Florida Senate - 2017 CS for SB 496 By the Committee on Health Policy; and Senators Brandes and Passidomo 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. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 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 is87 part ofa 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, 93 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; or136 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 stateand 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.