Senate Bill sb1462
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Florida Senate - 2004 SB 1462
By the Committee on Health, Aging, and Long-Term Care
317-634A-04
1 A bill to be entitled
2 An act relating to the licensure of health care
3 practitioners; amending s. 456.039, F.S.;
4 revising the requirements for information
5 submitted by designated health care
6 professionals for licensure, licensure renewal,
7 and updates thereof; authorizing the Department
8 of Health to receive automated criminal arrest
9 information concerning health care
10 professionals who are subject to the profiling
11 requirements; requiring certain health
12 professionals to submit fingerprints to the
13 Department of Health and to pay fees for a
14 criminal history records check; amending s.
15 456.0391, F.S.; revising the requirements for
16 information submitted by advanced registered
17 nurse practitioners for certification;
18 authorizing the Department of Health to receive
19 automated criminal arrest information
20 concerning health care professionals who are
21 subject to the profiling requirements;
22 requiring certain health professionals to
23 submit fingerprints to the Department of Health
24 and to pay fees for a criminal history records
25 check; amending s. 456.041, F.S.; revising the
26 duties of the Department of Health with respect
27 to its compilation of information into a
28 practitioner profile for designated health care
29 professionals; requiring the department to
30 verify specified information submitted for
31 compilation into practitioner profiles;
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1 requiring the department to include in each
2 practitioner's profile specified criminal
3 history information, specified information
4 regarding the status of the practitioner's
5 license, and, upon notification, information
6 regarding the date of death of the
7 practitioner; requiring applications for a
8 physician license and license renewal to be
9 submitted electronically by a specified date;
10 amending s. 456.042, F.S.; requiring designated
11 health care practitioners to electronically
12 submit updates of required information for
13 compilation into practitioner profiles;
14 amending s. 456.051, F.S.; revising
15 requirements for the Department of Health to
16 publish reports of claims or actions for
17 damages for certain health care practitioners
18 on the practitioner profiles; amending ss.
19 458.319, 459.008, 460.407, and 461.007, F.S.;
20 revising requirements for physician licensure
21 renewal; authorizing the Department of Health
22 to gain access to renewal applicants' records
23 in an automated system maintained by the
24 Department of Law Enforcement; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsections (1), (3), and (4) of section
30 456.039, Florida Statutes, are amended to read:
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1 456.039 Designated health care professionals;
2 information required for licensure.--
3 (1) Each person who applies for initial licensure as a
4 physician under chapter 458, chapter 459, chapter 460, or
5 chapter 461, except a person applying for registration under
6 pursuant to ss. 458.345 and 459.021, must, at the time of
7 application, and each physician who applies for license
8 renewal under chapter 458, chapter 459, chapter 460, or
9 chapter 461, except a person registered under pursuant to ss.
10 458.345 and 459.021, must, in conjunction with the renewal of
11 the such license and under procedures adopted by the
12 department of Health, and in addition to any other information
13 that may be required from the applicant, furnish the following
14 information to the department of Health:
15 (a)1. The name of each medical school that the
16 applicant has attended, with the dates of attendance and the
17 date of graduation, and a description of all graduate medical
18 education completed by the applicant, excluding any coursework
19 taken to satisfy medical licensure continuing education
20 requirements.
21 2. The name of each hospital at which the applicant
22 has privileges.
23 3. The address at which the applicant will primarily
24 conduct his or her practice and any other address at which the
25 applicant regularly conducts his or her practice, clearly
26 identifying each county in the state in which the applicant
27 practices.
28 4. Any certification that the applicant has received
29 from a specialty board that is recognized by the board to
30 which the applicant is applying.
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1 5. The year that the applicant began practicing
2 medicine.
3 6. Any appointment to the faculty of a medical school
4 which the applicant currently holds and an indication as to
5 whether the applicant has had the responsibility for graduate
6 medical education within the most recent 10 years.
7 7. A description of any criminal offense of which the
8 applicant has been found guilty, regardless of whether
9 adjudication of guilt was withheld, or to which the applicant
10 has pled guilty or nolo contendere. A criminal offense
11 committed in another jurisdiction which would have been a
12 felony or misdemeanor if committed in this state must be
13 reported. If the applicant indicates that a criminal offense
14 is under appeal and submits a copy of the notice for appeal of
15 that criminal offense, the department must state that the
16 criminal offense is under appeal if the criminal offense is
17 reported in the applicant's profile. If the applicant
18 indicates to the department that a criminal offense is under
19 appeal, the applicant must, upon disposition of the appeal,
20 submit to the department a copy of the final written order of
21 disposition.
