Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 860
       
       
       
       
       
       
                                Ì570084(Î570084                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/06/2014           .                                
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       following:
       
    1         Senate Amendment to Amendment (936674) (with title
    2  amendment)
    3  
    4         Between lines 898 and 899
    5  insert:
    6         Section 27. Subsections (3) through (5) of section 458.315,
    7  Florida Statutes, are renumbered as subsections (2) through (4),
    8  respectively, and subsections (1) and (2) of that section are
    9  amended, to read:
   10         458.315 Temporary certificate for practice in areas of
   11  critical need.—
   12         (1) A certificate issued pursuant to this section may be
   13  cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
   14  Certificate for Practice in Areas of Critical Need.”
   15         (1)(2)A Any physician who:
   16         (a) is licensed to practice in any jurisdiction of in the
   17  United States and whose license is currently valid; or
   18         (b) Has served as a physician in the United States Armed
   19  Forces for at least 10 years and received an honorable discharge
   20  from the military;
   21  
   22  and who pays an application fee of $300 may be issued a
   23  temporary certificate for practice in areas of critical need.
   24         Section 28. Section 458.3151, Florida Statutes, is created
   25  to read:
   26         458.3151 Temporary certificate for active duty military and
   27  veterans practicing in areas of critical need.—
   28         (1) A certificate issued pursuant to this section may be
   29  cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
   30  Certificate for Practice in Areas of Critical Need.”
   31         (2) The board may issue a temporary certificate to a
   32  physician who complies with subsection (3) and who will:
   33         (a) Practice in an area of critical need;
   34         (b) Be employed by or practice in a county health
   35  department; correctional facility; Department of Veterans’
   36  Affairs clinic; community health center funded by s. 329, s.
   37  330, or s. 340 of the United States Public Health Services Act;
   38  or other agency or institution that is approved by the State
   39  Surgeon General and provides health care to meet the needs of
   40  underserved populations in this state; or
   41         (c) Practice for a limited time to address critical
   42  physician-specialty, demographic, or geographic needs for this
   43  state’s physician workforce as determined by the State Surgeon
   44  General.
   45         (3) To be eligible for a temporary certificate, a physician
   46  must submit to the board:
   47         (a) A complete application.
   48         (b) Proof of an active and valid license to practice in a
   49  jurisdiction of the United States.
   50         (c) If on active duty, a letter from the physician’s
   51  military command authorizing the physician to practice medicine
   52  at an approved entity in an area of critical need.
   53         (d) Documentation demonstrating the physician is serving on
   54  active duty in the United States Armed Forces as a commissioned
   55  medical officer or has served as a commissioned medical officer
   56  in the United States Armed Forces for at least 10 years and
   57  received an honorable discharge from the military.
   58         (4) The board shall use a simplified application for a
   59  temporary certificate for practice in areas of critical need to
   60  reduce administrative impediments and maximize participation.
   61         (5) The application fee and all licensure fees, including
   62  neurological injury compensation assessments, shall be waived
   63  for a physician obtaining a temporary certificate to practice in
   64  areas of critical need for the purpose of providing volunteer,
   65  uncompensated care for low-income residents. The applicant must
   66  submit an affidavit from the employing agency or institution
   67  stating that the physician will not receive any compensation for
   68  any service involving the practice of medicine.
   69         (6)(a) Within 60 days after receipt of a complete
   70  application for a temporary certificate, the board shall review
   71  the application and associated documentation and:
   72         1. Issue the temporary certificate;
   73         2. Deny the temporary certificate; or
   74         3. Require the applicant to complete additional assessment,
   75  training, education, or other requirements as a condition of
   76  certification. The board shall issue a temporary certificate
   77  upon receipt of documentation demonstrating that the
   78  requirements of the board have been met.
