HB 0895

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

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