CS/CS/HB 225

1	A bill to be entitled
2	An act relating to controlled substances; creating s.
3	408.0513, F.S.; requiring the Agency for Health Care
4	Administration to contract with a multistate electronic
5	prescribing network to provide certain agencies with
6	access to certain controlled substance information;
7	requiring the Agency for Health Care Administration to
8	adopt rules and seek grants and donations; amending ss.
9	458.309 and 459.005, F.S.; revising requirements for the
10	registration of pain-management clinics; requiring the
11	Department of Health to refuse to register pain-management
12	clinics under certain circumstances; amending ss. 458.331
13	and 459.015, F.S.; specifying additional grounds for
14	disciplinary action against practitioners licensed under
15	ch. 458 or ch. 459, F.S.; amending s. 465.018, F.S.;
16	requiring community pharmacy permit applicants to
17	demonstrate the ability to participate in and transmit
18	dispensing information through a multistate electronic
19	prescribing network; requiring community pharmacy
20	permittees to transmit dispensing information through such
21	a network for prescriptions of certain controlled
22	substances; amending s. 465.023, F.S.; specifying an
23	additional ground for disciplinary action against
24	community pharmacy permittees; amending s. 465.0276, F.S.;
25	requiring controlled substance dispensing practitioners to
26	register with the Board of Pharmacy; requiring a fee;
27	requiring the department to adopt rules for the renewal of
28	such registrations; requiring the department to request
29	certain persons to submit statements of reference
30	concerning practitioners seeking such registrations;
31	providing for the contents of and procedures for
32	submitting such statements; limiting the civil liability
33	of persons submitting such statements to the department
34	under certain circumstances; prohibiting the department
35	from registering certain practitioners; providing
36	procedures for administrative challenges to denials of
37	registrations and registration renewals; providing for
38	applicability to certain practitioners; prohibiting the
39	registration of controlled substance dispensing
40	practitioners who do not demonstrate the ability to
41	transmit dispensing information through a multistate
42	electronic prescribing network; requiring such
43	practitioners to transmit dispensing information through
44	such a network for prescriptions of certain controlled
45	substances; amending s. 499.028, F.S.; conforming a cross-
46	reference; reenacting ss. 458.303, 458.311(1)(d) and (5),
47	458.313(6), 458.3135(2)(d), 458.3137(2)(e),
48	458.3145(1)(g), and 458.345(1)(b) and (2), F.S., relating
49	to provisions not applicable to certain practitioners,
50	licensure of physicians by examination, licensure of
51	physicians by endorsement, temporary certificates for
52	visiting physicians practicing in approved cancer centers,
53	temporary certificates for visiting physicians to obtain
54	medical privileges for instructional purposes in
55	conjunction with certain plastic surgery training programs
56	and educational symposiums, medical faculty certificates,
57	and registration of resident physicians, interns, and
58	fellows, respectively, to incorporate the amendment made
59	by this act to s. 458.331, F.S., in references thereto;
60	reenacting s. 459.021(8), F.S., relating to the
61	registration of resident osteopathic physicians, interns,
62	and fellows, to incorporate the amendment made by this act
63	to s. 459.015, F.S., in a reference thereto; providing an
64	effective date.
65
66	Be It Enacted by the Legislature of the State of Florida:
67
68	Section 1. Section 408.0513, Florida Statutes, is created
69	to read:
70	408.0513 Access to prescription drug medication history.-
71	(1) By December 1, 2010, the agency shall contract with an
72	entity that operates a multistate electronic prescribing network
73	to provide the following agencies with access to the controlled
74	substance information available on such network for the
75	controlled substances listed in Schedules II and III of s.
76	893.03:
77	(a) A criminal justice agency as defined in s. 119.011
78	that enforces the laws of this state or the United States and
79	that initiates an active investigation involving a specific
80	violation of law.
