Florida licensing board asking for ALL medical records?

[bears1992]

I was reading through Florida's licensing app and I noticed it had this section under "Documentation to be provided"

A statement providing accurate details that include name of all physicians, therapists, counselors, hospitals, institutions, and/or clinics where you received treatment and dates of treatment

A report directed to the Florida Board of Medicine from each treatment provider about your treatment, medications, and dates of treatment. If applicable, include all DSM III R/DSM IV/DSM IV-TR Axis I and II diagnosis(es) code(s), and admission and discharge summary(s). Submit copies of any litigation or any other proceedings in any court of law or equity, any criminal court, any arbitration Board or before any governmental Board or Agency, to which you have been a party, either as a plaintiff, defendant, co-defendant, or otherwise.  Conviction(s): misdemeanor and/or felony; submit copies of charges, indictment and judgment.

My only concern with this is I was hospitalized for suicidal thoughts when I started a new SSRI for depression. Also, when I was 19 I was in the ER after trying cocaine for the first (and last) time.

Are these two things going to hinder my ability to become a licensed physician in Florida?

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[Crayola227]

And in other threads no one believed me that some states the licensing process can demand to see your whole medical record as a condition as licensure.
Mmmm, this is a tough one. I'm not sure. My understanding is that when you are licensed in Florida and get something like DUI they can be a big Draconian process but definitely salvageable.

Not sure how it is when you apply the first time.

Are you still just an accepted med student?

 

[bears1992]

And in other threads no one believed me that some states the licensing process can demand to see your whole medical record as a condition as licensure. Egg on your face bitches.

Mmmm, this is a tough one. I'm not sure. My understanding is that when you are licensed in Florida and get something like DUI they can be a big Draconian process but definitely salvageable.

Not sure how it is when you apply the first time.

Are you still just an accepted med student?

Yes I am just an accepted medical student. I was just curious about Florida’s licensing app since I would like to move back someday but wow, very surprised they want me to list every single doctor I’ve ever been to. Also reminds me, I did therapy with my parents when I was 13, so I guess I’d have to dig up those records as well. How dumb.

As for medical records, im assuming that I need to go to each hospital/doctors office that I’ve visited to obtain records?

 

[Mass Effect]

We need more context of the question asked. They cannot ask you if you've ever had a mental illness. They have to limit the time and ask if it's currently an issue. Otherwise, it violates the ADA:

Broad questions about mental illness are not allowed. To satisfy judicial scrutiny, questions about mental illness must specifically address presently occurring illness. A question probes too far into the past when the probative value of the question to demonstrate current impairments is substantially reduced by the lapse of time.33 Also, boards must be able to justify their questions as a reasonable measure to protect the public. Successful questions often ask the applicant for a subjective answer to whether their disability would affect their job.

http://www.adasoutheast.org/ada/publications/legal/professional_licensing_disability_ADA_TitleII.txt

 

[Crayola227]

We need more context of the question asked. They cannot ask you if you've ever had a mental illness. They have to limit the time and ask if it's currently an issue. Otherwise, it violates the ADA:

Broad questions about mental illness are not allowed. To satisfy judicial scrutiny, questions about mental illness must specifically address presently occurring illness. A question probes too far into the past when the probative value of the question to demonstrate current impairments is substantially reduced by the lapse of time.33 Also, boards must be able to justify their questions as a reasonable measure to protect the public. Successful questions often ask the applicant for a subjective answer to whether their disability would affect their job.

http://www.adasoutheast.org/ada/publications/legal/professional_licensing_disability_ADA_TitleII.txt

This has come up before. Many states' licensing apps and policies violate ADA. Given that the Board is state regulated, so essentially a government institution, good luck challenging them. They'd need to be taken to court. Most med grads, residents, and then attendings, are not going to bother.

I don't disagree with you on the legality or "can" they from a point of law. The issue is "will" they, and they do What happens if you don't comply? They don't issue a license. What happens if you get a lawyer? I *think* I have heard of this working, but it's pretty rare lawyers get medical boards to cave on much. Sometimes a compromise can be reached between board and lawyer.

 

[Mass Effect]

I went and looked it up because it bothered me. It says "in the last 5 years" and includes the caveat "that impaired your ability to practice medicine." You're a pre-med. By the time you graduate med school and get ready to start residency, the 5 year time will be up or almost up. Also, it shouldn't be a big deal in your case if it was a one-time thing. What they're trying to evaluate is whether or not you're a danger to the public.

 

[Mass Effect]

This has come up before. Many states' licensing apps and policies violate ADA. Given that the Board is state regulated, so essentially a government institution, good luck challenging them. They'd need to be taken to court. Most med grads, residents, and then attendings, are not going to bother.

Actually, many do and this has gone to court before, both medical licensing and the state Bar. But in this case, I think the state of FL is actually in compliance with the ADA. The rights of physicians to maintain their own private health records must be reconciled with the board's right to protect the public.

 

[Crayola227]

Yes I am just an accepted medical student. I was just curious about Florida’s licensing app since I would like to move back someday but wow, very surprised they want me to list every single doctor I’ve ever been to. Also reminds me, I did therapy with my parents when I was 13, so I guess I’d have to dig up those records as well. How dumb.

As for medical records, im assuming that I need to go to each hospital/doctors office that I’ve visited to obtain records?

I don't suggest that you collect your juvenile records unless they appear or are referenced in adult records. Even if they are referenced as part of your history, I still wouldn't. If you are handing over the rest of it, they don't really need it. I have my own reasons for taking this stance, so it is by no means legal advice and others may not agree with my rationale for not doing so.

