Florida Senate - 2017                             CS for SB 1354
       
       
        
       By the Committee on Health Policy; and Senators Young and
       Mayfield
       
       
       
       
       588-03389A-17                                         20171354c1
    1                        A bill to be entitled                      
    2         An act relating to medical specialties; creating s.
    3         456.0291, F.S.; requiring the Department of Health to
    4         issue a certificate authorizing recognizing agencies
    5         to grant certain licensed physicians formal
    6         recognition as specialists in a particular area if the
    7         recognizing agency submits a completed application to
    8         the department and meets specified requirements;
    9         authorizing the Board of Medicine and the Board of
   10         Osteopathic Medicine to adopt rules to implement the
   11         certificate process; providing that a physician who
   12         meets certain criteria may advertise himself or
   13         herself as a board-certified specialist; amending ss.
   14         458.3312 and 459.0152, F.S.; providing that a
   15         physician may not hold himself or herself out as a
   16         board-certified specialist unless the physician has
   17         received formal recognition as a specialist from
   18         specified entities or a recognizing agency that has
   19         received a certificate issued by the department;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 456.0291, Florida Statutes, is created
   25  to read:
   26         456.0291Recognizing agency certificate.—
   27         (1) The department shall issue a certificate authorizing a
   28  recognizing agency to grant physicians licensed under chapters
   29  458 and 459 formal recognition as specialists in a particular
   30  area within the practice of medicine, if the recognizing agency
   31  submits a complete registration application containing the
   32  recognizing agency’s legal name, mailing address, telephone
   33  number, and business location; the particular area within the
   34  practice of medicine in which the agency will recognize a
   35  physician as a specialist; the requirements the agency will
   36  impose for a physician to be eligible to receive formal
   37  recognition as a specialist; and the amount of any fee charged
   38  to a physician to apply for, receive, and maintain formal
   39  recognition as a specialist from the agency.
   40         (2) The department shall approve an application for a
   41  recognizing agency certificate within 60 business days after
   42  receipt of the completed application if the recognizing agency
   43  meets all of the following requirements:
   44         (a) It is an independent body that certifies members as
   45  having advanced qualifications in a particular allopathic or
   46  osteopathic medical specialty through peer-reviewed
   47  demonstrations of competence in the specialty being recognized.
   48         (b) It requires successful completion of a comprehensive
   49  examination administered by the recognizing agency pursuant to
   50  written procedures that ensure adequate security and appropriate
   51  grading standards.
   52         (c) It has been determined by the Internal Revenue Service
   53  of the United States to be a legitimate nonprofit entity
   54  pursuant to s. 501(c)(3) of the Internal Revenue Code.
   55         (d) It has full-time administrative staff housed in
   56  dedicated office space that is appropriate for the agency’s
   57  program and sufficient for responding to consumer or regulatory
   58  inquiries.
   59         (e) It has written by-laws, a code of ethics to guide the
   60  practice of its members, and an internal review and control
   61  process, including budgetary practices, to ensure effective use
   62  of resources.
   63         (f) It does not mandate that physicians who receive initial
   64  certification from the recognizing agency undergo a maintenance
   65  of certification process that involves a periodic testing
   66  regimen, proprietary self-assessment, or peer evaluation in
   67  order to retain certification, other than the continuing medical
   68  education hours required for recertification under paragraph
   69  (h).
   70         (g) It does not charge more than $500 every 2 years for
   71  recertification.
   72         (h) It requires, at a minimum, a specified number of
   73  continuing medical education hours in the physician’s area of
   74  specialty for recertification.
   75         (i) It has a practice improvement program to encourage
   76  continued improvement within medical practice. The program must
   77  focus on recent scientific developments, improved patient
   78  safety, improved patient or population health outcomes, improved
   79  access to health care, improved patient experience, and
   80  increased value to the health care system. The program must
   81  require physician participation in practice improvement programs
   82  within the context of the health care team and system of
   83  practice.
   84         (3) The Board of Medicine and the Board of Osteopathic
   85  Medicine may adopt rules to implement this section. These rules
   86  may impose additional requirements on applicants for a
   87  recognizing agency certificate.
   88         (4) A physician who holds a current board certification
   89  from a recognizing agency approved by the board pursuant to
   90  department rules may advertise himself or herself as a board
   91  certified specialist.
   92         Section 2. Section 458.3312, Florida Statutes, is amended
   93  to read:
   94         458.3312 Specialties.—A physician licensed under this
   95  chapter may not hold himself or herself out as a board-certified
   96  specialist unless the physician has received formal recognition
   97  as a specialist from a specialty board of the American Board of
   98  Medical Specialties or other recognizing agency that has
   99  received a certificate issued been approved by the department in
  100  accordance with s. 456.0291 board. However, a physician may
  101  indicate the services offered and may state that his or her
  102  practice is limited to one or more types of services when this
  103  accurately reflects the scope of practice of the physician. A
  104  physician may not hold himself or herself out as a board
  105  certified specialist in dermatology unless the recognizing
  106  agency, whether authorized in statute or by rule, is triennially
  107  reviewed and reauthorized by the Board of Medicine.
  108         Section 3. Section 459.0152, Florida Statutes, is amended
  109  to read:
  110         459.0152 Specialties.—An osteopathic physician licensed
  111  under this chapter may not hold himself or herself out as a
  112  board-certified specialist unless he or she the osteopathic
  113  physician has successfully completed the requirements for
  114  certification by the American Osteopathic Association or the
  115  Accreditation Council on Graduate Medical Education or and is
  116  certified as a specialist by a recognizing certifying agency
  117  that has received a certificate issued approved by the
  118  department in accordance with s. 456.0291 board. However, an
  119  osteopathic physician may indicate the services offered and may
  120  state that his or her practice is limited to one or more types
  121  of services when this accurately reflects the scope of practice
  122  of the osteopathic physician.
  123         Section 4. This act shall take effect July 1, 2018.
  124