458.311 Licensure by examination; requirements; fees.—
(1) Any person desiring to be licensed as a physician, who does not hold a valid license in any state, shall apply to the department on forms furnished by the department. The department shall license each applicant who the board certifies:
(a) Has completed the application form and remitted a nonrefundable application fee not to exceed $500.
(b) Is at least 21 years of age.
(c) Is of good moral character.
(d) Has not committed any act or offense in this or any other jurisdiction which would constitute the basis for disciplining a physician pursuant to s. 458.331.
(e) For any applicant who has graduated from medical school after October 1, 1992, has completed the equivalent of 2 academic years of preprofessional, postsecondary education, as determined by rule of the board, which shall include, at a minimum, courses in such fields as anatomy, biology, and chemistry prior to entering medical school.
(f) Meets one of the following medical education and postgraduate training requirements:
1.a. Is a graduate of an allopathic medical school or allopathic college recognized and approved by an accrediting agency recognized by the United States Office of Education or is a graduate of an allopathic medical school or allopathic college within a territorial jurisdiction of the United States recognized by the accrediting agency of the governmental body of that jurisdiction;
b. If the language of instruction of the medical school is other than English, has demonstrated competency in English through presentation of a satisfactory grade on the Test of Spoken English of the Educational Testing Service or a similar test approved by rule of the board; and
c. Has completed an approved residency of at least 1 year.
2.a. Is a graduate of an allopathic foreign medical school registered with the World Health Organization and certified pursuant to s. 458.314 as having met the standards required to accredit medical schools in the United States or reasonably comparable standards;
b. If the language of instruction of the foreign medical school is other than English, has demonstrated competency in English through presentation of the Educational Commission for Foreign Medical Graduates English proficiency certificate or by a satisfactory grade on the Test of Spoken English of the Educational Testing Service or a similar test approved by rule of the board; and
c. Has completed an approved residency of at least 1 year.
3.a. Is a graduate of an allopathic foreign medical school which has not been certified pursuant to s. 458.314 and has not been excluded from consideration under s. 458.314(8);
b. Has had his or her medical credentials evaluated by the Educational Commission for Foreign Medical Graduates, holds an active, valid certificate issued by that commission, and has passed the examination utilized by that commission; and
c. Has completed an approved residency of at least 1 year; however, after October 1, 1992, the applicant shall have completed an approved residency or fellowship of at least 2 years in one specialty area. However, to be acceptable, the fellowship experience and training must be counted toward regular or subspecialty certification by a board recognized and certified by the American Board of Medical Specialties.
(g) Has submitted to the department a set of fingerprints on a form and under procedures specified by the department, along with a payment in an amount equal to the costs incurred by the Department of Health for the criminal background check of the applicant.
(h) Has obtained a passing score, as established by rule of the board, on the licensure examination of the United States Medical Licensing Examination (USMLE); or a combination of the United States Medical Licensing Examination (USMLE), the examination of the Federation of State Medical Boards of the United States, Inc. (FLEX), or the examination of the National Board of Medical Examiners up to the year 2000; or for the purpose of examination of any applicant who was licensed on the basis of a state board examination and who is currently licensed in at least one other jurisdiction of the United States or Canada, and who has practiced pursuant to such licensure for a period of at least 10 years, use of the Special Purpose Examination of the Federation of State Medical Boards of the United States (SPEX) upon receipt of a passing score as established by rule of the board. However, for the purpose of examination of any applicant who was licensed on the basis of a state board examination prior to 1974, who is currently licensed in at least three other jurisdictions of the United States or Canada, and who has practiced pursuant to such licensure for a period of at least 20 years, this paragraph does not apply.
(2) As prescribed by board rule, the board may require an applicant who does not pass the national licensing examination after five attempts to complete additional remedial education or training. The board shall prescribe the additional requirements in a manner that permits the applicant to complete the requirements and be reexamined within 2 years after the date the applicant petitions the board to retake the examination a sixth or subsequent time.
(3) Notwithstanding subparagraph (1)(f)3., a graduate of a foreign medical school that has not been excluded from consideration under s. 458.314(8) need not present the certificate issued by the Educational Commission for Foreign Medical Graduates or pass the examination utilized by that commission if the graduate:
(a) Has received a bachelor’s degree from an accredited United States college or university.
(b) Has studied at a medical school which is recognized by the World Health Organization.
(c) Has completed all of the formal requirements of the foreign medical school, except the internship or social service requirements, and has passed part I of the National Board of Medical Examiners examination or the Educational Commission for Foreign Medical Graduates examination equivalent.
(d) Has completed an academic year of supervised clinical training in a hospital affiliated with a medical school approved by the Council on Medical Education of the American Medical Association and upon completion has passed part II of the National Board of Medical Examiners examination or the Educational Commission for Foreign Medical Graduates examination equivalent.
