Osteopathic Medical Licenses

In Florida, to practice osteopathic medicine an individual must become a licensed osteopathic 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 osteopathic 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 healthcare systems.
• Prepare for an appearance before the Board of Osteopathic Medicine.
• Provide you with a letter after our representation for future employers explaining how the case was concluded.

The Department of Health (DOH) is responsible for regulation of health care practitioners in Florida. The regulation of the practice of osteopathic medicine falls under Chapter 459, Florida Statutes, commonly referred to as the “Medical Practice Act.” This practice act establishes the Board of Osteopathic Medicine, a variety of licenses, the application process with eligibility requirements and financial responsibility standards for practicing physicians.

The Board of Osteopathic 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 osteopathic physician licensure must undergo a Level II background screening and submit a set of fingerprints to the Florida Department of Law Enforcement to 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 DOH for consideration during the licensing process. An osteopathic physician licensed in Florida must undergo a level II background screening every 5 years.

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

Process for obtaining a Medical License in Florida

Obtaining a license to practice osteopathic 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 Osteopathic Medicine.

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.

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 osteopathic 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 of osteopathic medicine; *
• Has actively practiced medicine for at least 3 years during the 4 years 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 osteopathic 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 459.0085; 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 Osteopathic 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 osteopathic medical practice act, unless the board determines that such act does not adversely affect the applicant’s present ability and fitness to practice osteopathic 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 osteopathic medicine denied or a license to practice osteopathic 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;
• Not have received less than a satisfactory evaluation from an internship, residency, or fellowship training program, unless the board determines that such act does 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;
• Demonstrate that he or she is a graduate of a medical college recognized and approved by the American Osteopathic Association;
• Demonstrate that she or he has successfully completed an internship or a residency of not less than 12 months in a program accredited for this purpose by the American Osteopathic Association or the Accreditation Council for Graduate Medical Education; and
• Demonstrate that she or he has obtained a passing score on all parts of the examination conducted by the National Board of Osteopathic Medical Examiners or other examination approved by the board no more than 5 years before making application in this state or, if holding a valid active license in another state, that the initial licensure in the other state occurred no more than 5 years after the applicant obtained a passing score on the examination conducted by the National Board of Osteopathic Medical Examiners or other substantially similar examination approved by the board.

Personal Appearances Before the Florida Board of Osteopathic Medicine

When something in the application is missing from the submission, a personal appearance before the Board of Osteopathic Medicine is required. In such cases, the staff sends the applicant a notice of hearing which requests that the applicant appears before the Board. Personal appearances by the osteopathic physician applicant are required in instances where the Board has questions about certain matters. Some of the areas of inquiry if you are asked to make a personal appearance 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 an osteopathic medical license go before the Florida Board of Osteopathic Medicine. The members of the Board, most of whom are physicians, are allowed to question the applicant about the application and any matter that concerns the requirements for licensure. The osteopathic physician applicant is placed under oath and is allowed to make a statement. During this time, the Board 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 Board 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.

Is it Advisable to Retain An Attorney?

You should know that the Board of Osteopathic 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 Board must decide in the case of medical education and postgraduate 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 Board are trying to discern from the testimony of the osteopathic physician if he or she is safe to practice osteopathic medicine.

It has been our experience as practicing attorneys that the Board hearings are about documentation, preparation and good communications with Board members. 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 from the Board. 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 Board to withdraw the application rather than have the Board 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, osteopathic 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 osteopathic physicians with licensing and discipline in Florida.

Future Meeting Dates for the Florida Board of Osteopathic Medicine

Sometimes an osteopathic physician is required to appear before the Board of Osteopathic Medicine (Board) because something is lacking in his or her medical application. Other times, an osteopathic physician is required to appear before the Board for discipline. And at other times, individuals may just want to go to a Board for other reasons.

Tip: Osteopathic physicians may not know that they may attend a full day of disciplinary hearings at a Board meeting and receive five (5) hours CME credit that counts towards the osteopathic physician’s renewal CME requirements. Be sure to sign in when you arrive!

Upcoming Board of Osteopathic Medicine meeting dates:

Be sure to go to the Board of Osteopathic Medicine’s website before each meeting to see the location of the meeting.