(1)(a) The department shall issue a certificate authorizing a physician who holds an active and valid license to practice osteopathic medicine in another state or a province of Canada to provide expert testimony in this state, if the physician submits to the department:
1. A complete registration application containing the physician’s legal name, mailing address, telephone number, business locations, the names of the jurisdictions where the physician holds an active and valid license to practice osteopathic medicine, and the license number or other identifying number issued to the physician by the jurisdiction’s licensing entity; and
2. An application fee of $50.
(b) The department shall approve an application for an expert witness certificate within 10 business days after receipt of the completed application and payment of the application fee if the applicant holds an active and valid license to practice osteopathic medicine in another state or a province of Canada and has not had a previous expert witness certificate revoked by the board. An application is approved by default if the department does not act upon the application within the required period. A physician must notify the department in writing of his or her intent to rely on a certificate approved by default.
(c) An expert witness certificate is valid for 2 years after the date of issuance.
(2) An expert witness certificate authorizes the physician to whom the certificate is issued to do only the following:
(a) Provide a verified written medical expert opinion as provided in s. 766.203.
(b) Provide expert testimony about the prevailing professional standard of care in connection with medical negligence litigation pending in this state against a physician licensed under chapter 458 or this chapter.
(c) Provide expert testimony in criminal child abuse and neglect cases pursuant to chapter 827, dependency cases pursuant to chapter 39, and cases involving sexual battery of a child pursuant to chapter 794 in this state.
(3) An expert witness certificate does not authorize a physician to engage in the practice of osteopathic medicine as defined in s. 459.003. A physician issued a certificate under this section who does not otherwise practice osteopathic medicine in this state is not required to obtain a license under this chapter or pay any license fees, including, but not limited to, a neurological injury compensation assessment. An expert witness certificate shall be treated as a license in any disciplinary action, and the holder of an expert witness certificate shall be subject to discipline by the board.
History.—s. 4, ch. 2011-233; s. 4, ch. 2015-177; s. 4, ch. 2017-153.
Structure Florida Statutes
Title XXXII - Regulation of Professions and Occupations
Chapter 459 - Osteopathic Medicine
459.002 - Chapter Not Applicable to Practice of Medicine, Surgery, Chiropractic Medicine, Etc.
459.004 - Board of Osteopathic Medicine.
459.005 - Rulemaking Authority.
459.0055 - General Licensure Requirements.
459.0066 - Expert Witness Certificate.
459.0076 - Temporary Certificate for Practice in Areas of Critical Need.
459.0077 - Osteopathic Faculty Certificate.
459.008 - Renewal of Licenses and Certificates.
459.0082 - Analysis of Survey Results; Report.
459.0083 - Confidentiality of Certain Information Contained in Physician Workforce Surveys.
459.0085 - Financial Responsibility.
459.011 - Privileges, Obligations, and Status of Osteopathic Physicians.
459.012 - Itemized Patient Statement.
459.0122 - Patient Records; Termination of Osteopathic Physician’s Practice.
459.0125 - Breast Cancer; Information on Treatment Alternatives.
459.013 - Penalty for Violations.
459.0135 - Drugs to Treat Obesity; Rules Establishing Guidelines.
459.0137 - Pain-Management Clinics.
459.0141 - Sexual Misconduct in the Practice of Osteopathic Medicine.
459.0145 - Concerted Effort to Refuse Emergency Room Treatment to Patients; Penalties.
459.015 - Grounds for Disciplinary Action; Action by the Board and Department.
459.0151 - Emergency Procedures for Disciplinary Action.
459.016 - Reports of Disciplinary Actions by Medical Organizations.
459.017 - Osteopathic Physician’s Consent; Handwriting Samples; Mental or Physical Examinations.
459.018 - Search Warrants for Certain Violations.
459.019 - Subpoena of Certain Records.
459.022 - Physician Assistants.
459.023 - Anesthesiologist Assistants.
459.026 - Reports of Adverse Incidents in Office Practice Settings.