| 1 | A bill to be entitled |
| 2 | An act relating to physicians; creating s. 381.0304, F.S.; |
| 3 | requiring the Division of Health Access and Tobacco within |
| 4 | the Department of Health to monitor, evaluate, and report |
| 5 | on the supply and distribution of physicians and |
| 6 | osteopathic physicians in the state; amending ss. 458.311 |
| 7 | and 458.313, F.S.; requiring applicants for physician |
| 8 | licensure to submit core credentials to the Federation of |
| 9 | State Medical Boards for verification; reenacting s. |
| 10 | 458.347(7)(b), F.S., relating to physician assistants, in |
| 11 | order to incorporate the amendment to s. 458.311, F.S., in |
| 12 | a reference thereto; amending ss. 458.316, 458.3165, and |
| 13 | 458.317, F.S.; conforming cross-references; providing an |
| 14 | appropriation; providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 381.0304, Florida Statutes, is created |
| 19 | to read: |
| 20 | 381.0304 Supply and distribution of physicians; |
| 21 | reports.--The Division of Health Access and Tobacco of the |
| 22 | department shall monitor, evaluate, and report on the supply and |
| 23 | distribution of physicians and osteopathic physicians in this |
| 24 | state. The division shall develop a strategy to track and |
| 25 | analyze, on an ongoing basis, the distribution of state-licensed |
| 26 | physicians by specialty and geographic location using data that |
| 27 | are available from public and private sources. The division |
| 28 | shall submit a report to the Governor, the President of the |
| 29 | Senate, and the Speaker of the House of Representatives by |
| 30 | January 1, 2008, and annually thereafter. |
| 31 | Section 2. Subsection (1) of section 458.311, Florida |
| 32 | Statutes, is amended to read: |
| 33 | 458.311 Licensure by examination; requirements; fees.-- |
| 34 | (1) Any person desiring to be licensed as a physician, who |
| 35 | does not hold a valid license in any state, shall apply to the |
| 36 | department on forms furnished by the department. The department |
| 37 | shall license each applicant who the board certifies: |
| 38 | (a) Has completed the application form and remitted a |
| 39 | nonrefundable application fee not to exceed $500. |
| 40 | (b) Is at least 21 years of age. |
| 41 | (c) Is of good moral character. |
| 42 | (d) Has not committed any act or offense in this or any |
| 43 | other jurisdiction which would constitute the basis for |
| 44 | disciplining a physician pursuant to s. 458.331. |
| 45 | (e) For any applicant who has graduated from medical |
| 46 | school after October 1, 1992, has completed the equivalent of 2 |
| 47 | academic years of preprofessional, postsecondary education, as |
| 48 | determined by rule of the board, which shall include, at a |
| 49 | minimum, courses in such fields as anatomy, biology, and |
| 50 | chemistry prior to entering medical school. |
| 51 | (f) Meets one of the following medical education and |
| 52 | postgraduate training requirements: |
| 53 | 1.a. Is a graduate of an allopathic medical school or |
| 54 | allopathic college recognized and approved by an accrediting |
| 55 | agency recognized by the United States Office of Education or is |
| 56 | a graduate of an allopathic medical school or allopathic college |
| 57 | within a territorial jurisdiction of the United States |
| 58 | recognized by the accrediting agency of the governmental body of |
| 59 | that jurisdiction; |
| 60 | b. If the language of instruction of the medical school is |
| 61 | other than English, has demonstrated competency in English |
| 62 | through presentation of a satisfactory grade on the Test of |
| 63 | Spoken English of the Educational Testing Service or a similar |
| 64 | test approved by rule of the board; and |
| 65 | c. Has completed an approved residency of at least 1 year. |
| 66 | 2.a. Is a graduate of an allopathic foreign medical school |
| 67 | registered with the World Health Organization and certified |
| 68 | pursuant to s. 458.314 as having met the standards required to |
| 69 | accredit medical schools in the United States or reasonably |
| 70 | comparable standards; |
| 71 | b. If the language of instruction of the foreign medical |
