1 | Representative(s) Flores offered the following: |
2 |
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3 | Substitute Amendment for Amendment (072115) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Subsections (1) and (2) of section 458.307, |
6 | Florida Statutes, are amended to read: |
7 | 458.307 Board of Medicine.-- |
8 | (1) There is created within the department the Board of |
9 | Medicine, composed of 17 15 members appointed by the Governor |
10 | and confirmed by the Senate. |
11 | (2) Twelve members of the board must be licensed |
12 | physicians in good standing in this state who are residents of |
13 | the state and who have been engaged in the active practice or |
14 | teaching of medicine in this state with a full and unrestricted |
15 | medical license for at least 5 4 years immediately preceding |
16 | their appointment. One of the physicians must be on the full- |
17 | time faculty of a medical school in this state, and one of the |
18 | physicians must be in private practice and on the full-time |
19 | staff of a statutory teaching hospital in this state as defined |
20 | in s. 408.07. At least one of the physicians must be a graduate |
21 | of a foreign medical school. Four consumer The remaining three |
22 | members must be residents of the state who have lived in the |
23 | state for at least 5 years immediately preceding their |
24 | appointments, have never been licensed as a health care |
25 | practitioner under chapter 456 or the applicable practice act, |
26 | and do not have a substantial personal, business, professional, |
27 | or pecuniary connection with a licensed health care practitioner |
28 | or with a medical education or health care facility, except as |
29 | patients or potential patients are not, and never have been, |
30 | licensed health care practitioners. The final One member must be |
31 | the chief operations officer of a hospital a health care risk |
32 | manager licensed under chapter 395 who has lived in the state |
33 | and held such position for at least 5 years immediately |
34 | preceding his or her appointment to the board s. 395.10974. At |
35 | least one member of the board must be 60 years of age or older. |
36 | The requirements of this subsection shall be a continuing |
37 | condition of membership on the board. Any member who ceases to |
38 | meet the requirements of this subsection shall be removed from |
39 | the board, and a new qualified member shall be appointed to fill |
40 | the vacancy for the remainder of that member's term. |
41 | Section 2. The requirements of section 458.307, Florida |
42 | Statutes, as amended by this act, shall apply to appointments |
43 | made on or after the effective date of this act and shall not be |
44 | construed to end the term of any member of the Board of Medicine |
45 | holding that appointment on the effective date of this act. The |
46 | terms of the additional members required to be appointed under |
47 | section 458.307, Florida Statutes, as amended by this act, shall |
48 | begin November 1, 2005. |
49 | Section 3. Subsections (2) through (8) of section 458.311, |
50 | Florida Statutes, are renumbered as subsections (3) through (9), |
51 | respectively, present subsections (5) and (7) are amended, and a |
52 | new subsection (2) is added to said section, to read: |
53 | 458.311 Licensure by examination; requirements; fees.-- |
54 | (2) Notwithstanding sub-subparagraphs (1)(f)1.c., |
55 | (1)(f)2.c., and (1)(f)3.c. and paragraph (3)(d), except for |
56 | passing part II of the National Board of Medical Examiners |
57 | examination or the Educational Commission for Foreign Medical |
58 | Graduates examination equivalent as referred to in paragraph |
59 | (3)(d), the department may develop procedures for an applicant |
60 | for licensure as a physician pursuant to this chapter to meet |
61 | postgraduate training requirements by completion of a 2-year |
62 | externship at a nonstatutory teaching hospital licensed in this |
63 | state. The training provided in the externship shall be |
64 | substantially similar, as defined by board rule, to the training |
65 | provided in an approved residency as provided in sub- |
66 | subparagraph (1)(f)1.c., sub-subparagraph (1)(f)2.c., or sub- |
67 | subparagraph (1)(f)3.c. In order for the externship to meet the |
68 | requirements of this subsection, it must be approved by the |
69 | board prior to the applicant entering into the externship. The |
70 | applicant shall not be licensed pursuant to this subsection |
71 | unless the board finds that the applicant has successfully |
72 | completed the externship. The board may adopt rules to implement |
73 | this subsection, including the implementation of fees to cover |
