Florida Statutes 456.4502 – Interstate Medical Licensure Compact; disciplinary proceedings
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Terms Used In Florida Statutes 456.4502
- Board: means any board or commission, or other statutorily created entity to the extent such entity is authorized to exercise regulatory or rulemaking functions, within the department, except that, for ss. See Florida Statutes 456.001
- Department: means the Department of Health. See Florida Statutes 456.001
- License: means any permit, registration, certificate, or license, including a provisional license, issued by the department. See Florida Statutes 456.001
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
A physician licensed pursuant to chapter 458, chapter 459, or s. 456.4501 whose license is suspended or revoked by this state pursuant to the Interstate Medical Licensure Compact as a result of disciplinary action taken against the physician’s license in another state must be granted a formal hearing before an administrative law judge from the Division of Administrative Hearings held pursuant to chapter 120 if there are any disputed issues of material fact. In such proceedings:
(1) Notwithstanding s. 120.569(2), the department shall notify the division within 45 days after receipt of a petition or request for a formal hearing.
(2) The determination of whether the physician has violated the laws and rules regulating the practice of medicine or osteopathic medicine, as applicable, including a determination of the reasonable standard of care, is a conclusion of law that is to be determined by appropriate board and is not a finding of fact to be determined by an administrative law judge.
(3) The administrative law judge shall issue a recommended order pursuant to chapter 120.
(4) The Board of Medicine or the Board of Osteopathic Medicine, as applicable, shall determine and issue the final order in each disciplinary case. Such order shall constitute final agency action.
(5) Any consent order or agreed-upon settlement is subject to the approval of the department.
(6) The department shall have standing to seek judicial review of any final order of the board, pursuant to s. 120.68.