| 72 | school is other than English, has demonstrated competency in |
| 73 | English through presentation of the Educational Commission for |
| 74 | Foreign Medical Graduates English proficiency certificate or by |
| 75 | a satisfactory grade on the Test of Spoken English of the |
| 76 | Educational Testing Service or a similar test approved by rule |
| 77 | of the board; and |
| 78 | c. Has completed an approved residency of at least 1 year. |
| 79 | 3.a. Is a graduate of an allopathic foreign medical school |
| 80 | which has not been certified pursuant to s. 458.314; |
| 81 | b. Has had his or her medical credentials evaluated by the |
| 82 | Educational Commission for Foreign Medical Graduates, holds an |
| 83 | active, valid certificate issued by that commission, and has |
| 84 | passed the examination utilized by that commission; and |
| 85 | c. Has completed an approved residency of at least 1 year; |
| 86 | however, after October 1, 1992, the applicant shall have |
| 87 | completed an approved residency or fellowship of at least 2 |
| 88 | years in one specialty area. However, to be acceptable, the |
| 89 | fellowship experience and training must be counted toward |
| 90 | regular or subspecialty certification by a board recognized and |
| 91 | certified by the American Board of Medical Specialties. |
| 92 | (g) Has submitted core credentials to the Federation |
| 93 | Credentials Verification Services of the Federation of State |
| 94 | Medical Boards for verification. |
| 95 | (h)(g) Has submitted to the department a set of |
| 96 | fingerprints on a form and under procedures specified by the |
| 97 | department, along with a payment in an amount equal to the costs |
| 98 | incurred by the Department of Health for the criminal background |
| 99 | check of the applicant. |
| 100 | (i)(h) Has obtained a passing score, as established by |
| 101 | rule of the board, on the licensure examination of the United |
| 102 | States Medical Licensing Examination (USMLE); or a combination |
| 103 | of the United States Medical Licensing Examination (USMLE), the |
| 104 | examination of the Federation of State Medical Boards of the |
| 105 | United States, Inc. (FLEX), or the examination of the National |
| 106 | Board of Medical Examiners up to the year 2000; or for the |
| 107 | purpose of examination of any applicant who was licensed on the |
| 108 | basis of a state board examination and who is currently licensed |
| 109 | in at least one other jurisdiction of the United States or |
| 110 | Canada, and who has practiced pursuant to such licensure for a |
| 111 | period of at least 10 years, use of the Special Purpose |
| 112 | Examination of the Federation of State Medical Boards of the |
| 113 | United States (SPEX) upon receipt of a passing score as |
| 114 | established by rule of the board. However, for the purpose of |
| 115 | examination of any applicant who was licensed on the basis of a |
| 116 | state board examination prior to 1974, who is currently licensed |
| 117 | in at least three other jurisdictions of the United States or |
| 118 | Canada, and who has practiced pursuant to such licensure for a |
| 119 | period of at least 20 years, this paragraph does not apply. |
| 120 | Section 3. Paragraph (a) of subsection (1) of section |
| 121 | 458.313, Florida Statutes, is amended to read: |
| 122 | 458.313 Licensure by endorsement; requirements; fees.-- |
| 123 | (1) The department shall issue a license by endorsement to |
| 124 | any applicant who, upon applying to the department on forms |
| 125 | furnished by the department and remitting a fee set by the board |
| 126 | not to exceed $500, the board certifies: |
| 127 | (a) Has met the qualifications for licensure in s. |
| 128 | 458.311(1)(b)-(h) s. 458.311(1)(b)-(g) or in s. 458.311(1)(b)- |
| 129 | (e) and (h) (g) and (3); |
| 130 | Section 4. For the purpose of incorporating the amendment |
| 131 | made by this act to section 458.311, Florida Statutes, in a |
| 132 | reference thereto, and not for the purpose of superseding the |
| 133 | provisions of section 456.017(1)(c), Florida Statutes, paragraph |
| 134 | (b) of subsection (7) of section 458.347, Florida Statutes, is |
| 135 | reenacted to read: |
| 136 | 458.347 Physician assistants.-- |
