Amendment
Bill No. 1180
Amendment No. 045217
CHAMBER ACTION
Senate House
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1Representative(s) Flores offered the following:
2
3     Substitute Amendment for Amendment (072115)
4Remove everything after the enacting clause and insert:
5     Section 1.  Subsections (1) and (2) of section 458.307,
6Florida Statutes, are amended to read:
7     458.307  Board of Medicine.--
8     (1)  There is created within the department the Board of
9Medicine, composed of 17 15 members appointed by the Governor
10and confirmed by the Senate.
11     (2)  Twelve members of the board must be licensed
12physicians in good standing in this state who are residents of
13the state and who have been engaged in the active practice or
14teaching of medicine in this state with a full and unrestricted
15medical license for at least 5 4 years immediately preceding
16their appointment. One of the physicians must be on the full-
17time faculty of a medical school in this state, and one of the
18physicians must be in private practice and on the full-time
19staff of a statutory teaching hospital in this state as defined
20in s. 408.07. At least one of the physicians must be a graduate
21of a foreign medical school. Four consumer The remaining three
22members must be residents of the state who have lived in the
23state for at least 5 years immediately preceding their
24appointments, have never been licensed as a health care
25practitioner under chapter 456 or the applicable practice act,
26and do not have a substantial personal, business, professional,
27or pecuniary connection with a licensed health care practitioner
28or with a medical education or health care facility, except as
29patients or potential patients are not, and never have been,
30licensed health care practitioners. The final One member must be
31the chief operations officer of a hospital a health care risk
32manager licensed under chapter 395 who has lived in the state
33and held such position for at least 5 years immediately
34preceding his or her appointment to the board s. 395.10974. At
35least one member of the board must be 60 years of age or older.
36The requirements of this subsection shall be a continuing
37condition of membership on the board. Any member who ceases to
38meet the requirements of this subsection shall be removed from
39the board, and a new qualified member shall be appointed to fill
40the vacancy for the remainder of that member's term.
41     Section 2.  The requirements of section 458.307, Florida
42Statutes, as amended by this act, shall apply to appointments
43made on or after the effective date of this act and shall not be
44construed to end the term of any member of the Board of Medicine
45holding that appointment on the effective date of this act. The
46terms of the additional members required to be appointed under
47section 458.307, Florida Statutes, as amended by this act, shall
48begin November 1, 2005.
49     Section 3.  Subsections (2) through (8) of section 458.311,
50Florida Statutes, are renumbered as subsections (3) through (9),
51respectively, present subsections (5) and (7) are amended, and a
52new 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
56passing part II of the National Board of Medical Examiners
57examination or the Educational Commission for Foreign Medical
58Graduates examination equivalent as referred to in paragraph
59(3)(d), the department may develop procedures for an applicant
60for licensure as a physician pursuant to this chapter to meet
61postgraduate training requirements by completion of a 2-year
62externship at a nonstatutory teaching hospital licensed in this
63state. The training provided in the externship shall be
64substantially similar, as defined by board rule, to the training
65provided in an approved residency as provided in sub-
66subparagraph (1)(f)1.c., sub-subparagraph (1)(f)2.c., or sub-
67subparagraph (1)(f)3.c. In order for the externship to meet the
68requirements of this subsection, it must be approved by the
69board prior to the applicant entering into the externship. The
70applicant shall not be licensed pursuant to this subsection
71unless the board finds that the applicant has successfully
72completed the externship. The board may adopt rules to implement
73this subsection, including the implementation of fees to cover
74costs.
75     (6)(5)  The board may not certify to the department for
76licensure any applicant who is under investigation in another
77jurisdiction for an offense which would constitute a violation
78of this chapter until such investigation is completed. Upon
79completion of the investigation, the provisions of s. 458.331
80shall apply. Furthermore, the department may not issue an
81unrestricted license to any individual who has committed any act
82or offense in any jurisdiction which would constitute the basis
83for disciplining a physician pursuant to s. 458.331. When the
84board finds that an individual has committed an act or offense
85in any jurisdiction which would constitute the basis for
86disciplining a physician pursuant to s. 458.331, then the board
87may enter an order imposing one or more of the terms set forth
88in subsection (9)(8).
