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 which would 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.