| 137 | (7) PHYSICIAN ASSISTANT LICENSURE.-- |
| 138 | (b)1. Notwithstanding subparagraph (a)2. and |
| 139 | sub-subparagraph (a)3.a., the department shall examine each |
| 140 | applicant who the Board of Medicine certifies: |
| 141 | a. Has completed the application form and remitted a |
| 142 | nonrefundable application fee not to exceed $500 and an |
| 143 | examination fee not to exceed $300, plus the actual cost to the |
| 144 | department to provide the examination. The examination fee is |
| 145 | refundable if the applicant is found to be ineligible to take |
| 146 | the examination. The department shall not require the applicant |
| 147 | to pass a separate practical component of the examination. For |
| 148 | examinations given after July 1, 1998, competencies measured |
| 149 | through practical examinations shall be incorporated into the |
| 150 | written examination through a multiple-choice format. The |
| 151 | department shall translate the examination into the native |
| 152 | language of any applicant who requests and agrees to pay all |
| 153 | costs of such translation, provided that the translation request |
| 154 | is filed with the board office no later than 9 months before the |
| 155 | scheduled examination and the applicant remits translation fees |
| 156 | as specified by the department no later than 6 months before the |
| 157 | scheduled examination, and provided that the applicant |
| 158 | demonstrates to the department the ability to communicate orally |
| 159 | in basic English. If the applicant is unable to pay translation |
| 160 | costs, the applicant may take the next available examination in |
| 161 | English if the applicant submits a request in writing by the |
| 162 | application deadline and if the applicant is otherwise eligible |
| 163 | under this section. To demonstrate the ability to communicate |
| 164 | orally in basic English, a passing score or grade is required, |
| 165 | as determined by the department or organization that developed |
| 166 | it, on the test for spoken English (TSE) by the Educational |
| 167 | Testing Service (ETS), the test of English as a foreign language |
| 168 | (TOEFL) by ETS, a high school or college level English course, |
| 169 | or the English examination for citizenship, Bureau of |
| 170 | Citizenship and Immigration Services. A notarized copy of an |
| 171 | Educational Commission for Foreign Medical Graduates (ECFMG) |
| 172 | certificate may also be used to demonstrate the ability to |
| 173 | communicate in basic English; and |
| 174 | b.(I) Is an unlicensed physician who graduated from a |
| 175 | foreign medical school listed with the World Health Organization |
| 176 | who has not previously taken and failed the examination of the |
| 177 | National Commission on Certification of Physician Assistants and |
| 178 | who has been certified by the Board of Medicine as having met |
| 179 | the requirements for licensure as a medical doctor by |
| 180 | examination as set forth in s. 458.311(1), (3), (4), and (5), |
| 181 | with the exception that the applicant is not required to have |
| 182 | completed an approved residency of at least 1 year and the |
| 183 | applicant is not required to have passed the licensing |
| 184 | examination specified under s. 458.311 or hold a valid, active |
| 185 | certificate issued by the Educational Commission for Foreign |
| 186 | Medical Graduates; was eligible and made initial application for |
| 187 | certification as a physician assistant in this state between |
| 188 | July 1, 1990, and June 30, 1991; and was a resident of this |
| 189 | state on July 1, 1990, or was licensed or certified in any state |
| 190 | in the United States as a physician assistant on July 1, 1990; |
| 191 | or |
| 192 | (II) Completed all coursework requirements of the Master |
| 193 | of Medical Science Physician Assistant Program offered through |
| 194 | the Florida College of Physician's Assistants prior to its |
| 195 | closure in August of 1996. Prior to taking the examination, such |
| 196 | applicant must successfully complete any clinical rotations that |
| 197 | were not completed under such program prior to its termination |
| 198 | and any additional clinical rotations with an appropriate |
