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