Senate Bill sb0650
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Florida Senate - 2007 SB 650
By Senator Fasano
11-376-07
1 A bill to be entitled
2 An act relating to osteopathic physicians;
3 amending s. 459.0055, F.S.; revising the
4 requirements for licensure or certification as
5 an osteopathic physician in this state;
6 amending s. 459.021, F.S.; requiring a renewal
7 fee for registering as a resident osteopathic
8 physician; requiring consideration of intent in
9 order to classify certain actions within the
10 practice of osteopathic medicine as
11 misdemeanors; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 459.0055, Florida Statutes, is
16 amended to read:
17 459.0055 General licensure requirements.--
18 (1) Except as otherwise provided herein, any person
19 desiring to be licensed or certified as an osteopathic
20 physician pursuant to this chapter shall:
21 (a) Complete an application form and submit the
22 appropriate fee to the department;
23 (b) Be at least 21 years of age;
24 (c) Be of good moral character;
25 (d) Have completed at least 3 years of preprofessional
26 postsecondary education;
27 (e) Have not previously committed any act that which
28 would constitute a violation of this chapter, unless the board
29 determines that such act does not adversely affect the
30 applicant's present ability and fitness to practice
31 osteopathic medicine;
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1 (f) Not be under investigation in any jurisdiction for
2 an act that which would constitute a violation of this
3 chapter. If, upon completion of such investigation, it is
4 determined that the applicant has committed an act that which
5 would constitute a violation of this chapter, the applicant is
6 shall be ineligible for licensure unless the board determines
7 that such act does not adversely affect the applicant's
8 present ability and fitness to practice osteopathic medicine;
9 (g) Have not had an application for a license to
10 practice osteopathic medicine denied or a license to practice
11 osteopathic medicine revoked, suspended, or otherwise acted
12 against by the licensing authority of any jurisdiction unless
13 the board determines that the grounds on which such action was
14 taken do not adversely affect the applicant's present ability
15 and fitness to practice osteopathic medicine. A licensing
16 authority's acceptance of a physician's relinquishment of
17 license, stipulation, consent order, or other settlement,
18 offered in response to or in anticipation of the filing of
19 administrative charges against the osteopathic physician,
20 shall be considered action against the osteopathic physician's
21 license;
22 (h) Not have received less than a satisfactory
23 evaluation from an internship, residency, or fellowship
24 training program, unless the board determines that such act
25 does not adversely affect the applicant's present ability and
26 fitness to practice osteopathic medicine. Such evaluation
27 shall be provided by the director of medical education from
28 the medical training facility.
29 1. There is no monetary liability on the part of, and
30 a cause of action for damages does not arise against any
31 director of medical education or the board for any act or
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1 proceeding undertaken or performed within the scope of the
2 functions of the director of medical education if the director
3 of medical education acts without intentional fraud.
4 2. This paragraph does not affect the official
5 immunity of an officer or employee of a public corporation.
6 3. Except as provided in subparagraph 2., this
7 paragraph does not confer immunity from liability on any
8 professional society or hospital or upon any health
9 professional while performing services other than as a
10 director of medical education for any act or proceeding
11 undertaken or performed outside the scope of the functions of
12 such position.
13 (i)(h) Have met the criteria set forth in s. 459.006,
14 s. 459.007, s. 459.0075, s. 459.0077, or s. 459.021, whichever
15 is applicable;
16 (j)(i) Submit to the department a set of fingerprints
17 on a form and under procedures specified by the department,
18 along with a payment in an amount equal to the costs incurred
19 by the Department of Health for the criminal background check
20 of the applicant;.
21 (k) Demonstrate that he or she is a graduate of a
22 medical college recognized and approved by the American
23 Osteopathic Association;
24 (l) Demonstrate that she or he has successfully
25 completed a resident internship of not less than 12 months in
26 a hospital approved for this purpose by the Board of Trustees
27 of the American Osteopathic Association or any other
28 internship program approved by the board upon a showing of
29 good cause by the applicant. This requirement may be waived
30 for an applicant who matriculated in a college of osteopathic
31 medicine during or before 1948; and
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1 (m) Demonstrate that she or he has obtained a passing
2 score, as established by rule of the board, on all parts of
3 the examination conducted by the National Board of Osteopathic
4 Medical Examiners or other examination approved by the board
5 no more than 5 years before making application.
