health centers funded under 12 s. 330 of the Public Health Service Act, and volunteer health 13 care provider programs contracted with the department to 14 provide uncompensated care under the provisions of s. 15 766.1115. 16 (4) The recipient of a limited license used for 17 compensated practice shall only practice in the employ of 18 certain programs and facilities that provide health care 19 services and are located within federally designated primary 20 care health professional shortage areas, unless otherwise 21 approved by the Secretary of Health. These programs and 22 facilities shall include, but not be limited to, the 23 department, the Department of Corrections, county or municipal 24 correctional facilities, the Department of Juvenile Justice, 25 the Department of Children and Family Services, and those 26 programs and facilities funded under s. 330 of the Public 27 Health Service Act. 28 (5) The recipient of a limited license shall, within 29 30 days after accepting employment, notify the board of all 30 approved institutions in which the licensee practices and all 31 approved institutions in which the licensee's practice 10 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 privileges have been denied. Evidence of noncompensated 2 employment shall be required for the fee waiver under 3 paragraph (1)(a). 4 (6) Upon renewal, a limited licenseholder shall, in 5 addition to complying with other applicable provisions of this 6 chapter, document compliance with the restrictions prescribed 7 in this section. 8 (7) Any person holding an active or inactive license 9 to practice medicine in the state may convert that license to 10 a limited license for the purpose of providing volunteer, 11 uncompensated care for low-income Floridians. The licensee 12 must submit a statement from the employing agency or 13 institution stating that he or she will not receive 14 compensation for any service involving the practice of 15 medicine. All licensure fees, including neurological injury 16 compensation assessments, shall be waived. 17 (8) Nothing in this section limits in any way any 18 policy by the board otherwise authorized by law to grant 19 licenses to physicians duly licensed in other states under 20 conditions less restrictive than the requirements of this 21 section. Notwithstanding any other provision of this section, 22 the board may refuse to authorize a physician otherwise 23 qualified to practice in the employ of any agency or 24 institution otherwise qualified if the agency or institution 25 has caused or permitted violations of the provisions of this 26 chapter which it knew or should have known were occurring. 27 Section 22. Subsection (4) of section 458.319, Florida 28 Statutes, is amended to read: 29 458.319 Renewal of license.-- 30 (4) Notwithstanding the provisions of s. 456.033, A 31 physician may complete continuing education on end-of-life 11 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 care and palliative care in lieu of continuing education in 2 AIDS/HIV, if that physician has completed the AIDS/HIV 3 continuing education in the immediately preceding biennium. 4 Section 23. Paragraph (c) of subsection (5) of section 5 458.320, Florida Statutes, is amended to read: 6 458.320 Financial responsibility.-- 7 (5) The requirements of subsections (1), (2), and (3) 8 shall not apply to: 9 (c) Any person holding a limited license pursuant to 10 s. 458.315 458.317 and practicing under the scope of such 11 limited license. 12 Section 24. Any physician who meets the requirements 13 for limited licensure under section 458.315 or section 14 459.0075, Florida Statutes, may be certified by the Board of 15 Medicine or the Board of Osteopathic Medicine for a limited 16 license to conduct clinical research if the physician 17 previously held a Florida medical license that was 18 unencumbered and not under investigation at the time that the 19 license became null and void for nonrenewal or was voluntarily 20 surrendered. 21 Section 25. Paragraph (t) of subsection (1) and 22 subsections (6) and (9) of section 458.331, Florida Statutes, 23 are amended to read: 24 458.331 Grounds for disciplinary action; action by the 25 board and department.-- 26 (1) The following acts constitute grounds for denial 27 of a license or disciplinary action, as specified in s. 28 456.072(2): 29 (t) Gross or repeated malpractice or the failure to 30 practice medicine with that level of care, skill, and 31 treatment which is recognized by a reasonably prudent similar 12 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 physician as being acceptable under similar conditions and 2 circumstances. The board shall give great weight to the 3 provisions of s. 766.102 when enforcing this paragraph. As 4 used in this paragraph, "repeated malpractice" includes, but 5 is not limited to, three or more claims for medical 6 malpractice within the previous 5-year period resulting in 7 indemnities being paid in excess of $50,000 $25,000 each to 8 the claimant in a judgment or settlement and which incidents 9 involved negligent conduct by the physician. As used in this 10 paragraph, "gross malpractice" or "the failure to practice 11 medicine with that level of care, skill, and treatment which 12 is recognized by a reasonably prudent similar physician as 13 being acceptable under similar conditions and circumstances," 14 shall not be construed so as to require more than one 15 instance, event, or act. Nothing in this paragraph shall be 16 construed to require that a physician be incompetent to 17 practice medicine in order to be disciplined pursuant to this 18 paragraph. 