81	(b) The Department of Health or the relevant health
82	regulatory board responsible for the licensure, regulation, or
83	discipline of practitioners, pharmacists, or other persons who
84	are authorized to prescribe, administer, or dispense controlled
85	substances and who are involved in a specific investigation
86	involving a designated person.
87	(2) The agency shall adopt rules under ss. 120.536(1) and
88	120.54 to administer this section, including the method and
89	terms of access to the information provided under subsection
90	(1).
91	(3) The agency shall seek federal grants and donations
92	from private entities to implement this section.
93	Section 2. Subsection (4) of section 458.309, Florida
94	Statutes, is amended to read:
95	458.309 Rulemaking authority.-
96	(4) All privately owned pain-management clinics,
97	facilities, or offices primarily engaged in the treatment of
98	pain by prescribing or dispensing controlled substances,
99	hereinafter referred to as "clinics," which advertise in any
100	medium for any type of pain-management services, or employ a
101	physician who is primarily engaged in the treatment of pain by
102	prescribing or dispensing controlled substance medications, must
103	register with the department by January 4, 2010, unless that
104	clinic is licensed as a facility pursuant to chapter 395. The
105	department shall refuse to register any clinic owned by or
106	having any contractual or employment relationship with a
107	physician whose federal Drug Enforcement Administration
108	registration number has ever been suspended or revoked or
109	against whom the board has taken final administrative action
110	relating to the physician's impairment due to the misuse or
111	abuse of alcohol or drugs; any clinic the ownership or any
112	controlling interest of which is held by any person who has been
113	convicted of, or has entered a plea of guilty or nolo contendere
114	to, regardless of adjudication, a felony under chapter 893; or
115	any clinic not wholly owned by a physician or group of
116	physicians licensed under this chapter or chapter 459 or by a
117	health care clinic licensed under part X of chapter 400. A
118	physician may not practice medicine in a pain-management clinic
119	that is required to register but has not registered with the
120	department. Each clinic location shall be registered separately
121	regardless of whether the clinic is operated under the same
122	business name or management as another clinic. If the clinic is
123	licensed as a health care clinic under chapter 400, the medical
124	director is responsible for registering the facility with the
125	department. If the clinic is not registered pursuant to chapter
126	395 or chapter 400, the clinic shall, upon registration with the
127	department, designate a physician who is responsible for
128	complying with all requirements related to registration of the
129	clinic. The designated physician shall be licensed under this
130	chapter or chapter 459 and shall practice at the office location
131	for which the physician has assumed responsibility. The
132	department shall inspect the clinic annually to ensure that it
133	complies with rules of the Board of Medicine adopted pursuant to
134	this subsection and subsection (5) unless the office is
135	accredited by a nationally recognized accrediting agency
136	approved by the Board of Medicine. The actual costs for
137	registration and inspection or accreditation shall be paid by
138	the physician seeking to register the clinic.
139	Section 3. Paragraph (nn) of subsection (1) of section
140	458.331, Florida Statutes, is redesignated as paragraph (qq),
141	and new paragraphs (nn), (oo), and (pp) are added to that
142	subsection to read:
143	458.331 Grounds for disciplinary action; action by the
144	board and department.-
145	(1) The following acts constitute grounds for denial of a
146	license or disciplinary action, as specified in s. 456.072(2):
147	(nn) Practicing medicine in a clinic that is required to
148	register but has not registered with the department pursuant to
149	s. 458.309.
150	(oo) Promoting or advertising through any communication
151	media the use, sale, or dispensing of any controlled substance
152	appearing on any schedule in chapter 893.
153	(pp) Dispensing a controlled substance listed in Schedule
154	II, Schedule III, Schedule IV, or Schedule V of s. 893.03
155	without being registered with the Board of Pharmacy as a
156	controlled substance dispensing practitioner under s.
157	465.0276(3).
