Florida Senate - 2018                                     SB 628
       
       
        
       By Senator Grimsley
       
       
       
       
       
       26-00760-18                                            2018628__
    1                        A bill to be entitled                      
    2         An act relating to maintenance of certification or
    3         recertification; creating ss. 458.3113 and 459.0056,
    4         F.S.; providing legislative intent; providing
    5         definitions; prohibiting the Boards of Medicine and
    6         Osteopathic Medicine, respectively, the Department of
    7         Health, certain health care facilities, and insurers
    8         from requiring physicians and osteopathic physicians
    9         to maintain certification or obtain recertification as
   10         a condition of licensure, reimbursement, or admitting
   11         privileges; providing construction; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 458.3113, Florida Statutes, is created
   17  to read:
   18         458.3113 Maintenance of certification or recertification as
   19  condition of licensure, reimbursement, or admitting privileges.—
   20         (1) It is the intent of the Legislature to further improve
   21  the efficiency of the health care market and eliminate
   22  unnecessary administrative and regulatory requirements.
   23         (2) For purposes of this section, the term:
   24         (a) “Maintenance of certification” means a periodic testing
   25  regimen, proprietary self-assessment requirement, peer
   26  evaluation, or other requirement imposed by the Program for
   27  Maintenance of Certification of the American Board of Medical
   28  Specialties and its member boards, or by any recognizing agency
   29  approved by the board pursuant to rule, on any board-certified
   30  specialty or subspecialty.
   31         (b) “Recertification” means a subsequent recognition or
   32  certification of educational or scholarly achievement beyond
   33  initial board certification imposed by the Program for
   34  Maintenance of Certification of the American Board of Medical
   35  Specialties and its member boards, or by any recognizing agency
   36  approved by the board pursuant to rule, on any board-certified
   37  specialty or subspecialty.
   38         (3) Notwithstanding any other provision of law, the board,
   39  the department, a health care facility licensed under chapter
   40  395, or an insurer as defined in s. 624.03 may not require
   41  maintenance of certification or recertification as a condition
   42  of licensure, reimbursement, or admitting privileges for a
   43  physician who practices medicine and has achieved initial board
   44  certification in a specialty or subspecialty in accordance with
   45  this chapter.
   46         (4) This section may not be construed to prohibit the board
   47  from requiring continuing medical education.
   48         Section 2. Section 459.0056, Florida Statutes, is created
   49  to read:
   50         459.0056 Maintenance of certification or recertification as
   51  condition of licensure, reimbursement, or admitting privileges.—
   52         (1) It is the intent of the Legislature to further improve
   53  the efficiency of the health care market and eliminate
   54  unnecessary administrative and regulatory requirements.
   55         (2) For purposes of this section, the term:
   56         (a) “Osteopathic continuous certification” means a periodic
   57  testing regimen, proprietary self-assessment requirement, peer
   58  evaluation, or other requirement imposed by the Osteopathic
   59  Continuous Certification program of the American Osteopathic
   60  Association and its specialty boards, or by any recognizing
   61  agency approved by the board pursuant to rule, on any board
   62  certified specialty or subspecialty.
   63         (b) “Recertification” means a subsequent recognition or
   64  certification of educational or scholarly achievement beyond
   65  initial board certification imposed by the Bureau of Osteopathic
   66  Specialists of the American Osteopathic Association and its
   67  specialty boards, or by any recognizing agency approved by the
   68  board pursuant to rule, on any board-certified specialty or
   69  subspecialty.
   70         (3) Notwithstanding any other provision of law, the board,
   71  the department, a health care facility licensed under chapter
   72  395, or an insurer as defined in s. 624.03 may not require
   73  osteopathic continuous certification or recertification as a
   74  condition of licensure, reimbursement, or admitting privileges
   75  for an osteopathic physician who practices medicine and has
   76  achieved initial board certification in a specialty or
   77  subspecialty in accordance with this chapter.
   78         (4) This section may not be construed to prohibit the board
   79  from requiring continuing medical education.
   80         Section 3. This act shall take effect July 1, 2018.