74 | costs. |
75 | (6)(5) The board may not certify to the department for |
76 | licensure any applicant who is under investigation in another |
77 | jurisdiction for an offense which would constitute a violation |
78 | of this chapter until such investigation is completed. Upon |
79 | completion of the investigation, the provisions of s. 458.331 |
80 | shall apply. Furthermore, the department may not issue an |
81 | unrestricted license to any individual who has committed any act |
82 | or offense in any jurisdiction which would constitute the basis |
83 | for disciplining a physician pursuant to s. 458.331. When the |
84 | board finds that an individual has committed an act or offense |
85 | in any jurisdiction which would constitute the basis for |
86 | disciplining a physician pursuant to s. 458.331, then the board |
87 | may enter an order imposing one or more of the terms set forth |
88 | in subsection (9)(8). |
89 | (8)(7) Upon certification by the board, the department |
90 | shall impose conditions, limitations, or restrictions on a |
91 | license if the applicant is on probation in another jurisdiction |
92 | for an act which would constitute a violation of this chapter or |
93 | if the externship requirement provided in subsection (2) was |
94 | complied with at a nonstatutory teaching hospital. |
95 | Section 4. Paragraph (a) of subsection (1) of section |
96 | 458.313, Florida Statutes, is amended to read: |
97 | 458.313 Licensure by endorsement; requirements; fees.-- |
98 | (1) The department shall issue a license by endorsement to |
99 | any applicant who, upon applying to the department on forms |
100 | furnished by the department and remitting a fee set by the board |
101 | not to exceed $500, the board certifies: |
102 | (a) Has met the qualifications for licensure in s. |
103 | 458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (4)(3); |
104 | Section 5. Subsection (1) of section 458.316, Florida |
105 | Statutes, is amended to read: |
106 | 458.316 Public health certificate.-- |
107 | (1) Any person desiring to obtain a public health |
108 | certificate shall submit an application fee not to exceed $300 |
109 | and shall demonstrate to the board that he or she is a graduate |
110 | of an accredited medical school and holds a master of public |
111 | health degree or is board eligible or certified in public health |
112 | or preventive medicine, or is licensed to practice medicine |
113 | without restriction in another jurisdiction in the United States |
114 | and holds a master of public health degree or is board eligible |
115 | or certified in public health or preventive medicine, and shall |
116 | meet the requirements in s. 458.311(1)(a)-(g) and (6)(5). |
117 | Section 6. Section 458.3165, Florida Statutes, is amended |
118 | to read: |
119 | 458.3165 Public psychiatry certificate.--The board shall |
120 | issue a public psychiatry certificate to an individual who |
121 | remits an application fee not to exceed $300, as set by the |
122 | board, who is a board-certified psychiatrist, who is licensed to |
123 | practice medicine without restriction in another state, and who |
124 | meets the requirements in s. 458.311(1)(a)-(g) and (6)(5). A |
125 | recipient of a public psychiatry certificate may use the |
126 | certificate to work at any public mental health facility or |
127 | program funded in part or entirely by state funds. |
128 | (1) Such certificate shall: |
129 | (a) Authorize the holder to practice only in a public |
130 | mental health facility or program funded in part or entirely by |
131 | state funds. |
132 | (b) Be issued and renewable biennially if the secretary of |
133 | the Department of Health and the chair of the department of |
134 | psychiatry at one of the public medical schools or the chair of |
135 | the department of psychiatry at the accredited medical school at |
136 | the University of Miami recommend in writing that the |
137 | certificate be issued or renewed. |
138 | (c) Automatically expire if the holder's relationship with |
139 | a public mental health facility or program expires. |
140 | (d) Not be issued to a person who has been adjudged |
141 | unqualified or guilty of any of the prohibited acts in this |
142 | chapter. |
143 | (2) The board may take disciplinary action against a |
144 | certificateholder for noncompliance with any part of this |
145 | section or for any reason for which a regular licensee may be |
146 | subject to discipline. |
147 | Section 7. Paragraph (a) of subsection (1) of section |
148 | 458.317, Florida Statutes, is amended to read: |
149 | 458.317 Limited licenses.-- |
150 | (1)(a) Any person desiring to obtain a limited license |
151 | shall: |
152 | 1. Submit to the board, with an application and fee not to |