22 8. A description of any final disciplinary action
23 taken within the previous 10 years against the applicant by
24 the agency regulating the profession that the applicant is or
25 has been licensed to practice, whether in this state or in any
26 other jurisdiction, by a specialty board that is recognized by
27 the American Board of Medical Specialties, the American
28 Osteopathic Association, or a similar national organization,
29 or by a licensed hospital, health maintenance organization,
30 prepaid health clinic, ambulatory surgical center, or nursing
31 home. Disciplinary action includes resignation from or
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1 nonrenewal of medical staff membership or the restriction of
2 privileges at a licensed hospital, health maintenance
3 organization, prepaid health clinic, ambulatory surgical
4 center, or nursing home taken in lieu of or in settlement of a
5 pending disciplinary case related to competence or character.
6 If the applicant indicates that the disciplinary action is
7 under appeal and submits a copy of the document initiating an
8 appeal of the disciplinary action, the department must state
9 that the disciplinary action is under appeal if the
10 disciplinary action is reported in the applicant's profile.
11 9. Relevant professional qualifications as defined by
12 the applicable board.
13 10. The percentage of time that the physician
14 practices in the board-certified specialty, if the physician
15 is a board-certified specialist.
16 11. The practice area to which the physician limits
17 his or her practice, if the physician is not a board-certified
18 specialist and the physician limits his or her practice to a
19 particular area.
20 12. The type of practice settings in which the
21 physician practices, including hospitals, specialty hospitals,
22 veterans hospitals, ambulatory surgical centers, other
23 clinics, county health departments, physician offices, or
24 other locations.
25 13. An indication of whether the physician has retired
26 and is not actively practicing his or her profession.
27 14. An indication of the number of hours per week in
28 which the physician actively practices, if the physician is in
29 active practice fewer than 40 hours per week.
30 15. The method by which the physician is in compliance
31 with the financial responsibilty requirements, including the
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1 type of coverage obtained, the amount of coverage maintained,
2 and the name of the coverage provider, if applicable.
3 (b) In addition to the information required under
4 paragraph (a), each applicant who seeks licensure under
5 chapter 458, chapter 459, or chapter 461, and who has
6 practiced previously in this state or in another jurisdiction
7 or a foreign country must provide the information required of
8 licensees under those chapters under pursuant to s. 456.049.
9 An applicant for licensure under chapter 460 who has practiced
10 previously in this state or in another jurisdiction or a
11 foreign country must provide the same information as is
12 required of licensees under chapter 458, under pursuant to s.
13 456.049.
14 (3) Each person who has submitted information under
15 pursuant to subsection (1) must update that information in
16 writing by notifying the department of Health within 15 45
17 days after the occurrence of an event or the attainment of a
18 status that is required to be reported by subsection (1).
19 Failure to comply with the requirements of this subsection to
20 update and submit information constitutes a ground for
21 disciplinary action under each respective licensing chapter
22 and s. 456.072(1)(k). For failure to comply with the
23 requirements of this subsection to update and submit
24 information, the department or board, as appropriate, may:
25 (a) Refuse to issue a license to any person applying
26 for initial licensure who fails to submit and update the
27 required information.
28 (b) Issue a citation to any licensee who fails to
29 submit and update the required information and may fine the
30 licensee up to $50 for each day that the licensee is not in
31 compliance with this subsection. The citation must clearly
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1 state that the licensee may choose, in lieu of accepting the
2 citation, to follow the procedure under s. 456.073. If the
3 licensee disputes the matter in the citation, the procedures
4 set forth in s. 456.073 must be followed. However, if the
5 licensee does not dispute the matter in the citation with the
6 department within 30 days after the citation is served, the
7 citation becomes a final order and constitutes discipline.
8 Service of a citation may be made by personal service or
9 certified mail, restricted delivery, to the subject at the
10 licensee's last known address.
11 (4)(a) An applicant for initial licensure must submit
12 a set of fingerprints to the Department of Health in
13 accordance with s. 458.311, s. 458.3115, s. 458.3124, s.
14 458.313, s. 459.0055, s. 460.406, or s. 461.006.
15 (b) An applicant for renewed licensure must submit a
16 set of fingerprints for the initial renewal of his or her
17 license after January 1, 2005 2000, to the department agency
18 regulating that profession in accordance with procedures
19 established under s. 458.319, s. 459.008, s. 460.407, or s.
20 461.007. If an applicant for license renewal has previously
21 submitted fingerprints that are retained by the Department of
22 Law Enforcement in the statewide automated fingerprint
23 identification system, the applicant shall not be required to
24 resubmit his or her fingerprints.
