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   16         restricted license was revoked to seek relicensure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.