Current through Reg. 50, No. 187; September 24, 2024
(1) Policy Statement. Nominations for
appointment as a district medical examiner shall be made only after
solicitation of comments from city, county and state officials as well as from
directors of funeral homes. Candidates nominated by the Medical Examiners
Commission will be submitted to the Governor within 30 days after the
Commission has voted on the matter. It is not the intent of the Commission to
serve as the primary recruiting source for district medical examiner
candidates, rather, the Commission intends that this responsibility should
remain primarily within the district. The Commission will provide a medical
examiner member of the Commission to participate in the candidate screening
process at the district level.
(2)
Procedure for Nomination for Reappointment of District Medical Examiners.
(a) Prior to the expiration of each incumbent
district medical examiner's three year term of appointment, the Medical
Examiners Commission staff shall survey by written correspondence the
district's state attorney(s), public defender(s), sheriff(s), police chief(s),
county commissioner(s), funeral home directors and a member of the local
medical community. The survey will solicit input from each relevant to
performance of the incumbent district medical examiner and ask for a
"favorable" or "non-favorable" response regarding nomination for reappointment.
Additionally, the survey will ask for suggestions for improving district
medical examiner services. The survey shall request recommendations for the
nomination of the incumbent or any other qualified candidate(s) to serve as
district medical examiner.
(b) A
summary of the survey results shall be provided to the Commission. Copies of
the survey responses shall be forwarded to the incumbent district medical
examiner by Commission staff. The incumbent, together with any other qualified
candidates named in the survey responses, shall be notified in writing as to
the date, time and place of the Commission meeting which will be considering
the reappointment of the district medical examiner.
(c) The Commission chairman may request
establishment of a committee, as referred to in paragraph
11G-5.004(3)(b),
F.A.C., to address concerns regarding the incumbent district medical examiner
raised in the survey responses or to initiate a search for other candidates for
nomination by the Commission.
(3) Procedure to fill a District Medical
Examiner Vacancy.
(a) The Governor will be
notified by the Commission upon determination that a district medical examiner
position has become vacant or is anticipated to become vacant. The Commission
shall also notify the respective state attorney(s), public defender(s),
sheriff(s), police chief(s), county commission(s) and funeral home directors
for that medical examiner district, requesting that names of potential
candidates for the position of district medical examiner be submitted to the
candidate search committee established in paragraph
11G-5.004(3)(b),
F.A.C.
(b) Within 30 days of being
notified of a vacancy or anticipated vacancy, the Chairman of the Commission
shall call for a district candidate search committee to be established and
appoint a chairman. The search committee shall consist of invited
representatives from the offices of the state attorney(s), public defender(s),
sheriff(s), police chief(s), county commission(s), funeral homes and a
representative of the local medical community from within the bounds of that
particular medical examiner district and a physician member of the Medical
Examiners Commission or other medical examiner designated by the Chairman. The
search committee shall be requested to:
1.
Seek applications from interested candidates who are licensed physicians and
experienced practitioners of pathology who possess qualifications to take the
examination or already possess the primary certification offered by the
American Board of Pathology, American Osteopathic Board of Pathology, or equal
qualification rendered by a non-United States medical specialty certifying
agency.
2. Establish an interview
team, which shall have a quorum of three participants, to interview interested
candidates meeting minimum position qualifications. If the district includes a
medical school, the dean of the medical school should be invited to participate
as a member of the interview team.
3. Assure that the candidate(s) recommended
to the Commission for nomination as district medical examiner is in agreement
with the respective county representatives regarding the medical examiner
budget as outlined in section
406.06(3),
F.S.
4. Review background
information about the final candidate(s) from present and past sources, to
include a criminal history check, comments of county medical associations,
employment references, local hospitals, government agencies and funeral homes
with which the candidate(s) has a prior working relationship. Background
inquiries should incorporate information on work performance and working
relationships, as well as the candidate(s) reasons for and circumstances of
leaving employment.
5. Submit an
interview package to the Medical Examiners Commission staff for each candidate
recommended to the Commission for nomination consisting of: pertinent
correspondence regarding the candidate(s); results of background inquiries;
letters of reference; and a letter from the candidate(s) to the Commission
staff authorizing the release of information from former employers and the
Board of Medicine in the state in which the candidate(s) is or was
licensed.
6. Complete the candidate
selection and interview process and submit interview packages to the Commission
within 90 days of appointment of the candidate search committee unless
additional time is requested in writing and approved by the Commission
Chairman.
(c) The
Commission staff shall review interview packages for completeness, prior to
their being submitted to the Medical Examiners Commission and, if directed by
the Chairman, make additional inquiries concerning the candidate's background
or qualification.
1. The Commission staff
shall verify each candidate's medical licensure status.
2. The Commission staff shall notify all
candidates in writing of the time and place of the Commission meeting at which
the district nomination(s) will be considered.
(d) The Commission, by majority vote, shall
nominate one or more candidates to the Governor, to fill a district medical
examiner office vacancy prior to the expiration of six months from the date of
the vacancy. Nothing herein is intended to restrict the Commission's
consideration of candidates for nomination only to those persons who may be
recommended by a candidate search committee.
(e) The Commission will notify each candidate
in writing as to the action taken by the Commission regarding their nomination
as district medical examiner.
(f)
The Commission will notify the chairman of the candidate search committee in
writing on action taken by the commission regarding candidates submitted by the
district to fill a district medical examiner vacancy. If the Commission does
not vote to nominate any of the candidates submitted by the candidate search
committee, the chairman of the committee may be requested to submit other
candidates. The Office of the Governor will be notified that none of the
candidates submitted for that district were acceptable and that the position is
still vacant.
Rulemaking Authority
406.04 FS. Law Implemented
406.06(1)(a)
FS.
New 2-23-93, Amended 9-27-93,
5-21-12.