The New Requirements and Effects of Florida’s “Live Healthy” Initiative on Medical Doctors and Foreign Medical Graduates

The Florida Department of Health’s (DOH’s) Board of Medicine has always had the authority to grant a license by examination under conditions or restrictions to a physician who meets the requirements of the law, provided in section 458.311, Florida Statutes. According to the new 2024 “Live Healthy” initiative though, physicians who do not meet the requirements for licensure by examination may be granted a license if they meet certain criteria. This initiative is geared toward internationally trained physicians who have traditionally not met the requirements for licensure, typically the requirement for two (2) years of post-graduate training.  The new law requires the internationally trained physician to meet certain requirements for licensure, one of which is a job offer to practice medicine in the State of Florida. Further, if the Board grants licensure, the Board can place the license under restrictions or conditions.

Now that the Board has operated under this new “Live Healthy” initiative, here are some practical effects that we have noticed in representing our Clients:

The Emphasized Importance of a Job Offer

The Board’s Credentials Committee (Committee) has asked applicants that appear before them regarding the applicants’ future employment for many years. Now, the legislature has written a job offer as a requirement for licensure under the new law. Specifically, the job offer must be for employment as a physician to practice medicine full-time in Florida. A written job offer is required at the time of application for licensure or before the license is granted. 

Conditional Licensure with Restrictions

Under the new law, the Board may place the license under conditions or restrictions.  Restrictions could include many things, such as restrictions to a type of facility, a specific specialty area, or practice under PRN, the Department of Health’s contracted impairment program.

A common restriction the Credentials Committee may place on a conditional license is supervised practice for a certain period of time. Typically, the period of supervised practice is 6 months to a year but could be longer at the Committee’s discretion.  The Committee will order the physician to practice under direct or indirect supervision which are defined in Board rules.

• Direct supervision often requires the supervising physician to be on the premises and immediately accessible.
• Indirect supervision requires the supervising physician to be within a reasonable proximity and be readily available to the supervised physician.

The Process of Supervision

There is a process that must be followed to have a supervising physician approved by the Committee or Committee Chair. The process involves providing a letter from the proposed supervising physician agreeing to serve in the supervisory capacity along with a copy of his/her Curriculum Vitae to the Committee Chair for approval. The proposed supervising physician must be in the same specialty area as the physician being supervised and the proposed supervisor’s license must be clear and active without any encumbrances.

In some cases, the proposed supervising physician may be required to appear before the Committee prior to approval. At the conclusion of the period of supervised practice, the supervising physician is required to submit a report to the Board office. The report must detail how the supervised physician performed and details of the supervision, including any issues encountered. Sometimes, the Committee will require quarterly reports from the supervising physician.

The new law opens doors to licensure for internationally trained physicians. However, in many circumstances, doctors would like to avoid unnecessary restrictions or conditions on their medical license. Let the experienced health care Attorneys at Howell, Buchan & Strong help you navigate the licensing process.  To schedule a free consultation with the Firm, contact Howell, Buchan & Strong, Attorneys at Law at 850-877-7776 or email lawyerhelpnow@jsh-pa.com. We assist health care professionals throughout Florida and those outside the state with queries regarding licensing and regulations under Florida law.