25 (c) The Department of Health shall submit the
26 fingerprints provided by an applicant for initial licensure to
27 the Florida Department of Law Enforcement for a statewide
28 criminal history check until arrest information is available
29 to the department from the Department of Law Enforcement's
30 operation of the statewide automated fingerprint
31 identification system, and the Florida Department of Law
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1 Enforcement shall forward the fingerprints to the Federal
2 Bureau of Investigation for a national criminal history check
3 of the applicant. The department shall submit the fingerprints
4 provided by an applicant for a renewed license to the Florida
5 Department of Law Enforcement for a statewide criminal history
6 check, and the Florida Department of Law Enforcement shall
7 forward the fingerprints to the Federal Bureau of
8 Investigation for a national criminal history check for the
9 initial renewal of the applicant's license after January 1,
10 2000; for any subsequent renewal of the applicant's license,
11 the department shall submit the required information for a
12 statewide criminal history check of the applicant.
13 (d) Any applicant for initial licensure or renewal of
14 licensure as a health care practitioner who submits to the
15 Department of Health a set of fingerprints or information
16 required for the criminal history check required under this
17 section shall not be required to provide a subsequent set of
18 fingerprints or other duplicate information required for a
19 criminal history check to the Agency for Health Care
20 Administration, the Department of Juvenile Justice, or the
21 Department of Children and Family Services for employment or
22 licensure with such agency or department if the applicant has
23 undergone a criminal history check as a condition of initial
24 licensure or licensure renewal as a health care practitioner
25 with the Department of Health or any of its regulatory boards,
26 notwithstanding any other provision of law to the contrary. In
27 lieu of such duplicate submission, the Agency for Health Care
28 Administration, the Department of Juvenile Justice, and the
29 Department of Children and Family Services shall obtain
30 criminal history information for employment or licensure of
31 health care practitioners by such agency and departments from
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1 the Department of Health's health care practitioner
2 credentialing system.
3 (e) Fingerprints obtained by the Department of Health
4 under paragraph (a) or paragraph (b) shall be retained by the
5 Department of Law Enforcement and must be entered in the
6 statewide automated fingerprint identification system
7 authorized by s. 943.05(2)(b). Such fingerprints shall
8 thereafter be available for all purposes and uses authorized
9 for arrest fingerprint cards entered in the statewide
10 automated fingerprint identification system pursuant to s.
11 943.051.
12 (f) Beginning December 15, 2005, the Department of Law
13 Enforcement shall search all arrest fingerprint cards received
14 under s. 943.051 against the fingerprints retained in the
15 statewide automated fingerprint identification system under
16 paragraph (e). Any arrest records that are thus identified
17 with the retained applicant fingerprints must be reported to
18 the Department of Health. The Department of Health must
19 participate in this search process by paying an annual fee to
20 the Department of Law Enforcement and by informing the
21 Department of Law Enforcement of any change in the licensure
22 status of each applicant whose fingerprints are retained under
23 paragraph (e). The Department of Law Enforcement shall
24 establish by rule the amount of the annual fee to be imposed
25 on the Department of Health for performing these searches, for
26 retaining fingerprints of licensed health care practitioners,
27 and for disseminating search results. Each applicant for
28 licensure or license renewal who is subject to the
29 requirements of this section shall pay to the Department of
30 Health, at the time of initial licensure or license renewal,
31 an amount equal to the costs incurred by the Department of
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1 Health for access to records in the statewide automated
2 fingerprint identification system in lieu of payment of fees
3 for a statewide criminal background check of the applicant.
4 Section 2. Subsections (3) and (4) of section
5 456.0391, Florida Statutes, are amended to read:
6 456.0391 Advanced registered nurse practitioners;
7 information required for certification.--
8 (3) Each person certified under s. 464.012 who has
9 submitted information pursuant to subsection (1) must update
10 that information in writing by notifying the department of
11 Health within 15 45 days after the occurrence of an event or
12 the attainment of a status that is required to be reported by
13 subsection (1). Failure to comply with the requirements of
14 this subsection to update and submit information constitutes a
15 ground for disciplinary action under chapter 464 and s.
16 456.072(1)(k). For failure to comply with the requirements of
17 this subsection to update and submit information, the
18 department or board, as appropriate, may:
19 (a) Refuse to issue a certificate to any person
20 applying for initial certification who fails to submit and
21 update the required information.
22 (b) Issue a citation to any certificateholder who
23 fails to submit and update the required information and may
24 fine the certificateholder up to $50 for each day that the
25 certificateholder is not in compliance with this subsection.
26 The citation must clearly state that the certificateholder may
27 choose, in lieu of accepting the citation, to follow the
28 procedure under s. 456.073. If the certificateholder disputes
29 the matter in the citation, the procedures set forth in s.