EDIT: agree with above poster as well. If you were asked to hand over all records, then you would need to stop and consider what you plan to do with juvenile records, which I personally would not disclose either way. If you are not asked to do this, then just don't.

 

[Crayola227]

Actually, many do and this has gone to court before, both medical licensing and the state Bar. But in this case, I think the state of FL is actually in compliance with the ADA. The rights of physicians to maintain their own private health records must be reconciled with the board's right to protect the public.

I know it's come up, but how often is it won? And if you're looking to fight this as a resident looking for a temp license to start training 3 months after the match.... good luck.

But it seems the OP just wants to return as an attending.

 

[The Knife & Gun Club]

So here’s the actual excerpt from the Florida Liscense app - only applies if it happened within the last 5 years. So Depends on when the meds change was. The OP is an accepted student which means he/she won’t be applying for liscencure for at least 4.5 years. Unless this incident was within the last year or so you should be Scott free.

I know personally this gave me a bit of a scare as someone who’s had a substantial medical history. The idea of having to go track down all the medical records from surgeries I had as a little kid just seemed absurd lol.

 

[Crayola227]

Some states don't give a time limit on the questioning, glad Florid does.

 

[Winged Scapula]

The reason its 5 years is that hospitals and doctor's offices are required to keep records only for 5 years (6 if critical access); no one is expecting you to have records from 15 years ago.

 

[Mass Effect]

Some states don't give a time limit on the questioning, glad Florid does.

I've heard this before. Can you please list some of the states that don't give a time limit? I can't seem to find a reliable list and I have already requested licensing apps from various states that don't publish online, but haven't yet got them yet. I'm working on a project that involves the ADA and the AMA.

 

[Crayola227]

I've heard this before. Can you please list some of the states that don't give a time limit? I can't seem to find a reliable list and I have already requested licensing apps from various states that don't publish online, but haven't yet got them yet. I'm working on a project that involves the ADA and the AMA.

Shoot, I can't. This came up for me when I was on the interview trail and some places would give you a copy of the licensing app of the state to review. I went to 24 states I think. It was something I was looking at specifically, for just this sort of thing. So I don't recall, but I'm not pulling it out of my ass IIRC. I could be wrong. Things may have changed as well.

Good luck on your project.

 

[Peach Newport]

I've heard this before. Can you please list some of the states that don't give a time limit? I can't seem to find a reliable list and I have already requested licensing apps from various states that don't publish online, but haven't yet got them yet. I'm working on a project that involves the ADA and the AMA.

California baby.

Seriously their licensing/mental health policies are so f**ked up it baffles me.

Edit: wait a minute... tagging @Lev0phed

 

[Peach Newport]

Some states don't give a time limit on the questioning, glad Florid does.

Yeah, TBH Florida isn’t great, but they’re far from the worst. They at least seem to try limit their questioning to medical issues that could reasonably be considered a danger to others.

There are many states (often in the old south) that ask far more invasive questions that have zero relevance to medicine and should absolutely be illegal to ask, but it’s not like anyone’s gonna challenge the state medical board.

 

[Mass Effect]

Yeah, TBH Florida isn’t great, but they’re far from the worst. They at least seem to try limit their questioning to medical issues that could reasonably be considered a danger to others.

There are many states (often in the old south) that ask far more invasive questions that have zero relevance to medicine and should absolutely be illegal to ask, but it’s not like anyone’s gonna challenge the state medical board.

Not sure about that. Please list the state and the specific questions. Never underestimate the power of a nosy media.

 

[Peach Newport]

Not sure about that. Please list the state and the specific questions. Never underestimate the power of a nosy media.

California uses the phrase “have you ever?” With respect to mental and physical illness. Not about current or the last few years.

The most glaring is “have you ever been treated for an addictive disorder?”

Everything else specifies diagnoses that might impair you today - not this question. There was a user on this site who answered “yes” about being weaned off a benzodiazepine 10 years prior. The board sent him forms requiring his medical and psychiatric records, and he couldn’t get licensed because he couldn’t find the doctor again.

Indiana asks “have you ever been diagnosed with a condition that, *if untreated,* could interfere with your ability to practice?” Which I honestly think is a pretty f**ked thing to ask.

Utah has a very strangely worded question that seems to break down to “have you ever used an illegal drug for which you have not successfully completed a rehabilitation program?”

These are just the ones I’ve heard of through SDN. There are a lot of medical licensing forms out there, but the issues often isn’t with the forms themselves.

 

[W19]

Everything else specifies diagnoses that might impair you today - not this question. There was a user on this site who answered “yes” about being weaned off a benzodiazepine 10 years prior. The board sent him forms requiring his medical and psychiatric records, and he couldn’t get licensed because he couldn’t find the doctor again.

Indiana asks “have you ever been diagnosed with a condition that, *if untreated,* could interfere with your ability to practice?” Which I honestly think is a pretty f**ked thing to ask.

Utah has a very strangely worded question that seems to break down to “have you ever used an illegal drug for which you have not successfully completed a rehabilitation program?”

These are just the ones I’ve heard of through SDN. There are a lot of medical licensing forms out there, but the issues often isn’t with the forms themselves.

More than 50% med students wouldn't qualify for a med license in Utah if truthfully answering this question...

 

[Crayola227]

Not sure about that. Please list the state and the specific questions. Never underestimate the power of a nosy media.

Yeah, cuz a resident or future resident siccing the media on that state board usually ends well

 

[Mass Effect]

Yeah, cuz a resident or future resident siccing the media on that state board usually ends well

If everyone thought that way, nothing in the world would ever change.