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