158	Section 4. Subsection (3) of section 459.005, Florida
159	Statutes, is amended to read:
160	459.005 Rulemaking authority.-
161	(3) All privately owned pain-management clinics,
162	facilities, or offices primarily engaged in the treatment of
163	pain by prescribing or dispensing controlled substances,
164	hereinafter referred to as "clinics," which advertise in any
165	medium for any type of pain-management services, or employ a
166	physician who is licensed under this chapter and who is
167	primarily engaged in the treatment of pain by prescribing or
168	dispensing controlled substance medications, must register with
169	the department by January 4, 2010, unless that clinic is
170	licensed as a facility under chapter 395. The department shall
171	refuse to register any clinic owned by or having any contractual
172	or employment relationship with a physician whose federal Drug
173	Enforcement Administration registration number has ever been
174	suspended or revoked or against whom the board has taken final
175	administrative action relating to the physician's impairment due
176	to the misuse or abuse of alcohol or drugs; any clinic the
177	ownership or any controlling interest of which is held by any
178	person who has been convicted of, or has entered a plea of
179	guilty or nolo contendere to, regardless of adjudication, a
180	felony under chapter 893; or any clinic not wholly owned by a
181	physician or group of physicians licensed under chapter 458 or
182	this chapter or by a health care clinic licensed under part X of
183	chapter 400. A physician may not practice osteopathic medicine
184	in a pain-management clinic that is required to register but has
185	not registered with the department. Each clinic location shall
186	be registered separately regardless of whether the clinic is
187	operated under the same business name or management as another
188	clinic. If the clinic is licensed as a health care clinic under
189	chapter 400, the medical director is responsible for registering
190	the facility with the department. If the clinic is not
191	registered under chapter 395 or chapter 400, the clinic shall,
192	upon registration with the department, designate a physician who
193	is responsible for complying with all requirements related to
194	registration of the clinic. The designated physician shall be
195	licensed under chapter 458 or this chapter and shall practice at
196	the office location for which the physician has assumed
197	responsibility. The department shall inspect the clinic annually
198	to ensure that it complies with rules of the Board of
199	Osteopathic Medicine adopted pursuant to this subsection and
200	subsection (4) unless the office is accredited by a nationally
201	recognized accrediting agency approved by the Board of
202	Osteopathic Medicine. The actual costs for registration and
203	inspection or accreditation shall be paid by the physician
204	seeking to register the clinic.
205	Section 5. Paragraph (pp) of subsection (1) of section
206	459.015, Florida Statutes, is redesignated as paragraph (ss),
207	and new paragraphs (pp), (qq), and (rr) are added to that
208	subsection to read:
209	459.015 Grounds for disciplinary action; action by the
210	board and department.-
211	(1) The following acts constitute grounds for denial of a
212	license or disciplinary action, as specified in s. 456.072(2):
213	(pp) Practicing osteopathic medicine in a clinic that is
214	required to register but has not registered with the department
215	pursuant to s. 459.005.
216	(qq) Promoting or advertising through any communication
217	media the use, sale, or dispensing of any controlled substance
218	appearing on any schedule in chapter 893.
219	(rr) Dispensing a controlled substance listed in Schedule
220	II, Schedule III, Schedule IV, or Schedule V of s. 893.03
221	without being registered with the Board of Pharmacy as a
222	controlled substance dispensing practitioner under s.
223	465.0276(3).
224	Section 6. Section 465.018, Florida Statutes, is amended
225	to read:
226	465.018 Community pharmacies; permits.-Any person desiring
227	a permit to operate a community pharmacy shall apply to the
228	department. If the board office certifies that the application
229	complies with the laws of the state and the rules of the board
230	governing pharmacies, the department shall issue the permit. A
231	No permit may not shall be issued unless a licensed pharmacist
232	is designated as the prescription department manager responsible
233	for maintaining all drug records, providing for the security of
234	the prescription department, and following such other rules as
235	relate to the practice of the profession of pharmacy. The
236	permittee and the newly designated prescription department
237	manager shall notify the department within 10 days of any change
238	in prescription department manager. Effective July 1, 2012, a
239	permit may not be issued unless the applicant demonstrates the
240	ability to participate in and transmit dispensing information
241	through a multistate electronic prescribing network. Effective
242	January 1, 2013, a permittee must transmit dispensing
243	information through a multistate electronic prescribing network
244	for each prescription of a controlled substance listed in
245	Schedule II or Schedule III of s. 893.03.
246	Section 7. Subsection (1) of section 465.023, Florida
247	Statutes, is amended to read:
248	465.023 Pharmacy permittee; disciplinary action.-
249	(1) The department or the board may revoke or suspend the
250	permit of any pharmacy permittee, and may fine, place on
251	probation, or otherwise discipline any pharmacy permittee if the
252	permittee, or any affiliated person, partner, officer, director,
253	or agent of the permittee, including a person fingerprinted
254	under s. 465.022(3), has:
255	(a) Obtained a permit by misrepresentation or fraud or
256	through an error of the department or the board;
257	(b) Attempted to procure, or has procured, a permit for
258	any other person by making, or causing to be made, any false
259	representation;
260	(c) Violated any of the requirements of this chapter or
261	any of the rules of the Board of Pharmacy; of chapter 499, known
262	as the "Florida Drug and Cosmetic Act"; of 21 U.S.C. ss. 301-
263	392, known as the "Federal Food, Drug, and Cosmetic Act"; of 21
264	U.S.C. ss. 821 et seq., known as the Comprehensive Drug Abuse
265	Prevention and Control Act; or of chapter 893;
266	(d) Been convicted or found guilty, regardless of
267	adjudication, of a felony or any other crime involving moral
268	turpitude in any of the courts of this state, of any other
269	state, or of the United States;
270	(e) Been convicted or disciplined by a regulatory agency
271	of the Federal Government or a regulatory agency of another
272	state for any offense that would constitute a violation of this
273	chapter;
274	(f) Been convicted of, or entered a plea of guilty or nolo
275	contendere to, regardless of adjudication, a crime in any
276	jurisdiction which relates to the practice of, or the ability to
277	practice, the profession of pharmacy;
278	(g) Been convicted of, or entered a plea of guilty or nolo
279	contendere to, regardless of adjudication, a crime in any
280	jurisdiction which relates to health care fraud; or
281	(h) Dispensed any medicinal drug based upon a
282	communication that purports to be a prescription as defined by
283	s. 465.003(14) or s. 893.02 when the pharmacist knows or has
284	reason to believe that the purported prescription is not based
285	upon a valid practitioner-patient relationship that includes a
286	documented patient evaluation, including history and a physical
287	examination adequate to establish the diagnosis for which any
288	drug is prescribed and any other requirement established by
289	board rule under chapter 458, chapter 459, chapter 461, chapter
290	463, chapter 464, or chapter 466; or
291	(i) Failed to transmit dispensing information through a
292	multistate electronic prescribing network pursuant to s. 465.018
293	for any prescription of a controlled substance listed in
294	Schedule II or Schedule III of s. 893.03.
295	Section 8. Subsections (3) through (5) of section
296	465.0276, Florida Statutes, are renumbered as subsections (5)
297	through (7), respectively, and new subsections (3) and (4) are
298	added to that section to read:
299	465.0276 Dispensing practitioner.-
300	(3) To dispense a controlled substance listed in Schedule
301	II, Schedule III, Schedule IV, or Schedule V of s. 893.03, a
302	practitioner authorized by law to prescribe controlled
303	substances must register with the Board of Pharmacy as a
304	controlled substance dispensing practitioner and pay a fee not
305	to exceed $100. The department shall adopt rules establishing
306	procedures for quadrennial renewal of the registration.
