Florida Senate - 2017                              CS for SB 496
       By the Committee on Health Policy; and Senators Brandes and
       588-02418-17                                           2017496c1
    1                        A bill to be entitled                      
    2         An act relating to medical faculty certification;
    3         amending s. 456.013, F.S.; providing criteria for an
    4         applicant of a temporary certificate for visiting
    5         physicians to obtain medical privileges for
    6         instructional purposes who has not been issued a
    7         social security number; amending s. 458.3137, F.S.;
    8         revising the circumstances under which visiting
    9         physicians may be issued a temporary certificate to
   10         obtain medical privileges for instructional purposes;
   11         amending s. 458.3145, F.S.; revising the list of
   12         schools at which certain faculty members are eligible
   13         to receive a medical faculty certificate; authorizing
   14         a certificateholder to practice at certain specialty
   15         licensed children’s hospitals; revising provisions to
   16         authorize the medical director of certain specialty
   17         licensed children’s hospitals to request the provision
   18         by physicians, under certain circumstances, of medical
   19         care or treatment in connection with education;
   20         providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Subsection (1) of section 456.013, Florida
   25  Statutes, is amended to read:
   26         456.013 Department; general licensing provisions.—
   27         (1)(a) Any person desiring to be licensed in a profession
   28  within the jurisdiction of the department shall apply to the
   29  department in writing to take the licensure examination. The
   30  application shall be made on a form prepared and furnished by
   31  the department. The application form must be available on the
   32  World Wide Web and the department may accept electronically
   33  submitted applications beginning July 1, 2001. The application
   34  shall require the social security number of the applicant,
   35  except as provided in paragraphs paragraph (b) and (c). The form
   36  shall be supplemented as needed to reflect any material change
   37  in any circumstance or condition stated in the application which
   38  takes place between the initial filing of the application and
   39  the final grant or denial of the license and which might affect
   40  the decision of the department. If an application is submitted
   41  electronically, the department may require supplemental
   42  materials, including an original signature of the applicant and
   43  verification of credentials, to be submitted in a nonelectronic
   44  format. An incomplete application shall expire 1 year after
   45  initial filing. In order to further the economic development
   46  goals of the state, and notwithstanding any law to the contrary,
   47  the department may enter into an agreement with the county tax
   48  collector for the purpose of appointing the county tax collector
   49  as the department’s agent to accept applications for licenses
   50  and applications for renewals of licenses. The agreement must
   51  specify the time within which the tax collector must forward any
   52  applications and accompanying application fees to the
   53  department.
   54         (b) If an applicant has not been issued a social security
   55  number by the Federal Government at the time of application
   56  because the applicant is not a citizen or resident of this
   57  country, the department may process the application using a
   58  unique personal identification number. If such an applicant is
   59  otherwise eligible for licensure, the board, or the department
   60  when there is no board, may issue a temporary license to the
   61  applicant, which shall expire 30 days after issuance unless a
   62  social security number is obtained and submitted in writing to
   63  the department. Upon receipt of the applicant’s social security
   64  number, the department shall issue a new license, which shall
   65  expire at the end of the current biennium.
   66         (c) Notwithstanding any other provision of law, if an
   67  applicant for a temporary certificate as set forth in s.
   68  458.3137 has not been issued a social security number by the
   69  Federal Government at the time of application because the
   70  applicant is not a citizen or resident of this country, the
   71  department shall process the application using a unique personal
   72  identification number. If such applicant is otherwise eligible
   73  for the temporary certificate, the board, or the department when
   74  there is no board, shall issue the temporary certificate without
   75  requiring the applicant to provide a social security number.
   76         Section 2. Subsection (1) of section 458.3137, Florida
   77  Statutes, is amended to read:
   78         458.3137 Temporary certificate for visiting physicians to
   79  obtain medical privileges for instructional purposes in
   80  conjunction with certain plastic surgery or other medical or
   81  surgical training programs and educational symposiums.—
   82         (1) A physician who has been invited by:
   83         (a) A plastic surgery or other medical or surgical training
   84  program affiliated with a medical school in this state which is
   85  accredited by the Accreditation Council for Graduate Medical
   86  Education or the American Osteopathic Association or which is
   87  part of a teaching hospital as defined in s. 408.07; or
   88         (b) An educational symposium cosponsored by the American
   89  Society of Plastic Surgeons, the Plastic Surgery Educational
   90  Foundation, the American Society for Aesthetic Plastic Surgery,
   91  or any other medical or surgical society in conjunction with a
   92  medical school or teaching hospital as defined in s. 408.07,
   94         may be issued a temporary certificate for limited
   95  privileges solely for purposes of providing educational training
   96  in plastic surgery or other medical or surgical procedures, as
   97  appropriate, in accordance with the restrictions set forth in
   98  this section.