19 (6) Upon the department's receipt from an insurer or 20 self-insurer of a report of a closed claim against a physician 21 pursuant to s. 627.912 or from a health care practitioner of a 22 report pursuant to s. 456.049, or upon the receipt from a 23 claimant of a presuit notice against a physician pursuant to 24 s. 766.106, the department shall review each report and 25 determine whether it potentially involved conduct by a 26 licensee that is subject to disciplinary action, in which case 27 the provisions of s. 456.073 shall apply. However, if it is 28 reported that a physician has had three or more claims with 29 indemnities exceeding $50,000 $25,000 each within the previous 30 5-year period, the department shall investigate the 31 occurrences upon which the claims were based and determine if 13 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 action by the department against the physician is warranted. 2 (9) When an investigation of a physician is 3 undertaken, the department shall promptly furnish to the 4 physician or the physician's attorney a copy of the complaint 5 or document which resulted in the initiation of the 6 investigation. For purposes of this subsection, such documents 7 include, but are not limited to: the pertinent portions of an 8 annual report submitted to the department pursuant to s. 9 395.0197(6); a report of an adverse incident which is provided 10 to the department pursuant to s. 395.0197; a report of peer 11 review disciplinary action submitted to the department 12 pursuant to s. 395.0193(4) or s. 458.337, providing that the 13 investigations, proceedings, and records relating to such peer 14 review disciplinary action shall continue to retain their 15 privileged status even as to the licensee who is the subject 16 of the investigation, as provided by ss. 395.0193(8) and 17 458.337(3); a report of a closed claim submitted pursuant to 18 s. 627.912; a presuit notice submitted pursuant to s. 19 766.106(2); and a petition brought under the Florida 20 Birth-Related Neurological Injury Compensation Plan, pursuant 21 to s. 766.305(2). The physician may submit a written response 22 to the information contained in the complaint or document 23 which resulted in the initiation of the investigation within 24 30 45 days after service to the physician of the complaint or 25 document. The physician's written response shall be considered 26 by the probable cause panel. 27 Section 26. Paragraph (c) of subsection (1) of section 28 458.345, Florida Statutes, is amended to read: 29 458.345 Registration of resident physicians, interns, 30 and fellows; list of hospital employees; prescribing of 31 medicinal drugs; penalty.-- 14 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 (1) Any person desiring to practice as a resident 2 physician, assistant resident physician, house physician, 3 intern, or fellow in fellowship training which leads to 4 subspecialty board certification in this state, or any person 5 desiring to practice as a resident physician, assistant 6 resident physician, house physician, intern, or fellow in 7 fellowship training in a teaching hospital in this state as 8 defined in s. 408.07(44) or s. 395.805(2), who does not hold a 9 valid, active license issued under this chapter shall apply to 10 the department to be registered and shall remit a fee not to 11 exceed $300 as set by the board. The department shall register 12 any applicant the board certifies has met the following 13 requirements: 14 (c) Is a graduate of a medical school or college as 15 specified in s. 458.311(3)(1)(f). 16 Section 27. Paragraph (b) of subsection (7) of section 17 458.347, Florida Statutes, is amended to read: 18 458.347 Physician assistants.-- 19 (7) PHYSICIAN ASSISTANT LICENSURE.-- 20 (b)1. Notwithstanding subparagraph (a)2. and 21 sub-subparagraph (a)3.a., the department shall examine each 22 applicant who the Board of Medicine certifies: 23 a. Has completed the application form and remitted a 24 nonrefundable application fee not to exceed $500 and an 25 examination fee not to exceed $300, plus the actual cost to 26 the department to provide the examination. The examination fee 27 is refundable if the applicant is found to be ineligible to 28 take the examination. The department shall not require the 29 applicant to pass a separate practical component of the 30 examination. For examinations given after July 1, 1998, 31 competencies measured through practical examinations shall be 15 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 incorporated into the written examination through a 2 multiple-choice format. The department shall translate the 3 examination into the native language of any applicant who 4 requests and agrees to pay all costs of such translation, 5 provided that the translation request is filed with the board 6 office no later than 9 months before the scheduled examination 7 and the applicant remits translation fees as specified by the 8 department no later than 6 months before the scheduled 9 examination, and provided that the applicant demonstrates to 10 the department the ability to communicate orally in basic 11 English. If the applicant is unable to pay translation costs, 12 the applicant may take the next available examination in 13 English if the applicant submits a request in writing by the 14 application deadline and if the applicant is otherwise 15 eligible under this section. To demonstrate the ability to 16 communicate orally in basic English, a passing score or grade 17 is required, as determined by the department or organization 18 that developed it, on the test for spoken English (TSE) by the 19 Educational Testing Service (ETS), the test of English as a 20 foreign language (TOEFL) by ETS, a high school or college 21 level English course, or the English examination for 22 citizenship, Immigration and Naturalization Service. A 23 notarized copy of an Educational Commission for Foreign 24 Medical Graduates (ECFMG) certificate may also be used to 25 demonstrate the ability to communicate in basic English; and 26 b.