If you are a physician who is not licensed in Florida and plan to testify in Florida you will need to apply for an “Expert Witness Certificate”.
The good news is that the fee is only $50 and the process is relatively easy to complete.
Here is some additional information on the process:
The Department of Health shall issue a certificate authorizing a physician who holds an active and valid license to practice medicine in another state or a Canadian Province to provide expert testimony in this state, when the physician submits to the department:
- A complete registration application containing the physician’s legal name, mailing address, telephone number, business locations, the names of the jurisdictions where he/she holds an active and valid license to practice medicine, and the license number or other identifying number issued to the physician by the jurisdiction’s licensing entity; and
- An application fee of $50.
The Department of health 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 medicine in another state or a province of Canada and has not had a previous expert witness certificate revoked by the board.
An expert witness certificate is valid for 2 years after the date of issuance. The expert witness certificate authorizes the physician do only the following:
- Provide a verified written medical expert opinion as provided in s. 766.203, Florida Statutes.
- 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 chapter 459, Florida Statutes.
An expert witness certificate does not authorize a physician to engage in the practice of medicine as defined in s. 458.305, Florida Statutes.
A physician issued an expert witness certificate who does not otherwise practice medicine in this state is not required to obtain a license or pay any licensure 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.
Effective July 1, 2012, section 456.0635, Florida Statutes, provides that health care boards or the department shall refuse to issue a license, certificate or registration and shall refuse to admit a candidate for examination if the applicant:
- Has been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony under Chapter 409, F.S., (relating to social and economic assistance), Chapter 817, F.S., (relating to fraudulent practices), Chapter 893, F.S., (relating to drug abuse prevention and control) or a similar felony offense(s) in another state or jurisdiction unless the candidate or applicant has successfully completed a drug court program for that felony and provides proof that the plea has been withdrawn or the charges have been dismissed. Any such conviction or plea shall exclude the applicant or candidate from licensure, examination, certification, or registration, unless the sentence and any subsequent period of probation for such conviction or plea ended:
- For the felonies of the first or second degree, more than 15 years from the date of the plea, sentence and completion of any subsequent probation;
- For the felonies of the third degree, more than 10 years from the date of the plea, sentence and completion of any subsequent probation;
- For the felonies of the third degree under section 893.13(6)(a), F.S., more than five years from the date of the plea, sentence and completion of any subsequent probation;
- Has been convicted of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a felony under 21 U.S.C. ss. 801-970 (relating to controlled substances) or 42 U.S.C. ss. 1395-1396 (relating to public health, welfare, Medicare and Medicaid issues), unless the sentence and any subsequent period of probation for such conviction or pleas ended more than 15 years prior to the date of the application;
- Has been terminated for cause from the Florida Medicaid program pursuant to section 409.913, F.S., unless the candidate or applicant has been in good standing with the Florida Medicaid program for the most recent five years;
- Has been terminated for cause, pursuant to the appeals procedures established by the state or Federal Government, from any other state Medicaid program, unless the candidate or applicant has been in good standing with a state Medicaid program for the most recent five years and the termination occurred at least 20 years before the date of the application;
- Is currently listed on the United States Department of Health and Human Services Office of Inspector General’s List of Excluded Individuals and Entities.
The following section does not apply to candidates or applicants for initial licensure or certification who were enrolled in an educational or training program on or before July 1, 2009, which was recognized by a board or, if there is no board, recognized by the department, and who applied for licensure after July 1, 2012.
The State of Florida operates under Chapter 286, Florida Statutes, commonly referred to as the “Sunshine Law.” This law requires that board meetings are public. All information that you provide to the Department is public record and shall be open to public inspection as required by 119.07 F. S., except financial information, examination records, and patient records.