307	(a) Upon receiving a practitioner's request for
308	registration, the department shall request each of the following
309	persons to complete and submit a statement of reference
310	concerning the practitioner:
311	1. The president of the Florida Medical Association.
312	2. The president of the Florida Osteopathic Medical
313	Association.
314	3. The dean of each medical school in the state.
315	4. The hospital medical chief of each licensed hospital
316	within 50 miles of the practitioner's practice location.
317	5. The president of the practitioner's state specialty
318	society, if any.
319	6. The president of each county medical association
320	geographically located in the practitioner's practice area.
321
322	The department shall establish and maintain an accurate list of
323	each person listed in this paragraph.
324	(b) The statement of reference, which the department shall
325	provide to each person listed in paragraph (a) in a format
326	prescribed by the department, shall inquire whether the person
327	completing the statement:
328	1. Has personal knowledge of the practitioner.
329	2. Has had an opportunity to form an opinion of the
330	practitioner's medical skills and ethics.
331	3. Is aware of any incidents in the practitioner's medical
332	practice that reflect insufficient skill or medical ethics to
333	properly dispense controlled substances.
334	4. Is aware of any facts or circumstances indicating that
335	the practitioner is likely to dispense controlled substances
336	without clinical justification.
337	5. Recommends the practitioner for controlled substance
338	dispensing registration.
339	(c) A person receiving a request for a statement of
340	reference may decline to complete or submit the statement of
341	reference. A completed statement of reference must be notarized
342	and submitted to the department.
343	(d) A person listed in paragraph (a) who submits a
344	statement of reference is immune from civil liability for
345	submitting the statement if the information provided in the
346	statement is provided in good faith.
347	(e) The Board of Pharmacy may not register a practitioner
348	for whom a statement of reference contains a negative
349	recommendation or for whom no positive recommendation is
350	submitted to the department. The board may not consider a
351	statement of reference that is not notarized. An administrative
352	challenge to the denial of a practitioner's registration or
353	registration renewal that is brought under chapter 120 must be
354	made to the practitioner's professional licensing board.
355	(f) This subsection applies to a physician at the next
356	renewal of his or her license, except that this subsection
357	applies to a physician practicing in Broward County, Miami-Dade
358	County, or Palm Beach County effective September 1, 2010.
359	(4) Effective July 1, 2012, the department may not
360	register a controlled substance dispensing practitioner unless
361	the practitioner demonstrates the ability to participate in and
362	transmit dispensing information through a multistate electronic
363	prescribing network. Effective January 1, 2013, a controlled
364	substance dispensing practitioner must transmit dispensing
365	information through a multistate electronic prescribing network
366	for each prescription of a controlled substance listed in
367	Schedule II, Schedule III, Schedule IV, or Schedule V of s.
368	893.03.
369	Section 9. Paragraph (a) of subsection (15) of section
370	499.028, Florida Statutes, is amended to read:
371	499.028 Drug samples or complimentary drugs; starter
372	packs; permits to distribute.-
373	(15) A person may not possess a prescription drug sample
374	unless:
375	(a) The drug sample was prescribed to her or him as
376	evidenced by the label required in s. 465.0276(7)(5).
377	Section 10. For the purpose of incorporating the amendment
378	made by this act to section 458.331, Florida Statutes, in
379	references thereto, section 458.303, Florida Statutes, is
380	reenacted to read:
381	458.303 Provisions not applicable to other practitioners;
382	exceptions, etc.-
383	(1) The provisions of ss. 458.301, 458.303, 458.305,
384	458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319,
385	458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
386	458.343, 458.345, and 458.347 shall have no application to:
387	(a) Other duly licensed health care practitioners acting
388	within their scope of practice authorized by statute.
389	(b) Any physician lawfully licensed in another state or
390	territory or foreign country, when meeting duly licensed
391	physicians of this state in consultation.
392	(c) Commissioned medical officers of the Armed Forces of
393	the United States and of the Public Health Service of the United
394	States while on active duty and while acting within the scope of
395	their military or public health responsibilities.
