Florida Senate - 2016 SB 1626 By Senator Hutson 6-01677A-16 20161626__ 1 A bill to be entitled 2 An act relating to licensure of foreign-trained 3 physicians; amending s. 458.311, F.S.; establishing 4 licensure requirements for certain foreign-trained 5 physicians; authorizing the Board of Medicine to 6 impose licensure restrictions, limitations, or 7 conditions on certain foreign-trained physicians; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Paragraphs (f) and (h) of subsection (1) and 13 subsection (7) of section 458.311, Florida Statutes, are amended 14 to read: 15 458.311 Licensure by examination; requirements; fees.— 16 (1) Any person desiring to be licensed as a physician, who 17 does not hold a valid license in any state, shall apply to the 18 department on forms furnished by the department. The department 19 shall license each applicant who the board certifies: 20 (f) Meets one of the following medical education and 21 postgraduate training requirements: 22 1.a. Is a graduate of an allopathic medical school or 23 allopathic college recognized and approved by an accrediting 24 agency recognized by the United States Office of Education or is 25 a graduate of an allopathic medical school or allopathic college 26 within a territorial jurisdiction of the United States 27 recognized by the accrediting agency of the governmental body of 28 that jurisdiction; 29 b. If the language of instruction of the medical school is 30 other than English, has demonstrated competency in English 31 through presentation of a satisfactory grade on the Test of 32 English as a Foreign Language
Test of Spoken Englishof the 33 Educational Testing Service or a similar test approved by rule 34 of the board; and 35 c. Has completed an approved residency of at least 1 year. 36 2.a. Is a graduate of an allopathic foreign medical school 37 registered with the World Health Organization and certified 38 pursuant to s. 458.314 as having met the standards required to 39 accredit medical schools in the United States or reasonably 40 comparable standards; 41 b. If the language of instruction of the foreign medical 42 school is other than English, has demonstrated competency in 43 English through presentation of the Educational Commission for 44 Foreign Medical Graduates English proficiency certificate or by 45 a satisfactory grade on the Test of English as a Foreign 46 Language Test of Spoken Englishof the Educational Testing 47 Service or a similar test approved by rule of the board; and 48 c. Has completed an approved residency of at least 1 year. 49 3.a. Is a graduate of an allopathic foreign medical school 50 which has not been certified pursuant to s. 458.314; 51 b. Has had his or her medical credentials evaluated by the 52 Educational Commission for Foreign Medical Graduates, holds an 53 active, valid certificate issued by that commission, and has 54 passed the examination utilized by that commission; and 55 c. Has completed an approved residency of at least 1 year; 56 however, after October 1, 1992, the applicant shall have 57 completed an approved residency or fellowship of at least 2 58 years in one specialty area. However, to be acceptable, the 59 fellowship experience and training must be counted toward 60 regular or subspecialty certification by a board recognized and 61 certified by the American Board of Medical Specialties. 62 4.a. Is a graduate of an allopathic foreign medical school 63 listed in the World Directory of Medical Schools and accredited 64 by an accrediting agency recognized by the governmental body of 65 the foreign jurisdiction, but which is not certified pursuant to 66 s. 458.314; 67 b. If the language of instruction of the foreign medical 68 school is other than English, has demonstrated competency in 69 English through presentation of a satisfactory grade on the Test 70 of English as a Foreign Language of the Educational Testing 71 Service or a similar test approved by rule of the board; 72 c. Has completed a board-approved residency or fellowship 73 of at least 1 year in one specialty area, which must be counted 74 toward regular or subspecialty certification by a board 75 recognized and certified by the American Board of Medical 76 Specialties; and 77 d. Has held an active physician license and practiced 78 medicine in a foreign jurisdiction for at least the 10 years 79 immediately preceding the application for licensure under this 80 section. 81 (h) Has obtained a passing score, as established by rule of 82 the board, on the licensure examination of the United States 83 Medical Licensing Examination (USMLE); or a combination of the 84 United States Medical Licensing Examination (USMLE), the 85 examination of the Federation of State Medical Boards of the 86 United States, Inc. (FLEX), or the examination of the National 87 Board of Medical Examiners up to the year 2000; or for the 88 purpose of examination of any applicant who was licensed on the 89 basis of a state board examination and who is currently licensed 90 in at least one other jurisdiction of the United States or 91 Canada, and who has practiced pursuant to such licensure for a 92 period of at least 10 years, use of the Special Purpose 93 Examination of the Federation of State Medical Boards of the 94 United States (SPEX) upon receipt of a passing score as 95 established by rule of the board. An applicant meeting the 96 medical education and postgraduate training requirements in 97 subparagraph (f)4. may meet the examination requirement of this 98 paragraph by obtaining a passing score on an examination 99 determined by the board to be substantially equivalent to, or 100 more stringent than, the United States Medical Licensing 101 Examination (USMLE). However, for the purpose of examination of 102 any applicant who was licensed on the basis of a state board 103 examination prior to 1974, who is currently licensed in at least 104 three other jurisdictions of the United States or Canada, and 105 who has practiced pursuant to such licensure for a period of at 106 least 20 years, this paragraph does not apply. 107 (7) Upon certification by the board, the department shall 108 impose conditions, limitations, or restrictions on a license if 109 the applicant is on probation in another jurisdiction for an act 110 which would constitute a violation of this chapter. The board 111 may certify an applicant for licensure who has met the medical 112 education and postgraduate training requirements under 113 subparagraph (1)(f)4. and all other licensure requirements with 114 a condition, limitation, or restriction, including, but not 115 limited to, a probationary period of practice, a scope of 116 practice limitation, or a supervision requirement, which shall 117 be imposed by the department for a duration specified by the 118 board. 119 Section 2. This act shall take effect July 1, 2016.