CopyCited 38 times | Published | Florida 1st District Court of Appeal
...for licensure in Florida was denied by the Board. Durrani challenged the rule in an administrative hearing, resulting in the order which found the rule to be an invalid delegation of legislative authority in that it adds substantive requirements to section 458.313(1)(d). In Florida, medical licensure may be secured either "by examination" of previously unlicensed persons or "by endorsement" of persons licensed elsewhere. Licensure by endorsement is provided for in Section 458.313(1)(d), Florida Statutes, as follows: (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....
...r 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. Rule 21M-29.01(2) interprets the section
458.313(1)(d) phrase "has been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc." as requiring that applicants obtain a 75% weighted average score from a single complete sitting of FLEX, a three-day, three-part examination....
...1st DCA 1982); Department of Health and Rehabilitative Services v. Framat Realty, Inc.,
407 So.2d 238 (Fla. 1st DCA 1981). In the instant case the Board is authorized to adopt rules under the general authority conferred upon it by Section
458.309, Florida Statutes, and the specific authority of Section
458.313(4), Florida Statutes....
...ive rulemaking is entitled to the deference outlined above. The issue is *518 whether Rule 21M-29.01(2), in setting a minimum FLEX score of 75% and requiring that the score be obtained in one sitting, exceeds the range of possible interpretations of section 458.313(1)(d), thereby constituting an addition or alteration to the statute, in excess of lawfully delegated rulemaking authority? Durrani contends that the rule imposes additional requirements not encompassed within the statute. He interprets the language of section 458.313(1)(d), "certified by licensure examination of the Federation of State Medical Boards of the United States, Inc.", to mean that if one is licensed by another state on the basis of the FLEX exam, such person is entitled to Florida licen...
...ere intended. Ocasio v. 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. Thus, section
458.313(1) establishes the FLEX exam requirement for endorsement 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....
...iring some basic level of medical competence to assure protection of the public health, safety and welfare. Both the 75% score and the single sitting requirement are criteria having a possible correlation to medical competence. The interpretation of section 458.313(1)(d) urged by Durrani, and apparently accepted by the hearing officer, would result in the licensing of any physician who has obtained a license by examination in another state, even if such licensing were conceivably based on a passing score of only one percent....
CopyCited 15 times | Published | Florida 1st District Court of Appeal
...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)....
...rida Statutes (1977) (permitting the Board to determine those medical schools or colleges which maintain a standard of training sufficient to admit their graduates to medical examinations), had been repealed at the time Barker applied for licensure. Section 458.313(1)(c), Florida Statutes (1979), although worded differently from section 458.08(1), authorizes the Board to approve the reputation and standards of medical colleges whose graduates seek licensure by endorsement within the state....
...nauthorized," Gay v. Canada Cry Bottling Co. of Florida, Inc.,
59 So.2d 788, 790 (Fla. 1952), in interpreting the statute given in its charge to enforce. In the instant case, the critical finding, which involved essentially an interpretation *724 of section
458.313(1)(c), that Dr....
...SMITH, Jr., C.J., and SHAW, LEANDER J., Jr., Associate Judge, concur. NOTES [1] Prior to the date appellant filed his application for licensure by endorsement on July 21, 1981, Section 458.051(1)(c), Florida Statutes (1977), the predecessor statute to Section 458.313(1)(c), Florida Statutes (1979), provided that the applicant must be "a graduate of a medical school or college maintaining a standard and reputation approved by the board pursuant to s....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1993 WL 408220
...Gen., M. Catherine Lannon, Asst. Atty. Gen. of Dept. of Legal Affairs, Tallahassee, for appellees. LAWRENCE, Judge. Mayo Clinic Jacksonville and Dr. Panayotis Kelalis appeal a final administrative order entered by the Board of Medicine, interpreting section 458.313(1)(b), Florida Statutes (1989) (repealed 1990)....