396	(d) Any person while actually serving without salary or
397	professional fees on the resident medical staff of a hospital in
398	this state, subject to the provisions of s. 458.321.
399	(e) Any person furnishing medical assistance in case of an
400	emergency.
401	(f) The domestic administration of recognized family
402	remedies.
403	(g) The practice of the religious tenets of any church in
404	this state.
405	(h) Any person or manufacturer who, without the use of
406	drugs or medicine, mechanically fits or sells lenses, artificial
407	eyes or limbs, or other apparatus or appliances or is engaged in
408	the mechanical examination of eyes for the purpose of
409	constructing or adjusting spectacles, eyeglasses, or lenses.
410	(2) Nothing in s. 458.301, s. 458.303, s. 458.305, s.
411	458.307, s. 458.309, s. 458.311, s. 458.313, s. 458.319, s.
412	458.321, s. 458.327, s. 458.329, s. 458.331, s. 458.337, s.
413	458.339, s. 458.341, s. 458.343, s. 458.345, or s. 458.347 shall
414	be construed to prohibit any service rendered by a registered
415	nurse or a licensed practical nurse, if such service is rendered
416	under the direct supervision and control of a licensed physician
417	who provides specific direction for any service to be performed
418	and gives final approval to all services performed. Further,
419	nothing in this or any other chapter shall be construed to
420	prohibit any service rendered by a medical assistant in
421	accordance with the provisions of s. 458.3485.
422	Section 11. For the purpose of incorporating the amendment
423	made by this act to section 458.331, Florida Statutes, in
424	references thereto, paragraph (d) of subsection (1) and
425	subsection (5) of section 458.311, Florida Statutes, are
426	reenacted to read:
427	458.311 Licensure by examination; requirements; fees.-
428	(1) Any person desiring to be licensed as a physician, who
429	does not hold a valid license in any state, shall apply to the
430	department on forms furnished by the department. The department
431	shall license each applicant who the board certifies:
432	(d) Has not committed any act or offense in this or any
433	other jurisdiction which would constitute the basis for
434	disciplining a physician pursuant to s. 458.331.
435	(5) The board may not certify to the department for
436	licensure any applicant who is under investigation in another
437	jurisdiction for an offense which would constitute a violation
438	of this chapter until such investigation is completed. Upon
439	completion of the investigation, the provisions of s. 458.331
440	shall apply. Furthermore, the department may not issue an
441	unrestricted license to any individual who has committed any act
442	or offense in any jurisdiction which would constitute the basis
443	for disciplining a physician pursuant to s. 458.331. When the
444	board finds that an individual has committed an act or offense
445	in any jurisdiction which would constitute the basis for
446	disciplining a physician pursuant to s. 458.331, then the board
447	may enter an order imposing one or more of the terms set forth
448	in subsection (8).
449	Section 12. For the purpose of incorporating the amendment
450	made by this act to section 458.331, Florida Statutes, in
451	references thereto, subsection (6) of section 458.313, Florida
452	Statutes, is reenacted to read:
453	458.313 Licensure by endorsement; requirements; fees.-
454	(6) The department shall not issue a license by
455	endorsement to any applicant who is under investigation in any
456	jurisdiction for an act or offense which would constitute a
457	violation of this chapter until such time as the investigation
458	is complete, at which time the provisions of s. 458.331 shall
459	apply. Furthermore, the department may not issue an unrestricted
460	license to any individual who has committed any act or offense
461	in any jurisdiction which would constitute the basis for
462	disciplining a physician pursuant to s. 458.331. When the board
463	finds that an individual has committed an act or offense in any
464	jurisdiction which would constitute the basis for disciplining a
465	physician pursuant to s. 458.331, the board may enter an order
466	imposing one or more of the terms set forth in subsection (7).
