Medical Doctor License Requirements

How does Florida regulate and authorize licenses?   

A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).  

On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements. 

Need help receiving, renewing, or defending your license? Schedule your consultation today with a top administrative law and licensing attorney.  

Which laws and regulations apply to Florida doctor’s licenses?  

The Florida Board of Medicine (FBM) is the state entity responsible for regulating doctor licenses. It operates under the Florida Department of Health, authorized by Chapter 458 of the Florida Statutes to oversee the licensing and regulation of Medical Doctors (MDs) and Doctors of Osteopathic Medicine (DOs). The FBM ensures that physicians meet the necessary qualifications and adhere to specific standards of practice. 

Section 458.309 outlines the powers and duties of the FBM, including the issuance, renewal, and revocation of licenses. Florida Administrative Code (FAC) Chapter 64B8 provides further regulations on the practice of medicine, licensure requirements, and disciplinary actions. Federal regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), may also impact licensed doctors in Florida by establishing standards for protecting patient information. 

What are the application and retention requirements for doctor’s licenses in Florida? 

Application Requirements: 

To apply for a doctor’s license in Florida, applicants must meet several criteria outlined in Section 458.311 of the Florida Statutes and FAC Rule 64B8-4. Key requirements include: 

• Completion of an approved medical school program and at least two years of postgraduate training. 
• Successful completion of all parts of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX). 
• Submission of a completed application and payment of required fees. 
• Demonstration of good moral character and financial responsibility. 

Retention Requirements:

To maintain a doctor’s license in Florida, licensees must adhere to specific retention requirements outlined in Section 458.319 of the Florida Statutes and FAC Rule 64B8-13, including: 

• Renewing the license biennially and paying the associated fees.  
• Completing the required continuing medical education (CME) credits during each licensure period. The specific CME requirements are in FAC Rule 64B8-13. 
• Compliance with all applicable state and federal laws.  
• Maintaining malpractice insurance or demonstrating financial responsibility.  
• Adhering to ethical and professional standards, including compliance with guidelines from professional organizations such as the American Medical Association (AMA) and the American Osteopathic Association (AOA). 
• Reporting any disciplinary actions or changes in licensure status to the Florida Board of Medicine.  

Failure to comply with these retention requirements may result in disciplinary actions, including fines, probation, suspension, or revocation of the doctor’s license. In addition, the FBM may also take corrective action for unprofessional conduct or violation of any state or federal law relating to medicine, as outlined in Section 458.331 and FAC Rule 64B8-8. 

To determine whether you meet the requirements for a physician license, please contact our office to set up your initial consultation. 

Can the OFR’s license decision be appealed?  

Yes, an adverse license decision made by the OFR is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review. According to the APA, a party who is adversely affected by a final order of an agency may seek judicial review of the order. The FBM, as part of the Florida Department of Health, is considered an agency under Florida law. 

If an applicant or licensee receives an adverse decision from the FBM, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes. 

The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ). 

The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The FBM then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations. 

Suppose the petitioner is unsatisfied with the FBM’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law. 

Have more questions about a professional licensing-related situation?  

Crucially, this overview of doctor licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances. 

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively. 

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant. 

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.