Current through Reg. 50, No. 187; September 24, 2024
(1) No license
to practice osteopathic medicine in Florida which was revoked by the Board
after June 5, 1983, or which was voluntarily relinquished after July 1, 1988,
shall be subject to reinstatement unless leave to petition for reinstatement
was specifically authorized in the final order. An osteopathic physician whose
license was revoked or relinquished may, however, apply for relicensure unless,
in the case of relinquishment, the osteopathic physician explicitly agreed
never to reapply for licensure.
(2)
When disciplinary action is taken against a licensee which results in the
licensee's being unable to use the license for a period of time for reasons
including, but not limited to, suspension, inactivation, or other restriction,
but not including revocation subsequent to June 5, 1983, the licensee may
petition for reinstatement of the license as follows:
(a) When the suspension, inactivation, or
restriction is for a definite period of time and is not based upon the
osteopathic physician's ability to safely engage in the practice of osteopathic
medicine pursuant to Section
459.015(3),
F.S., the license shall be reinstated upon expiration of the period of
suspension if full compliance with the final order has been shown and the
licensee has submitted documentation of completion of the continuing medical
education requirements imposed on an active status licensee for all biennial
licensure periods in which the licensee was suspended, inactive or under other
restriction.
(b) When the
suspension, inactivation, or other restriction is for a definite period of
time, is based upon the osteopathic physician's ability to safely engage in the
practice of osteopathic medicine, or both, the licensee shall demonstrate to
the Board at the expiration of the period of suspension, or immediately prior
thereto, compliance with the terms and conditions of the final order,
completion of the continuing medical education requirements imposed on an
active status licensee for all biennial licensure periods in which the licensee
was suspended, inactive or under other restriction, and, where applicable, the
ability to safely engage in the practice of osteopathic medicine in order to
obtain reinstatement. The Board shall consider reinstatement at either the
Board meeting immediately preceding expiration or at any Board meeting
subsequent thereto. If the licensee is able to demonstrate compliance with the
terms of the final order and, where applicable, the ability to safely engage in
the practice of osteopathic medicine, the Board shall reinstate the
license.
(c) When the suspension,
inactivation, or other restriction is for a definite period of time or for an
indefinite period of time, the licensee may petition the Board to consider
reinstatement of a license acted against for an indefinite period of time or
early reinstatement of a license acted against for a definite period of time.
When such a petition is filed, it must include all documentation of the
petitioner's compliance with the final order, completion of the continuing
medical education requirements imposed on an active status licensee for all
biennial licensure periods in which the licensee was suspended, inactive or
under other restriction, petitioner's ability to safely engage in practice,
petitioner's plan for the return to practice, and any other information which
the petitioner would want the Board to consider if it grants the petition for
consideration. If the plan for return to practice includes a period of
supervised practice, the documentation should include the name of the proposed
supervising physician and a written statement from the proposed supervising
physician of his or her willingness to serve in that capacity. No oral
testimony or personal appearance will be permitted at the time the Board hears
a petition to consider reinstatement or early reinstatement. Upon the granting
by the Board of the petition to consider such reinstatement or early
reinstatement, the licensee shall, at a subsequent meeting, have an opportunity
to demonstrate his or her ability to safely engage in the practice of
osteopathic medicine and compliance with the terms of the final order. The
Board shall reinstate the license upon a proper demonstration of competency and
of compliance with the final order by the licensee.
(3) In order to demonstrate the ability to
safely engage in the practice of osteopathic medicine, a licensee shall show
compliance with all terms of the final order and may, in addition, present
evidence of additional matters, including, but not limited to:
(a) Completion of continuing education
courses approved by the Board;
(b)
Participation in medical educational programs, including post-graduate
training, internships, residencies, or fellowships;
(c) Submission of reports of mental or
physical examination by appropriate professionals;
(d) Completion of treatment within a program
designed to alleviate alcohol, chemical, or drug dependencies, including
necessary aftercare measures or a plan for continuation of such treatment, as
appropriate;
(e) If action was
taken against a Florida license based on action taken against the license or
the authority to practice osteopathic medicine by the licensing authority of
another jurisdiction, proof that the licensee has a license in the jurisdiction
which took action and that license is in good standing and
unencumbered;
(f) If action was
taken against the license based on conviction of, being found guilty of, or
entry of a plea of nolo contendere to a crime, proof that all criminal
sanctions imposed by the court have been satisfied; and,
(g) Other factors, not enumerated, which
would demonstrate the osteopathic physician's ability to safely engage in the
practice of osteopathic medicine.
Rulemaking Authority 459.005, 459.015 FS. Law Implemented
459.015 FS.
New 10-13-03.