30 456.073 must be followed. However, if the certificateholder
31 does not dispute the matter in the citation with the
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1 department within 30 days after the citation is served, the
2 citation becomes a final order and constitutes discipline.
3 Service of a citation may be made by personal service or
4 certified mail, restricted delivery, to the subject at the
5 certificateholder's last known address.
6 (4)(a) An applicant for initial certification under s.
7 464.012 must submit a set of fingerprints to the Department of
8 Health on a form and under procedures specified by the
9 department, along with payment in an amount equal to the costs
10 incurred by the Department of Health for a national criminal
11 history check of the applicant.
12 (b) An applicant for renewed certification who has not
13 previously submitted a set of fingerprints to the Department
14 of Health for purposes of certification must submit a set of
15 fingerprints to the department as a condition of the initial
16 renewal of his or her certificate after January 1, 2005 the
17 effective date of this section. The applicant must submit the
18 fingerprints on a form and under procedures specified by the
19 department, along with payment in an amount equal to the costs
20 incurred by the Department of Health for retaining and
21 processing of fingerprints in the Department of Law
22 Enforcement's statewide automated fingerprint identification
23 system. If an applicant for renewed certification has
24 previously submitted fingerprints that are retained by the
25 Department of Law Enforcement in the statewide automated
26 fingerprint identification system, the applicant shall not be
27 required to resubmit his or her fingerprints a national
28 criminal history check. For subsequent renewals, the applicant
29 for renewed certification must only submit information
30 necessary to conduct a statewide criminal history check, along
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1 with payment in an amount equal to the costs incurred by the
2 Department of Health for a statewide criminal history check.
3 (c)1. The Department of Health shall submit the
4 fingerprints provided by an applicant for initial
5 certification to the Florida Department of Law Enforcement for
6 a statewide criminal history check until arrest information is
7 available to the Department of Health from the Department of
8 Law Enforcement's implementation of the statewide automated
9 fingerprint identification system, and the Florida Department
10 of Law Enforcement shall forward the fingerprints to the
11 Federal Bureau of Investigation for a national criminal
12 history check of the applicant.
13 2. The department shall submit the fingerprints
14 provided by an applicant for the initial renewal of
15 certification to the Florida Department of Law Enforcement for
16 a statewide criminal history check until arrest information is
17 available to the Department of Health from the Department of
18 Law Enforcement's implementation of the statewide automated
19 fingerprint identification system, and the Florida Department
20 of Law Enforcement shall forward the fingerprints to the
21 Federal Bureau of Investigation for a national criminal
22 history check for the initial renewal of the applicant's
23 certificate after the effective date of this section.
24 3. For any subsequent renewal of the applicant's
25 certificate, the department shall submit the required
26 information for a statewide criminal history check of the
27 applicant to the Florida Department of Law Enforcement.
28 (d) Any applicant for initial certification or renewal
29 of certification as an advanced registered nurse practitioner
30 who submits to the Department of Health a set of fingerprints
31 and information required for the criminal history check
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1 required under this section shall not be required to provide a
2 subsequent set of fingerprints or other duplicate information
3 required for a criminal history check to the Agency for Health
4 Care Administration, the Department of Juvenile Justice, or
5 the Department of Children and Family Services for employment
6 or licensure with such agency or department, if the applicant
7 has undergone a criminal history check as a condition of
8 initial certification or renewal of certification as an
9 advanced registered nurse practitioner with the Department of
10 Health, notwithstanding any other provision of law to the
11 contrary. In lieu of such duplicate submission, the Agency for
12 Health Care Administration, the Department of Juvenile
13 Justice, and the Department of Children and Family Services
14 shall obtain criminal history information for employment or
15 licensure of persons certified under s. 464.012 by such agency
16 or department from the Department of Health's health care
17 practitioner credentialing system.
18 (e) Fingerprints obtained by the Department of Health
19 under paragraph (a) or paragraph (b) shall be retained by the
20 Department of Law Enforcement and must be entered in the
21 statewide automated fingerprint identification system
22 authorized by s. 943.05(2)(b). Such fingerprints shall
23 thereafter be available for all purposes and uses authorized
24 for arrest fingerprint cards entered in the statewide
25 automated fingerprint identification system pursuant to s.
26 943.051.