   99         Section 3. Section 458.3145, Florida Statutes, is amended
  100  to read:
  101         458.3145 Medical faculty certificate.—
  102         (1) A medical faculty certificate may be issued without
  103  examination to an individual who:
  104         (a) Is a graduate of an accredited medical school or its
  105  equivalent, or is a graduate of a foreign medical school listed
  106  with the World Health Organization;
  107         (b) Holds a valid, current license to practice medicine in
  108  another jurisdiction;
  109         (c) Has completed the application form and remitted a
  110  nonrefundable application fee not to exceed $500;
  111         (d) Has completed an approved residency or fellowship of at
  112  least 1 year or has received training which has been determined
  113  by the board to be equivalent to the 1-year residency
  114  requirement;
  115         (e) Is at least 21 years of age;
  116         (f) Is of good moral character;
  117         (g) Has not committed any act in this or any other
  118  jurisdiction which would constitute the basis for disciplining a
  119  physician under s. 458.331;
  120         (h) For any applicant who has graduated from medical school
  121  after October 1, 1992, has completed, before entering medical
  122  school, the equivalent of 2 academic years of preprofessional,
  123  postsecondary education, as determined by rule of the board,
  124  which must include, at a minimum, courses in such fields as
  125  anatomy, biology, and chemistry; and
  126         (i) Has been offered and has accepted a full-time faculty
  127  appointment to teach in a program of medicine at:
  128         1. The University of Florida;
  129         2. The University of Miami;
  130         3. The University of South Florida;
  131         4. The Florida State University;
  132         5. The Florida International University;
  133         6. The University of Central Florida;
  134         7. The Mayo Clinic College of Medicine in Jacksonville,
  135  Florida; or
  136         8. The Florida Atlantic University; or
  137         9.The Johns Hopkins All Children’s Hospital in St.
  138  Petersburg, Florida.
  139         (2) The certificate authorizes the holder to practice only
  140  in conjunction with his or her faculty position at an accredited
  141  medical school and its affiliated clinical facilities or
  142  teaching hospitals that are registered with the Board of
  143  Medicine as sites at which holders of medical faculty
  144  certificates will be practicing, or a specialty-licensed
  145  children’s hospital licensed under chapter 395 that is
  146  affiliated with an accredited medical school and its affiliated
  147  clinics. Such certificate automatically expires when the
  148  holder’s relationship with the medical school is terminated or
  149  after a period of 24 months, whichever occurs sooner, and is
  150  renewable every 2 years by a holder who applies to the board on
  151  a form prescribed by the board and provides certification by the
  152  dean of the medical school that the holder is a distinguished
  153  medical scholar and an outstanding practicing physician.
  154         (3) The holder of a medical faculty certificate issued
  155  under this section has all rights and responsibilities
  156  prescribed by law for the holder of a license issued under s.
  157  458.311, except as specifically provided otherwise by law. Such
  158  responsibilities include compliance with continuing medical
  159  education requirements as set forth by rule of the board. A
  160  hospital or ambulatory surgical center licensed under chapter
  161  395, health maintenance organization certified under chapter
  162  641, insurer as defined in s. 624.03, multiple-employer welfare
  163  arrangement as defined in s. 624.437, or any other entity in
  164  this state, in considering and acting upon an application for
  165  staff membership, clinical privileges, or other credentials as a
  166  health care provider, may not deny the application of an
  167  otherwise qualified physician for such staff membership,
  168  clinical privileges, or other credentials solely because the
  169  applicant is a holder of a medical faculty certificate under
  170  this section.
  171         (4) In any year, the maximum number of extended medical
  172  faculty certificateholders as provided in subsection (2) may not
  173  exceed 30 persons at each institution named in subparagraphs
  174  (1)(i)1.-6., 8., and 9. and 8. and at the facility named in s.
  175  1004.43 and may not exceed 10 persons at the institution named
  176  in subparagraph (1)(i)7.
  177         (5) Annual review of all such certificate recipients will
  178  be made by the deans of the accredited 4-year medical schools
  179  provided in paragraph (1)(i) within this state and reported to
  180  the Board of Medicine.
  181         (6) Notwithstanding subsection (1), any physician, when
  182  providing medical care or treatment in connection with the
  183  education of students, residents, or faculty at the request of
  184  the dean of an accredited medical school within this state or at
  185  the request of the medical director of a statutory teaching
  186  hospital as defined in s. 408.07 or a specialty-licensed
  187  children’s hospital licensed under chapter 395 which is
  188  affiliated with an accredited medical school and its affiliated
  189  clinics, may do so upon registration with the board and
  190  demonstration of financial responsibility pursuant to s.
  191  458.320(1) or (2) unless such physician is exempt under s.
  192  458.320(5)(a). The performance of such medical care or treatment
  193  must be limited to a single period of time, which may not exceed
  194  180 consecutive days, and must be rendered within a facility
  195  registered under subsection (2) or within a statutory teaching
  196  hospital as defined in s. 408.07. A registration fee not to
  197  exceed $300, as set by the board, is required of each physician
  198  registered under this subsection. However, no more than three
  199  physicians per year per institution may be registered under this
  200  subsection, and an exemption under this subsection may not be
  201  granted to a physician more than once in any given 5-year
  202  period.
  203         Section 4. This act shall take effect July 1, 2017.