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The Florida Senate passed Senate Bill 7016 to expand the residents’ access to healthcare as the state’s population continues to grow. The law attempts to increase the number of doctors in the state by expanding medical residency programs in Florida and establishing a pathway for licensure by foreign-trained physicians.
Part of the solution for addressing the shortage of physicians is removing certain barriers for foreign-trained physicians to practice in Florida. Prior to the passage of the law, foreign-trained physicians were required to complete another residency in the U.S. before becoming qualified to practice, despite already having a medical license elsewhere. Under the new law, foreign-trained physicians are exempt from the previous residency requirement, barring that they qualify for the new criteria set forth under the law.
Florida Statute Section 458.311(8)(e) is amended to state that graduates of a foreign medical school who have not completed a U.S. residency may bypass the requirement by meeting the following criteria:
- Has an active, unencumbered license to practice medicine in a foreign country;
- Has actively practiced medicine during the entire 4-year period preceding the date of the submission of a licensure application;
- Has completed a residency or substantially similar postgraduate medical training in a country recognized by his or her licensing jurisdiction which is substantially similar to a residency program accredited by the Accreditation Council for Graduate Medical Education, as determined by the board;
- Has had his or her medical credentials evaluated by the Educational Commission for Foreign Medical Graduates, holds an active, valid certificate issued by that commission, and has passed the examination used by that commission; and
- Has an offer for full-time employment as a physician from a health care provider that operates in this state. For the purposes of this paragraph, the term “health care provider” means a health care professional, health care facility, or entity licensed or certified to provide health services in this state as recognized by the board.
Further, the Board of Medicine may certify the licensure of a foreign-trained physician who has held an active medical faculty certificate and has taught at a Florida medical school full-time for at least three consecutive years.
Future Impacts
With the residency requirement removed for qualified foreign-trained physicians and the ability to receive licensure through teaching, there may be quite a few individuals who want to use the opportunity to become a licensed physician in Florida. The law is expected to benefit over 30,000 foreign-trained physicians who can qualify under the new requirements. It’s likely that this law will have a significant impact on the status of our healthcare system for years to come.
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Jamaal R. Jones is a Health Law Attorney at Jones Health Law P.A. where he represents healthcare practitioners and facilities in healthcare transactions, regulatory compliance, licensing matters, and healthcare litigation. He is an Adjunct Professor at the University of Tennessee Winston College of Law where he teaches Health Law Compliance. Jamaal is the Immediate Past-Chair of the Health Law Section of the Florida Bar and current Vice Chair of Physician Organization Practice Group for the American Health Lawyer’s Association. He also has a YouTube page and Podcast aptly called “Jones Health Law” where he discusses healthcare law issues and interviews healthcare practitioners. (305) 877-5054; @joneshealthlaw; jrj@joneshealthlaw.com