...Mayo Clinic Jacksonville is a not-for-profit corporation, and Dr. Panayotis Kelalis is a Board-certified urologist who specializes in pediatrics and is employed on a full-time basis and exclusively by Mayo Clinic. Dr. Kelalis holds his Florida medical license by endorsement under section 458.313(1)(b)....
...re. That hospital asked the Board of Medicine whether granting staff privileges to Dr. Kelalis would violate his licensure status under the statute. The Board responded that Mayo physicians, such as Dr. Kelalis, who are licensed by endorsement under section 458.313(1)(b), may only practice medicine at Mayo Clinic Jacksonville or at its affiliated hospitals (i.e., St. Luke's Hospital). Mayo Clinic Jacksonville and Dr. Kelalis petitioned the Board of Medicine for a declaratory statement regarding construction of section 458.313(1)(b)....
...Although the Board's construction would ordinarily be accorded great deference, as it is the agency charged with the administration and regulation of physicians licensed under chapter 458, Florida Statutes (1989), [3] we overrule its construction because it is in clear conflict with the plain intent of the statute. Section 458.313(1)(b) is not ambiguous....
...ician works exclusively for a not-for-profit corporation. If the legislature had desired a site-specific restriction, it would have included such in the statute. Accordingly, we reverse the Board's final order. SMITH and KAHN, JJ., concur. NOTES [1] Section 458.313 is the statute governing physician licensure by endorsement. Pursuant to this statute, physicians from other jurisdictions, who meet the criteria enumerated in the statute, can acquire a license to practice in Florida. Section 458.313(1)(b) provided an even more specialized way of obtaining licensure by endorsement....
...ion does not appear to be moot. Repeal of the provision precluded Mayo Clinic from acquiring future physicians through this alternate form of licensing, but did not affect those physicians already licensed under this provision. [3] Sections
458.309,
458.313, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1993 WL 64884
...violation of section
458.345, Florida Statutes (1989). With regard to the latter reason, the Board felt this constituted the unauthorized practice of medicine. Lavernia requested an administrative hearing. In the meantime, effective October 1, 1989, section
458.313 governing licensure by endorsement was amended to require evidence of the active licensed practice of medicine in another jurisdiction for at least two of the immediately preceding four years, or completion of Board-approved postgradu...
...His temporary license, long since expired, cannot provide a basis for licensure by endorsement. As the hearing officer concluded, the record is devoid of "evidence of the active licensed practice of medicine in another jurisdiction, for at least 2 of the immediately preceding 4 years." § 458.313(1)(c), Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 43361
...fficer and imposing, inter alia, a license suspension until the physician demonstrates competency by additional training and passing the licensure examination of the Federation of State Medical Boards of the United States, Inc. (FLEX). See generally § 458.313(1)(a), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...by the hearing officer: Whether Dr. Gentile is of good moral character and whether he has committed any act or offense within or without the state which will constitute a basis for disciplining a physician pursuant to Section
458.331, as required by Section
458.313(1)(b), Florida Statutes (1981)? A final hearing was held on October 14, at which the attorney for the Board offered into evidence a substantial amount of testimony regarding appellant's failure to disclose the fact that he had been on...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1492
...At issue are (1) whether the Board erred in rejecting the Hearing Officer's conclusions of law, and (2) whether the Board erred in concluding that the evidence presented by Dr. Bachynsky does not establish good moral character as required for licensure by section 458.313(1)(b), Florida Statutes, which reads: 458.313 Licensure by endorsement....
...engaging in the practice of medicine with reasonable skill and safety to his patients based upon the evaluation report on his post-graduate training at Baylor University Medical Center in Dallas, Texas, and his misdemeanor conviction as required by Section
458.313 and
458.331(3), F.S....
...spital and Medical Center in Dallas, Texas, from 1973-74. (Petitioner's Exhibit 7) 3. On September 27, 1982, Dr. Bachynsky executed an Endorsement Application, seeking medical licensure by endorsement in the State of Florida, under the provisions of Section 458.313, Florida Statutes, and submitted same to the Board....