27 (f) Beginning December 15, 2005, the Department of Law
28 Enforcement shall search all arrest fingerprint cards received
29 under s. 943.051 against the fingerprints retained in the
30 statewide automated fingerprint identification system under
31 paragraph (e). Any arrest records that are thus identified
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1 with the retained applicant fingerprints must be reported to
2 the Department of Health. The Department of Health must
3 participate in this search process by paying an annual fee to
4 the Department of Law Enforcement and by informing the
5 Department of Law Enforcement of any change in the
6 certification status of each applicant whose fingerprints are
7 retained under paragraph (e). The Department of Law
8 Enforcement shall establish by rule the amount of the annual
9 fee to be imposed on the Department of Health for performing
10 these searches, for retaining fingerprints of certified health
11 care practitioners, and for disseminating search results. Each
12 applicant for certification or certification renewal who is
13 subject to the requirements of this section shall pay to the
14 Department of Health, at the time of initial certification or
15 certification renewal, an amount equal to the costs incurred
16 by the Department of Health for access to records in the
17 statewide automated fingerprint identification system in lieu
18 of payment of fees for a statewide criminal background check
19 of the applicant.
20 Section 3. Subsections (1), (3), and (8) of section
21 456.041, Florida Statutes, are amended, present subsection
22 (10) is redesignated as subsection (11), and a new subsection
23 (10) is added to that section, to read:
24 456.041 Practitioner profile; creation.--
25 (1)(a) The Department of Health shall compile the
26 information submitted under pursuant to s. 456.039 into a
27 practitioner profile of the applicant submitting the
28 information, except that the department of Health shall
29 develop a format to compile uniformly any information
30 submitted under s. 456.039(4)(b).
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1 (b) Beginning July 1, 2004, the department shall
2 verify information concerning medical education, postgraduate
3 medical training, current staff privileges, any physician
4 licenses held in other states, disciplinary history, and
5 malpractice claims which is submitted under s. 456.039 by each
6 applicant for initial and renewal licensure.
7 (c) Beginning July 1, 2001, the department of Health
8 may compile the information submitted under pursuant to s.
9 456.0391 into a practitioner profile of the applicant
10 submitting the information.
11 (d)(b) Within 30 calendar days after receiving an
12 update of information required for the practitioner's profile,
13 the department shall update the practitioner's profile in
14 accordance with the requirements of subsection (7).
15 (3) The department of Health shall include in each
16 practitioner's practitioner profile that criminal history
17 information submitted under s. 456.039 or s. 456.0391 that
18 directly relates to the practitioner's ability to competently
19 practice his or her profession. The department must include in
20 each practitioner's practitioner profile the following
21 statement: "The criminal history information, if any exists,
22 may be incomplete; federal criminal history information is not
23 available to the public." The department shall provide in each
24 practitioner profile, for every final disciplinary action
25 taken against the practitioner, an easy-to-read narrative
26 description that explains the administrative complaint filed
27 against the practitioner and the final disciplinary action
28 imposed on the practitioner. The department shall include a
29 hyperlink to each final order listed in its website report of
30 dispositions of recent disciplinary actions taken against
31 practitioners.
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1 (8) The department of Health must provide in each
2 profile an easy-to-read explanation of any disciplinary action
3 taken and the reason the sanction or sanctions were imposed.
4 The department must provide the status of the practitioner's
5 license on each practitioner's profile and state whether or
6 not the practitioner has relinquished a license or had a
7 license revoked in any state or jurisdiction.
8 (10) Upon notification, the department shall indicate
9 on each practitioner's profile the date of death of the
10 practitioner.
11 Section 4. Beginning July 1, 2004, the application
12 forms for an initial license and a license renewal for
13 physicians licensed under chapter 458, chapter 459, chapter
14 460, or chapter 461 shall be submitted electronically through
15 the Internet. The department shall issue the license or renew
16 a license if the applicant provides satisfactory evidence that
17 all conditions and requirements of licensure or license
18 renewal have been met, including, but not limited to, the
19 payment of fees, the completion of required continuing
20 education coursework, and, if applicable, the maintenance of
21 financial responsibilty. This section does not reduce or
22 eliminate any requirement set forth in chapter 456, Florida
23 Statutes, or the applicable practice act.
24 Section 5. Section 456.042, Florida Statutes, is
25 amended to read:
26 456.042 Practitioner profiles; update.--A practitioner
27 must electronically submit updates of required information
28 through the Internet within 15 days after the final activity
29 that renders such information a fact. The department of Health
30 shall update each practitioner's practitioner profile
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1 periodically. An updated profile is subject to the same
2 requirements as an original profile.
3 Section 6. Subsection (1) of section 456.051, Florida
4 Statutes, is amended to read:
5 456.051 Reports of professional liability actions;
6 bankruptcies; Department of Health's responsibility to
7 provide.--
8 (1) The report of a claim or action for damages for
9 personal injury which is required to be provided to the
10 Department of Health under s. 456.049 or s. 627.912 is public
11 information except for the name of the claimant or injured
12 person, which remains confidential as provided in ss.