   79         (b) If an applicant has not actively practiced medicine
   80  during the prior 3 years and the board determines the applicant
   81  may lack clinical competency, possess diminished or inadequate
   82  skills, lack necessary medical knowledge, or exhibit patterns of
   83  deficits in clinical decisionmaking, the board may, within 60
   84  days after receipt of a complete application:
   85         1. Deny the application;
   86         2. Issue a temporary certificate having reasonable
   87  restrictions, including, but not limited to, a requirement that
   88  the applicant practice under the supervision of a physician
   89  approved by the board; or
   90         3. Issue a temporary certificate upon receipt of
   91  documentation confirming that the applicant has met any
   92  reasonable conditions of the board, including, but not limited
   93  to, completing continuing education or undergoing an assessment
   94  of skills and training.
   95         (c) The board may not issue a temporary certificate for
   96  practice in areas of critical need to a physician who is under
   97  investigation in any jurisdiction of the United States for an
   98  act that would constitute a violation of this chapter until such
   99  time as the investigation is complete, at which time the
  100  provisions of s. 458.331 apply.
  101         (7) The recipient of a temporary certificate for practice
  102  in areas of critical need shall, within 30 days after accepting
  103  employment, notify the board of all approved institutions in
  104  which the licensee practices and of all approved institutions
  105  where practice privileges have been denied. A physician holding
  106  a temporary certificate for practice in areas of critical need
  107  may enter into a contract to provide volunteer health care
  108  services pursuant to s. 766.1115.
  109         (8) A temporary certificate issued under this section is
  110  valid only so long as the State Surgeon General determines that
  111  the reason for which it was issued remains a critical need to
  112  the state. The board shall review each temporary
  113  certificateholder at least annually to ascertain compliance with
  114  the minimum requirements of this chapter, including this
  115  section, and rules adopted thereunder. If it is determined that
  116  such minimum requirements are not being met, the board shall
  117  revoke such certificate or shall impose restrictions or
  118  conditions, or both, as a condition of continued practice under
  119  the certificate.
  120         Section 29. Subsections (3) through (5) of section
  121  459.0076, Florida Statutes, are renumbered as subsections (2)
  122  through (4), respectively, and subsections (1) and (2) of that
  123  section are amended, to read:
  124         459.0076 Temporary certificate for practice in areas of
  125  critical need.—
  126         (1) A certificate issued pursuant to this section may be
  127  cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
  128  Certificate for Practice in Areas of Critical Need.”
  129         (1)(2)A Any physician who:
  130         (a) is licensed to practice in any jurisdiction of in the
  131  United States and whose license is currently valid; or
  132         (b) Has served as a physician in the United States Armed
  133  Forces for at least 10 years and received an honorable discharge
  134  from the military;
  135  
  136  and who pays an application fee of $300 may be issued a
  137  temporary certificate for practice in areas of critical need.
  138         Section 30. Section 459.00761, Florida Statutes, is created
  139  to read:
  140         459.00761 Temporary certificate for active duty military
  141  and veterans practicing in areas of critical need.—
  142         (1) A certificate issued pursuant to this section may be
  143  cited as the “Rear Admiral LeRoy Collins, Jr., Temporary
  144  Certificate for Practice in Areas of Critical Need.”
  145         (2) The board may issue a temporary certificate to a
  146  physician who complies with subsection (3) and who will:
  147         (a) Practice in an area of critical need;
  148         (b) Be employed by or practice in a county health
  149  department; correctional facility; Department of Veterans’
  150  Affairs clinic; community health center funded by s. 329, s.
  151  330, or s. 340 of the United States Public Health Services Act;
  152  or other agency or institution that is approved by the State
  153  Surgeon General and provides health care to meet the needs of
  154  underserved populations in this state; or
  155         (c) Practice for a limited time to address critical
  156  physician-specialty, demographic, or geographic needs for this
  157  state’s physician workforce as determined by the State Surgeon
  158  General.
  159         (3) To be eligible for a temporary certificate, a physician
  160  must submit to the board:
  161         (a) A complete application.
  162         (b) Proof of an active and valid license to practice in any
  163  jurisdiction of the United States.