89     (8)(7)  Upon certification by the board, the department
90shall impose conditions, limitations, or restrictions on a
91license if the applicant is on probation in another jurisdiction
92for an act which would constitute a violation of this chapter or
93if the externship requirement provided in subsection (2) was
94complied with at a nonstatutory teaching hospital.
95     Section 4.  Paragraph (a) of subsection (1) of section
96458.313, 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
99any applicant who, upon applying to the department on forms
100furnished by the department and remitting a fee set by the board
101not to exceed $500, the board certifies:
102     (a)  Has met the qualifications for licensure in s.
103458.311(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
105Statutes, is amended to read:
106     458.316  Public health certificate.--
107     (1)  Any person desiring to obtain a public health
108certificate shall submit an application fee not to exceed $300
109and shall demonstrate to the board that he or she is a graduate
110of an accredited medical school and holds a master of public
111health degree or is board eligible or certified in public health
112or preventive medicine, or is licensed to practice medicine
113without restriction in another jurisdiction in the United States
114and holds a master of public health degree or is board eligible
115or certified in public health or preventive medicine, and shall
116meet the requirements in s. 458.311(1)(a)-(g) and (6)(5).
117     Section 6.  Section 458.3165, Florida Statutes, is amended
118to read:
119     458.3165  Public psychiatry certificate.--The board shall
120issue a public psychiatry certificate to an individual who
121remits an application fee not to exceed $300, as set by the
122board, who is a board-certified psychiatrist, who is licensed to
123practice medicine without restriction in another state, and who
124meets the requirements in s. 458.311(1)(a)-(g) and (6)(5). A
125recipient of a public psychiatry certificate may use the
126certificate to work at any public mental health facility or
127program funded in part or entirely by state funds.
128     (1)  Such certificate shall:
129     (a)  Authorize the holder to practice only in a public
130mental health facility or program funded in part or entirely by
131state funds.
132     (b)  Be issued and renewable biennially if the secretary of
133the Department of Health and the chair of the department of
134psychiatry at one of the public medical schools or the chair of
135the department of psychiatry at the accredited medical school at
136the University of Miami recommend in writing that the
137certificate be issued or renewed.
138     (c)  Automatically expire if the holder's relationship with
139a public mental health facility or program expires.
140     (d)  Not be issued to a person who has been adjudged
141unqualified or guilty of any of the prohibited acts in this
142chapter.
143     (2)  The board may take disciplinary action against a
144certificateholder for noncompliance with any part of this
145section or for any reason for which a regular licensee may be
146subject to discipline.
147     Section 7.  Paragraph (a) of subsection (1) of section
148458.317, Florida Statutes, is amended to read:
149     458.317  Limited licenses.--
150     (1)(a)  Any person desiring to obtain a limited license
151shall:
152     1.  Submit to the board, with an application and fee not to
153exceed $300, an affidavit stating that he or she has been
154licensed to practice medicine in any jurisdiction in the United
155States for at least 10 years and intends to practice only
156pursuant to the restrictions of a limited license granted
157pursuant to this section. However, a physician who is not fully
158retired in all jurisdictions may use a limited license only for
159noncompensated practice. If the person applying for a limited
160license submits a notarized statement from the employing agency
161or institution stating that he or she will not receive
162compensation for any service involving the practice of medicine,
163the application fee and all licensure fees shall be waived.
164However, any person who receives a waiver of fees for a limited
165license shall pay such fees if the person receives compensation
166for 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
1691946, the board or its appropriate committee may accept military
170medical training or medical experience as a substitute for the
171approved 1-year residency requirement in s. 458.311(1)(f).
172
173Nothing herein limits in any way any policy by the board,
174otherwise authorized by law, to grant licenses to physicians
175duly licensed in other states under conditions less restrictive
176than the requirements of this section. Notwithstanding the other
177provisions of this section, the board may refuse to authorize a
178physician otherwise qualified to practice in the employ of any
179agency or institution otherwise qualified if the agency or
180institution has caused or permitted violations of the provisions
181of this chapter which it knew or should have known were
182occurring.