| 199 | physician assistant preceptor, not to exceed 6 months, that are |
| 200 | determined necessary by the council. The boards shall determine, |
| 201 | based on recommendations from the council, the facilities under |
| 202 | which such incomplete or additional clinical rotations may be |
| 203 | completed and shall also determine what constitutes successful |
| 204 | completion thereof, provided such requirements are comparable to |
| 205 | those established by accredited physician assistant programs. |
| 206 | This sub-sub-subparagraph is repealed July 1, 2001. |
| 207 | 2. The department may grant temporary licensure to an |
| 208 | applicant who meets the requirements of subparagraph 1. Between |
| 209 | meetings of the council, the department may grant temporary |
| 210 | licensure to practice based on the completion of all temporary |
| 211 | licensure requirements. All such administratively issued |
| 212 | licenses shall be reviewed and acted on at the next regular |
| 213 | meeting of the council. A temporary license expires 30 days |
| 214 | after receipt and notice of scores to the licenseholder from the |
| 215 | first available examination specified in subparagraph 1. |
| 216 | following licensure by the department. An applicant who fails |
| 217 | the proficiency examination is no longer temporarily licensed, |
| 218 | but may apply for a one-time extension of temporary licensure |
| 219 | after reapplying for the next available examination. Extended |
| 220 | licensure shall expire upon failure of the licenseholder to sit |
| 221 | for the next available examination or upon receipt and notice of |
| 222 | scores to the licenseholder from such examination. |
| 223 | 3. Notwithstanding any other provision of law, the |
| 224 | examination specified pursuant to subparagraph 1. shall be |
| 225 | administered by the department only five times. Applicants |
| 226 | certified by the board for examination shall receive at least 6 |
| 227 | months' notice of eligibility prior to the administration of the |
| 228 | initial examination. Subsequent examinations shall be |
| 229 | administered at 1-year intervals following the reporting of the |
| 230 | scores of the first and subsequent examinations. For the |
| 231 | purposes of this paragraph, the department may develop, contract |
| 232 | for the development of, purchase, or approve an examination that |
| 233 | adequately measures an applicant's ability to practice with |
| 234 | reasonable skill and safety. The minimum passing score on the |
| 235 | examination shall be established by the department, with the |
| 236 | advice of the board. Those applicants failing to pass that |
| 237 | examination or any subsequent examination shall receive notice |
| 238 | of the administration of the next examination with the notice of |
| 239 | scores following such examination. Any applicant who passes the |
| 240 | examination and meets the requirements of this section shall be |
| 241 | licensed as a physician assistant with all rights defined |
| 242 | thereby. |
| 243 | Section 5. Subsection (1) of section 458.316, Florida |
| 244 | Statutes, is amended to read: |
| 245 | 458.316 Public health certificate.-- |
| 246 | (1) Any person desiring to obtain a public health |
| 247 | certificate shall submit an application fee not to exceed $300 |
| 248 | and shall demonstrate to the board that he or she is a graduate |
| 249 | of an accredited medical school and holds a master of public |
| 250 | health degree or is board eligible or certified in public health |
| 251 | or preventive medicine, or is licensed to practice medicine |
| 252 | without restriction in another jurisdiction in the United States |
| 253 | and holds a master of public health degree or is board eligible |
| 254 | or certified in public health or preventive medicine, and shall |
| 255 | meet the requirements in s. 458.311(1)(a)-(f) and (h) s. |
| 256 | 458.311(1)(a)-(g) and (5). |
| 257 | Section 6. Section 458.3165, Florida Statutes, is amended |
| 258 | to read: |
| 259 | 458.3165 Public psychiatry certificate.--The board shall |
| 260 | issue a public psychiatry certificate to an individual who |
| 261 | remits an application fee not to exceed $300, as set by the |
