Florida Senate - 2017                                    SB 1718
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01488-17                                            20171718__
    1                        A bill to be entitled                      
    2         An act relating to licensure of a doctor of medical
    3         science; creating ss. 458.3471 and 459.0221, F.S.;
    4         defining terms; establishing licensure for a doctor of
    5         medical science; specifying requirements regarding
    6         applications for licensure and for renewals thereof;
    7         specifying the scope of practice; specifying
    8         applicable law regarding the reactivation of inactive
    9         or delinquent licenses; providing penalties;
   10         authorizing the Board of Medicine and the Board of
   11         Osteopathic Medicine to deny, suspend, or revoke a
   12         license under specified circumstances; providing for
   13         rulemaking; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 458.3471, Florida Statutes, is created
   18  to read:
   19         458.3471 Doctor of medical science.—
   20         (1) DEFINITIONS.—As used in this section, the term:
   21         (a) “Boards” means the Board of Medicine and the Board of
   22  Osteopathic Medicine.
   23         (b) “Continuing medical education” means courses recognized
   24  and approved by the boards, the American Academy of Physician
   25  Assistants, the American Medical Association, the American
   26  Osteopathic Association, or the Accreditation Council on
   27  Continuing Medical Education.
   28         (c) “Doctor of medical science” means an individual who is
   29  a graduate of a doctor of medical science program; meets the
   30  requirements of this section; lawfully renders services, whether
   31  diagnostic or therapeutic in the practice of primary care; and
   32  has been issued a license pursuant to subsection (2).
   33         (d) “Doctor of medical science program” means an accredited
   34  doctoral medical program, formally approved by the boards, which
   35  trains physician assistants in advanced clinical medicine and
   36  further prepares the physician assistants for clinical practice
   37  equivalent to a physician in the practice discipline of primary
   38  care.
   39         (e) “Physician assistant” means an individual:
   40         1. Licensed under s. 458.347 or s. 459.022; or
   41         2. Licensed under the laws of another state as a physician
   42  assistant.
   43         (f) “Proficiency examination” means an entry-level
   44  examination approved by the boards.
   45         (2) LICENSURE.—
   46         (a) A person desiring to be licensed as a doctor of medical
   47  science must apply to the department. The department shall issue
   48  a license to any person certified by the boards as having met
   49  all of the following requirements:
   50         1. Has previously been licensed, and served, in clinical
   51  practice for at least 3 years in one or more states as a
   52  physician assistant.
   53         2. Is a graduate of a minimum 2-year doctor of medical
   54  science program accredited by a regional or professional
   55  accrediting body recognized and approved by the United States
   56  Department of Education.
   57         3. Has satisfactorily passed a proficiency examination.
   58         4. Provides satisfactory evidence of an affiliation or
   59  association with a hospital or group practice or with a list of
   60  physicians who have medical expertise outside the expertise of
   61  the person seeking licensure as a doctor of medical science.
   62         5. Has completed the application form and remitted an
   63  application fee not to exceed $500 as set by the boards. An
   64  application for licensure of doctor of medical science must
   65  include:
   66         a. A certificate of completion of a doctor of medical
   67  science program.
   68         b. A sworn statement of any prior felony conviction.
   69         c. A sworn statement of any prior discipline or denial of
   70  licensure or certification in any state.
   71         (b) The license must be renewed biennially. Each renewal
   72  application must include all of the following:
   73         1. A renewal fee not to exceed $500 as set by the boards.
   74         2. Acknowledgement of no felony convictions in the previous
   75  2 years.
   76         3. Satisfactory evidence of an affiliation or association
   77  with a hospital or group practice or with a list of physicians
   78  who have medical expertise outside the expertise of the person
   79  seeking licensure renewal as a doctor of medical science.
   80         (c) Each doctor of medical science shall biennially
   81  complete 100 hours of continuing medical education.
   82         (3) SCOPE OF PRACTICE.—Licensure as a doctor of medical
   83  science may not be construed to provide the scope of practice
   84  that is authorized for a physician licensed under this chapter
   85  or chapter 459.
   86         (4) INACTIVE AND DELINQUENT STATUS.—A license on inactive
   87  or delinquent status may be reactivated only as provided in s.
   88  456.036.
   89         (5) PENALTY.—A person who falsely holds himself or herself
   90  out as a doctor of medical science commits a felony of the third
   91  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   92  775.084.
   93         (6) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The
   94  boards may deny, suspend, or revoke a doctor of medical science
   95  license if a board determines that a doctor of medical science
   96  has violated any provision of this section or chapter or any
   97  rule adopted thereto.