13 456.049(2)(d) and 627.912(2)(e). The Department of Health
14 shall, upon request, make such report available to any person.
15 The department shall make such report available as a part of
16 the practitioner's profile in accordance with s. 456.041(4)
17 within 30 calendar days after receipt.
18 Section 7. Subsection (1) of section 458.319, Florida
19 Statutes, is amended to read:
20 458.319 Renewal of license.--
21 (1) The department shall renew a license upon receipt
22 of the renewal application, evidence that the applicant has
23 actively practiced medicine or has been on the active teaching
24 faculty of an accredited medical school for at least 2 years
25 of the immediately preceding 4 years, and a fee not to exceed
26 $500; provided, however, that if the licensee is either a
27 resident physician, assistant resident physician, fellow,
28 house physician, or intern in an approved postgraduate
29 training program, as defined by the board by rule, the fee
30 shall not exceed $100 per annum. If the licensee has not
31 actively practiced medicine for at least 2 years of the
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1 immediately preceding 4 years, the board shall require that
2 the licensee successfully complete a board-approved clinical
3 competency examination prior to renewal of the license.
4 "Actively practiced medicine" means that practice of medicine
5 by physicians, including those employed by any governmental
6 entity in community or public health, as defined by this
7 chapter, including physicians practicing administrative
8 medicine. An applicant for a renewed license must also submit
9 the information required under s. 456.039 to the department on
10 a form and under procedures specified by the department, along
11 with payment in an amount equal to the costs incurred by the
12 Department of Health for the statewide criminal background
13 check of the applicant. After the statewide automated
14 fingerprint identification system is implemented, the
15 applicant must pay the Department of Health an amount equal to
16 the costs incurred by the Department of Health for access to
17 records in the statewide automated fingerprint identification
18 system in lieu of payment of fees for a statewide criminal
19 background check of the applicant. The applicant must submit a
20 set of fingerprints to the Department of Health on a form and
21 under procedures specified by the department, along with
22 payment in an amount equal to the costs incurred by the
23 department for retaining and processing fingerprints in the
24 Department of Law Enforcement's statewide automated
25 fingerprint identification system a national criminal
26 background check of the applicant for the initial renewal of
27 his or her license after January 1, 2005 2000. If the
28 applicant fails to submit either the information required
29 under s. 456.039 or a set of fingerprints to the department as
30 required by this section, the department shall issue a notice
31 of noncompliance, and the applicant will be given 30
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1 additional days to comply. If the applicant fails to comply
2 within 30 days after the notice of noncompliance is issued,
3 the department or board, as appropriate, may issue a citation
4 to the applicant and may fine the applicant up to $50 for each
5 day that the applicant is not in compliance with the
6 requirements of s. 456.039. The citation must clearly state
7 that the applicant may choose, in lieu of accepting the
8 citation, to follow the procedure under s. 456.073. If the
9 applicant disputes the matter in the citation, the procedures
10 set forth in s. 456.073 must be followed. However, if the
11 applicant does not dispute the matter in the citation with the
12 department within 30 days after the citation is served, the
13 citation becomes a final order and constitutes discipline.
14 Service of a citation may be made by personal service or
15 certified mail, restricted delivery, to the subject at the
16 applicant's last known address. If an applicant has submitted
17 fingerprints to the department for a national criminal history
18 check upon initial licensure and is renewing his or her
19 license for the first time, then the applicant need only
20 submit the information and fee required for a statewide
21 criminal history check. However, if the applicant's
22 fingerprints are not retained by the Department of Law
23 Enforcement in the statewide automated fingerprint
24 identification system and the Department of Health is using
25 that system for access to arrest information of licensed
26 health practitioners, then the applicant must resubmit his or
27 her fingerprints and submit the information and fee required
28 by s. 456.039 for access to records in the statewide automated
29 fingerprint identification system in lieu of payment of fees
30 for a criminal background check of the applicant.
31
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1 Section 8. Subsection (1) of section 459.008, Florida
2 Statutes, is amended to read:
3 459.008 Renewal of licenses and certificates.--
4 (1) The department shall renew a license or
5 certificate upon receipt of the renewal application and fee.