153 | exceed $300, an affidavit stating that he or she has been |
154 | licensed to practice medicine in any jurisdiction in the United |
155 | States for at least 10 years and intends to practice only |
156 | pursuant to the restrictions of a limited license granted |
157 | pursuant to this section. However, a physician who is not fully |
158 | retired in all jurisdictions may use a limited license only for |
159 | noncompensated practice. If the person applying for a limited |
160 | license submits a notarized statement from the employing agency |
161 | or institution stating that he or she will not receive |
162 | compensation for any service involving the practice of medicine, |
163 | the application fee and all licensure fees shall be waived. |
164 | However, any person who receives a waiver of fees for a limited |
165 | license shall pay such fees if the person receives compensation |
166 | for the practice of medicine. |
167 | 2. Meet the requirements in s. 458.311(1)(b)-(g) and |
168 | (6)(5). If the applicant graduated from medical school prior to |
169 | 1946, the board or its appropriate committee may accept military |
170 | medical training or medical experience as a substitute for the |
171 | approved 1-year residency requirement in s. 458.311(1)(f). |
172 |
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173 | Nothing herein limits in any way any policy by the board, |
174 | otherwise authorized by law, to grant licenses to physicians |
175 | duly licensed in other states under conditions less restrictive |
176 | than the requirements of this section. Notwithstanding the other |
177 | provisions of this section, the board may refuse to authorize a |
178 | physician otherwise qualified to practice in the employ of any |
179 | agency or institution otherwise qualified if the agency or |
180 | institution has caused or permitted violations of the provisions |
181 | of this chapter which it knew or should have known were |
182 | occurring. |
183 | Section 8. Subsection (2) of section 458.331, Florida |
184 | Statutes, is amended, and subsection (11) is added to said |
185 | section, to read: |
186 | 458.331 Grounds for disciplinary action; action by the |
187 | board and department.-- |
188 | (2) The board may enter an order denying licensure or |
189 | imposing any of the penalties in s. 456.072(2) against any |
190 | applicant for licensure or licensee who is found guilty of |
191 | violating any provision of subsection (1) of this section or who |
192 | is found guilty of violating any provision of s. 456.072(1). A |
193 | probable cause panel considering disciplinary action against a |
194 | physician assistant pursuant to s. 456.073 shall include a |
195 | licensed physician assistant designated by the Council on |
196 | Physician Assistants, unless a physician assistant is not |
197 | available. In determining what action is appropriate, the board |
198 | must first consider what sanctions are necessary to protect the |
199 | public or to compensate the patient. Only after those sanctions |
200 | have been imposed may the disciplining authority consider and |
201 | include in the order requirements designed to rehabilitate the |
202 | physician. All costs associated with compliance with orders |
203 | issued under this subsection are the obligation of the |
204 | physician. |
205 | (11) Notwithstanding any law to the contrary, a |
206 | practitioner licensed under this chapter has a defense to an |
207 | alleged violation, by the preponderance of the evidence, that |
208 | the practitioner relied in good faith on the representations |
209 | made to the practitioner by a drug manufacturer or its |
210 | representatives and that the practitioner had no intent to |
211 | violate the law. |
212 | Section 9. Paragraph (b) of subsection (7) of section |
213 | 458.347, Florida Statutes, is amended to read: |
214 | 458.347 Physician assistants.-- |
215 | (7) PHYSICIAN ASSISTANT LICENSURE.-- |
216 | (b)1. Notwithstanding subparagraph (a)2. and |
217 | sub-subparagraph (a)3.a., the department shall examine each |
218 | applicant who the Board of Medicine certifies: |
219 | a. Has completed the application form and remitted a |
220 | nonrefundable application fee not to exceed $500 and an |
221 | examination fee not to exceed $300, plus the actual cost to the |
222 | department to provide the examination. The examination fee is |
223 | refundable if the applicant is found to be ineligible to take |
224 | the examination. The department shall not require the applicant |
225 | to pass a separate practical component of the examination. For |
226 | examinations given after July 1, 1998, competencies measured |
