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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Actually I need to know the minimal requirements medical

Customer Question

Actually I need to know the minimal requirements for a medical director for a small health care clinic according to the AHCA rules.I have a surgical assisting group for 15 years but now have an AHCA clinic, but my medical director has resigned. The contract
I had with him is very extensive as far as his duties and responsibilities. I can't find the basic requirements and duties anywhere and my lawyer takes weeks, sometimes months to answer my questions and I don't have that kind of time. I need to notify AHCA
or Florida within 21 days
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For clinics, here is what the Florida laws say, which is not much (like they say for care facilities): https://www.flrules.org/gateway/readFile.asp?sid=0&type=1&tid=15590148&file=59A-33.008.doc
The rules say this:
59A-33.008 Medical or Clinic Director.
(1) A licensed health care clinic may not operate or be maintained without the day-to-day supervision of a single medical or clinic director as defined in Section(###) ###-####5), F.S. The health care clinic responsibilities under Sections(###) ###-####1)(a)-(i), F.S., cannot be met without an active, appointed medical or clinic director. Failure of an appointed medical or clinic director to substantially comply with health care clinic responsibilities under Rule 59A-33.012, F.A.C. and Sections(###) ###-####1)(a)-(i), F.S., shall be grounds for the revocation or suspension of the license and assessment of a fine pursuant to Section 400.995(1), F.S.
(2) By statutory definition in Section(###) ###-####5), F.S., a medical director is a health care practitioner that holds an active and unencumbered Florida physician’s license in accordance with Chapters 458 (medical physician), 459 (osteopathic physician), 460 (chiropractic physician) or 461 (podiatric physician), F.S. A suspended or non-renewed license is considered an encumbered license, as is a license that restricts the license holder from performing health care services in a manner or under supervision different from a license holder without board or Department of Health restrictions.
(3) The Agency shall issue an emergency order suspending the license of any health care clinic operated or maintained without a medical or clinic director as required by Sections 400.990-400.995, F.S., and this rule for such period of time as the health care clinic is without a medical or clinic director. The Agency shall assess a civil fine of up to $5,000 for operating or maintaining a health care clinic without a medical or clinic director. Each day of operation following receipt of Agency notice is considered a separate offense. Operation and maintenance of a health care clinic without a medical or clinic director shall be grounds for revocation of the license in addition to the assessment of fines pursuant to Section 400.995(1), F.S.
59A-33.013 Medical and Clinic Directorships Maximum Number of Clinics.
A medical or clinic director may not serve in that capacity for more than a maximum of five health care clinics with a cumulative total of more than 200 employees and persons under contract with the health care clinic at any given time. A medical or clinic director may not supervise a health care clinic more than 200 miles from any other health care clinic supervised by the same medical or clinic director.
It also says in FS(###) ###-####
(5) “Medical director” means a physician who is employed or under contract with a clinic and who maintains a full and unencumbered physic***** *****cense in accordance with chapter 458, chapter 459, chapter 460, or chapter 461. However, if the clinic does not provide services pursuant to the respective physician practices acts listed in this subsection, it may appoint a Florida-licensed health care practitioner who does not provide services pursuant to the respective physician practices acts listed in this subsection to serve as a clinic director who is responsible for the clinic’s activities. A health care practitioner may not serve as the clinic director if the services provided at the clinic are beyond the scope of that practitioner’s license, except that a licensee specified in s. 456.053(3)(b) who provides only services authorized pursuant to s. 456.053(3)(b) may serve as clinic director of an entity providing services as specified in s. 456.053(3)(b).
Also, see(###) ###-#### ***** states the liability of the medical directors (it is too long to post here, so here is the link: http://www.flsenate.gov/Laws/Statutes/2015/400.9935)
Those are the laws about the medical director of the clinic.

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