6 An applicant for a renewed license must also submit the
7 information required under s. 456.039 to the department on a
8 form and under procedures specified by the department, along
9 with payment in an amount equal to the costs incurred by the
10 Department of Health for the statewide criminal background
11 check of the applicant. After the statewide automated
12 fingerprint identification system is implemented, the
13 applicant must pay the Department of Health an amount equal to
14 the costs incurred by the Department of Health for access to
15 records in the statewide automated fingerprint identification
16 system in lieu of payment of fees for a statewide criminal
17 background check of the applicant. The applicant must submit
18 a set of fingerprints to the Department of Health on a form
19 and under procedures specified by the department, along with
20 payment in an amount equal to the costs incurred by the
21 department for retaining and processing fingerprints in the
22 Department of Law Enforcement's statewide automated
23 fingerprint identification system a national criminal
24 background check of the applicant for the initial renewal of
25 his or her license after January 1, 2005 2000. If the
26 applicant fails to submit either the information required
27 under s. 456.039 or a set of fingerprints to the department as
28 required by this section, the department shall issue a notice
29 of noncompliance, and the applicant will be given 30
30 additional days to comply. If the applicant fails to comply
31 within 30 days after the notice of noncompliance is issued,
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1 the department or board, as appropriate, may issue a citation
2 to the applicant and may fine the applicant up to $50 for each
3 day that the applicant is not in compliance with the
4 requirements of s. 456.039. The citation must clearly state
5 that the applicant may choose, in lieu of accepting the
6 citation, to follow the procedure under s. 456.073. If the
7 applicant disputes the matter in the citation, the procedures
8 set forth in s. 456.073 must be followed. However, if the
9 applicant does not dispute the matter in the citation with the
10 department within 30 days after the citation is served, the
11 citation becomes a final order and constitutes discipline.
12 Service of a citation may be made by personal service or
13 certified mail, restricted delivery, to the subject at the
14 applicant's last known address. If an applicant has submitted
15 fingerprints to the department for a national criminal history
16 check upon initial licensure and is renewing his or her
17 license for the first time, then the applicant need only
18 submit the information and fee required for a statewide
19 criminal history check. However, if the applicant's
20 fingerprints are not retained by the Department of Law
21 Enforcement in the statewide automated fingerprint
22 identification system and the Department of Health is using
23 that system for access to arrest information of licensed
24 health practitioners, then the applicant must resubmit his or
25 her fingerprints and submit the information and fee required
26 by s. 456.039 for access to records in the statewide automated
27 fingerprint identification system in lieu of payment of fees
28 for a criminal background check of the applicant.
29 Section 9. Subsection (1) of section 460.407, Florida
30 Statutes, is amended to read:
31 460.407 Renewal of license.--
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1 (1) The department shall renew a license upon receipt
2 of the renewal application and the fee set by the board not to
3 exceed $500. An applicant for a renewed license must also
4 submit the information required under s. 456.039 to the
5 department on a form and under procedures specified by the
6 department, along with payment in an amount equal to the costs
7 incurred by the Department of Health for the statewide
8 criminal background check of the applicant. After the
9 statewide automated fingerprint identification system is
10 implemented, the applicant must pay the Department of Health
11 an amount equal to the costs incurred by the Department of
12 Health for access to records in the statewide automated
13 fingerprint identification system in lieu of payment of fees
14 for a statewide criminal background check of the applicant.
15 The applicant must submit a set of fingerprints to the
16 Department of Health on a form and under procedures specified
17 by the department, along with payment in an amount equal to
18 the costs incurred by the department for retaining and
19 processing fingerprints in the Department of Law Enforcement's
20 statewide automated fingerprint identification system a
21 national criminal background check of the applicant for the
22 initial renewal of his or her license after January 1, 2005
23 2000. If the applicant fails to submit either the information
24 required under s. 456.039 or a set of fingerprints to the
25 department as required by this section, the department shall
26 issue a notice of noncompliance, and the applicant will be
27 given 30 additional days to comply. If the applicant fails to
28 comply within 30 days after the notice of noncompliance is
29 issued, the department or board, as appropriate, may issue a
30 citation to the applicant and may fine the applicant up to $50
31 for each day that the applicant is not in compliance with the
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1 requirements of s. 456.039. The citation must clearly state
2 that the applicant may choose, in lieu of accepting the
3 citation, to follow the procedure under s. 456.073. If the
4 applicant disputes the matter in the citation, the procedures
5 set forth in s. 456.073 must be followed. However, if the
6 applicant does not dispute the matter in the citation with the
7 department within 30 days after the citation is served, the
8 citation becomes a final order and constitutes discipline.
9 Service of a citation may be made by personal service or
10 certified mail, restricted delivery, to the subject at the
11 applicant's last known address. If an applicant has submitted
12 fingerprints to the department for a national criminal history
13 check upon initial licensure and is renewing his or her
14 license for the first time, then the applicant need only
15 submit the information and fee required for a statewide
16 criminal history check. However, if the applicant's
17 fingerprints are not retained by the Department of Law
18 Enforcement in the statewide automated fingerprint
19 identification system and the Department of Health is using
20 that system for access to arrest information of licensed
21 health practitioners, then the applicant must resubmit his or
22 her fingerprints and submit the information and fee required
23 by s. 456.039 for access to records in the statewide automated
24 fingerprint identification system in lieu of payment of fees
25 for a criminal background check of the applicant.
