Senate Bill sb0180

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    Florida Senate - 2006        (Corrected Copy)           SB 180

    By Senator Saunders





    37-226-06

  1                      A bill to be entitled

  2         An act relating to physician licensure;

  3         amending s. 458.311, F.S.; providing an option

  4         for applicants for physician licensure to

  5         complete an externship; authorizing the

  6         Department of Health to develop procedures

  7         relating to completion of the externship;

  8         requiring board approval of externships;

  9         authorizing the board to adopt rules to

10         implement externship requirements, including

11         fees to cover costs; revising the requirement

12         of the department to impose conditions,

13         limitations, or restrictions on a license;

14         amending ss. 458.313, 458.316, 458.3165,

15         458.317, and 458.347, F.S.; conforming

16         cross-references; providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Present subsections (2) through (8) of

21  section 458.311, Florida Statutes, are redesignated as

22  subsections (3) through (9), respectively, present subsections

23  (5) and (7) of that section are amended, and a new subsection

24  (2) is added to that section, to read:

25         458.311  Licensure by examination; requirements;

26  fees.--

27         (2)  Notwithstanding sub-subparagraphs (1)(f)1.c.,

28  (1)(f)2.c., and (1)(f)3.c. and paragraph (3)(d), except for

29  passing part II of the National Board of Medical Examiners

30  examination or the Educational Commission for Foreign Medical

31  Graduates examination equivalent as referred to in paragraph

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 1  (3)(d), the department may develop procedures for an applicant

 2  for licensure as a physician pursuant to this chapter to meet

 3  postgraduate training requirements by completion of a 2-year

 4  externship at a nonstatutory teaching hospital licensed in

 5  this state. The training provided in the externship shall be

 6  substantially similar, as defined by board rule, to the

 7  training provided in an approved residency as provided in

 8  sub-subparagraph (1)(f)1.c., sub-subparagraph (1)(f)2.c., or

 9  sub-subparagraph (1)(f)3.c. In order for the externship to

10  meet the requirements of this subsection, it must be approved

11  by the board before the applicant enters into the externship.

12  The applicant may not be licensed pursuant to this subsection

13  unless the board finds that the applicant has successfully

14  completed the externship. The board may adopt rules to

15  administer this subsection, including rules setting fees,

16  which may not exceed the actual costs of administering this

17  subsection.

18         (6)(5)  The board may not certify to the department for

19  licensure any applicant who is under investigation in another

20  jurisdiction for an offense which would constitute a violation

21  of this chapter until such investigation is completed. Upon

22  completion of the investigation, the provisions of s. 458.331

23  shall apply. Furthermore, the department may not issue an

24  unrestricted license to any individual who has committed any

25  act or offense in any jurisdiction which would constitute the

26  basis for disciplining a physician pursuant to s. 458.331.

27  When the board finds that an individual has committed an act

28  or offense in any jurisdiction which would constitute the

29  basis for disciplining a physician pursuant to s. 458.331,

30  then the board may enter an order imposing one or more of the

31  terms set forth in subsection (9) (8).

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    Florida Senate - 2006        (Corrected Copy)           SB 180
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 1         (8)(7)  Upon certification by the board, the department

 2  shall impose conditions, limitations, or restrictions on a

 3  license if the applicant is on probation in another

 4  jurisdiction for an act which would constitute a violation of

 5  this chapter or if the externship requirement provided in

 6  subsection (2) was complied with at a nonstatutory teaching

 7  hospital.

 8         Section 2.  Subsection (1) of section 458.313, Florida

 9  Statutes, is amended to read:

10         458.313  Licensure by endorsement; requirements;

11  fees.--

12         (1)  The department shall issue a license by

13  endorsement to any applicant who, upon applying to the

14  department on forms furnished by the department and remitting

15  a fee set by the board not to exceed $500, the board

16  certifies:

17         (a)  Has met the qualifications for licensure in s.

18  458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (4)

19  (3);

20         (b)  Prior to January 1, 2000, has obtained a passing

21  score, as established by rule of the board, on the licensure

22  examination of the Federation of State Medical Boards of the

23  United States, Inc. (FLEX), on the United States Medical

24  Licensing Examination (USMLE), or on the examination of the

25  National Board of Medical Examiners, or on a combination

26  thereof, and on or after January 1, 2000, has obtained a

27  passing score on the United States Medical Licensing

28  Examination (USMLE); and

29         (c)  Has submitted evidence of the active licensed

30  practice of medicine in another jurisdiction, for at least 2

31  of the immediately preceding 4 years, or evidence of

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 1  successful completion of either a board-approved postgraduate

 2  training program within 2 years preceding filing of an

 3  application or a board-approved clinical competency

 4  examination within the year preceding the filing of an

 5  application for licensure.  For purposes of this paragraph,

 6  "active licensed practice of medicine" means that practice of

 7  medicine by physicians, including those employed by any

 8  governmental entity in community or public health, as defined

 9  by this chapter, medical directors under s. 641.495(11) who

10  are practicing medicine, and those on the active teaching

11  faculty of an accredited medical school.