| 262 | board, who is a board-certified psychiatrist, who is licensed to |
| 263 | practice medicine without restriction in another state, and who |
| 264 | meets the requirements in s. 458.311(1)(a)-(f) and (h) s. |
| 265 | 458.311(1)(a)-(g) and (5). A recipient of a public psychiatry |
| 266 | certificate may use the certificate to work at any public mental |
| 267 | health facility or program funded in part or entirely by state |
| 268 | funds. |
| 269 | (1) Such certificate shall: |
| 270 | (a) Authorize the holder to practice only in a public |
| 271 | mental health facility or program funded in part or entirely by |
| 272 | state funds. |
| 273 | (b) Be issued and renewable biennially if the secretary of |
| 274 | the Department of Health and the chair of the department of |
| 275 | psychiatry at one of the public medical schools or the chair of |
| 276 | the department of psychiatry at the accredited medical school at |
| 277 | the University of Miami recommend in writing that the |
| 278 | certificate be issued or renewed. |
| 279 | (c) Automatically expire if the holder's relationship with |
| 280 | a public mental health facility or program expires. |
| 281 | (d) Not be issued to a person who has been adjudged |
| 282 | unqualified or guilty of any of the prohibited acts in this |
| 283 | chapter. |
| 284 | (2) The board may take disciplinary action against a |
| 285 | certificateholder for noncompliance with any part of this |
| 286 | section or for any reason for which a regular licensee may be |
| 287 | subject to discipline. |
| 288 | Section 7. Paragraph (a) of subsection (1) of section |
| 289 | 458.317, Florida Statutes, is amended to read: |
| 290 | 458.317 Limited licenses.-- |
| 291 | (1) |
| 292 | (a) Any person desiring to obtain a limited license shall: |
| 293 | 1. Submit to the board, with an application and fee not to |
| 294 | exceed $300, an affidavit stating that he or she has been |
| 295 | licensed to practice medicine in any jurisdiction in the United |
| 296 | States for at least 10 years and intends to practice only |
| 297 | pursuant to the restrictions of a limited license granted |
| 298 | pursuant to this section. However, a physician who is not fully |
| 299 | retired in all jurisdictions may use a limited license only for |
| 300 | noncompensated practice. If the person applying for a limited |
| 301 | license submits a notarized statement from the employing agency |
| 302 | or institution stating that he or she will not receive |
| 303 | compensation for any service involving the practice of medicine, |
| 304 | the application fee and all licensure fees shall be waived. |
| 305 | However, any person who receives a waiver of fees for a limited |
| 306 | license shall pay such fees if the person receives compensation |
| 307 | for the practice of medicine. |
| 308 | 2. Meet the requirements in s. 458.311(1)(b)-(f) and (h) |
| 309 | s. 458.311(1)(b)-(g) and (5). If the applicant graduated from |
| 310 | medical school prior to 1946, the board or its appropriate |
| 311 | committee may accept military medical training or medical |
| 312 | experience as a substitute for the approved 1-year residency |
| 313 | requirement in s. 458.311(1)(f). |
| 314 |
|
| 315 | Nothing herein limits in any way any policy by the board, |
| 316 | otherwise authorized by law, to grant licenses to physicians |
| 317 | duly licensed in other states under conditions less restrictive |
| 318 | than the requirements of this section. Notwithstanding the other |
| 319 | provisions of this section, the board may refuse to authorize a |
| 320 | physician otherwise qualified to practice in the employ of any |
| 321 | agency or institution otherwise qualified if the agency or |
| 322 | institution has caused or permitted violations of the provisions |
| 323 | of this chapter which it knew or should have known were |
| 324 | occurring. |
| 325 | Section 8. The sum of $ is appropriated from the |
| 326 | General Revenue Fund to the Department of Health for |
| 327 | implementing this act during the 2006-2007 fiscal year. This act |
| 328 | shall be implemented contingent on an appropriation in the |
| 329 | General Appropriations Act. |
| 330 | Section 9. This act shall take effect October 1, 2006. |