Florida Senate - 2017 SB 1354 By Senator Young 18-00951-17 20171354__ 1 A bill to be entitled 2 An act relating to maintenance of certification; 3 creating ss. 458.3113 and 459.0056, F.S.; providing 4 definitions; providing legislative intent; prohibiting 5 the Boards of Medicine and Osteopathic Medicine, 6 respectively, and the Department of Health, health 7 care facilities, and insurers from requiring certain 8 certifications as conditions of licensure, 9 reimbursement, employment, or admitting privileges; 10 providing construction; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Section 458.3113, Florida Statutes, is created 15 to read: 16 458.3113 Conditions of licensure, reimbursement, 17 employment, or admitting privileges.— 18 (1) For purposes of this section, the term: 19 (a) “Maintenance of certification” means a periodic testing 20 regimen, proprietary self-assessment requirement, peer 21 evaluation, or other requirement imposed by a recognizing agency 22 approved by the board pursuant to rule 64B8-11.001, Florida 23 Administrative Code. 24 (b) “Recertification” means a subsequent recognition or 25 certification of educational or scholarly achievement beyond 26 initial board certification in a subspecialty by a recognizing 27 agency approved by the board pursuant to rule 64B8-11.001, 28 Florida Administrative Code. 29 (2) It is the intent of the Legislature to further improve 30 the efficiency of the health care market and eliminate 31 unnecessary administrative and regulatory requirements. 32 (3) Notwithstanding any other provision of law, the board, 33 the department, a health care facility licensed under chapter 34 395, or an insurer as defined in s. 624.03 may not require 35 maintenance of certification or recertification as a condition 36 of licensure, reimbursement, employment, or admitting privileges 37 for a physician who practices medicine and has achieved initial 38 board certification in a subspecialty pursuant to this chapter. 39 (4) This section may not be construed to prohibit the board 40 from requiring continuing medical education pursuant to rule 41 64B8-13.001, Florida Administrative Code. 42 Section 2. Section 459.0056, Florida Statutes, is created 43 to read: 44 459.0056 Conditions of licensure, reimbursement, 45 employment, or admitting privileges.— 46 (1) For purposes of this section, the term: 47 (a) “Maintenance of certification” means a periodic testing 48 regimen, proprietary self-assessment requirement, peer 49 evaluation, or other requirement imposed by a recognizing agency 50 approved by the board pursuant to rule 64B15-14.001, Florida 51 Administrative Code. 52 (b) “Recertification” means a subsequent recognition or 53 certification of educational or scholarly achievement beyond 54 initial board certification in a subspecialty by a recognizing 55 agency approved by the board pursuant to rule 64B15-14.001, 56 Florida Administrative Code. 57 (2) It is the intent of the Legislature to further improve 58 the efficiency of the health care market and eliminate 59 unnecessary administrative and regulatory requirements. 60 (3) Notwithstanding any other provision of law, the board, 61 the department, a health care facility licensed under chapter 62 395, or an insurer as defined in s. 624.03 may not require 63 maintenance of certification or recertification as a condition 64 of licensure, reimbursement, employment, or admitting privileges 65 for an osteopathic physician who practices medicine and has 66 achieved initial board certification in a subspecialty pursuant 67 to this chapter. 68 (4) This section may not be construed to prohibit the board 69 from requiring continuing medical education pursuant to rule 70 64B15-13.001, Florida Administrative Code. 71 Section 3. This act shall take effect July 1, 2017.