  164         (c) If on active duty, a letter from the physician’s
  165  military command authorizing the physician to practice medicine
  166  at an approved entity in an area of critical need.
  167         (d) Documentation demonstrating the physician is serving on
  168  active duty in the United States Armed Forces as a commissioned
  169  medical officer or has served as a commissioned medical officer
  170  in the United States Armed Forces for at least 10 years and
  171  received an honorable discharge from the military.
  172         (4) The board shall use a simplified application for a
  173  temporary certificate for practice in areas of critical need to
  174  reduce administrative impediments and maximize participation.
  175         (5) The application fee and all licensure fees, including
  176  neurological injury compensation assessments, shall be waived
  177  for a physician obtaining a temporary certificate to practice in
  178  areas of critical need for the purpose of providing volunteer,
  179  uncompensated care for low-income residents. The applicant must
  180  submit an affidavit from the employing agency or institution
  181  stating that the physician will not receive any compensation for
  182  any service involving the practice of medicine.
  183         (6)(a) Within 60 days after receipt of a complete
  184  application for a temporary certificate, the board shall review
  185  the application and associated documentation and:
  186         1. Issue the temporary certificate;
  187         2. Deny the temporary certificate; or
  188         3. Require the applicant to complete additional assessment,
  189  training, education, or other requirements as a condition of
  190  certification. The board shall issue a temporary certificate
  191  upon receipt of documentation demonstrating that the
  192  requirements of the board have been met.
  193         (b) If an applicant has not actively practiced medicine
  194  during the prior 3 years and the board determines the applicant
  195  may lack clinical competency, possess diminished or inadequate
  196  skills, lack necessary medical knowledge, or exhibit patterns of
  197  deficits in clinical decisionmaking, the board may, within 60
  198  days after receipt of a complete application:
  199         1. Deny the application;
  200         2. Issue a temporary certificate having reasonable
  201  restrictions, including, but not limited to, a requirement that
  202  the applicant practice under the supervision of a physician
  203  approved by the board; or
  204         3. Issue a temporary certificate upon receipt of
  205  documentation confirming that the applicant has met any
  206  reasonable conditions of the board, including, but not limited
  207  to, completing continuing education or undergoing an assessment
  208  of skills and training.
  209         (c) The board may not issue a temporary certificate for
  210  practice in areas of critical need to a physician who is under
  211  investigation in any jurisdiction of the United States for an
  212  act that would constitute a violation of this chapter until such
  213  time as the investigation is complete, at which time the
  214  provisions of s. 459.015 apply.
  215         (7) The recipient of a temporary certificate for practice
  216  in areas of critical need shall, within 30 days after accepting
  217  employment, notify the board of all approved institutions in
  218  which the licensee practices and of all approved institutions
  219  where practice privileges have been denied. A physician holding
  220  a temporary certificate for practice in areas of critical need
  221  may enter into a contract to provide volunteer health care
  222  services pursuant to s. 766.1115.
  223         (8) A temporary certificate issued under this section is
  224  valid as long as the State Surgeon General determines that the
  225  reason for which it was issued remains a critical need to the
  226  state. The board shall review each temporary certificateholder
  227  at least annually to ascertain compliance with the minimum
  228  requirements of this chapter, including this section, and rules
  229  adopted thereunder. If it is determined that such minimum
  230  requirements are not being met, the board shall revoke such
  231  certificate or shall impose restrictions or conditions, or both,
  232  as a condition of continued practice under the certificate.
  233  
  234  ================= T I T L E  A M E N D M E N T ================
  235  And the title is amended as follows:
  236         Delete line 1092
  237  and insert:
  238         for certain health care practitioners; amending ss.
  239         458.315 and 459.0076, F.S.; revising provisions for
  240         issuance of temporary certificates for practice in
  241         areas of critical need to conform to changes made by
  242         the act; creating ss. 458.3151 and 459.00761, F.S.;
  243         providing application requirements and procedures for
  244         active duty military and veteran physicians to obtain
  245         temporary certificates for practice in areas of
  246         critical need; amending s.