Florida Senate - 2018 SB 636
By Senator Campbell
38-00081C-18 2018636__
1 A bill to be entitled
2 An act relating to licensure of internationally
3 trained physicians; amending s. 458.3124, F.S.;
4 establishing requirements to allow certain foreign
5 trained physicians to obtain a restricted license;
6 requiring restricted licensees to meet certain
7 practice conditions; authorizing a restricted licensee
8 to apply to take Step III of the United States Medical
9 Licensing Examination in certain circumstances;
10 providing that a restricted license is valid for a
11 specified period of time; requiring the department to
12 issue a full license to a restricted licensee if
13 certain conditions are met; requiring the Department
14 of Health to renew a restricted license if certain
15 conditions are met; authorizing a person whose
16 restricted license was revoked to seek relicensure
17 under certain circumstances; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22
23 Section 1. Section 458.3124, Florida Statutes, is amended
24 to read:
25 458.3124 Restricted license; certain experienced foreign
26 trained physicians.—
27 (1)(a) A person who was trained in a medical school that is
28 listed in the World Directory of Medical Schools published by
29 the World Health Organization and is located in a country other
30 than the United States, Canada, or Puerto Rico may apply to take
31 Step III of the United States Medical Licensing Examination, if
32 the person:
33 1.(a) Legally practiced medicine for at least 5 years in
34 the country in which the school is located;
35 2.(b) Has passed Steps I and II of the United States
36 Medical Licensing Examination;
37 3.(c) Is certified by the Educational Commission for
38 Foreign Medical Graduates as qualified for a restricted license
39 to practice medicine;
40 4.(d) Is not subject to discipline, investigation, or
41 prosecution in any jurisdiction for acts that threaten the
42 public health, safety, or welfare or violate chapter 456 or this
43 chapter; and
44 5.(e) Has been a resident of this state since July 1, 1996.
45 (b)(2) A person applying for licensure under this
46 subsection section must submit to the department of Health on or
47 before December 31, 2000:
48 1.(a) A completed application and documentation required by
49 the board of Medicine to prove compliance with paragraph (a)
50 subsection (1); and
51 2.(b) A nonrefundable application fee not to exceed $500
52 and a nonrefundable examination fee not to exceed $300 plus the
53 actual cost to purchase and administer the examination.
54 (c)(3) A person applying under this subsection section may
55 take the examination a maximum of 5 times within 5 years.
56 (d)(4) A restricted licensee under this subsection section
57 must practice under the supervision of a licensee approved by
58 the board, with the first year of licensure under direct
59 supervision and the second year in community service under
60 indirect supervision, including practicing with organizations
61 that serve indigent populations, such as s. 501(c)(3) agencies,
62 public health units, prisons, or other organizations approved by
63 the board.
64 (2)(a) A person who was trained in a medical school that is
65 listed in the World Directory of Medical Schools published by
66 the World Health Organization and is located in a country other
67 than the United States, Canada, or Puerto Rico may apply for a
68 restricted medical license, if the person:
69 1. Legally practiced medicine for at least 3 years in the
70 country in which the school is located;
71 2. Has passed Steps I and II of the United States Medical
72 Licensing Examination;
73 3. Is certified by the Educational Commission for Foreign
74 Medical Graduates;
75 4. Is not subject to discipline, investigation, or
76 prosecution in any jurisdiction for acts that threaten the
77 public health, safety, or welfare or violate chapter 456 or this
78 chapter; and
79 5. Is a United States citizen or a resident of this state.
80 (b) A person applying for licensure under this subsection
81 must submit to the department:
82 1. A completed application and documentation required by
83 the board to prove compliance with paragraph (a);
84 2. A nonrefundable application fee; and
85 3. A set of fingerprints for background screening pursuant
86 to s. 456.0135.
87 (c) A person who holds a restricted license under this
88 subsection must practice:
89 1. A minimum of 160 hours each month for at least 2 years;
90 2. Under the supervision of a physician licensed under
91 chapter 459 or this chapter, with the first year of practice
92 under direct supervision and the second year of practice under
93 indirect supervision; and
94 3. In community service in this state with organizations
95 that serve indigent populations, areas of critical need, or
96 rural areas, such as s. 501(c)(3) agencies, public health units,
97 federally funded community health centers, prisons, or other
98 organizations approved by the board.
99 (d) A person practicing with a restricted license in
100 compliance with this subsection may apply to take Step III of
101 the United States Medical Licensing Examination after completing
102 2 years of supervised practice.
103 (e) A restricted license issued by the department under
104 this subsection is valid for 5 years unless the license is
105 revoked or suspended.
106 (f) Upon the expiration of a restricted license issued
107 under this subsection, the department shall issue a full license
108 to the restricted licensee if he or she:
109 1. Is not the subject of disciplinary action,
110 investigation, or prosecution for a violation which poses a
111 substantial threat to the public health, safety, or welfare; and
112 2. Pays all required fees.
113 (g) The department shall renew a restricted license under
114 this subsection upon payment of a renewal fee in the same amount
115 as the initial application fee if the restricted licensee is not
116 the subject of disciplinary action, investigation, or
117 prosecution for a violation that poses or posed a substantial
118 threat to the public health, safety, or welfare and the board
119 has not permanently revoked the restricted license.
120 (h) A person whose restricted license was revoked may seek
121 relicensure under this subsection if the person is no longer the
122 subject of disciplinary action, investigation, or prosecution.
123 (3)(5) Notwithstanding s. 458.311(1)(f), a person who
124 successfully meets the requirements of subsection (1) or
125 subsection (2) this section and who successfully passes Step III
126 of the United States Medical Licensing Examination is eligible
127 for full licensure as a physician.
128 (4)(6) The board shall adopt rules to implement this
129 section.
130 Section 2. This act shall take effect July 1, 2018.