Florida Senate - 2017 CS for CS for SB 496
By the Committees on Education; and Health Policy; and Senators
Brandes and Passidomo
581-03350-17 2017496c2
1 A bill to be entitled
2 An act relating to medical faculty and medical
3 assistant certification; amending s. 456.013, F.S.;
4 requiring the Department of Health to process certain
5 applications for a temporary certificate using a
6 personal identification number in lieu of a social
7 security number under specified circumstances;
8 amending s. 458.3137, F.S.; revising the circumstances
9 under which a visiting physician may be issued a
10 temporary certificate to obtain limited medical
11 privileges for instructional purposes; amending s.
12 458.3145, F.S.; revising the list of institutions at
13 which certain faculty members are eligible to receive
14 a medical faculty certificate; authorizing a
15 certificateholder to practice at certain specialty
16 licensed children’s hospitals; revising provisions to
17 authorize the medical director of certain specialty
18 licensed children’s hospitals to request the provision
19 of medical care and treatment in connection with
20 education; amending s. 458.3485, F.S.; providing a
21 requirement to earn a certified medical assistant
22 credential; amending s. 483.291, F.S.; revising
23 qualifications for employment as a medical assistant
24 in a multiphasic health testing center; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsection (1) of section 456.013, Florida
30 Statutes, is amended to read:
31 456.013 Department; general licensing provisions.—
32 (1)(a) Any person desiring to be licensed in a profession
33 within the jurisdiction of the department shall apply to the
34 department in writing to take the licensure examination. The
35 application shall be made on a form prepared and furnished by
36 the department. The application form must be available on the
37 World Wide Web and the department may accept electronically
38 submitted applications beginning July 1, 2001. The application
39 shall require the social security number of the applicant,
40 except as provided in paragraphs paragraph (b) and (c). The form
41 shall be supplemented as needed to reflect any material change
42 in any circumstance or condition stated in the application which
43 takes place between the initial filing of the application and
44 the final grant or denial of the license and which might affect
45 the decision of the department. If an application is submitted
46 electronically, the department may require supplemental
47 materials, including an original signature of the applicant and
48 verification of credentials, to be submitted in a nonelectronic
49 format. An incomplete application shall expire 1 year after
50 initial filing. In order to further the economic development
51 goals of the state, and notwithstanding any law to the contrary,
52 the department may enter into an agreement with the county tax
53 collector for the purpose of appointing the county tax collector
54 as the department’s agent to accept applications for licenses
55 and applications for renewals of licenses. The agreement must
56 specify the time within which the tax collector must forward any
57 applications and accompanying application fees to the
58 department.
59 (b) If an applicant has not been issued a social security
60 number by the Federal Government at the time of application
61 because the applicant is not a citizen or resident of this
62 country, the department may process the application using a
63 unique personal identification number. If such an applicant is
64 otherwise eligible for licensure, the board, or the department
65 when there is no board, may issue a temporary license to the
66 applicant, which shall expire 30 days after issuance unless a
67 social security number is obtained and submitted in writing to
68 the department. Upon receipt of the applicant’s social security
69 number, the department shall issue a new license, which shall
70 expire at the end of the current biennium.
71 (c) Notwithstanding any other provision of law, if an
72 applicant for a temporary certificate as set forth in s.
73 458.3137 has not been issued a social security number by the
74 Federal Government at the time of application because the
75 applicant is not a citizen or resident of this country, the
76 department shall process the application using a unique personal
77 identification number. If such applicant is otherwise eligible
78 for the temporary certificate, the board, or the department when
79 there is no board, shall issue the temporary certificate without
80 requiring the applicant to provide a social security number.
81 Section 2. Subsection (1) of section 458.3137, Florida
82 Statutes, is amended to read:
83 458.3137 Temporary certificate for visiting physicians to
84 obtain medical privileges for instructional purposes in
85 conjunction with certain plastic surgery or other medical or
86 surgical training programs and educational symposiums.—
87 (1) A physician who has been invited by:
88 (a) A plastic surgery or other medical or surgical training
89 program affiliated with a medical school in this state which is
90 accredited by the Accreditation Council for Graduate Medical
91 Education or the American Osteopathic Association or which is
92 part of a teaching hospital as defined in s. 408.07; or
93 (b) A teaching hospital as defined in s. 408.07; or
94 (c)(b) An educational symposium cosponsored by the American
95 Society of Plastic Surgeons, the Plastic Surgery Educational
96 Foundation, the American Society for Aesthetic Plastic Surgery,
97 or any other medical or surgical society in conjunction with a
98 medical school or teaching hospital as defined in s. 408.07, may
99 be issued a temporary certificate for limited privileges solely
100 for purposes of providing educational training in plastic
101 surgery or other medical or surgical procedures, as appropriate,
102 in accordance with the restrictions set forth in this section.
