HB 0895

1	A bill to be entitled
2	An act relating to medical specialties; amending ss.
3	458.3312 and 459.0152, F.S.; authorizing physicians and
4	osteopathic physicians to be certified as specialists by a
5	board of certification of the American Association of
6	Physician Specialists, Inc.; amending ss. 456.039 and
7	459.011, F.S., to conform; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Section 458.3312, Florida Statutes, is amended
12	to read:
13	458.3312  Specialties.--A physician licensed under this
14	chapter may not hold himself or herself out as a board-certified
15	specialist unless the physician has received formal recognition
16	as a specialist from a specialty board of the American Board of
17	Medical Specialties, a board of certification of the American
18	Association of Physician Specialists, Inc., or another other
19	recognizing agency approved by the board. However, a physician
20	may indicate the services offered and may state that his or her
21	practice is limited to one or more types of services when this
22	accurately reflects the scope of practice of the physician.
23	Section 2.  Section 459.0152, Florida Statutes, is amended
24	to read:
25	459.0152  Specialties.--An osteopathic physician licensed
26	under this chapter may not hold himself or herself out as a
27	board-certified specialist unless the osteopathic physician has
28	successfully completed the requirements for certification by the
29	American Osteopathic Association or the Accreditation Council on
30	Graduate Medical Education and is certified as a specialist by a
31	board of certification of the American Association of Physician
32	Specialists, Inc., or by another certifying agency approved by
33	the board. However, an osteopathic physician may indicate the
34	services offered and may state that his or her practice is
35	limited to one or more types of services when this accurately
36	reflects the scope of practice of the osteopathic physician.
37	Section 3.  Paragraph (a) of subsection (1) of section
38	456.039, Florida Statutes, is amended to read:
39	456.039  Designated health care professionals; information
40	required for licensure.--
41	(1)  Each person who applies for initial licensure as a
42	physician under chapter 458, chapter 459, chapter 460, or
43	chapter 461, except a person applying for registration pursuant
44	to ss. 458.345 and 459.021, must, at the time of application,
45	and each physician who applies for license renewal under chapter
46	458, chapter 459, chapter 460, or chapter 461, except a person
47	registered pursuant to ss. 458.345 and 459.021, must, in
48	conjunction with the renewal of such license and under
49	procedures adopted by the Department of Health, and in addition
50	to any other information that may be required from the
51	applicant, furnish the following information to the Department
52	of Health:
53	(a)1.  The name of each medical school that the applicant
54	has attended, with the dates of attendance and the date of
55	graduation, and a description of all graduate medical education
56	completed by the applicant, excluding any coursework taken to
57	satisfy medical licensure continuing education requirements.
58	2.  The name of each hospital at which the applicant has
59	privileges.
60	3.  The address at which the applicant will primarily
61	conduct his or her practice.
62	4.  Any certification that the applicant has received from
63	a specialty board that is recognized by the board to which the
64	applicant is applying.
65	5.  The year that the applicant began practicing medicine.
66	6.  Any appointment to the faculty of a medical school
67	which the applicant currently holds and an indication as to
68	whether the applicant has had the responsibility for graduate
69	medical education within the most recent 10 years.
70	7.  A description of any criminal offense of which the
71	applicant has been found guilty, regardless of whether
72	adjudication of guilt was withheld, or to which the applicant
73	has pled guilty or nolo contendere. A criminal offense committed
74	in another jurisdiction which would have been a felony or
75	misdemeanor if committed in this state must be reported. If the
76	applicant indicates that a criminal offense is under appeal and
77	submits a copy of the notice for appeal of that criminal
78	offense, the department must state that the criminal offense is
79	under appeal if the criminal offense is reported in the
80	applicant's profile. If the applicant indicates to the
81	department that a criminal offense is under appeal, the
82	applicant must, upon disposition of the appeal, submit to the
83	department a copy of the final written order of disposition.
84	8.  A description of any final disciplinary action taken
85	within the previous 10 years against the applicant by the agency
86	regulating the profession that the applicant is or has been
87	licensed to practice, whether in this state or in any other
88	jurisdiction, by a specialty board that is recognized by the
89	American Board of Medical Specialties, the American Association
90	of Physician Specialists, Inc., the American Osteopathic
91	Association, or a similar national organization, or by a
92	licensed hospital, health maintenance organization, prepaid
93	health clinic, ambulatory surgical center, or nursing home.
94	Disciplinary action includes resignation from or nonrenewal of
95	medical staff membership or the restriction of privileges at a
96	licensed hospital, health maintenance organization, prepaid
97	health clinic, ambulatory surgical center, or nursing home taken
98	in lieu of or in settlement of a pending disciplinary case
99	related to competence or character. If the applicant indicates
100	that the disciplinary action is under appeal and submits a copy
101	of the document initiating an appeal of the disciplinary action,
102	the department must state that the disciplinary action is under
103	appeal if the disciplinary action is reported in the applicant's
104	profile.
105	9.  Relevant professional qualifications as defined by the
106	applicable board.
107	Section 4.  Paragraphs (c) and (d) of subsection (4) of
108	section 459.011, Florida Statutes, are amended to read:
109	459.011  Privileges, obligations, and status of osteopathic
110	physicians.--
111	(4)
112	(c)  Whenever the health facility staffing requirements for
113	staff or department privileges mandate that the licensee who has
114	been granted privileges be certified by an approved specialty
115	board of the American Board of Medical Specialties, the health
116	facility staffing requirements or department privileges shall be
117	construed to also include a licensee who has achieved
118	certification by an equivalent board of the American Osteopathic
119	Association or the American Association of Physician
120	Specialists, Inc.
121	(d)  Whenever an entity that contracts with licensees to
122	provide managed care or risk-based care requires that the
123	licensee who is responsible for the contract be certified by the
124	American Board of Medical Specialties, the contract reference to
125	the American Board of Medical Specialties shall be construed to
126	also include the American Osteopathic Association or the
127	American Association of Physician Specialists, Inc., when the
128	contracting licensee is an osteopathic physician.
129	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.