227 | through practical examinations shall be incorporated into the |
228 | written examination through a multiple-choice format. The |
229 | department shall translate the examination into the native |
230 | language of any applicant who requests and agrees to pay all |
231 | costs of such translation, provided that the translation request |
232 | is filed with the board office no later than 9 months before the |
233 | scheduled examination and the applicant remits translation fees |
234 | as specified by the department no later than 6 months before the |
235 | scheduled examination, and provided that the applicant |
236 | demonstrates to the department the ability to communicate orally |
237 | in basic English. If the applicant is unable to pay translation |
238 | costs, the applicant may take the next available examination in |
239 | English if the applicant submits a request in writing by the |
240 | application deadline and if the applicant is otherwise eligible |
241 | under this section. To demonstrate the ability to communicate |
242 | orally in basic English, a passing score or grade is required, |
243 | as determined by the department or organization that developed |
244 | it, on the test for spoken English (TSE) by the Educational |
245 | Testing Service (ETS), the test of English as a foreign language |
246 | (TOEFL) by ETS, a high school or college level English course, |
247 | or the English examination for citizenship, Bureau of |
248 | Citizenship and Immigration Services. A notarized copy of an |
249 | Educational Commission for Foreign Medical Graduates (ECFMG) |
250 | certificate may also be used to demonstrate the ability to |
251 | communicate in basic English; and |
252 | b.(I) Is an unlicensed physician who graduated from a |
253 | foreign medical school listed with the World Health Organization |
254 | who has not previously taken and failed the examination of the |
255 | National Commission on Certification of Physician Assistants and |
256 | who has been certified by the Board of Medicine as having met |
257 | the requirements for licensure as a medical doctor by |
258 | examination as set forth in s. 458.311(1), (4)(3), (5)(4), and |
259 | (6)(5), with the exception that the applicant is not required to |
260 | have completed an approved residency of at least 1 year and the |
261 | applicant is not required to have passed the licensing |
262 | examination specified under s. 458.311 or hold a valid, active |
263 | certificate issued by the Educational Commission for Foreign |
264 | Medical Graduates; was eligible and made initial application for |
265 | certification as a physician assistant in this state between |
266 | July 1, 1990, and June 30, 1991; and was a resident of this |
267 | state on July 1, 1990, or was licensed or certified in any state |
268 | in the United States as a physician assistant on July 1, 1990; |
269 | or |
270 | (II) Completed all coursework requirements of the Master |
271 | of Medical Science Physician Assistant Program offered through |
272 | the Florida College of Physician's Assistants prior to its |
273 | closure in August of 1996. Prior to taking the examination, such |
274 | applicant must successfully complete any clinical rotations that |
275 | were not completed under such program prior to its termination |
276 | and any additional clinical rotations with an appropriate |
277 | physician assistant preceptor, not to exceed 6 months, that are |
278 | determined necessary by the council. The boards shall determine, |
279 | based on recommendations from the council, the facilities under |
280 | which such incomplete or additional clinical rotations may be |
281 | completed and shall also determine what constitutes successful |
282 | completion thereof, provided such requirements are comparable to |
283 | those established by accredited physician assistant programs. |
284 | This sub-sub-subparagraph is repealed July 1, 2001. |
285 | 2. The department may grant temporary licensure to an |
286 | applicant who meets the requirements of subparagraph 1. Between |
287 | meetings of the council, the department may grant temporary |
288 | licensure to practice based on the completion of all temporary |
289 | licensure requirements. All such administratively issued |
290 | licenses shall be reviewed and acted on at the next regular |
291 | meeting of the council. A temporary license expires 30 days |
292 | after receipt and notice of scores to the licenseholder from the |
293 | first available examination specified in subparagraph 1. |
294 | following licensure by the department. An applicant who fails |
295 | the proficiency examination is no longer temporarily licensed, |
296 | but may apply for a one-time extension of temporary licensure |