6 (2) For an applicant holding a valid active license in
7 another state, he or she shall submit evidence of the active
8 licensed practice of medicine in another jurisdiction in which
9 initial licensure must have occurred no more than 5 years
10 after the applicant obtained a passing score on the
11 examination conducted by the National Board of Medical
12 Examiners or other substantially similar examination approved
13 by the board; however, such practice of osteopathic medicine
14 may have been interrupted for a period totaling no more than 2
15 years or for a longer period if the board determines that the
16 interruption of the osteopathic physician's practice of
17 osteopathic medicine for such longer period has not adversely
18 affected the osteopathic physician's present ability and
19 fitness to practice osteopathic medicine.
20 (3) The department and the board shall ensure through
21 an investigative process that an applicant for licensure meets
22 the criteria in this section.
23 (4)(2) The board may require a personal appearance of
24 any applicant for licensure or certification under the
25 provisions of this chapter. Any applicant of whom a personal
26 appearance is required must be given adequate notice of the
27 appearance as to time and place of the appearance, as well as
28 a statement of the purpose for the appearance and the reasons
29 requiring such appearance.
30 (5)(3) If an applicant has committed an act that which
31 would constitute a violation of this chapter or has had an
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1 application for a license to practice osteopathic medicine
2 revoked, suspended, or otherwise acted against by the
3 licensing authority of any jurisdiction, notwithstanding the
4 board's determination that the applicant's present ability and
5 fitness to practice osteopathic medicine have not been
6 adversely affected, the board may certify the application to
7 the department with restrictions.
8 (6)(4) The department and the board shall assure that
9 applicants for licensure meet applicable criteria in this
10 chapter through an investigative process. When the
11 investigative process is not completed within the time set out
12 in s. 120.60(1) and the department or board has reason to
13 believe that the applicant does not meet the criteria, the
14 secretary or the secretary's designee may issue a 90-day
15 licensure delay which shall be in writing and sufficient to
16 notify the applicant of the reason for the delay. The
17 provisions of this subsection shall control over any
18 conflicting provisions of s. 120.60(1).
19 Section 2. Subsections (1), (2), and (5) of section
20 459.021, Florida Statutes, are amended to read:
21 459.021 Registration of resident physicians, interns,
22 and fellows; list of hospital employees; penalty.--
23 (1) Any person who holds a degree of Doctor of
24 Osteopathic Medicine from a college of osteopathic medicine
25 recognized and approved by the American Osteopathic
26 Association who desires to practice as a resident physician,
27 assistant resident physician, house physician, intern, or
28 fellow in fellowship training which leads to subspecialty
29 board certification in this state, or any person desiring to
30 practice as a resident physician, assistant resident
31 physician, house physician, intern, or fellow in fellowship
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1 training in a teaching hospital in this state as defined in s.
2 408.07(45) or s. 395.805(2), who does not hold an active
3 license issued under this chapter shall apply to the
4 department to be registered, on an application provided by the
5 department, no later than within 30 days before of commencing
6 such a training program and shall remit a fee not to exceed
7 $300 as set by the board.
8 (2) Any person required to be registered under this
9 section shall renew such registration annually and shall remit
10 a renewal fee not to exceed $300 as set by the board. Such
11 registration shall be terminated upon the registrant's receipt
12 of an active license issued under this chapter. A No person
13 may not shall be registered under this section for an
14 aggregate of more than 5 years, unless additional years are
15 approved by the board.
16 (5) It is a misdemeanor of the second degree,
17 punishable as provided in s. 775.082 or s. 775.083, for any
18 hospital or teaching hospital, and also for the
19 superintendent, administrator, and other person or persons
20 having administrative authority in such hospital to willfully:
21 (a) To Employ the services in such hospital of any
22 person listed in subsection (3), unless such person is
23 registered with the department under the law or the holder of
24 a license to practice osteopathic medicine under this chapter.
25 (b) To Fail to furnish to the department the list and
26 information required by subsection (3).
27 Section 3. This act shall take effect July 1, 2007.
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2 SENATE SUMMARY
3 Revises the requirements for licensure or certification
as an osteopathic physician in this state. Requires a
4 renewal fee for registering as a resident osteopathic
physician. Requires consideration of intent in order to
5 classify certain actions within the practice of
osteopathic medicine as misdemeanors.
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