Florida Senate - 2017 SB 706 By Senator Campbell 38-01388-17 2017706__ 1 A bill to be entitled 2 An act relating to licensure of internationally 3 trained physicians; amending s. 458.311, F.S.; 4 establishing licensure requirements for certain 5 foreign-trained physicians; authorizing the Board of 6 Medicine to impose licensure restrictions, 7 limitations, or conditions on certain foreign-trained 8 physicians; 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 Spoken English of the Educational Testing Service or a similar 33 test approved by rule of the board; and 34 c. Has completed an approved residency of at least 1 year. 35 2.a. Is a graduate of an allopathic foreign medical school 36 registered with the World Health Organization and certified 37 pursuant to s. 458.314 as having met the standards required to 38 accredit medical schools in the United States or reasonably 39 comparable standards; 40 b. If the language of instruction of the foreign medical 41 school is other than English, has demonstrated competency in 42 English through presentation of the Educational Commission for 43 Foreign Medical Graduates English proficiency certificate or by 44 a satisfactory grade on the Test of Spoken English of the 45 Educational Testing Service or a similar test approved by rule 46 of the board; and 47 c. Has completed an approved residency of at least 1 year. 48 3.a. Is a graduate of an allopathic foreign medical school 49 which has not been certified pursuant to s. 458.314; 50 b. Has had his or her medical credentials evaluated by the 51 Educational Commission for Foreign Medical Graduates, holds an 52 active, valid certificate issued by that commission, and has 53 passed the examination utilized by that commission; and 54 c. Has completed an approved residency of at least 1 year; 55 however, after October 1, 1992, the applicant shall have 56 completed an approved residency or fellowship of at least 2 57 years in one specialty area. However, to be acceptable, the 58 fellowship experience and training must be counted toward 59 regular or subspecialty certification by a board recognized and 60 certified by the American Board of Medical Specialties. 61 4.a. Is a graduate of an allopathic foreign medical school 62 that is listed in the World Directory of Medical Schools 63 produced by the World Federation for Medical Education and the 64 Foundation for Advancement of International Medical Education 65 and Research, in collaboration with the World Health 66 Organization; that is accredited by an accrediting agency 67 recognized by the governmental body of the foreign jurisdiction; 68 but that is not certified pursuant to s. 458.314; 69 b. If the language of instruction of the foreign medical 70 school is other than English, has demonstrated competency in 71 English through presentation of a satisfactory grade on the Test 72 of Spoken English of the Educational Testing Service or a 73 similar test approved by rule of the board; 74 c. Has completed an approved residency or fellowship of at 75 least 1 year in one specialty area, which must be counted toward 76 regular or subspecialty certification by a board recognized and 77 certified by the American Board of Medical Specialties; and 78 d. Has held an active physician license and practiced 79 medicine in a foreign jurisdiction for at least 10 years 80 immediately preceding the application for licensure under this 81 section. 82 (h) Has obtained a passing score, as established by rule of 83 the board, on the licensure examination of the United States 84 Medical Licensing Examination (USMLE); or a combination of the 85 United States Medical Licensing Examination (USMLE), the 86 examination of the Federation of State Medical Boards of the 87 United States, Inc. (FLEX), or the examination of the National 88 Board of Medical Examiners up to the year 2000; or for the 89 purpose of examination of any applicant who was licensed on the 90 basis of a state board examination and who is currently licensed 91 in at least one other jurisdiction of the United States or 92 Canada, and who has practiced pursuant to such licensure for a 93 period of at least 10 years, use of the Special Purpose 94 Examination of the Federation of State Medical Boards of the 95 United States (SPEX) upon receipt of a passing score as 96 established by rule of the board. An applicant meeting the 97 medical education and postgraduate training requirements in 98 subparagraph (f)4. may meet the examination requirement of this 99 paragraph by obtaining a passing score on an examination 100 determined by the board to be substantially equivalent to, or 101 more stringent than, the United States Medical Licensing 102 Examination (USMLE). However, for the purpose of examination of 103 any applicant who was licensed on the basis of a state board 104 examination prior to 1974, who is currently licensed in at least 105 three other jurisdictions of the United States or Canada, and 106 who has practiced pursuant to such licensure for a period of at 107 least 20 years, this paragraph does not apply. 108 (7) Upon certification by the board, the department shall 109 impose conditions, limitations, or restrictions on a license if 110 the applicant is on probation in another jurisdiction for an act 111 that
whichwould constitute a violation of this chapter. The 112 board may certify an applicant for licensure who has met the 113 medical education and postgraduate training requirements under 114 subparagraph (1)(f)4. and all other licensure requirements with 115 a condition, limitation, or restriction, including, but not 116 limited to, a probationary period of practice, a scope of 117 practice limitation, or a supervision requirement, which shall 118 be imposed by the department for a duration specified by the 119 board. 120 Section 2. This act shall take effect July 1, 2017.