...The Hearing Officer recommended that the Board approve the application for licensure. The Hearing Officer's Conclusions of Law in the Recommended Order read: *1309 1. The parties stipulated to the following issues of law: (1) Whether Dr. Bachynsky meets the qualifications of Sections
458.313 and
458.331, Florida Statutes, in view of his 1974 misdemeanor conviction for possession of stolen automobile parts of a value of less than $100.00 which were being transported in interstate commerce....
...Bachynsky's post-graduate residency training which gave Dr. Bachynsky "good" and "superior" ratings on all specific categories and a general recommendation of "qualified and competent", is a ground for denying Dr. Bachynsky's application under the provisions of Sections
458.313 and
458.331, Florida Statutes? Section
458.313, Florida Statutes, sets forth the required qualifications for licensure by endorsement. It is undisputed that Petitioner meets all such qualifications other than Subsection
458.313(1)(b), which states, as follows: (b) Is of good moral character and has not committed any act or offense within or without the state which would constitute the basis for disciplining a physician pursuant to s....
...erence. Paragraphs 2 and 3 of the hearing officer's conclusions of law are rejected as being without merit. *1310 2. The Board concludes that the evidence presented by Petitioner does not establish "good moral character" as required for licensure by Section 458.313(1)(b), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 863, 1987 Fla. App. LEXIS 7425
...Board’s interpretation of section 458.-313(l)(d), Florida Statutes (1983), was reasonable; 3) whether any properly promulgated rule exists by which the Board could properly deny appellant’s license; and 4) whether the Board’s interpretation of section 458.313(l)(d), Florida Statutes (1983), improperly enlarged, modified or contravened the statute....
...does not in our opinion permit the Board’s application of a cut-off date ten years after the date an examination was scheduled or commenced, absent evidence of any “certification” within the stated period. Because the Board’s construction of section 458.313(l)(d), Florida Statutes, contravened the literal terms of the statute prior to the amendment cited infra, we reverse....
...Appellant’s passing score was, according to the only evidence in the record here, certified by the New York State Board of Regents on March 1, 1974. On February 14, 1984, appellant applied to the Florida Board of Medical Examiners for licensure by endorsement pursuant to section 458.313(l)(d), Florida Statutes (1983)....
...The Board denied the application, finding that appellant had “not been certified by licensure examination of the Federation of State Medical Boards of the United States, Inc., within ten years preceding the filing of an application for licensure” as required under section 458.313(l)(d)....
...lant’s application to the Florida Board of Medical Examiners was dated February 14, 1984, the hearing officer found that the application was timely. In its final order, the Board adopted the hearing officer’s findings of fact, but concluded that section 458.313(l)(d) requires that an applicant must have taken the FLEX examination within ten years of the date of application for licensure....
...Reasoning that the date of examination is the operative date by which currency of medical knowledge can be evaluated, whereas “the grading of the examination and certifying of the grade are only relatively ministerial acts,” the Board denied appellant’s application. Section 458.313, Florida Statutes (1983), the statute in effect at the time appellant filed his application, provides that: 1....
...on; provided that said examination required shall have been so certified within the ten years immediately preceding the filing of his application for licensure under this section. 1 (emphasis supplied) The Board concluded that because the purpose of section 458.313(l)(d) is to assure that the medical knowledge measured by the FLEX examination is no more than ten years old, the date on which the ten years begins to run is the date on which the candidate “sat” for the examination....
...erroneous, the Board’s construction of section 458.-313(l)(d), Florida Statutes (1983), was not a reasonable application of the statutory terms on which applicants were entitled to rely. The order is reversed. WIGGINTON and NIMMONS, JJ., concur. . Section 458.313(l)(d) was amended in 1984....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12398
pursuant to Section
458.331, as required by Section 458.-313(l)(b), Florida Statutes (1981)? A final hearing
