Florida Senate - 2013                                    SB 1302
       
       
       
       By Senator Garcia
       
       
       
       
       38-01205A-13                                          20131302__
    1                        A bill to be entitled                      
    2         An act relating to temporary certificates for visiting
    3         physicians; amending s. 458.3137, F.S.; providing that
    4         a physician who has been invited by certain medical or
    5         surgical training programs or educational symposiums
    6         may be issued a temporary certificate for limited
    7         privileges solely to provide educational training;
    8         modifying criteria; revising the requirements for
    9         proof of medical malpractice insurance; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 458.3137, Florida Statutes, is amended
   15  to read:
   16         458.3137 Temporary certificate for visiting physicians to
   17  obtain medical privileges for instructional purposes in
   18  conjunction with certain plastic surgery or other medical or
   19  surgical training programs and plastic surgery educational
   20  symposiums.—
   21         (1) A any physician who has been invited by both:
   22         (a) A plastic surgery or other medical or surgical training
   23  program that is affiliated with a medical school in within this
   24  state which that is accredited by the Accreditation Council for
   25  Graduate Medical Education or the American Osteopathic
   26  Association or which is part of a teaching hospital as defined
   27  in s. 408.07; or and
   28         (b) An educational symposium cosponsored by the American
   29  Society of Plastic Surgeons, the Plastic Surgery Educational
   30  Foundation, or the American Society for Aesthetic Plastic
   31  Surgery, or any other medical or surgical society in conjunction
   32  with a medical school or teaching hospital as defined in s.
   33  408.07,
   34  
   35  may be issued a temporary certificate for limited privileges
   36  solely for purposes of providing educational training in plastic
   37  surgery or other medical or surgical procedures, as appropriate,
   38  in accordance with the restrictions set forth in this section.
   39         (2) A temporary certificate to practice medicine for
   40  educational purposes to help teach plastic surgery or other
   41  medical or surgical procedures to residents in a training
   42  program affiliated with a medical school that is accredited by
   43  the Accreditation Council for Graduate Medical Education or the
   44  American Osteopathic Association or that is part of a teaching
   45  hospital, or to residents of a medical school within this state
   46  in conjunction with a nationally sponsored educational symposium
   47  or an educational symposium held by a state medical school or
   48  teaching hospital, may be issued without examination, upon
   49  verification by the board that the individual meets all of the
   50  following requirements:
   51         (a) Is a graduate of an accredited medical school or its
   52  equivalent or is a graduate of a foreign medical school listed
   53  with the World Health Organization.
   54         (b) Holds a valid and unencumbered license to practice
   55  medicine in another state or country.
   56         (c) Is a recognized expert in a specific area of plastic
   57  surgery or another field of medicine or surgery, as demonstrated
   58  by peer-reviewed publications, invited lectureships, and
   59  academic affiliations.
   60         (d) Has completed an application form adopted by the board
   61  and remitted a nonrefundable application fee not to exceed $300.
   62         (e) Has not committed an act in this or any other
   63  jurisdiction that would constitute a basis for disciplining a
   64  physician under s. 456.072 or s. 458.331.
   65         (f) Meets the financial responsibility requirements of s.
   66  458.320(1) or (2).
   67         (g) Is applying only in connection with a training program
   68  or an educational symposium as described in subsection (1) both
   69  a medical school within this state that is accredited by the
   70  Accreditation Council for Graduate Medical Education and an
   71  educational symposium sponsored by the American Society of
   72  Plastic Surgeons, the Plastic Surgery Educational Foundation, or
   73  the American Society for Aesthetic Plastic Surgery.
   74         (3) A temporary certificate issued under this section is
   75  valid for up to 5 no more than 3 days per year, and such
   76  certificate expires 1 year after issuance.
   77         (4) The department may shall not issue more than 12 six
   78  temporary certificates for a single educational symposium under
   79  this section per calendar year.
   80         (5) In order for a physician who is a graduate of a foreign
   81  medical school and holds a valid and unencumbered license to
   82  practice medicine in another country but does not hold a license
   83  to practice medicine in this or another state to obtain a
   84  temporary certificate under this section, the organization
   85  sponsoring the educational symposium must pay for any medical
   86  judgments incurred by that physician by obtaining a surety bond
   87  issued by a surety company authorized to do business in this
   88  state, by or establishing a certificate of deposit or a
   89  guaranteed letter of credit with a licensed and insured bank or
   90  savings institution located in the state, or by providing proof
   91  that the physician is covered under a teaching hospitals
   92  medical malpractice insurance. The amount of the bond,
   93  certificate of deposit, or guaranteed letter of credit must
   94  shall be at least an amount not less than $250,000.
   95         (6) A physician applying under this section is exempt from
   96  the requirements of ss. 456.039-456.046. All other provisions of
   97  chapter 456 and this chapter apply.
   98         (7) The board may shall not issue a temporary certificate
   99  for practice to any physician who is under investigation in
  100  another jurisdiction for an act that would constitute a
  101  violation of this chapter or chapter 456 until such time as the
  102  investigation is complete and the physician is found innocent of
  103  all charges.
  104         Section 2. This act shall take effect July 1, 2013.