183     Section 8.  Subsection (2) of section 458.331, Florida
184Statutes, is amended, and subsection (11) is added to said
185section, to read:
186     458.331  Grounds for disciplinary action; action by the
187board and department.--
188     (2)  The board may enter an order denying licensure or
189imposing any of the penalties in s. 456.072(2) against any
190applicant for licensure or licensee who is found guilty of
191violating any provision of subsection (1) of this section or who
192is found guilty of violating any provision of s. 456.072(1). A
193probable cause panel considering disciplinary action against a
194physician assistant pursuant to s. 456.073 shall include a
195licensed physician assistant designated by the Council on
196Physician Assistants, unless a physician assistant is not
197available. In determining what action is appropriate, the board
198must first consider what sanctions are necessary to protect the
199public or to compensate the patient. Only after those sanctions
200have been imposed may the disciplining authority consider and
201include in the order requirements designed to rehabilitate the
202physician. All costs associated with compliance with orders
203issued under this subsection are the obligation of the
204physician.
205     (11)  Notwithstanding any law to the contrary, a
206practitioner licensed under this chapter has a defense to an
207alleged violation, by the preponderance of the evidence, that
208the practitioner relied in good faith on the representations
209made to the practitioner by a drug manufacturer or its
210representatives and that the practitioner had no intent to
211violate the law.
212     Section 9.  Paragraph (b) of subsection (7) of section
213458.347, Florida Statutes, is amended to read:
214     458.347  Physician assistants.--
215     (7)  PHYSICIAN ASSISTANT LICENSURE.--
216     (b)1.  Notwithstanding subparagraph (a)2. and
217sub-subparagraph (a)3.a., the department shall examine each
218applicant who the Board of Medicine certifies:
219     a.  Has completed the application form and remitted a
220nonrefundable application fee not to exceed $500 and an
221examination fee not to exceed $300, plus the actual cost to the
222department to provide the examination. The examination fee is
223refundable if the applicant is found to be ineligible to take
224the examination. The department shall not require the applicant
225to pass a separate practical component of the examination. For
226examinations given after July 1, 1998, competencies measured
227through practical examinations shall be incorporated into the
228written examination through a multiple-choice format. The
229department shall translate the examination into the native
230language of any applicant who requests and agrees to pay all
231costs of such translation, provided that the translation request
232is filed with the board office no later than 9 months before the
233scheduled examination and the applicant remits translation fees
234as specified by the department no later than 6 months before the
235scheduled examination, and provided that the applicant
236demonstrates to the department the ability to communicate orally
237in basic English. If the applicant is unable to pay translation
238costs, the applicant may take the next available examination in
239English if the applicant submits a request in writing by the
240application deadline and if the applicant is otherwise eligible
241under this section. To demonstrate the ability to communicate
242orally in basic English, a passing score or grade is required,
243as determined by the department or organization that developed
244it, on the test for spoken English (TSE) by the Educational
245Testing Service (ETS), the test of English as a foreign language
246(TOEFL) by ETS, a high school or college level English course,
247or the English examination for citizenship, Bureau of
248Citizenship and Immigration Services. A notarized copy of an
249Educational Commission for Foreign Medical Graduates (ECFMG)
250certificate may also be used to demonstrate the ability to
251communicate in basic English; and
252     b.(I)  Is an unlicensed physician who graduated from a
253foreign medical school listed with the World Health Organization
254who has not previously taken and failed the examination of the
255National Commission on Certification of Physician Assistants and
256who has been certified by the Board of Medicine as having met
257the requirements for licensure as a medical doctor by
258examination 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
260have completed an approved residency of at least 1 year and the
261applicant is not required to have passed the licensing
262examination specified under s. 458.311 or hold a valid, active
263certificate issued by the Educational Commission for Foreign
264Medical Graduates; was eligible and made initial application for
265certification as a physician assistant in this state between
266July 1, 1990, and June 30, 1991; and was a resident of this
267state on July 1, 1990, or was licensed or certified in any state
268in the United States as a physician assistant on July 1, 1990;
269or
270     (II)  Completed all coursework requirements of the Master
271of Medical Science Physician Assistant Program offered through
272the Florida College of Physician's Assistants prior to its
273closure in August of 1996. Prior to taking the examination, such
274applicant must successfully complete any clinical rotations that
275were not completed under such program prior to its termination
276and any additional clinical rotations with an appropriate
277physician assistant preceptor, not to exceed 6 months, that are
278determined necessary by the council. The boards shall determine,
279based on recommendations from the council, the facilities under
280which such incomplete or additional clinical rotations may be
281completed and shall also determine what constitutes successful
282completion thereof, provided such requirements are comparable to
283those established by accredited physician assistant programs.
