Florida Senate - 2017                                    SB 1354
       
       
        
       By Senator Young
       
       
       
       
       
       18-00951-17                                           20171354__
    1                        A bill to be entitled                      
    2         An act relating to maintenance of certification;
    3         creating ss. 458.3113 and 459.0056, F.S.; providing
    4         definitions; providing legislative intent; prohibiting
    5         the Boards of Medicine and Osteopathic Medicine,
    6         respectively, and the Department of Health, health
    7         care facilities, and insurers from requiring certain
    8         certifications as conditions of licensure,
    9         reimbursement, employment, or admitting privileges;
   10         providing construction; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 458.3113, Florida Statutes, is created
   15  to read:
   16         458.3113 Conditions of licensure, reimbursement,
   17  employment, or admitting privileges.—
   18         (1) For purposes of this section, the term:
   19         (a) “Maintenance of certification” means a periodic testing
   20  regimen, proprietary self-assessment requirement, peer
   21  evaluation, or other requirement imposed by a recognizing agency
   22  approved by the board pursuant to rule 64B8-11.001, Florida
   23  Administrative Code.
   24         (b) “Recertification” means a subsequent recognition or
   25  certification of educational or scholarly achievement beyond
   26  initial board certification in a subspecialty by a recognizing
   27  agency approved by the board pursuant to rule 64B8-11.001,
   28  Florida Administrative Code.
   29         (2) It is the intent of the Legislature to further improve
   30  the efficiency of the health care market and eliminate
   31  unnecessary administrative and regulatory requirements.
   32         (3) Notwithstanding any other provision of law, the board,
   33  the department, a health care facility licensed under chapter
   34  395, or an insurer as defined in s. 624.03 may not require
   35  maintenance of certification or recertification as a condition
   36  of licensure, reimbursement, employment, or admitting privileges
   37  for a physician who practices medicine and has achieved initial
   38  board certification in a subspecialty pursuant to this chapter.
   39         (4) This section may not be construed to prohibit the board
   40  from requiring continuing medical education pursuant to rule
   41  64B8-13.001, Florida Administrative Code.
   42         Section 2. Section 459.0056, Florida Statutes, is created
   43  to read:
   44         459.0056 Conditions of licensure, reimbursement,
   45  employment, or admitting privileges.—
   46         (1) For purposes of this section, the term:
   47         (a) “Maintenance of certification” means a periodic testing
   48  regimen, proprietary self-assessment requirement, peer
   49  evaluation, or other requirement imposed by a recognizing agency
   50  approved by the board pursuant to rule 64B15-14.001, Florida
   51  Administrative Code.
   52         (b) “Recertification” means a subsequent recognition or
   53  certification of educational or scholarly achievement beyond
   54  initial board certification in a subspecialty by a recognizing
   55  agency approved by the board pursuant to rule 64B15-14.001,
   56  Florida Administrative Code.
   57         (2) It is the intent of the Legislature to further improve
   58  the efficiency of the health care market and eliminate
   59  unnecessary administrative and regulatory requirements.
   60         (3) Notwithstanding any other provision of law, the board,
   61  the department, a health care facility licensed under chapter
   62  395, or an insurer as defined in s. 624.03 may not require
   63  maintenance of certification or recertification as a condition
   64  of licensure, reimbursement, employment, or admitting privileges
   65  for an osteopathic physician who practices medicine and has
   66  achieved initial board certification in a subspecialty pursuant
   67  to this chapter.
   68         (4) This section may not be construed to prohibit the board
   69  from requiring continuing medical education pursuant to rule
   70  64B15-13.001, Florida Administrative Code.
   71         Section 3. This act shall take effect July 1, 2017.