(4) The department and the board shall assure that applicants for licensure meet the criteria in subsection (1) through an investigative process. When the investigative process is not completed within the time set out in s. 120.60(1) and the department or board has reason to believe that the applicant does not meet the criteria, the State Surgeon General or the State Surgeon General’s designee may issue a 90-day licensure delay which shall be in writing and sufficient to notify the applicant of the reason for the delay. The provisions of this subsection shall control over any conflicting provisions of s. 120.60(1).
(5) The board may not certify to the department for licensure any applicant who is under investigation in another jurisdiction for an offense which would constitute a violation of this chapter until such investigation is completed. Upon completion of the investigation, the provisions of s. 458.331 shall apply. Furthermore, the department may not issue an unrestricted license to any individual who has committed any act or offense in any jurisdiction which would constitute the basis for disciplining a physician pursuant to s. 458.331. When the board finds that an individual has committed an act or offense in any jurisdiction which would constitute the basis for disciplining a physician pursuant to s. 458.331, then the board may enter an order imposing one or more of the terms set forth in subsection (8).
(6) Each applicant who meets the requirements of this chapter shall be licensed as a physician, with rights as defined by law.
(7) Upon certification by the board, the department shall impose conditions, limitations, or restrictions on a license if the applicant is on probation in another jurisdiction for an act which would constitute a violation of this chapter.
(8) When the board determines that any applicant for licensure has failed to meet, to the board’s satisfaction, each of the appropriate requirements set forth in this section, it may enter an order requiring one or more of the following terms:
(a) Refusal to certify to the department an application for licensure, certification, or registration;
(b) Certification to the department of an application for licensure, certification, or registration with restrictions on the scope of practice of the licensee;
(c) Certification to the department of an application for licensure, certification, or registration with placement of the physician on probation for a period of time and subject to such conditions as the board may specify, including, but not limited to, requiring the physician to submit to treatment, attend continuing education courses, submit to reexamination, or work under the supervision of another physician;
(d) Certification to the department of a person desiring to be licensed as a physician under this section who has held an active medical faculty certificate under s. 458.3145 for at least 3 years and has held a full-time faculty appointment for at least 3 consecutive years to teach in a program of medicine listed under s. 458.3145(1)(i); or
(e) Certification to the department of an application for licensure submitted by a graduate of a foreign medical school that has not been excluded from consideration under s. 458.314(8) if the graduate has not completed an approved residency under sub-subparagraph (1)(f)2.c. or sub-subparagraph (1)(f)3.c. but meets the following criteria:
1. Has an active, unencumbered license to practice medicine in a foreign country;
2. Has actively practiced medicine during the entire 4-year period preceding the date of the submission of a licensure application;
3. Has completed a residency or substantially similar postgraduate medical training in a country recognized by his or her licensing jurisdiction which is substantially similar to a residency program accredited by the Accreditation Council for Graduate Medical Education, as determined by the board;
4. Has had his or her medical credentials evaluated by the Educational Commission for Foreign Medical Graduates, holds an active, valid certificate issued by that commission, and has passed the examination used by that commission; and
5. Has an offer for full-time employment as a physician from a health care provider that operates in this state. For the purposes of this paragraph, the term “health care provider” means a health care professional, health care facility, or entity licensed or certified to provide health services in this state as recognized by the board.
An applicant who is not certified for unrestricted licensure under this paragraph may be certified by the board under paragraph (b) or paragraph (c), as applicable. A physician licensed after receiving certification under this paragraph must maintain his or her employment with the original employer or with another health care provider that operates in this state, at a location within this state, for at least 2 consecutive years after licensure, in accordance with rules adopted by the board. Such physician must notify the board within 5 business days after any change of employer.
...513 So.2d at 162 (Sharp, J., dissenting). The failure of a professional to adhere to the prescribed conduct results in discipline from the profession's governing body. For example, accountants, section 473.306(2)(a), Florida Statutes (1987), and doctors, section 458.311(1)(c), Florida Statutes (1987), must prove that they are of good moral character before they can be licensed to practice in Florida....
Cited 38 times | Published | Florida 1st District Court of Appeal
...ows: (1) The department shall issue a license by endorsement to any applicant who, upon applying to the department and remitting a fee not to exceed $250 set by the board, demonstrates to the board that he has met the qualifications for licensure in s. 458.311 and: * * * * * * (d) Has been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc....
...(FLEX) or is certified by the National Board of Medical Examiners as having completed its examination; provided that said examination required shall have been so certified within the 10 years immediately preceding the filing of his application for licensure under this section. Section 458.311, Florida Statutes, referenced above, is the provision controlling licensure by examination, one qualification of which is successful completion of the FLEX examination....
...First, if "certified by licensure examination" means certified by licensure in another state, the statute should have included that language. The language describing licensure "in another state" is included within other sections of the act. See Sections 458.311(2)(a), 458.315 and 458.317, Florida Statutes....
