Florida Statutes
Chapter 456 - Health Professions and Occupations: General Provisions
456.022 - Foreign-Trained Professionals; Special Examination and License Provisions.


(1) When not otherwise provided by law, within its jurisdiction, the department shall by rule provide procedures under which exiled professionals may be examined within each practice act. A person shall be eligible for such examination if the person:
(a) Immigrated to the United States after leaving the person’s home country because of political reasons, provided such country is located in the Western Hemisphere and lacks diplomatic relations with the United States;
(b) Applies to the department and submits a fee;
(c) Was a Florida resident immediately preceding the person’s application;
(d) Demonstrates to the department, through submission of documentation verified by the applicant’s respective professional association in exile, that the applicant was graduated with an appropriate professional or occupational degree from a college or university; however, the department may not require receipt of any documentation from the Republic of Cuba as a condition of eligibility under this section;
(e) Lawfully practiced the profession for at least 3 years;
(f) Prior to 1980, successfully completed an approved course of study pursuant to chapters 74-105 and 75-177, Laws of Florida; and
(g) Presents a certificate demonstrating the successful completion of a continuing education program which offers a course of study that will prepare the applicant for the examination offered under subsection (2). The department shall develop rules for the approval of such programs for its boards.

(2) Upon request of a person who meets the requirements of subsection (1) and submits an examination fee, the department, for its boards, shall provide a written practical examination which tests the person’s current ability to practice the profession competently in accordance with the actual practice of the profession. Evidence of meeting the requirements of subsection (1) shall be treated by the department as evidence of the applicant’s preparation in the academic and preprofessional fundamentals necessary for successful professional practice, and the applicant shall not be examined by the department on such fundamentals.
(3) The fees charged for the examinations offered under subsection (2) shall be established by the department, for its boards, by rule and shall be sufficient to develop or to contract for the development of the examination and its administration, grading, and grade reviews.
(4) The department shall examine any applicant who meets the requirements of subsections (1) and (2). Upon passing the examination and the issuance of the license, a licensee is subject to the administrative requirements of this chapter and the respective practice act under which the license is issued. Each applicant so licensed is subject to all provisions of this chapter and the respective practice act under which the license was issued.
(5) Upon a request by an applicant otherwise qualified under this section, the examinations offered under subsection (2) may be given in the applicant’s native language, provided that any translation costs are borne by the applicant.
(6) The department, for its boards, shall not issue an initial license to, or renew a license of, any applicant or licensee who is under investigation or prosecution in any jurisdiction for an action which would constitute a violation of this chapter or the professional practice acts administered by the department and the boards until such time as the investigation or prosecution is complete, at which time the provisions of the professional practice acts shall apply.
History.—s. 56, ch. 97-261; s. 52, ch. 2000-160.
Note.—Former s. 455.581.

Structure Florida Statutes

Florida Statutes

Title XXXII - Regulation of Professions and Occupations

Chapter 456 - Health Professions and Occupations: General Provisions

456.001 - Definitions.

456.002 - Applicability.

456.003 - Legislative Intent; Requirements.

456.004 - Department; Powers and Duties.

456.005 - Long-Range Policy Planning.

456.006 - Contacting Boards Through Department.

456.007 - Board Members.

456.008 - Accountability and Liability of Board Members.

456.009 - Legal and Investigative Services.

456.011 - Boards; Organization; Meetings; Compensation and Travel Expenses.

456.012 - Board Rules; Final Agency Action; Challenges.

456.013 - Department; General Licensing Provisions.

456.0135 - General Background Screening Provisions.

456.014 - Public Inspection of Information Required From Applicants; Exceptions; Examination Hearing.

456.015 - Limited Licenses.

456.016 - Use of Professional Testing Services.

456.017 - Examinations.

456.018 - Penalty for Theft or Reproduction of an Examination.

456.019 - Restriction on Requirement of Citizenship.

456.021 - Qualification of Immigrants for Examination to Practice a Licensed Profession or Occupation.

456.022 - Foreign-Trained Professionals; Special Examination and License Provisions.

456.023 - Exemption for Certain Out-of-State or Foreign Professionals; Limited Practice Permitted.

456.024 - Members of Armed Forces in Good Standing With Administrative Boards or the Department; Spouses; Licensure.

456.0241 - Temporary Certificate for Active Duty Military Health Care Practitioners.

456.025 - Fees; Receipts; Disposition.

456.026 - Annual Report Concerning Finances, Administrative Complaints, Disciplinary Actions, and Recommendations.

456.027 - Education; Accreditation.

