HB 0895

CS

CHAMBER ACTION

1	The Committee on Health Care recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to medical specialties; amending s.
7	458.3312, F.S.; authorizing physicians to be certified as
8	specialists by a board of certification of the American
9	Association of Physician Specialists, Inc.; prohibiting
10	lowering of certification standards; providing for
11	rescinding of certification authority under certain
12	circumstances; amending s. 456.039, F.S., to conform;
13	providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 458.3312, Florida Statutes, is amended
18	to read:
19	458.3312  Specialties.--A physician licensed under this
20	chapter may not hold himself or herself out as a board-certified
21	specialist unless the physician has received formal recognition
22	as a specialist from a specialty board of the American Board of
23	Medical Specialties, a board of certification of the American
24	Association of Physician Specialists, Inc., or another other
25	recognizing agency approved by the board. The American Board of
26	Medical 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 recognition of the
29	American Board of Medical Specialties or the American
30	Association of Physician Specialists, Inc., as a specialty
31	certifying organization only if it establishes by clear and
32	convincing evidence that certification standards have been
33	adopted that affirmatively lower the requirements for specialty
34	certification by that organization. However, a physician may
35	indicate the services offered and may state that his or her
36	practice is limited to one or more types of services when this
37	accurately reflects the scope of practice of the physician.
38	Section 2.  Paragraph (a) of subsection (1) of section
39	456.039, Florida Statutes, is amended to read:
40	456.039  Designated health care professionals; information
41	required for licensure.--
42	(1)  Each person who applies for initial licensure as a
43	physician under chapter 458, chapter 459, chapter 460, or
44	chapter 461, except a person applying for registration pursuant
45	to ss. 458.345 and 459.021, must, at the time of application,
46	and each physician who applies for license renewal under chapter
47	458, chapter 459, chapter 460, or chapter 461, except a person
48	registered pursuant to ss. 458.345 and 459.021, must, in
49	conjunction with the renewal of such license and under
50	procedures adopted by the Department of Health, and in addition
51	to any other information that may be required from the
52	applicant, furnish the following information to the Department
53	of Health:
54	(a)1.  The name of each medical school that the applicant
55	has attended, with the dates of attendance and the date of
56	graduation, and a description of all graduate medical education
57	completed by the applicant, excluding any coursework taken to
58	satisfy medical licensure continuing education requirements.
59	2.  The name of each hospital at which the applicant has
60	privileges.
61	3.  The address at which the applicant will primarily
62	conduct his or her practice.
63	4.  Any certification that the applicant has received from
64	a specialty board that is recognized by the board to which the
65	applicant is applying.
66	5.  The year that the applicant began practicing medicine.
67	6.  Any appointment to the faculty of a medical school
68	which the applicant currently holds and an indication as to
69	whether the applicant has had the responsibility for graduate
70	medical education within the most recent 10 years.
71	7.  A description of any criminal offense of which the
72	applicant has been found guilty, regardless of whether
73	adjudication of guilt was withheld, or to which the applicant
74	has pled guilty or nolo contendere. A criminal offense committed
75	in another jurisdiction which would have been a felony or
76	misdemeanor if committed in this state must be reported. If the
77	applicant indicates that a criminal offense is under appeal and
78	submits a copy of the notice for appeal of that criminal
79	offense, the department must state that the criminal offense is
80	under appeal if the criminal offense is reported in the
81	applicant's profile. If the applicant indicates to the
82	department that a criminal offense is under appeal, the
83	applicant must, upon disposition of the appeal, submit to the
84	department a copy of the final written order of disposition.
85	8.  A description of any final disciplinary action taken
86	within the previous 10 years against the applicant by the agency
87	regulating the profession that the applicant is or has been
88	licensed to practice, whether in this state or in any other
89	jurisdiction, by a specialty board that is recognized by the
90	American Board of Medical Specialties, the American Association
91	of Physician Specialists, Inc., the American Osteopathic
92	Association, or a similar national organization, or by a
93	licensed hospital, health maintenance organization, prepaid
94	health clinic, ambulatory surgical center, or nursing home.
95	Disciplinary action includes resignation from or nonrenewal of
96	medical staff membership or the restriction of privileges at a
97	licensed hospital, health maintenance organization, prepaid
98	health clinic, ambulatory surgical center, or nursing home taken
99	in lieu of or in settlement of a pending disciplinary case
100	related to competence or character. If the applicant indicates
101	that the disciplinary action is under appeal and submits a copy
102	of the document initiating an appeal of the disciplinary action,
103	the department must state that the disciplinary action is under
104	appeal if the disciplinary action is reported in the applicant's
105	profile.
106	9.  Relevant professional qualifications as defined by the
107	applicable board.
108	Section 3.  This act shall take effect upon becoming a law.

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