297 | after reapplying for the next available examination. Extended |
298 | licensure shall expire upon failure of the licenseholder to sit |
299 | for the next available examination or upon receipt and notice of |
300 | scores to the licenseholder from such examination. |
301 | 3. Notwithstanding any other provision of law, the |
302 | examination specified pursuant to subparagraph 1. shall be |
303 | administered by the department only five times. Applicants |
304 | certified by the board for examination shall receive at least 6 |
305 | months' notice of eligibility prior to the administration of the |
306 | initial examination. Subsequent examinations shall be |
307 | administered at 1-year intervals following the reporting of the |
308 | scores of the first and subsequent examinations. For the |
309 | purposes of this paragraph, the department may develop, contract |
310 | for the development of, purchase, or approve an examination that |
311 | adequately measures an applicant's ability to practice with |
312 | reasonable skill and safety. The minimum passing score on the |
313 | examination shall be established by the department, with the |
314 | advice of the board. Those applicants failing to pass that |
315 | examination or any subsequent examination shall receive notice |
316 | of the administration of the next examination with the notice of |
317 | scores following such examination. Any applicant who passes the |
318 | examination and meets the requirements of this section shall be |
319 | licensed as a physician assistant with all rights defined |
320 | thereby. |
321 | Section 10. Subsection (2) of section 459.015, Florida |
322 | Statutes, is amended to read: |
323 | 459.015 Grounds for disciplinary action; action by the |
324 | board and department.-- |
325 | (2) The board may enter an order denying licensure or |
326 | imposing any of the penalties in s. 456.072(2) against any |
327 | applicant for licensure or licensee who is found guilty of |
328 | violating any provision of subsection (1) of this section or who |
329 | is found guilty of violating any provision of s. 456.072(1). A |
330 | probable cause panel considering disciplinary action against a |
331 | physician assistant pursuant to s. 456.073 shall include a |
332 | licensed physician assistant designated by the Council on |
333 | Physician Assistants, unless a physician assistant is not |
334 | available. In determining what action is appropriate, the board |
335 | must first consider what sanctions are necessary to protect the |
336 | public or to compensate the patient. Only after those sanctions |
337 | have been imposed may the disciplining authority consider and |
338 | include in the order requirements designed to rehabilitate the |
339 | physician. All costs associated with compliance with orders |
340 | issued under this subsection are the obligation of the |
341 | physician. |
342 | Section 11. This act shall take effect upon becoming a |
343 | law. |
344 |
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345 | ================= T I T L E A M E N D M E N T ================= |
346 | Remove the entire title and insert: |
347 | A bill to be entitled |
348 | An act relating to the practice of medicine; amending s. |
349 | 458.307, F.S.; revising membership requirements of the |
350 | Board of Medicine; providing for the appointment of |
351 | additional members; providing applicability to current |
352 | members; providing the beginning date for the terms of the |
353 | additional members; providing for continuing conditions of |
354 | membership and replacement of unqualified members; |
355 | amending s. 458.311, F.S.; providing an option for |
356 | applicants for physician licensure to complete an |
357 | externship; authorizing the Department of Health to |
358 | develop procedures relating to completion of the |
359 | externship; requiring board approval of externships; |
360 | authorizing the board to adopt rules to implement |
361 | externship requirements, including fees to cover costs; |
362 | revising the requirement of the department to impose |
363 | conditions, limitations, or restrictions on a license; |
364 | amending ss. 458.313, 458.316, 458.3165, 458.317, and |
365 | 458.347, F.S.; correcting cross references; amending s. |
366 | 458.331, F.S.; providing a requirement for a probable |
367 | cause panel considering disciplinary action against a |
368 | physician assistant; providing an exception; providing |
369 | practitioners a defense to alleged violations; amending s. |
370 | 459.015, F.S.; providing a requirement for a probable |
371 | cause panel considering disciplinary action against a |
372 | physician assistant; providing an exception; providing an |
373 | effective date. |