   98         (7) RULES.—
   99         (a) The boards may adopt rules relating to the scope of
  100  practice, application process, license renewal, and other areas
  101  as the boards deem necessary for licensure of doctors of medical
  102  science.
  103         (b) The boards may establish a committee on doctors of
  104  medical science to advise the boards as to adoption of rules for
  105  the licensure of doctors of medical science.
  106         Section 2. Section 459.0221, Florida Statutes, is created
  107  to read:
  108         459.0221 Doctor of medical science.—
  109         (1) DEFINITIONS.—As used in this section, the term:
  110         (a) “Boards” means the Board of Medicine and the Board of
  111  Osteopathic Medicine.
  112         (b) “Continuing medical education” means courses recognized
  113  and approved by the boards, the American Academy of Physician
  114  Assistants, the American Medical Association, the American
  115  Osteopathic Association, or the Accreditation Council on
  116  Continuing Medical Education.
  117         (c) “Doctor of medical science” means an individual who is
  118  a graduate of a doctor of medical science program; meets the
  119  requirements of this section; lawfully renders services, whether
  120  diagnostic or therapeutic in the practice of primary care; and
  121  has been issued a license pursuant to subsection (2).
  122         (d) “Doctor of medical science program” means an accredited
  123  doctoral medical program, formally approved by the boards, which
  124  trains physician assistants in advanced clinical medicine and
  125  further prepares the physician assistants for clinical practice
  126  equivalent to a physician in the practice discipline of primary
  127  care.
  128         (e) “Physician assistant” means an individual:
  129         1. Licensed under s. 458.347 or s. 459.022; or
  130         2. Licensed under the laws of another state as a physician
  131  assistant.
  132         (f) “Proficiency examination” means an entry-level
  133  examination approved by the boards.
  134         (2) LICENSURE.—
  135         (a) A person desiring to be licensed as a doctor of medical
  136  science must apply to the department. The department shall issue
  137  a license to any person certified by the boards as having met
  138  all of the following requirements:
  139         1. Has previously been licensed, and served, in clinical
  140  practice for at least 3 years in one or more states as a
  141  physician assistant.
  142         2. Is a graduate of a minimum 2-year doctor of medical
  143  science program accredited by a regional or professional
  144  accrediting body recognized and approved by the United States
  145  Department of Education.
  146         3. Has satisfactorily passed a proficiency examination.
  147         4. Provides satisfactory evidence of an affiliation or
  148  association with a hospital or group practice or with a list of
  149  physicians who have medical expertise outside the expertise of
  150  the person seeking licensure as a doctor of medical science.
  151         5. Has completed the application form and remitted an
  152  application fee not to exceed $500 as set by the boards. An
  153  application for licensure of doctor of medical science must
  154  include:
  155         a. A certificate of completion of a doctor of medical
  156  science program.
  157         b. A sworn statement of any prior felony convictions.
  158         c. A sworn statement of any prior discipline or denial of
  159  licensure or certification in any state.
  160         (b) The license must be renewed biennially. Each renewal
  161  application must include all of the following:
  162         1. A renewal fee not to exceed $500 as set by the boards.
  163         2. Acknowledgement of no felony convictions in the previous
  164  2 years.
  165         3. Satisfactory evidence of an affiliation or association
  166  with a hospital or group practice or with a list of physicians
  167  who have medical expertise outside the expertise of the person
  168  seeking licensure as a doctor of medical science.
  169         (c) Each licensed doctor of medical science shall
  170  biennially complete 100 hours of continuing medical education.
  171         (3) SCOPE OF PRACTICE.—Licensure as a doctor of medical
  172  science may not be construed to provide the scope of practice
  173  that is authorized for a physician licensed under this chapter
  174  or chapter 458.
  175         (4) INACTIVE AND DELINQUENT STATUS.—A license on inactive
  176  or delinquent status may be reactivated only as provided in s.
  177  456.036.
  178         (5) PENALTY.—A person who falsely holds himself or herself
  179  out as a doctor of medical science commits a felony of the third
  180  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  181  775.084.
  182         (6) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The
  183  boards may deny, suspend, or revoke a doctor of medical science
  184  license if a board determines that a doctor of medical science
  185  has violated any provision of this section or chapter or any
  186  rule adopted thereto.
  187         (7) RULES.—
  188         (a) The boards may adopt rules relating to the scope of
  189  practice, application process, license renewal, and other areas
  190  as the boards deem necessary for licensure of doctors of medical
  191  science.
  192         (b) The boards may establish a committee on doctors of
  193  medical science to advise the boards as to adoption of rules for
  194  the licensure of doctors of medical science.
  195         Section 3. This act shall take effect January 1, 2018.