Senate Bill sb1180c1
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Florida Senate - 2005 CS for SB 1180
By the Committee on Health Care; and Senator Campbell
587-2300-05
1 A bill to be entitled
2 An act relating to the Board of Medicine;
3 amending s. 458.307, F.S.; revising membership
4 requirements; providing for expiration of terms
5 of current members, appointment of new members
6 to staggered terms, and appointment and terms
7 of successors; amending s. 458.311, F.S.;
8 providing for an externship; amending ss.
9 458.331 and 459.015, F.S.; providing for
10 membership on certain probable cause panels;
11 providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsections (2) and (3) of section 458.307,
16 Florida Statutes, are amended to read:
17 458.307 Board of Medicine.--
18 (2) Ten Twelve members of the board must be licensed
19 physicians in good standing in this state who are residents of
20 the state and who have been engaged in the active practice or
21 teaching of medicine in this state with a full and
22 unrestricted medical license for at least 5 4 years
23 immediately preceding their appointment. One of the physicians
24 must be on the full-time faculty of a medical school in this
25 state, and one of the physicians must be in private practice
26 and on the full-time staff of a statutory teaching hospital in
27 this state as defined in s. 408.07. At least one of the
28 physicians must be a graduate of a foreign medical school.
29 Four consumer members The remaining three members must be
30 residents of the state who have lived in the state for at
31 least 5 years immediately preceding their appointments, have
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Florida Senate - 2005 CS for SB 1180
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1 never been licensed as a health care practitioner under
2 chapter 456 or the applicable practice act, and do not have a
3 substantial personal, business, professional, or pecuniary
4 connection with a licensed health care practitioner or with a
5 medical education or health care facility, except as patients
6 or potential patients are not, and never have been, licensed
7 health care practitioners. The final One member must be the
8 chief operations officer of a hospital a health care risk
9 manager licensed under chapter 395 who has lived in the state
10 and held this position for at least 5 years immediately
11 preceding his or her appointment s. 395.10974. At least one
12 member of the board must be 60 years of age or older.
13 (3) Terms for current members of the board shall
14 expire on October 31, 2005. Initial appointments to the board
15 pursuant to this act shall take effect November 1, 2005. Five
16 of the initial physician appointments shall be for a term of 2
17 years; five of the initial physician appointments shall be for
18 a term of 3 years; and the remaining initial appointments
19 shall be for a term of 4 years. As the terms of the members
20 expire subsequent to November 1, 2005, the Governor shall
21 appoint successors for terms of 4 years, and such members
22 shall serve until their successors are appointed.
23 Section 2. Present subsections (2) through (8) of
24 section 458.311, Florida Statutes, are redesignated as
25 subsections (3) through (9), respectively, present subsection
26 (7) of that section is amended, and a new subsection (2) is
27 added to that section, to read:
28 458.311 Licensure by examination; requirements;
29 fees.--
30 (2) Notwithstanding sub-subparagraphs (1)(f)1.c.,
31 2.c., and 3.c. and paragraph (3)(d), except for passing part
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Florida Senate - 2005 CS for SB 1180
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1 II of the National Board of Medical Examiners examination or
2 the Educational Commission for Foreign Medical Graduates
3 examination equivalent as referred to in paragraph (3)(d), the
4 board may develop procedures for an applicant for licensure as
5 a physician pursuant to this chapter to meet postgraduate
6 training requirements by completing a 2-year externship at a
7 nonstatutory teaching hospital licensed in this state. The
8 training provided in the externship must be substantially
9 similar, as defined by board rule, to the training provided in
10 an approved residency as described in sub-subparagraphs
11 (1)(f)1.c., 2.c., or 3.c. In order for the externship to meet
12 the requirements of this section, it must be approved by the
13 board before the applicant enters into the externship. The
14 applicant may not be licensed under this section unless the
15 board finds that the applicant has successfully completed the
16 externship. The board may adopt rules to administer this
17 section, including the implementation of fees to cover costs.
18 Section 3. Subsection (2) of section 458.331, Florida
19 Statutes, is amended to read:
20 458.331 Grounds for disciplinary action; action by the
21 board and department.--
22 (2) The board may enter an order denying licensure or
23 imposing any of the penalties in s. 456.072(2) against any
24 applicant for licensure or licensee who is found guilty of
25 violating any provision of subsection (1) of this section or
26 who is found guilty of violating any provision of s.
27 456.072(1). A probable cause panel considering disciplinary
28 action against a physician assistant pursuant to s. 456.073
29 shall include a licensed physician assistant designated by the
30 Council on Physician Assistants. In determining what action is
31 appropriate, the board must first consider what sanctions are
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Florida Senate - 2005 CS for SB 1180
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1 necessary to protect the public or to compensate the patient.
2 Only after those sanctions have been imposed may the
3 disciplining authority consider and include in the order
4 requirements designed to rehabilitate the physician. All costs
5 associated with compliance with orders issued under this
6 subsection are the obligation of the physician.
7 Section 4. Subsection (2) of section 459.015, Florida
8 Statutes, is amended to read:
9 459.015 Grounds for disciplinary action; action by the
10 board and department.--
11 (2) The board may enter an order denying licensure or
12 imposing any of the penalties in s. 456.072(2) against any
13 applicant for licensure or licensee who is found guilty of
14 violating any provision of subsection (1) of this section or
15 who is found guilty of violating any provision of s.
16 456.072(1). A probable cause panel considering disciplinary
17 action against a physician assistant pursuant to s. 456.073
18 shall include a licensed physician assistant designated by the
19 Council on Physician Assistants. In determining what action is
20 appropriate, the board must first consider what sanctions are
21 necessary to protect the public or to compensate the patient.
22 Only after those sanctions have been imposed may the
23 disciplining authority consider and include in the order
24 requirements designed to rehabilitate the physician. All
25 costs associated with compliance with orders issued under this
26 subsection are the obligation of the physician.
27 Section 5. This act shall take effect upon becoming a
28 law.
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Florida Senate - 2005 CS for SB 1180
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1180
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4 The Committee Substitute for Senate Bill 1180 allows a medical
physician licensure applicant to enroll in a 2-year externship
5 in a licensed non-teaching hospital approved by the Board of
Medicine in lieu of completing the required 1-year residency
6 for licensure and the academic year of supervised clinical
training for foreign medical graduates. The bill requires
7 probable cause panels considering discipline against a
physician assistant to include a physician assistant
8 designated by the Council of Physician Assistants.
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