284This sub-sub-subparagraph is repealed July 1, 2001.
285     2.  The department may grant temporary licensure to an
286applicant who meets the requirements of subparagraph 1. Between
287meetings of the council, the department may grant temporary
288licensure to practice based on the completion of all temporary
289licensure requirements. All such administratively issued
290licenses shall be reviewed and acted on at the next regular
291meeting of the council. A temporary license expires 30 days
292after receipt and notice of scores to the licenseholder from the
293first available examination specified in subparagraph 1.
294following licensure by the department. An applicant who fails
295the proficiency examination is no longer temporarily licensed,
296but may apply for a one-time extension of temporary licensure
297after reapplying for the next available examination. Extended
298licensure shall expire upon failure of the licenseholder to sit
299for the next available examination or upon receipt and notice of
300scores to the licenseholder from such examination.
301     3.  Notwithstanding any other provision of law, the
302examination specified pursuant to subparagraph 1. shall be
303administered by the department only five times. Applicants
304certified by the board for examination shall receive at least 6
305months' notice of eligibility prior to the administration of the
306initial examination. Subsequent examinations shall be
307administered at 1-year intervals following the reporting of the
308scores of the first and subsequent examinations. For the
309purposes of this paragraph, the department may develop, contract
310for the development of, purchase, or approve an examination that
311adequately measures an applicant's ability to practice with
312reasonable skill and safety. The minimum passing score on the
313examination shall be established by the department, with the
314advice of the board. Those applicants failing to pass that
315examination or any subsequent examination shall receive notice
316of the administration of the next examination with the notice of
317scores following such examination. Any applicant who passes the
318examination and meets the requirements of this section shall be
319licensed as a physician assistant with all rights defined
320thereby.
321     Section 10.  Subsection (2) of section 459.015, Florida
322Statutes, is amended to read:
323     459.015  Grounds for disciplinary action; action by the
324board and department.--
325     (2)  The board may enter an order denying licensure or
326imposing any of the penalties in s. 456.072(2) against any
327applicant for licensure or licensee who is found guilty of
328violating any provision of subsection (1) of this section or who
329is found guilty of violating any provision of s. 456.072(1). A
330probable cause panel considering disciplinary action against a
331physician assistant pursuant to s. 456.073 shall include a
332licensed physician assistant designated by the Council on
333Physician Assistants, unless a physician assistant is not
334available. In determining what action is appropriate, the board
335must first consider what sanctions are necessary to protect the
336public or to compensate the patient. Only after those sanctions
337have been imposed may the disciplining authority consider and
338include in the order requirements designed to rehabilitate the
339physician. All costs associated with compliance with orders
340issued under this subsection are the obligation of the
341physician.
342     Section 11.  This act shall take effect upon becoming a
343law.
344
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
348An act relating to the practice of medicine; amending s.
349458.307, F.S.; revising membership requirements of the
350Board of Medicine; providing for the appointment of
351additional members; providing applicability to current
352members; providing the beginning date for the terms of the
353additional members; providing for continuing conditions of
354membership and replacement of unqualified members;
355amending s. 458.311, F.S.; providing an option for
356applicants for physician licensure to complete an
357externship; authorizing the Department of Health to
358develop procedures relating to completion of the
359externship; requiring board approval of externships;
360authorizing the board to adopt rules to implement
361externship requirements, including fees to cover costs;
362revising the requirement of the department to impose
363conditions, limitations, or restrictions on a license;
364amending ss. 458.313, 458.316, 458.3165, 458.317, and
365458.347, F.S.; correcting cross references; amending s.
366458.331, F.S.; providing a requirement for a probable
367cause panel considering disciplinary action against a
368physician assistant; providing an exception; providing
369practitioners a defense to alleged violations; amending s.
370459.015, F.S.; providing a requirement for a probable
371cause panel considering disciplinary action against a
372physician assistant; providing an exception; providing an
373effective date.


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