456.028 - Consultation With Postsecondary Education Boards Prior to Adoption of Changes to Training Requirements.

456.029 - Education; Substituting Demonstration of Competency for Clock-Hour Requirements.

456.0301 - Requirement for Instruction on Controlled Substance Prescribing.

456.031 - Requirement for Instruction on Domestic Violence.

456.032 - Hepatitis B or HIV Carriers.

456.033 - Requirement for Instruction for Certain Licensees on HIV and Aids.

456.0341 - Requirements for Instruction on Human Trafficking.

456.035 - Address of Record.

456.036 - Licenses; Active and Inactive Status; Delinquency.

456.0361 - Compliance With Continuing Education Requirements.

456.037 - Business Establishments; Requirements for Active Status Licenses; Delinquency; Discipline; Applicability.

456.038 - Renewal and Cancellation Notices.

456.039 - Designated Health Care Professionals; Information Required for Licensure.

456.0391 - Advanced Practice Registered Nurses; Information Required for Licensure.

456.0392 - Prescription Labeling.

456.041 - Practitioner Profile; Creation.

456.042 - Practitioner Profiles; Update.

456.043 - Practitioner Profiles; Data Storage.

456.044 - Practitioner Profiles; Rules; Workshops.

456.045 - Practitioner Profiles; Maintenance of Superseded Information.

456.046 - Practitioner Profiles; Confidentiality.

456.048 - Financial Responsibility Requirements for Certain Health Care Practitioners.

456.049 - Health Care Practitioners; Reports on Professional Liability Claims and Actions.

456.0495 - Reporting Adverse Incidents Occurring in Planned Out-of-Hospital Births.

456.0496 - Provision of Information on Eye and Vision Disorders to Parents During Planned Out-of-Hospital Births.

456.051 - Reports of Professional Liability Actions; Bankruptcies; Department of Health’s Responsibility to Provide.

456.052 - Disclosure of Financial Interest by Production.

456.053 - Financial Arrangements Between Referring Health Care Providers and Providers of Health Care Services.

456.054 - Kickbacks Prohibited.

456.055 - Chiropractic and Podiatric Health Care; Denial of Payment; Limitation.

456.056 - Treatment of Medicare Beneficiaries; Refusal, Emergencies, Consulting Physicians.

456.057 - Ownership and Control of Patient Records; Report or Copies of Records to Be Furnished; Disclosure of Information.

456.0575 - Duty to Notify Patients.

456.058 - Disposition of Records of Deceased Practitioners or Practitioners Relocating or Terminating Practice.

456.059 - Communications Confidential; Exceptions.

456.061 - Practitioner Disclosure of Confidential Information; Immunity From Civil or Criminal Liability.

456.062 - Advertisement by a Health Care Practitioner of Free or Discounted Services; Required Statement.

456.063 - Sexual Misconduct; Disqualification for License, Certificate, or Registration.

456.0635 - Health Care Fraud; Disqualification for License, Certificate, or Registration.

456.065 - Unlicensed Practice of a Health Care Profession; Intent; Cease and Desist Notice; Penalties; Enforcement; Citations; Fees; Allocation and Disposition of Moneys Collected.

456.066 - Prosecution of Criminal Violations.

456.067 - Penalty for Giving False Information.

456.068 - Toll-Free Telephone Number for Reporting of Complaints.

456.069 - Authority to Inspect.

456.071 - Power to Administer Oaths, Take Depositions, and Issue Subpoenas.

456.072 - Grounds for Discipline; Penalties; Enforcement.

456.073 - Disciplinary Proceedings.

456.074 - Certain Health Care Practitioners; Immediate Suspension of License.

456.075 - Criminal Proceedings Against Licensees; Appearances by Department Representatives.

456.076 - Impaired Practitioner Programs.

456.077 - Authority to Issue Citations.

456.078 - Mediation.

456.079 - Disciplinary Guidelines.

456.081 - Publication of Information.

456.082 - Disclosure of Confidential Information.

456.36 - Health Care Professionals; Exemption From Disqualification From Employment or Contracting.

456.38 - Practitioner Registry for Disasters and Emergencies.

456.41 - Complementary or Alternative Health Care Treatments.

456.42 - Written Prescriptions for Medicinal Drugs.

456.43 - Electronic Prescribing for Medicinal Drugs.

456.44 - Controlled Substance Prescribing.

456.47 - Use of Telehealth to Provide Services.

456.50 - Repeated Medical Malpractice.

456.51 - Consent for Pelvic Examinations.