Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1354
       
       
       
       
       
       
                                Ì148648RÎ148648                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                
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       The Committee on Health Policy (Young) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 456.0291, Florida Statutes, is created
    6  to read:
    7         456.0291Recognizing agency certificate.—
    8         (1) The department shall issue a certificate authorizing a
    9  recognizing agency to grant physicians licensed under chapters
   10  458 and 459 formal recognition as specialists in a particular
   11  area within the practice of medicine, if the recognizing agency
   12  submits a complete registration application containing the
   13  recognizing agency’s legal name, mailing address, telephone
   14  number, and business location; the particular area within the
   15  practice of medicine in which the agency will recognize a
   16  physician as a specialist; the requirements the agency will
   17  impose for a physician to be eligible to receive formal
   18  recognition as a specialist; and the amount of any fee charged
   19  to a physician to apply for, receive, and maintain formal
   20  recognition as a specialist from the agency.
   21         (2) The department shall approve an application for a
   22  recognizing agency certificate within 60 business days after
   23  receipt of the completed application if the recognizing agency
   24  meets all of the following requirements:
   25         (a) It is an independent body that certifies members as
   26  having advanced qualifications in a particular allopathic or
   27  osteopathic medical specialty through peer-reviewed
   28  demonstrations of competence in the specialty being recognized.
   29         (b) It requires successful completion of a comprehensive
   30  examination administered by the recognizing agency pursuant to
   31  written procedures that ensure adequate security and appropriate
   32  grading standards.
   33         (c) It has been determined by the Internal Revenue Service
   34  of the United States to be a legitimate nonprofit entity
   35  pursuant to s. 501(c)(3) of the Internal Revenue Code.
   36         (d) It has full-time administrative staff housed in
   37  dedicated office space that is appropriate for the agency’s
   38  program and sufficient for responding to consumer or regulatory
   39  inquiries.
   40         (e) It has written by-laws, a code of ethics to guide the
   41  practice of its members, and an internal review and control
   42  process, including budgetary practices, to ensure effective use
   43  of resources.
   44         (f) It does not mandate that physicians who receive initial
   45  certification from the recognizing agency undergo a maintenance
   46  of certification process that involves a periodic testing
   47  regimen, proprietary self-assessment, or peer evaluation in
   48  order to retain certification, other than the continuing medical
   49  education hours required for recertification under paragraph
   50  (h).
   51         (g) It does not charge more than $500 every 2 years for
   52  recertification.
   53         (h) It requires only a specified number of continuing
   54  medical education hours for recertification.
   55         (3) The Board of Medicine and the Board of Osteopathic
   56  Medicine may adopt rules to implement this section. These rules
   57  may impose additional requirements on applicants for a
   58  recognizing agency certificate.
   59         Section 2. Section 458.3312, Florida Statutes, is amended
   60  to read:
   61         458.3312 Specialties.—A physician licensed under this
   62  chapter may not hold himself or herself out as a board-certified
   63  specialist unless the physician has received formal recognition
   64  as a specialist from a specialty board of the American Board of
   65  Medical Specialties or other recognizing agency that has
   66  received a certificate issued been approved by the department in
   67  accordance with s. 456.0291 board. However, a physician may
   68  indicate the services offered and may state that his or her
   69  practice is limited to one or more types of services when this
   70  accurately reflects the scope of practice of the physician. A
   71  physician may not hold himself or herself out as a board
   72  certified specialist in dermatology unless the recognizing
   73  agency, whether authorized in statute or by rule, is triennially
   74  reviewed and reauthorized by the Board of Medicine.
   75         Section 3. Section 459.0152, Florida Statutes, is amended
   76  to read:
   77         459.0152 Specialties.—An osteopathic physician licensed
   78  under this chapter may not hold himself or herself out as a
   79  board-certified specialist unless he or she the osteopathic
   80  physician has successfully completed the requirements for
   81  certification by the American Osteopathic Association or the
   82  Accreditation Council on Graduate Medical Education and is
   83  certified as a specialist by a recognizing certifying agency
   84  that has received a certificate issued approved by the
   85  department in accordance with s. 456.0291 board. However, an
   86  osteopathic physician may indicate the services offered and may
   87  state that his or her practice is limited to one or more types
   88  of services when this accurately reflects the scope of practice
   89  of the osteopathic physician.
   90         Section 4. This act shall take effect July 1, 2018.
   91  
   92  ================= T I T L E  A M E N D M E N T ================
   93  And the title is amended as follows:
   94         Delete everything before the enacting clause
   95  and insert:
   96                        A bill to be entitled                      
   97         An act relating to medical specialties; creating s.
   98         456.0291, F.S.; requiring the Department of Health to
   99         issue a certificate authorizing recognizing agencies
  100         to grant certain licensed physicians formal
  101         recognition as specialists in a particular area if the
  102         recognizing agency submits a completed application to
  103         the department and meets specified requirements;
  104         authorizing the Board of Medicine and the Board of
  105         Osteopathic Medicine to adopt rules to implement the
  106         certificate process; amending ss. 458.3312 and
  107         459.0152, F.S.; providing that a physician may not
  108         hold himself or herself out as a board-certified
  109         specialist unless the physician has received formal
  110         recognition as a specialist from a recognizing agency
  111         that has received a certificate issued by the
  112         department; providing an effective date.