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recommended that physicians make this a standard practice given the current climate concerning sexual harassment and related lawsuits. Having a staff member present during such examinations is good practice in that it can provide verification as to whether proper procedures were followed should a problem later arise. The AMA’s Council and Ethical and Judicial Affairs recommends that the option of having a chaperone present be given to the patient.3. May I treat a minor without parental consent?Answer:The general rule is no, but in certain circumstances, parental consent is not required. Those situations involve sexually transmitted diseases, pregnancy, emergency care, mental health and alcohol/drug abuse. In the case of sexually transmitted diseases, the physician is not allowed to notify the parents, i.e. by sending a bill.4. May I charge interest on an unpaid bill?Answer:Yes, but at no more than the maximum rate set by the state of Florida (18%). In addition, the patient needs to be notified in advance of the interest and other charges by such means as the posting of a notice in the waiting room, the distribution of leaflets, etc. AMA ethical guidelines urges physicians who charge interest to use compassion and discretion in hardship cases.5. Must I supply an interpreter at the request of a deaf patient? Answer:Not necessarily. A physician’s office is required to provide whatever “auxiliary aids” are required for effective communication with a hearing-impaired person. This requirement is a flexible one. You are not required to hire an interpreter in every situation. What is reasonable depends on the circumstances, as long as there is “effective communication.” You should consult with the patient before providing a specific auxiliary aid. In lengthy or complex situations, a qualified interpreter is necessary. In other types of routine matters, including a routine office visit, a pad of paper and a pen may be acceptable. A tax credit is available to physician offices to help offset the cost of an interpreter.6. What notification requirements do I have to my patients when I close my practice? Answer:Florida law provides that the records owner can either place an advertisement in the newspaper advising patients of the change in practice and the location of the medical records or can provide this information to each patient in writing. This must be done 30 days in advance. You must also notify the Board of Medicine of any change of address.7. What may I charge for a deposition or expert witness fee? Answer:There is no set rate to go by. The law provides that a physician testifying as an expert witness is entitled to a reasonable fee, with what is reasonable decided on a case by case basis. The average going rate appears to be $250-300 per hour with more for certain specialties. In worker's compensation cases, however, you are limited to $200 per hour if you treated the patient and $200 per day otherwise.8. A physician requested medical records on a patient that has an unpaid balance. Can I withhold the records until the patient pays his account?Answer:No. You must provide the records upon request, regardless of whether the patient has an outstanding balance concerning the services you have provided.9. Can I charge the physician a copying fee?Answer:Yes, at the same rate you charge the patient - $1.00/pg for the first 25 pages and $.25/pg for each page thereafter. Unlike for services rendered, you can condition release of the records upon payment of copying charges.10. When a patient requests a copy of his medical records, am I allowed to or do I have to provide copies of records generated by other physicians?Answer:You must provide copies of everything you have, including copies of records generated by other physicians. You can, however, charge the patient for all copies made.This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. REPORTING IMPAIRED DRIVERS Section 322.126, Florida Statutes, provides that “any physician, person, or agency having knowledge of any licensed driver’s or applicant’s physical or mental disability to drive or need to obtain or to wear a medical identification bracelet is authorized to report such knowledge to the Department of Highway Safety and Motor Vehicles. The report should be made in writing, giving the full name, date of birth, address and a description of the alleged disability of any person over fifteen years of age having mental or physical disorders that could affect his or her driving ability.” Such reports are confidential and the reporting physician will incur no liability, either civil or criminal. Please note that a report under this section is voluntary. While a physician is authorized to report such disability, the statute does not place a mandatory obligation upon him or her to do so. The decision as to whether to file a report is left up to the individual physician.The Medical Reporting Form can be found at: https://www.flhsmv.gov/forms/72190.pdf Physicians can send these written reports, to:Division of Motorist Services Attn: Medical Review Section Neil Kirkman building, MS 86 Tallahassee, Florida 32399-0500 The bureau prefers for the reports to be on the physician's letterhead and the patient information listed above should be included. All reports should be sent to the Tallahassee address above – the bureau will then forward the information to the appropriate local office who will contact the driver. The driver will be either re-examined by the driver’s license office or the driver will have to provide medical documentation that there is no need for a re-examination.For further information, call the bureau at (850) 617-3814.This article is presented for educational purposes only and should not be taken as a substitute for legal advice, which should be obtained from personal legal counsel. Nevertheless, the FMA hopes that the information provided here and in its other publications continues to assist physicians in answering many of their most common legal questions allowing them to treat patients, instead of addressing legal concerns. Last Update: August 2016 RETIRED LICENSES AND LIMITED LICENSES In 2005, the Florida legislature added new language to Section 456.036, Florida Statutes, which allows any Florida health care practitioner, including MDs and DOs, to convert their license to "retired" status. This allows a physician to keep his or her Florida license, but not actively practice. Under this status, a physician does not have to meet the requirement of active practice, does not have to pay biennial fees and does not have to take the required continuing medical education. They may not practice but will be able to retain their Florida license. A physician requesting to come off of retired status and return to active practice will have to pay renewal fees and take CME hours and will also have to demonstrate competency to return to practice if they have been retired more than 5 years. A physician can remain in retired status indefinitely.A physician does not have to be retired or intend to retire from the practice of medicine to obtain a limited license. However, if a physician is not fully retired in all jurisdictions, he can only use the limited license for noncompensated practice. To obtain a limited license, a physician must submit to the Board of Medicine, with an application and a $300.00 fee, an affidavit stating that he has been licensed to practice medicine in any jurisdiction in the United States for at least 10 years and intends to practice only pursuant to the restrictions of a limited license. The application fee will be waived if accompanied by a notarized statement from the physician’s employer stating that he will not receive monetary compensation for his service involving the practice of medicine.If the physician wishing to obtain a limited license has