26 Section 10. Subsection (1) of section 461.007, Florida
27 Statutes, is amended to read:
28 461.007 Renewal of license.--
29 (1) The department shall renew a license upon receipt
30 of the renewal application and a fee not to exceed $350 set by
31 the board, and evidence that the applicant has actively
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1 practiced podiatric medicine or has been on the active
2 teaching faculty of an accredited school of podiatric medicine
3 for at least 2 years of the immediately preceding 4 years. If
4 the licensee has not actively practiced podiatric medicine for
5 at least 2 years of the immediately preceding 4 years, the
6 board shall require that the licensee successfully complete a
7 board-approved course prior to renewal of the license. For
8 purposes of this subsection, "actively practiced podiatric
9 medicine" means the licensed practice of podiatric medicine as
10 defined in s. 461.003(5) by podiatric physicians, including
11 podiatric physicians employed by any governmental entity, on
12 the active teaching faculty of an accredited school of
13 podiatric medicine, or practicing administrative podiatric
14 medicine. An applicant for a renewed license must also submit
15 the information required under s. 456.039 to the department on
16 a form and under procedures specified by the department, along
17 with payment in an amount equal to the costs incurred by the
18 Department of Health for the statewide criminal background
19 check of the applicant. After the statewide automated
20 fingerprint identification system is implemented, the
21 applicant must pay the Department of Health an amount equal to
22 the costs incurred by the Department of Health for access to
23 records in the statewide automated fingerprint identification
24 system in lieu of payment of fees for a statewide criminal
25 background check of the applicant. The applicant must submit a
26 set of fingerprints to the Department of Health on a form and
27 under procedures specified by the department, along with
28 payment in an amount equal to the costs incurred by the
29 department for retaining and processing fingerprints in the
30 Department of Law Enforcement's statewide automated
31 fingerprint identification system a national criminal
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1 background check of the applicant for the initial renewal of
2 his or her license after January 1, 2005 2000. If the
3 applicant fails to submit either the information required
4 under s. 456.039 or a set of fingerprints to the department as
5 required by this section, the department shall issue a notice
6 of noncompliance, and the applicant will be given 30
7 additional days to comply. If the applicant fails to comply
8 within 30 days after the notice of noncompliance is issued,
9 the department or board, as appropriate, may issue a citation
10 to the applicant and may fine the applicant up to $50 for each
11 day that the applicant is not in compliance with the
12 requirements of s. 456.039. The citation must clearly state
13 that the applicant may choose, in lieu of accepting the
14 citation, to follow the procedure under s. 456.073. If the
15 applicant disputes the matter in the citation, the procedures
16 set forth in s. 456.073 must be followed. However, if the
17 applicant does not dispute the matter in the citation with the
18 department within 30 days after the citation is served, the
19 citation becomes a final order and constitutes discipline.
20 Service of a citation may be made by personal service or
21 certified mail, restricted delivery, to the subject at the
22 applicant's last known address. If an applicant has submitted
23 fingerprints to the department for a national criminal history
24 check upon initial licensure and is renewing his or her
25 license for the first time, then the applicant need only
26 submit the information and fee required for a statewide
27 criminal history check. However, if the applicant's
28 fingerprints are not retained by the Department of Law
29 Enforcement in the statewide automated fingerprint
30 identification system and the Department of Health is using
31 that system for access to arrest information of licensed
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1 health practitioners, then the applicant must resubmit his or
2 her fingerprints and submit the information and fee required
3 by s. 456.039 for access to records in the statewide automated
4 fingerprint identification system in lieu of payment of fees
5 for a criminal background check of the applicant.
6 Section 11. This act shall take effect July 1, 2004.
7
8 *****************************************
9 SENATE SUMMARY
10 Revises the requirements for information submitted by
specified health care professionals for initial and
11 renewal licenses. Revises the duties of the Department of
Health in compiling information into a practitioner's
12 profile. Requires the department to verify certain
information submitted by applicants for licensure.
13 Requires the department to include the criminal history,
the status of the practitioner's license, and the
14 notification of death in a practitioner's profile.
Requires practitioners to submit applications for
15 licensure and updated information electronically through
the Internet by a specified date. Requires the Department
16 of Law Enforcement to retain fingerprints of health care
professionals and search arrest records against the
17 fingerprints of health care professionals. Requires
arrest information concerning a health care professional
18 to be provided to the Department of Health. Provides for
payment of an annual fee to the Department of Law
19 Enforcement. (See bill for details.)
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