12         Section 3.  Subsection (1) of section 458.316, Florida

13  Statutes, is amended to read:

14         458.316  Public health certificate.--

15         (1)  Any person desiring to obtain a public health

16  certificate shall submit an application fee not to exceed $300

17  and shall demonstrate to the board that he or she is a

18  graduate of an accredited medical school and holds a master of

19  public health degree or is board eligible or certified in

20  public health or preventive medicine, or is licensed to

21  practice medicine without restriction in another jurisdiction

22  in the United States and holds a master of public health

23  degree or is board eligible or certified in public health or

24  preventive medicine, and shall meet the requirements in s.

25  458.311(1)(a)-(g) and (6) (5).

26         Section 4.  Section 458.3165, Florida Statutes, is

27  amended to read:

28         458.3165  Public psychiatry certificate.--The board

29  shall issue a public psychiatry certificate to an individual

30  who remits an application fee not to exceed $300, as set by

31  the board, who is a board-certified psychiatrist, who is

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    Florida Senate - 2006        (Corrected Copy)           SB 180
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 1  licensed to practice medicine without restriction in another

 2  state, and who meets the requirements in s. 458.311(1)(a)-(g)

 3  and (6) (5). A recipient of a public psychiatry certificate

 4  may use the certificate to work at any public mental health

 5  facility or program funded in part or entirely by state funds.

 6         (1)  Such certificate shall:

 7         (a)  Authorize the holder to practice only in a public

 8  mental health facility or program funded in part or entirely

 9  by state funds.

10         (b)  Be issued and renewable biennially if the

11  secretary of the Department of Health and the chair of the

12  department of psychiatry at one of the public medical schools

13  or the chair of the department of psychiatry at the accredited

14  medical school at the University of Miami recommend in writing

15  that the certificate be issued or renewed.

16         (c)  Automatically expire if the holder's relationship

17  with a public mental health facility or program expires.

18         (d)  Not be issued to a person who has been adjudged

19  unqualified or guilty of any of the prohibited acts in this

20  chapter.

21         (2)  The board may take disciplinary action against a

22  certificateholder for noncompliance with any part of this

23  section or for any reason for which a regular licensee may be

24  subject to discipline.

25         Section 5.  Paragraph (a) of subsection (1) of section

26  458.317, Florida Statutes, is amended to read:

27         458.317  Limited licenses.--

28         (1)(a)  Any person desiring to obtain a limited license

29  shall:

30         1.  Submit to the board, with an application and fee

31  not to exceed $300, an affidavit stating that he or she has

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 1  been licensed to practice medicine in any jurisdiction in the

 2  United States for at least 10 years and intends to practice

 3  only pursuant to the restrictions of a limited license granted

 4  pursuant to this section.  However, a physician who is not

 5  fully retired in all jurisdictions may use a limited license

 6  only for noncompensated practice. If the person applying for a

 7  limited license submits a notarized statement from the

 8  employing agency or institution stating that he or she will

 9  not receive compensation for any service involving the

10  practice of medicine, the application fee and all licensure

11  fees shall be waived.  However, any person who receives a

12  waiver of fees for a limited license shall pay such fees if

13  the person receives compensation for the practice of medicine.

14         2.  Meet the requirements in s. 458.311(1)(b)-(g) and

15  (6) (5).  If the applicant graduated from medical school prior

16  to 1946, the board or its appropriate committee may accept

17  military medical training or medical experience as a

18  substitute for the approved 1-year residency requirement in s.

19  458.311(1)(f).

20         Section 6.  Paragraph (b) of subsection (7) of section

21  458.347, Florida Statutes, is amended to read:

22         458.347  Physician assistants.--

23         (7)  PHYSICIAN ASSISTANT LICENSURE.--

24         (b)1.  Notwithstanding subparagraph (a)2. and

25  sub-subparagraph (a)3.a., the department shall examine each

26  applicant who the Board of Medicine certifies:

27         a.  Has completed the application form and remitted a

28  nonrefundable application fee not to exceed $500 and an

29  examination fee not to exceed $300, plus the actual cost to

30  the department to provide the examination. The examination fee

31  is refundable if the applicant is found to be ineligible to

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 1  take the examination. The department shall not require the

