Senate Bill sb2584c1
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Florida Senate - 2004 CS for SB 2584
By the Committee on Health, Aging, and Long-Term Care; and
Senator Diaz de la Portilla
317-2416-04
1 A bill to be entitled
2 An act relating to medical specialties;
3 amending s. 458.3312, F.S.; authorizing
4 physicians to be certified as specialists by a
5 board of certification of the American
6 Association of Physician Specialists, Inc.;
7 prohibiting the lowering of standards by
8 certain certification organizations; providing
9 for the Board of Medicine to rescind authority
10 under certain circumstances; amending s.
11 456.039, F.S., to conform; providing an
12 effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 458.3312, Florida Statutes, is
17 amended to read:
18 458.3312 Specialties.--A physician licensed under this
19 chapter may not hold himself or herself out as a
20 board-certified specialist unless the physician has received
21 formal recognition as a specialist from a specialty board of
22 the American Board of Medical Specialties, a board of
23 certification of the American Association of Physician
24 Specialists, Inc., or another other recognizing agency
25 approved by the board. The American Board of Medical
26 Specialties and the American Association of Physician
27 Specialists, Inc., may not lower their standards for board
28 certification. The board may act to rescind this recognition
29 of the American Board of Medical Specialties or the American
30 Association of Physician Specialists, Inc., as specialty
31 certifying organizations only if it establishes by clear and
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1 convincing evidence that certification standards have been
2 adopted which affirmatively lower the requirements for
3 specialty certification of that organization. However, a
4 physician may indicate the services offered and may state that
5 his or her practice is limited to one or more types of
6 services when this accurately reflects the scope of practice
7 of the physician.
8 Section 2. Paragraph (a) of subsection (1) of section
9 456.039, Florida Statutes, is amended to read:
10 456.039 Designated health care professionals;
11 information required for licensure.--
12 (1) Each person who applies for initial licensure as a
13 physician under chapter 458, chapter 459, chapter 460, or
14 chapter 461, except a person applying for registration
15 pursuant to ss. 458.345 and 459.021, must, at the time of
16 application, and each physician who applies for license
17 renewal under chapter 458, chapter 459, chapter 460, or
18 chapter 461, except a person registered pursuant to ss.
19 458.345 and 459.021, must, in conjunction with the renewal of
20 such license and under procedures adopted by the Department of
21 Health, and in addition to any other information that may be
22 required from the applicant, furnish the following information
23 to the Department of Health:
24 (a)1. The name of each medical school that the
25 applicant has attended, with the dates of attendance and the
26 date of graduation, and a description of all graduate medical
27 education completed by the applicant, excluding any coursework
28 taken to satisfy medical licensure continuing education
29 requirements.
30 2. The name of each hospital at which the applicant
31 has privileges.
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Florida Senate - 2004 CS for SB 2584
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1 3. The address at which the applicant will primarily
2 conduct his or her practice.
3 4. Any certification that the applicant has received
4 from a specialty board that is recognized by the board to
5 which the applicant is applying.
6 5. The year that the applicant began practicing
7 medicine.
8 6. Any appointment to the faculty of a medical school
9 which the applicant currently holds and an indication as to
10 whether the applicant has had the responsibility for graduate
11 medical education within the most recent 10 years.
12 7. A description of any criminal offense of which the
13 applicant has been found guilty, regardless of whether
14 adjudication of guilt was withheld, or to which the applicant
15 has pled guilty or nolo contendere. A criminal offense
16 committed in another jurisdiction which would have been a
17 felony or misdemeanor if committed in this state must be
18 reported. If the applicant indicates that a criminal offense
19 is under appeal and submits a copy of the notice for appeal of
20 that criminal offense, the department must state that the
21 criminal offense is under appeal if the criminal offense is
22 reported in the applicant's profile. If the applicant
23 indicates to the department that a criminal offense is under
24 appeal, the applicant must, upon disposition of the appeal,
25 submit to the department a copy of the final written order of
26 disposition.
27 8. A description of any final disciplinary action
28 taken within the previous 10 years against the applicant by
29 the agency regulating the profession that the applicant is or
30 has been licensed to practice, whether in this state or in any
31 other jurisdiction, by a specialty board that is recognized by
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1 the American Board of Medical Specialties, the American
2 Association of Physician Specialists, Inc., the American
3 Osteopathic Association, or a similar national organization,
4 or by a licensed hospital, health maintenance organization,
5 prepaid health clinic, ambulatory surgical center, or nursing
6 home. Disciplinary action includes resignation from or
7 nonrenewal of medical staff membership or the restriction of
8 privileges at a licensed hospital, health maintenance
9 organization, prepaid health clinic, ambulatory surgical
10 center, or nursing home taken in lieu of or in settlement of a
11 pending disciplinary case related to competence or character.
12 If the applicant indicates that the disciplinary action is
13 under appeal and submits a copy of the document initiating an
14 appeal of the disciplinary action, the department must state
15 that the disciplinary action is under appeal if the
16 disciplinary action is reported in the applicant's profile.
17 9. Relevant professional qualifications as defined by
18 the applicable board.
19 Section 3. This act shall take effect upon becoming a
20 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2584
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4 The American Board of Medical Specialties and the American
Association of Physician Specialists, Inc., may not lower
5 their standards for board certification. The Board of
Medicine's authority to rescind its recognition of the
6 American Board of Medical Specialties and the American
Association of Physician Specialists, Inc., as specialty
7 organizations, is limited to circumstances when the Board of
Medicine establishes by clear and convincing evidence that
8 certification standards have been adopted which affirmatively
lower the requirements for specialty certification of that
9 organization. The provisions in the osteopathic practice act
regarding board-certified specialties, and health care
10 facility privileges and contracts for managed care or
risk-based care with osteopathic physicians are no longer
11 amended to recognize the American Association of Physician
Specialists, Inc., as a certifying agency.
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