Medical Licenses

We assist physicians with navigating the Florida licensing process, addressing criminal background issues, reviewing contracts, and representing them before the Board of Medicine.

Applying for a Florida Medical License

In Florida, to practice medicine an individual must become a licensed medical doctor through licensure by examination or licensure by Mobile Opportunity Interstate Licensure Endorsement (MOBILE). Florida does not automatically recognize another state’s medical license or provide for licensure reciprocity. Our Firm represents and advises physician clients who need help and guidance with the medical licensing process.

Our Firm Helps Physicians:

Understand the process.
With advice on how to successfully navigate the system.
With advice on options & strategies for dealing with PRN.
Develop strategies for addressing criminal background issues.
Review employment contracts with hospital and health care systems.
Prepare for an appearance before the Board of Medicine’s Credentials Committee.
Provide you with a letter for future employers after our representation explaining how the case was concluded.

The Department of Health (DOH) is responsible for regulating health care practitioners in Florida. The regulation of the practice of medicine falls under Chapter 458, Florida Statutes, commonly referred to as the Medical Practice Act. This act establishes the Board of Medicine, various licenses, the application process with eligibility requirements, and financial responsibility standards for practicing physicians.

The Board of Medicine also has legal authority to establish, by rule, standards of practice and standards of care for a particular setting. Such standards may include education and training, medication including anesthetics, assistance of a delegation to other personnel, sterilization, performance of complex or multiple procedures, records, informed consent and policy and procedure manuals.

Florida background checks and background screening for physicians

All applicants for initial physician licensure must undergo a Level II background screening and submit a set of fingerprints to the Florida Department of Law Enforcement for the purpose of conducting a search for any Florida and national criminal history records that may pertain to the applicant. The results of the search are returned to the Healthcare Provider Background Screening Clearinghouse, which is part of the Agency for Health Care Administration and made available to the DOH for consideration during the licensing process. A physician licensed in Florida must undergo a level II background screening every 5 years.

If the physician has a criminal record there is a process by which he or she can obtain an exemption from disqualification from employment in Florida.

The Process for obtaining a Medical License in Florida

Obtaining a license to practice medicine in Florida starts with completion of an application and submission to the Division of Medical Quality Assurance (MQA) at the Florida Department of Health.

The staff of MQA reviews the application and processes it for the Florida Board of Medicine.

It is important to note that staff processes a high volume of medical license applications and assuming there are no problems with the application it is still impossible to predict the amount of time in which the state will grant a license. According to the DOH website it “could take up to 10 business days to issue your license after completion of your application.” Furthermore, the website goes on to state that it could take an additional 7 days after the issuance of the license in which to receive the actual license.

If the staff assigned to process a license application does not have all of the information they need, staff will mail or email the applicant a “deficiency letter” within approximately 30 days after receiving the application. If the applicant does not provide the requested supplemental information for the application, the application will expire within one (1) year of the DOH receiving the application.

Personal Appearances Before the Florida Board of Medicine

When something in the application is missing from the submission a personal appearance before the credentials committee or the Board of Medicine is required. In such cases, the staff sends the applicant a notice of hearing which requests that the applicant appears before the committee or Board. Personal appearances by the physician applicant are required in instances where the Board has questions about certain matters. If you are asked to make a personal appearance before the Florida Board of Medicine, inquiries may include:

Prior malpractice suits
Questions about your medical education, postgraduate training;
Criminal background history;
Prior disciplinary actions; or
other reasons

Most hearings that concern an application for medical license go before the Credentials Committee of the Florida Board of Medicine. The members of the Committee, most of whom are physicians, are given an opportunity to question the applicant about the application and any matter that concerns the requirements for licensure. The physician applicant is placed under oath and is given an opportunity to make a statement. During this time, the Committee members are often judging the applicant’s honesty and candor as well as credentials to practice. Along these lines, one should always prepare to testify before the Committee and not simply show up and talk to the members. In some instances, it is advisable to submit additional documentation to supplement the application, when necessary.