103 Section 3. Section 458.3145, Florida Statutes, is amended
104 to read:
105 458.3145 Medical faculty certificate.—
106 (1) A medical faculty certificate may be issued without
107 examination to an individual who:
108 (a) Is a graduate of an accredited medical school or its
109 equivalent, or is a graduate of a foreign medical school listed
110 with the World Health Organization;
111 (b) Holds a valid, current license to practice medicine in
112 another jurisdiction;
113 (c) Has completed the application form and remitted a
114 nonrefundable application fee not to exceed $500;
115 (d) Has completed an approved residency or fellowship of at
116 least 1 year or has received training which has been determined
117 by the board to be equivalent to the 1-year residency
118 requirement;
119 (e) Is at least 21 years of age;
120 (f) Is of good moral character;
121 (g) Has not committed any act in this or any other
122 jurisdiction which would constitute the basis for disciplining a
123 physician under s. 458.331;
124 (h) For any applicant who has graduated from medical school
125 after October 1, 1992, has completed, before entering medical
126 school, the equivalent of 2 academic years of preprofessional,
127 postsecondary education, as determined by rule of the board,
128 which must include, at a minimum, courses in such fields as
129 anatomy, biology, and chemistry; and
130 (i) Has been offered and has accepted a full-time faculty
131 appointment to teach in a program of medicine at:
132 1. The University of Florida;
133 2. The University of Miami;
134 3. The University of South Florida;
135 4. The Florida State University;
136 5. The Florida International University;
137 6. The University of Central Florida;
138 7. The Mayo Clinic College of Medicine and Science in
139 Jacksonville, Florida; or
140 8. The Florida Atlantic University; or
141 9. The Johns Hopkins All Children’s Hospital in St.
142 Petersburg, Florida.
143 (2) The certificate authorizes the holder to practice only
144 in conjunction with his or her faculty position at an accredited
145 medical school and its affiliated clinical facilities or
146 teaching hospitals that are registered with the Board of
147 Medicine as sites at which holders of medical faculty
148 certificates will be practicing, or a specialty-licensed
149 children’s hospital licensed under chapter 395 that is
150 affiliated with an accredited medical school and its affiliated
151 clinics. Such certificate automatically expires when the
152 holder’s relationship with the medical school is terminated or
153 after a period of 24 months, whichever occurs sooner, and is
154 renewable every 2 years by a holder who applies to the board on
155 a form prescribed by the board and provides certification by the
156 dean of the medical school that the holder is a distinguished
157 medical scholar and an outstanding practicing physician.
158 (3) The holder of a medical faculty certificate issued
159 under this section has all rights and responsibilities
160 prescribed by law for the holder of a license issued under s.
161 458.311, except as specifically provided otherwise by law. Such
162 responsibilities include compliance with continuing medical
163 education requirements as set forth by rule of the board. A
164 hospital or ambulatory surgical center licensed under chapter
165 395, health maintenance organization certified under chapter
166 641, insurer as defined in s. 624.03, multiple-employer welfare
167 arrangement as defined in s. 624.437, or any other entity in
168 this state, in considering and acting upon an application for
169 staff membership, clinical privileges, or other credentials as a
170 health care provider, may not deny the application of an
171 otherwise qualified physician for such staff membership,
172 clinical privileges, or other credentials solely because the
173 applicant is a holder of a medical faculty certificate under
174 this section.
175 (4) In any year, the maximum number of extended medical
176 faculty certificateholders as provided in subsection (2) may not
177 exceed 30 persons at each institution named in subparagraphs
178 (1)(i)1.-6., and 8., and 9. and at the facility named in s.
179 1004.43 and may not exceed 10 persons at the institution named
180 in subparagraph (1)(i)7.
181 (5) Annual review of all such certificate recipients will
182 be made by the deans of the accredited 4-year medical schools
183 provided in paragraph (1)(i) within this state and reported to
184 the Board of Medicine.
185 (6) Notwithstanding subsection (1), any physician, when
186 providing medical care or treatment in connection with the
187 education of students, residents, or faculty at the request of
188 the dean of an accredited medical school within this state or at
189 the request of the medical director of a statutory teaching
190 hospital as defined in s. 408.07 or a specialty-licensed
191 children’s hospital licensed under chapter 395 that is
192 affiliated with an accredited medical school and its affiliated
193 clinics, may do so upon registration with the board and
194 demonstration of financial responsibility pursuant to s.
195 458.320(1) or (2) unless such physician is exempt under s.
196 458.320(5)(a). The performance of such medical care or treatment
197 must be limited to a single period of time, which may not exceed
198 180 consecutive days, and must be rendered within a facility
199 registered under subsection (2) or within a statutory teaching
200 hospital as defined in s. 408.07. A registration fee not to
201 exceed $300, as set by the board, is required of each physician
202 registered under this subsection. However, no more than three
203 physicians per year per institution may be registered under this
204 subsection, and an exemption under this subsection may not be
205 granted to a physician more than once in any given 5-year
206 period.
207 Section 4. Subsection (3) is added to section 458.3485,
208 Florida Statutes, to read:
209 458.3485 Medical assistant.—
210 (3) CERTIFICATION.—In order to earn a credential as a
211 certified medical assistant, a medical assistant shall obtain
212 certification from a certification program accredited by the
213 National Commission for Certifying Agencies.
214 Section 5. Paragraph (b) of subsection (7) of section
215 483.291, Florida Statutes, is amended to read:
216 483.291 Powers and duties of the agency; rules.—The agency
217 shall adopt rules to implement this part and part II of chapter
218 408, which rules must include the following:
219 (7) PERSONNEL.—The agency shall prescribe minimum
220 qualifications for center personnel. A center may employ as a
221 medical assistant a person who has at least one of the following
222 qualifications:
223 (b) Certification and registration from a certification
224 program accredited by the National Commission for Certifying
225 Agencies and approved by the agency by the American Medical
226 Technologists Association or other similar professional
227 association approved by the agency.
228 Section 6. This act shall take effect July 1, 2017.