 2  applicant to pass a separate practical component of the

 3  examination. For examinations given after July 1, 1998,

 4  competencies measured through practical examinations shall be

 5  incorporated into the written examination through a

 6  multiple-choice format. The department shall translate the

 7  examination into the native language of any applicant who

 8  requests and agrees to pay all costs of such translation,

 9  provided that the translation request is filed with the board

10  office no later than 9 months before the scheduled examination

11  and the applicant remits translation fees as specified by the

12  department no later than 6 months before the scheduled

13  examination, and provided that the applicant demonstrates to

14  the department the ability to communicate orally in basic

15  English. If the applicant is unable to pay translation costs,

16  the applicant may take the next available examination in

17  English if the applicant submits a request in writing by the

18  application deadline and if the applicant is otherwise

19  eligible under this section. To demonstrate the ability to

20  communicate orally in basic English, a passing score or grade

21  is required, as determined by the department or organization

22  that developed it, on the test for spoken English (TSE) by the

23  Educational Testing Service (ETS), the test of English as a

24  foreign language (TOEFL) by ETS, a high school or college

25  level English course, or the English examination for

26  citizenship, Bureau of Citizenship and Immigration Services. A

27  notarized copy of an Educational Commission for Foreign

28  Medical Graduates (ECFMG) certificate may also be used to

29  demonstrate the ability to communicate in basic English; and

30         b.(I)  Is an unlicensed physician who graduated from a

31  foreign medical school listed with the World Health

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 1  Organization who has not previously taken and failed the

 2  examination of the National Commission on Certification of

 3  Physician Assistants and who has been certified by the Board

 4  of Medicine as having met the requirements for licensure as a

 5  medical doctor by examination as set forth in s. 458.311(1),

 6  (4) (3), (5) (4), and (6) (5), with the exception that the

 7  applicant is not required to have completed an approved

 8  residency of at least 1 year and the applicant is not required

 9  to have passed the licensing examination specified under s.

10  458.311 or hold a valid, active certificate issued by the

11  Educational Commission for Foreign Medical Graduates; was

12  eligible and made initial application for certification as a

13  physician assistant in this state between July 1, 1990, and

14  June 30, 1991; and was a resident of this state on July 1,

15  1990, or was licensed or certified in any state in the United

16  States as a physician assistant on July 1, 1990; or

17         (II)  Completed all coursework requirements of the

18  Master of Medical Science Physician Assistant Program offered

19  through the Florida College of Physician's Assistants prior to

20  its closure in August of 1996. Prior to taking the

21  examination, such applicant must successfully complete any

22  clinical rotations that were not completed under such program

23  prior to its termination and any additional clinical rotations

24  with an appropriate physician assistant preceptor, not to

25  exceed 6 months, that are determined necessary by the council.

26  The boards shall determine, based on recommendations from the

27  council, the facilities under which such incomplete or

28  additional clinical rotations may be completed and shall also

29  determine what constitutes successful completion thereof,

30  provided such requirements are comparable to those established

31  

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 1  by accredited physician assistant programs. This

 2  sub-sub-subparagraph is repealed July 1, 2001.

 3         2.  The department may grant temporary licensure to an

 4  applicant who meets the requirements of subparagraph 1.

 5  Between meetings of the council, the department may grant

 6  temporary licensure to practice based on the completion of all

 7  temporary licensure requirements. All such administratively

 8  issued licenses shall be reviewed and acted on at the next

 9  regular meeting of the council. A temporary license expires 30

10  days after receipt and notice of scores to the licenseholder

11  from the first available examination specified in subparagraph

12  1. following licensure by the department. An applicant who

13  fails the proficiency examination is no longer temporarily

14  licensed, but may apply for a one-time extension of temporary

15  licensure after reapplying for the next available examination.

16  Extended licensure shall expire upon failure of the

17  licenseholder to sit for the next available examination or

18  upon receipt and notice of scores to the licenseholder from

19  such examination.

20         3.  Notwithstanding any other provision of law, the

21  examination specified pursuant to subparagraph 1. shall be

22  administered by the department only five times. Applicants

23  certified by the board for examination shall receive at least

24  6 months' notice of eligibility prior to the administration of

25  the initial examination. Subsequent examinations shall be

26  administered at 1-year intervals following the reporting of

27  the scores of the first and subsequent examinations. For the

28  purposes of this paragraph, the department may develop,

29  contract for the development of, purchase, or approve an

30  examination that adequately measures an applicant's ability to

31  practice with reasonable skill and safety. The minimum passing

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 1  score on the examination shall be established by the

 2  department, with the advice of the board. Those applicants

 3  failing to pass that examination or any subsequent examination

 4  shall receive notice of the administration of the next

 5  examination with the notice of scores following such

 6  examination. Any applicant who passes the examination and

 7  meets the requirements of this section shall be licensed as a

 8  physician assistant with all rights defined thereby.

 9         Section 7.  This act shall take effect upon becoming a

10  law.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Authorizes the Department of Health to allow an applicant
      for licensure as a physician to meet postgraduate
15    training requirements by completing a 2-year externship
      at a nonstatutory teaching hospital.
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