...Bureau of Crimes Compensation Division of Workers' Compensation, 408 So.2d 751 (Fla. 3d DCA 1982). Second, Durrani is mistaken in his contention that subsection (d) establishes the FLEX requirement for endorsement candidates. Section 458.313(1) requires that endorsement candidates meet the qualifications for licensure in section 458.311, which statute requires candidates for licensure by exam to complete the FLEX examination....
...candidates, and subsection (d), rather than uselessly reiterating that requirement, imposes the additional condition that the FLEX be certified as having been completed within ten years preceding application for endorsement. Sections 458.313(1) and 458.311, read in pari materia, reflect the legislative intent that candidates for licensure by endorsement and by examination satisfy the same examination requirement....
Cited 15 times | Published | Florida 1st District Court of Appeal
...by an accrediting agency which is recognized by the Department of Education. We affirm. The issue before us is whether appellant "[i]s a graduate of a medical school or college maintaining a standard and reputation approved by the board pursuant to s. 458.311; ... ." Section 458.313(1)(c), Florida Statutes (1979) (pertaining to licensure by endorsement). Section 458.311(1)(b), Florida Statutes (1979), prescribing the requirements for licensure by examination, states that the medical school or college must be one "recognized and approved by an accrediting agency recognized by the United States Office...
...nstrates that the legislature intended to allow qualified graduates of osteopathic medical colleges to become licensed under Chapter 458. Such legislative intent, he contends, is derived from the unqualified reference to medical school or college in section 458.311(1)(b), as simply being one "approved by an accrediting agency recognized by the United States Office of Education"; or, the fact that the school from which he graduated is approved by the AOA, an accrediting body recognized by the Dep...
...rganization. He concludes that this omission is significant when contrasted with the parallel provisions in the Osteopathy Act, also rewritten in 1979, which refers to the AOA. [2] In denying appellant's applications, the Board obviously interpreted section 458.311(1)(b)'s reference to "medical school" as not encompassing a school of osteopathic medicine....
...type of injury. de Jesus v. Seaboard Coast Line R.R., 281 So.2d 198, 201 (Fla. 1973). [7] Neither Fla. Stat. § 358.11(6) or Fla. Stat. § 358.320(1) exist in the Florida Statutory Code. This Court assumes that Plaintiff intended to cite Fla. Stat. § 458.311(6) and Fla. Stat. § 458.320(1). [8] Florida statute § 458.311(6) states the following: "[e]ach applicant who meets the requirements of this chapter shall be licensed as a physician, with rights as defined by law." Florida statute § 458.320(1) states in relevant part: "[a]s a condition of licensing and maintaining an active license ....
...rule or order] should be validated is `to avoid classifying them to skip the labeling and to proceed directly to the problem at hand.'" More than six years ago this court rejected an argument that the Board of Medical Examiners' interpretation of Section 458.311(1)(b), Florida Statutes (1979), which resulted in the applicant being barred for licensure as a medical practitioner because he had not graduated from an approved medical school, was invalid for the reason that the interpretation had not been adopted as a rule....
Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 811
...The appellant argues that he does not come within the purview of Chapter 458. We find no basis for this contention. The evidence clearly establishes that he was practicing medicine as defined in section 458.305(3), Florida Statutes (1985), and accordingly he was required to obtain a license under section 458.311. Opposing this conclusion, the appellant responds that he cannot obtain such a license, even if he were to apply for it, because he is not a graduate from an "allopathic" medical school or college as required by section 458.311(1)(b)....
...monitoring by PRN, then he “was not practicing medicine with reasonable skill and safety.” The board’s discretionary decision to impose a higher penalty than that recommended by the hearing officer was not inconsistent with the requirements of section 458.311, Florida Statutes....
...It would be administratively impractical for the Board to attempt to prorate actual costs expended on a particular application in response to a request for a refund. Many of the regulatory boards under the Department of Professional Regulation have similar provisions providing for nonrefundable fees. See, e.g., section 458.311(l)(a), Florida Statutes (Board of Medicine); section 466.006(1), Florida Statutes (Board of Dentistry); section 473.305, Florida Statutes (Board of Accountancy); section 481.207, Florida Statutes (Board of Architecture and Interior Design)....
PER CURIAM. We agree with the determination of the Board of Medicine that Dr. Serviansky’s right to a medical license is controlled by section 458.311(2), Florida Statutes (1983), 1 which specifically refers to and occupies the field of “graduates of foreign medical schools” like the appellant, rather than section 458.311(4) as he claims....
...Serviansky admittedly does not qualify under subsection 2, the Board was correct in denying his application. Affirmed. . The 1983 statute is applicable because of the date upon which Dr. Serviansky's application was made. It has since been significantly amended. See § 458.311, Fla.Stat....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
