458.313 Licensure by
endorsement; requirements; fees. ---
(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 $500 set by the board,
demonstrates to the board that he:
(a) Has met the qualifications for licensure in s.
458.311(1)(b)-(f);
(b) Has obtained a passing score, as established by rule
of the board, on the licensure examination of the Federation of
State Medical Boards of the United States, Inc. (FLEX), the United
States Medical Licensing Examination (USMLE), or the examination of
the National Board of Medical Examiners, or on a combination
thereof, provided that said examination or combination of
examinations required shall have been so taken within the 10 years
immediately preceding the filing of his application for licensure
under this section; and
(c) Shows evidence of the active licensed practice of
medicine in another jurisdiction, for at least 2 of the immediately
preceding 4 years, or completion of board-approved postgraduate
training within the year preceding the filing of an application for
licensure.
(2) The board may require oral examinations of any
applicant under the provisions of this section. However, the
applicant must be given adequate notice of the examination, both as
to the time, place, nature, and scope thereof, as well as a
statement of the reasons requiring such examination. Failure to
successfully complete an oral examination, if required by the
board, shall result in revocation of the license.
(3) The department and the board shall assure that
applicants for licensure by endorsement meet applicable criteria in
this chapter through an investigative process. When the
investigative process is not completed within the time set out in
s. 120.60(2) and the department or board has reason to believe that
the applicant does not meet the criteria, the secretary or his
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(2).
(4) If the applicant has not actively practiced
medicine or been on the active teaching faculty of an accredited
medical school within the previous 4 years, the board shall certify
the applicant to the department for licensure by endorsement
subject to the condition that the applicant work under the
supervision of another physician for a period, not to exceed 1
year, as determined by the board based on its determination of the
licensee's ability to practice medicine. The supervising physician
shall have had no probable cause findings against him within the
previous 3 years.
(5) The board may promulgate rules and regulations, to
be applied on a uniform and consistent basis, which may be
necessary to carry out the provisions of this section.
(6) Upon certification by the board, the department
shall impose conditions, limitations, or restrictions on a license
by endorsement if the applicant is on probation in another
jurisdiction for an act which would constitute a violation of this
chapter.
(7) The department shall not issue a license by
endorsement to any applicant who is under investigation in any
jurisdiction for an act or offense which would constitute a
violation of this chapter until such time as the investigation is
complete, at which time 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).
(8) When the board determines that any applicant for
licensure by endorsement 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; or
(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.
History: ss. 1, 8, ch. 79-302; ss. 2, 3, ch. 81-318; s. 5, ch. 84-543;
s. 5, ch. 84-553; ss. 1, 3, ch. 85-56; ss. 7, 25, 26, ch. 86-245;
ss. 1, 4, ch. 87-296; s. 18, ch. 88-1; s. 7, ch. 88-277; s. 14, ch.
88-392; s. 19, ch. 89-162; s. 6, ch. 89-374; s. 1, ch. 90-52; s.
4, ch. 91-429; s. 78, ch. 92-149.