The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 458
MEDICAL PRACTICE

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F.S. 458.313

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 on forms furnished by the department and remitting a fee set by the board not to exceed $500, the board certifies:

(a) Has met the qualifications for licensure in s. 458.311(1)(b)-(g) or in s. 458.311(1)(b)-(e) and (g) and (3);

(b) Prior to January 1, 2000, 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), on the United States Medical Licensing Examination (USMLE), or on the examination of the National Board of Medical Examiners, or on a combination thereof, and on or after January 1, 2000, has obtained a passing score on the United States Medical Licensing Examination (USMLE); and

(c) Has submitted evidence of the active licensed practice of medicine in another jurisdiction, for at least 2 of the immediately preceding 4 years, or evidence of successful completion of either a board-approved postgraduate training program within 2 years preceding filing of an application or a board-approved clinical competency examination within the year preceding the filing of an application for licensure. For purposes of this paragraph, “active licensed practice of medicine” means that practice of medicine by physicians, including those employed by any governmental entity in community or public health, as defined by this chapter, medical directors under s. 641.495(11) who are practicing medicine, and those on the active teaching faculty of an accredited medical school.

(2) The board may require an applicant for licensure by endorsement to take and pass the appropriate licensure examination prior to certifying the applicant as eligible for licensure.

(3) The department and the board shall ensure 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(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).

(4) 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.

(5) 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.

(6) 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, the board may enter an order imposing one or more of the terms set forth in subsection (7).

(7) 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; s. 216, ch. 96-410; s. 1087, ch. 97-103; s. 134, ch. 97-237; s. 19, ch. 97-264; s. 10, ch. 97-273; s. 95, ch. 99-397; s. 70, ch. 2008-6.

F.S. 458.313 on Google Scholar

F.S. 458.313 on Casetext

Amendments to 458.313

Arrestable Offenses / Crimes under Fla. Stat. 458.313

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 458.313.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MAYO CLINIC JACKSONVILLE, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 625 So. 2d 918 (Fla. Dist. Ct. App. 1993)

. . . Kelalis appeal a final administrative order entered by the Board of Medicine, interpreting section 458.313 . . . Kelalis holds his Florida medical license by endorsement under section 458.313(l)(b). St. . . . Section 458.313(l)(b) is not ambiguous. . . . Section 458.313 is the statute governing physician licensure by endorsement. . . . Sections 458.309, 458.313, Fla.Stat. (1989). . . .

LAVERNIA, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 616 So. 2d 53 (Fla. Dist. Ct. App. 1993)

. . . In the meantime, effective October 1, 1989, section 458.313 governing licensure by endorsement was amended . . . practice of medicine in another jurisdiction, for at least 2 of the immediately preceding 4 years.” § 458.313 . . .

BOARD OF MEDICINE, v. MATA,, 561 So. 2d 364 (Fla. Dist. Ct. App. 1990)

. . . Section 458.313(3), Florida Statutes (Supp.1988), requires that, “The department and the board shall . . . The Board likewise followed the directive contained in section 458.313(3) by extending the time to pass . . . Applications for licensure by endorsement are governed by section 458.313, and the proceedings are subject . . . See § 458.313(3), Fla.Stat. (Supp.1988), quoted in part at note 4, infra. . . . . Section 458.313(3) also provides: "When the investigative process is not completed within the time set . . .

GRIMBERG, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE,, 542 So. 2d 457 (Fla. Dist. Ct. App. 1989)

. . . See generally § 458.313(l)(a), Fla.Stat. (Supp.1988). No abuse of discretion is shown. . . .

MEMON, M. D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 504 So. 2d 1341 (Fla. Dist. Ct. App. 1987)

. . . Board could properly deny appellant’s license; and 4) whether the Board’s interpretation of section 458.313 . . . Because the Board’s construction of section 458.313(l)(d), Florida Statutes, contravened the literal . . . applied to the Florida Board of Medical Examiners for licensure by endorsement pursuant to section 458.313 . . . (emphasis supplied) The Board concluded that because the purpose of section 458.313(l)(d) is to assure . . . Section 458.313(l)(d) was amended in 1984. 1984 Laws of Florida 553. . . .

E. SPIRO, D. D. S. v. HIGHLANDS GENERAL HOSPITAL,, 489 So. 2d 802 (Fla. Dist. Ct. App. 1986)

. . . The Medical Practice Act establishes in sections 458.311 and 458.313, Florida Statutes (1985), the minimum . . .

BACHYNSKY, M. D. v. STATE DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS,, 471 So. 2d 1305 (Fla. Dist. Ct. App. 1985)

. . . Bachynsky does not establish good moral character as required for licensure by section 458.313(l)(b), . . . Florida Statutes, which reads: 458.313 Licensure by endorsement.— (1) The department shall issue a license . . . Bachynsky meets the qualifications of Sections 458.313 and 458.331, Florida Statutes, in view of his . . . 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 li-censure by endorsement . . .

DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS, v. DURRANI,, 455 So. 2d 515 (Fla. Dist. Ct. App. 1984)

. . . an invalid delegation of legislative authority in that it adds substantive requirements to section 458.313 . . . Licensure by endorsement is provided for in Section 458.313(l)(d), Florida Statutes, as follows: (1) . . . Rule 21M-29.01(2) interprets the section 458.313(l)(d) phrase “has been certified by licensure examination . . . Section 458.313(1) requires that endorsement candidates meet the qualifications for licensure in section . . . The interpretation of section 458.313(l)(d) urged by Durrani, and apparently accepted by the hearing . . .

J. BARKER, v. BOARD OF MEDICAL EXAMINERS, DEPARTMENT OF PROFESSIONAL REGULATION,, 428 So. 2d 720 (Fla. Dist. Ct. App. 1983)

. . . .-311; .... ” Section 458.313(l)(c), Florida Statutes (1979) (pertaining to licensure by endorsement) . . . Section 458.313(1)(c), Florida Statutes (1979), although worded differently from section 458.08(1), authorizes . . . In the instant case, the critical finding, which involved essentially an interpretation of section 458.313 . . .