(I) Is an unlicensed physician who graduated from a 27 foreign medical school listed with the World Health 28 Organization who has not previously taken and failed the 29 examination of the National Commission on Certification of 30 Physician Assistants and who has been certified by the Board 31 of Medicine as having met the requirements for licensure as a 16 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 medical doctor by examination as set forth in s. 2 458.311(2)-(7)(1), (3), (4), and (5), with the exception that 3 the applicant is not required to have completed an approved 4 residency of at least 1 year and the applicant is not required 5 to have passed the licensing examination specified under s. 6 458.311 or hold a valid, active certificate issued by the 7 Educational Commission for Foreign Medical Graduates; was 8 eligible and made initial application for certification as a 9 physician assistant in this state between July 1, 1990, and 10 June 30, 1991; and was a resident of this state on July 1, 11 1990, or was licensed or certified in any state in the United 12 States as a physician assistant on July 1, 1990; or 13 (II) Completed all coursework requirements of the 14 Master of Medical Science Physician Assistant Program offered 15 through the Florida College of Physician's Assistants prior to 16 its closure in August of 1996. Prior to taking the 17 examination, such applicant must successfully complete any 18 clinical rotations that were not completed under such program 19 prior to its termination and any additional clinical rotations 20 with an appropriate physician assistant preceptor, not to 21 exceed 6 months, that are determined necessary by the council. 22 The boards shall determine, based on recommendations from the 23 council, the facilities under which such incomplete or 24 additional clinical rotations may be completed and shall also 25 determine what constitutes successful completion thereof, 26 provided such requirements are comparable to those established 27 by accredited physician assistant programs. This 28 sub-sub-subparagraph is repealed July 1, 2001. 29 2. The department may grant temporary licensure to an 30 applicant who meets the requirements of subparagraph 1. 31 Between meetings of the council, the department may grant 17 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 temporary licensure to practice based on the completion of all 2 temporary licensure requirements. All such administratively 3 issued licenses shall be reviewed and acted on at the next 4 regular meeting of the council. A temporary license expires 30 5 days after receipt and notice of scores to the licenseholder 6 from the first available examination specified in subparagraph 7 1. following licensure by the department. An applicant who 8 fails the proficiency examination is no longer temporarily 9 licensed, but may apply for a one-time extension of temporary 10 licensure after reapplying for the next available examination. 11 Extended licensure shall expire upon failure of the 12 licenseholder to sit for the next available examination or 13 upon receipt and notice of scores to the licenseholder from 14 such examination. 15 3. Notwithstanding any other provision of law, the 16 examination specified pursuant to subparagraph 1. shall be 17 administered by the department only five times. Applicants 18 certified by the board for examination shall receive at least 19 6 months' notice of eligibility prior to the administration of 20 the initial examination. Subsequent examinations shall be 21 administered at 1-year intervals following the reporting of 22 the scores of the first and subsequent examinations. For the 23 purposes of this paragraph, the department may develop, 24 contract for the development of, purchase, or approve an 25 examination that adequately measures an applicant's ability to 26 practice with reasonable skill and safety. The minimum passing 27 score on the examination shall be established by the 28 department, with the advice of the board. Those applicants 29 failing to pass that examination or any subsequent examination 30 shall receive notice of the administration of the next 31 examination with the notice of scores following such 18 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 examination. Any applicant who passes the examination and 2 meets the requirements of this section shall be licensed as a 3 physician assistant with all rights defined thereby. 4 Section 28. Subsection (5) of section 459.008, Florida 5 Statutes, is amended to read: 6 459.008 Renewal of licenses and certificates.-- 7 (5) Notwithstanding the provisions of s. 456.033, An 8 osteopathic physician may complete continuing education on 9 end-of-life and palliative care in lieu of continuing 10 education in AIDS/HIV, if that physician has completed the 11 AIDS/HIV continuing education in the immediately preceding 12 biennium. 13 14 (Redesignate subsequent sections.) 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 3, lines 7-23, delete those lines 20 21 and insert: 22 amending s. 458.303, F.S.; conforming 23 cross-references; amending s. 458.311, F.S.; 24 consolidating and revising provisions relating 25 to requirements for licensure of physicians; 26 amending s. 458.3124, F.S.; conforming a 27 cross-reference; amending s. 458.315, F.S.; 28 consolidating and revising provisions relating 29 to requirements for limited licensure of 30 physicians; amending s. 458.319, F.S.; deleting 31 a cross-reference; amending s. 458.320, F.S.; 19 3:20 PM 04/27/03 s2750c1c-02j06
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 204612 1 conforming a cross-reference; providing 2 requirements for issuance of a physician's 3 license for clinical research purposes; 4 amending s. 458.331, F.S.; increasing the 5 threshold amount of claims against a physician 6 which represent repeated malpractice; revising 7 a reporting requirement, to conform; reducing 8 the time period for a physician to respond to 9 information contained in a complaint or other 10 documentation; amending ss. 458.345 and 11 458.347, F.S.; conforming cross-references; 12 amending s. 459.008, F.S.; deleting a 13 cross-reference; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 20 3:20 PM 04/27/03 s2750c1c-02j06