Requirements for Licensure by Mobile Opportunity Interstate Licensure Endorsement (MOBILE)

Completes the appropriate MOBILE application;
Pays a fee in an amount not to exceed $500.00;
Holds an active, unencumbered license issued by another state, District of Columbia, or territory of the United States to practice medicine with a similar scope of practice;
Has obtained a passing score on a national licensure examination or holds a national certification recognized by the board as applicable to the practice medicine; *
Has actively practiced medicine for at least 3 years during the 4-year period immediately preceding the date of submission of the application;
Attests that he or she is not, at the time of submission of the application, the subject of a disciplinary proceeding in a jurisdiction in which he or she holds a license or by the United States Department of Defense for reasons related to the practice of medicine;
Has not had disciplinary action taken against him or her in the 5 years immediately preceding the date of submission of the application;
Meets the financial responsibility requirements of s. 456.048 or section 458.0085; and
Submits a set of fingerprints for a background screening pursuant to s. 456.0135.

* An applicant for a profession that does not require a national examination or national certification is eligible for licensure if the Board of Medicine determines that the jurisdiction in which the applicant currently holds an active, unencumbered license meets established minimum education requirements and, if applicable, examination, work experience, and clinical supervision requirements that are substantially similar to the requirements for licensure in that profession in this state.

Requirements for Licensure by Examination

Completes the appropriate examination application;
Pays a fee in an amount not to exceed $500.00;
Has not previously committed any act that would constitute a violation of the medical practice act, unless the board determines that such act does not adversely affect the applicant’s present ability and fitness to practice medicine;
Not be under investigation in any jurisdiction for an act that would constitute a violation of the law;
Have not had an application for a license to practice medicine denied or a license to practice medicine revoked, suspended, or otherwise acted against by the licensing authority of any jurisdiction unless the board determines that the grounds on which such action was taken do not adversely affect the applicant’s present ability and fitness to practice osteopathic medicine;
Submit to the department a set of fingerprints for the criminal background check of the applicant;
Be a graduate of an Allopathic US Medical School of a school recognized and approved by the US Office of Education (AMG) and has completed at least one year of approved residency training; OR
Be a graduate of an Allopathic international medical school (IMG) and have a valid Educational Commission for Foreign Medical Graduates (ECFMG) certificate and has completed an approved residency of at least 2 years in one specialty area; OR
Be a graduate who has completed the formal requirements of an international medical school except the internship or social service requirement, passed parts I and II of the NBME or ECFMG equivalent examination, and completed an academic year of supervised clinical training (5th pathway) and completed an approved residency of at least 2 years in one specialty area;

And one of the following:

Passed all parts of a national examination (NBME, FLEX, or USMLE) or currently licensed in the U.S. or Canada, and has actively practiced pursuant to such licensure for at least 10 years, has passed a state board or LMCC examination, and passed the SPEX examination; OR
Licensed on the basis of a state board exam prior to 1974, and is currently licensed in at least three other jurisdictions in the U.S. or Canada, and practiced pursuant to such licensure for at least 20 years.

Is it Advisable to Retain An Attorney?

You should know that the Credentials Committee of the Board of Medicine is a forum just as a courtroom is, where testimony is received, questions asked by members, and judgments are made regarding whether an applicant is fit to practice. More particularly, the Committee must decide in the case of medical education and post-graduate training, if the applicant meets the strict requirements of the law.

In instances where the applicant has a past criminal history, substance abuse/alcohol problem, discipline in another state, or some other issue, the members of the Committee are trying to discern from the testimony of the physician if he or she is safe to practice medicine.

It has been our experience as practicing attorneys that the Credentials Committee hearings are about documentation, preparation and good communications with Committee members. Obviously, you have to meet all the legal requirements for a license, but often an applicant is not able to furnish information or articulate sufficiently an answer to a question the Committee member. This becomes problematic.

An applicant who has difficulty communicating with the members is in some instances viewed as not qualified or insincere. Similarly, if the members are not convinced by what they hear from the applicant they are not going to vote to approve a license.

In some instances, it may be advisable to ask the Committee to withdraw the application rather than have the Credentials Committee take a formal vote and reject the applicant.

The decision to hire an attorney to assist with the application process is an important one. In most instances, physicians complete, submit and have their application approved. However, when the applicant has issues similar to those previously mentioned it is important to seek advice from a health care attorney with experience with the process. Our Firm represents physicians with licensing and discipline matters in Florida.

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