| 1 | A bill to be entitled |
| 2 | An act relating to osteopathic physicians; amending s. |
| 3 | 459.0055, F.S.; revising the requirements for |
| 4 | licensure or certification as an osteopathic physician |
| 5 | in this state; amending s. 459.021, F.S.; revising |
| 6 | provisions relating to registration of physicians, |
| 7 | interns, and fellows; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Paragraph (m) of subsection (1) and subsection |
| 12 | (2) of section 459.0055, Florida Statutes, are amended to read: |
| 13 | 459.0055 General licensure requirements.- |
| 14 | (1) Except as otherwise provided herein, any person |
| 15 | desiring to be licensed or certified as an osteopathic physician |
| 16 | pursuant to this chapter shall: |
| 17 | (m) Demonstrate that she or he has obtained a passing |
| 18 | score, as established by rule of the board, on all parts of the |
| 19 | examination conducted by the National Board of Osteopathic |
| 20 | Medical Examiners or other examination approved by the board no |
| 21 | more than 5 years before making application in this state or, if |
| 22 | holding a valid active license in another state, that the |
| 23 | initial licensure in the other state occurred no more than 5 |
| 24 | years after the applicant obtained a passing score on the |
| 25 | examination conducted by the National Board of Osteopathic |
| 26 | Medical Examiners or other substantially similar examination |
| 27 | approved by the board. |
| 28 | (2) If the applicant holds a valid active license in |
| 29 | another state and it has been more than 2 years since the active |
| 30 | practice of osteopathic medicine, or if an applicant does not |
| 31 | hold a valid active license to practice osteopathic medicine in |
| 32 | another state and it has been more than 2 years since completion |
| 33 | of a resident internship, residency, or fellowship, and the |
| 34 | board determines that the applicant may lack clinical |
| 35 | competency, possess diminished or inadequate skills, lack |
| 36 | necessary medical knowledge, or exhibit patterns of deficits in |
| 37 | clinical decisionmaking, the board may: |
| 38 | (a) Deny the application; |
| 39 | (b) Issue a license having reasonable restrictions or |
| 40 | conditions that may include, but are not limited to, a |
| 41 | requirement for the applicant to practice under the supervision |
| 42 | of a physician approved by the board; or |
| 43 | (c) Issue a license upon receipt of documentation |
| 44 | confirming that the applicant has met any reasonable conditions |
| 45 | of the board which may include, but are not limited to, |
| 46 | completing continuing education or undergoing an assessment of |
| 47 | skills and training. For an applicant holding a valid active |
| 48 | license in another state, he or she shall submit evidence of the |
| 49 | active licensed practice of medicine in another jurisdiction in |
| 50 | which initial licensure must have occurred no more than 5 years |
| 51 | after the applicant obtained a passing score on the examination |
| 52 | conducted by the National Board of Medical Examiners or other |
| 53 | substantially similar examination approved by the board; |
| 54 | however, such practice of osteopathic medicine may have been |
| 55 | interrupted for a period totaling no more than 2 years or for a |
| 56 | longer period if the board determines that the interruption of |
| 57 | the osteopathic physician's practice of osteopathic medicine for |
| 58 | such longer period has not adversely affected the osteopathic |
| 59 | physician's present ability and fitness to practice osteopathic |
| 60 | medicine. |
| 61 | Section 2. Subsections (1), (3), (4), and (6) of section |
| 62 | 459.021, Florida Statutes, are amended to read: |
| 63 | 459.021 Registration of resident physicians, interns, and |
| 64 | fellows; list of hospital employees; penalty.- |
| 65 | (1) Any person who holds a degree of Doctor of Osteopathic |
| 66 | Medicine from a college of osteopathic medicine recognized and |
| 67 | approved by the American Osteopathic Association who desires to |
| 68 | practice as a resident physician, assistant resident physician, |
| 69 | house physician, intern, or fellow in fellowship training which |
| 70 | leads to subspecialty board certification in this state, or any |
| 71 | person desiring to practice as a resident physician, assistant |
| 72 | resident physician, house physician, intern, or fellow in |
| 73 | fellowship training in a teaching hospital in this state as |
| 74 | defined in s. 408.07(45) or s. 395.805(2), who does not hold an |
| 75 | active license issued under this chapter shall apply to the |
| 76 | department to be registered, on an application provided by the |
| 77 | department, before commencing such a training program and shall |
| 78 | remit a fee not to exceed $300 as set by the board. |
| 79 | (3) Every hospital or teaching hospital having employed or |
| 80 | contracted with or utilized the services of a person who holds a |
| 81 | degree of Doctor of Osteopathic Medicine from a college of |
| 82 | osteopathic medicine recognized and approved by the American |
| 83 | Osteopathic Association as a resident physician, assistant |
| 84 | resident physician, house physician, intern, or fellow in |
| 85 | fellowship training registered under this section shall |
| 86 | designate a person who shall furnish, on dates designated by the |
| 87 | board, in consultation with the department, to the department a |
| 88 | list of all such persons who have served in such hospital during |
| 89 | the preceding 6-month period. The chief executive officer of |
| 90 | each such hospital shall provide the executive director of the |
| 91 | board with the name, title, and address of the person |
| 92 | responsible for filing such reports. |
| 93 | (4) The registration may be revoked or the department may |
| 94 | refuse to issue any registration for any cause which would be a |
| 95 | ground for its revocation or refusal to issue a license to |
| 96 | practice osteopathic medicine, as well as on the following |
| 97 | grounds: |
| 98 | (a) Omission of the name of an intern, resident physician, |
| 99 | assistant resident physician, house physician, or fellow in |
| 100 | fellowship training from the list of employees required by |
| 101 | subsection (3) to be furnished to the department by the hospital |
| 102 | or teaching hospital served by the employee. |
| 103 | (b) Practicing osteopathic medicine outside of a bona fide |
| 104 | hospital training program. |
| 105 | (6) Any person desiring registration pursuant to this |
| 106 | section shall meet all the requirements of s. 459.0055, except |
| 107 | paragraphs (1)(l) and (m). |
| 108 | Section 3. This act shall take effect July 1, 2012. |