Florida/Georgia Personal Injury & Workers Compensation

...The Board noted that he had taken the FLEX (examination of the Federation of State Medical Boards of the United States) eight times before he obtained a passing score, and charged that he had worked as a hospital house physician without having been registered in violation of section 458.345, Florida Statutes (1989)....

...ation for licensure by endorsement be denied "without prejudice to an application for licensure by examination." In the Board's final order, the Board rejected the hearing officer's conclusion of law that Lavernia's technical unintended violation of section 458.345 should not preclude his licensure....

...leted the hearing officer's recommendation that this denial be "without prejudice *55 to an application for licensure by examination." We affirm the Board's actions with one modification. The hearing officer's conclusion that Lavernia's violation of section 458.345 was unintentional was a finding of fact....

...3d DCA 1966) (question of intent of defendant to commit crime is one of fact to be decided from all circumstances). Not only did the Board accept the hearing officer's findings of fact, but as a practical matter, the hearing officer's finding that Dr. Lavernia's violation of section 458.345, Florida Statutes, was unintentional was not capable of being overturned without complying with section 120.57(1)(b)10, Florida Statutes. Nevertheless, we affirm the Board's rejection of the hearing officer's conclusion of law that a technical violation of section 458.345 is not sufficient to preclude Lavernia's licensure, as this particular conclusion prematurely ruled upon Lavernia's qualifications to gain licensure by examination....

...supervision of qualified members of the professional staff of the hospital, particularly in the later stages of his training, in order that he may acquire surgical skill and judgment. 64B8-6.0015 Fellows; Definition of. The term "fellow," as used in Section 458.345, Florida Statutes, and this rule chapter, encompasses only persons in fellowship training which leads to subspecialty board certification by a specialty board of the American Board of Medical Specialties....

...iving accredited experience that could be applied towards further licensure or board certification." R. 136. The referee's position on this point is in harmony with the Board of Medicine, which takes the position that "[t]he term `fellow' as used in Section 458.345, Florida Statutes, and this rule chapter, encompasses only persons in fellowship training which leads to subspecialty board certification by a specialty board of the American Board of Medical Specialties." Fla....

...Chapter 458 deals with the regulation of the practice of medicine in the state, through the mechanism of requiring practitioners to be licensed. That chapter, however, provides for categories of resident physicians who are not required to be licensed, under some circumstances. Section 458.345, Florida Statutes (1981) provides: Every person practicing as a resident physician ......

...s a resident at the medical center on July 1, 1981. At the time he took the blood test on November 1981, he thought he had registered with the Medical Board through the hospital. Shortly thereafter he did register and became licensed. Whether or not section 458.345 required Moorefield to register as a resident physician, we do not think it made him a non-physician....