467	Section 13. For the purpose of incorporating the amendment
468	made by this act to section 458.331, Florida Statutes, in a
469	reference thereto, paragraph (d) of subsection (2) of section
470	458.3135, Florida Statutes, is reenacted to read:
471	458.3135 Temporary certificate for visiting physicians to
472	practice in approved cancer centers.-
473	(2) A temporary certificate for practice in an approved
474	cancer center may be issued without examination to an individual
475	who:
476	(d) Has not committed any act in this or any other
477	jurisdiction which would constitute the basis for disciplining a
478	physician under s. 456.072 or s. 458.331;
479	Section 14. For the purpose of incorporating the amendment
480	made by this act to section 458.331, Florida Statutes, in a
481	reference thereto, paragraph (e) of subsection (2) of section
482	458.3137, Florida Statutes, is reenacted to read:
483	458.3137 Temporary certificate for visiting physicians to
484	obtain medical privileges for instructional purposes in
485	conjunction with certain plastic surgery training programs and
486	plastic surgery educational symposiums.-
487	(2) A temporary certificate to practice medicine for
488	educational purposes to help teach plastic surgery residents of
489	a medical school within this state in conjunction with a
490	nationally sponsored educational symposium may be issued without
491	examination, upon verification by the board that the individual
492	meets all of the following requirements:
493	(e) Has not committed an act in this or any other
494	jurisdiction that would constitute a basis for disciplining a
495	physician under s. 456.072 or s. 458.331.
496	Section 15. For the purpose of incorporating the amendment
497	made by this act to section 458.331, Florida Statutes, in a
498	reference thereto, paragraph (g) of subsection (1) of section
499	458.3145, Florida Statutes, is reenacted to read:
500	458.3145 Medical faculty certificate.-
501	(1) A medical faculty certificate may be issued without
502	examination to an individual who:
503	(g) Has not committed any act in this or any other
504	jurisdiction which would constitute the basis for disciplining a
505	physician under s. 458.331;
506	Section 16. For the purpose of incorporating the amendment
507	made by this act to section 458.331, Florida Statutes, in
508	references thereto, paragraph (b) of subsection (1) and
509	subsection (2) of section 458.345, Florida Statutes, are
510	reenacted to read:
511	458.345 Registration of resident physicians, interns, and
512	fellows; list of hospital employees; prescribing of medicinal
513	drugs; penalty.-
514	(1) Any person desiring to practice as a resident
515	physician, assistant resident physician, house physician,
516	intern, or fellow in fellowship training which leads to
517	subspecialty board certification in this state, or any person
518	desiring to practice as a resident physician, assistant resident
519	physician, house physician, intern, or fellow in fellowship
520	training in a teaching hospital in this state as defined in s.
521	408.07(45) or s. 395.805(2), who does not hold a valid, active
522	license issued under this chapter shall apply to the department
523	to be registered and shall remit a fee not to exceed $300 as set
524	by the board. The department shall register any applicant the
525	board certifies has met the following requirements:
526	(b) Has not committed any act or offense within or without
527	the state which would constitute the basis for refusal to
528	certify an application for licensure pursuant to s. 458.331.
529	(2) The board shall not certify to the department for
530	registration any applicant who is under investigation in any
531	state or jurisdiction for an act which would constitute grounds
532	for disciplinary action under s. 458.331 until such time as the
533	investigation is completed, at which time the provisions of s.
534	458.331 shall apply.
535	Section 17. For the purpose of incorporating the amendment
536	made by this act to section 459.015, Florida Statutes, in a
537	reference thereto, subsection (8) of section 459.021, Florida
538	Statutes, is reenacted to read:
539	459.021 Registration of resident physicians, interns, and
540	fellows; list of hospital employees; penalty.-
541	(8) Notwithstanding any provision of this section or s.
542	120.52 to the contrary, any person who is registered under this
543	section is subject to the provisions of s. 459.015.
544	Section 18. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.