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58-67-302. Qualifications for licensure.
(1) An applicant for licensure as a physician and surgeon, except as set forth in Subsection (2),
shall:
(a) submit an application in a form prescribed by the division, which may include:
(i) submissions by the applicant of information maintained by practitioner data banks, as
designated by division rule, with respect to the applicant;
(ii) a record of professional liability claims made against the applicant and settlements paid by
or on behalf of the applicant; and
(iii) authorization to use a record coordination and verification service approved by the division
in collaboration with the board;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) be of good moral character;
(d) provide satisfactory documentation of having successfully completed a program of
professional education preparing an individual as a physician and surgeon, as evidenced by:
(i) having received an earned degree of doctor of medicine from an LCME accredited medical
school or college; or
(ii) if the applicant graduated from a medical school or college located outside the United
States or its territories, submitting a current certification by the Educational Commission for Foreign
Medical Graduates or any successor organization approved by the division in collaboration with the
board;
(e) satisfy the division and board that the applicant:
(i) has successfully completed 24 months of progressive resident training in a program
approved by the ACGME, the Royal College of Physicians and Surgeons, the College of Family
Physicians of Canada, or any similar body in the United States or Canada approved by the division in
collaboration with the board; or
(ii) (A) has successfully completed 12 months of resident training in an ACGME approved
program after receiving a degree of doctor of medicine as required under Subsection (1)(d);
(B) has been accepted in and is successfully participating in progressive resident training in an
ACGME approved program within Utah, in the applicant's second or third year of postgraduate
training; and
(C) has agreed to surrender to the division the applicant's license as a physician and surgeon
without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act, and has agreed
the applicant's license as a physician and surgeon will be automatically revoked by the division if the
applicant fails to continue in good standing in an ACGME approved progressive resident training
program within the state;
(f) pass the licensing examination sequence required by division rule made in collaboration with
the board;
(g) be able to read, write, speak, understand, and be understood in the English language and
demonstrate proficiency to the satisfaction of the board if requested by the board;
(h) meet with the board and representatives of the division, if requested, for the purpose of
evaluating the applicant's qualifications for licensure;
(i) designate:
(i) a contact person for access to medical records in accordance with the federal Health
Insurance Portability and Accountability Act; and
(ii) an alternate contact person for access to medical records, in the event the original contact
person is unable or unwilling to serve as the contact person for access to medical records; and
(j) establish a method for notifying patients of the identity and location of the contact person
and alternate contact person, if the applicant will practice in a location with no other persons licensed
under this chapter.
(2) An applicant for licensure as a physician and surgeon by endorsement who is currently
licensed to practice medicine in any state other than Utah, a district or territory of the United States, or
Canada shall:
(a) be currently licensed with a full unrestricted license in good standing in any state, district, or
territory of the United States, or Canada;
(b) have been actively engaged in the legal practice of medicine in any state, district, or
territory of the United States, or Canada for not less than 6,000 hours during the five years immediately
preceding the date of application for licensure in Utah;
(c) comply with the requirements for licensure under Subsection (1)(a) through (d), (1)(e)(i),
and (1)(g) through (j);
(d) have passed the licensing examination sequence required in Subsection (1)(f) or another
medical licensing examination sequence in another state, district or territory of the United States, or
Canada that the division in collaboration with the board by rulemaking determines is equivalent to its
own required examination;
(e) not have any investigation or action pending against any health care license of the applicant,
not have a health care license that was suspended or revoked in any state, district or territory of the
United States, or Canada, and not have surrendered a health care license in lieu of a disciplinary action,
unless:
(i) the license was subsequently reinstated as a full unrestricted license in good standing; or
(ii) the division in collaboration with the board determines to its satisfaction, after full disclosure
by the applicant, that:
(A) the conduct has been corrected, monitored, and resolved; or
(B) a mitigating circumstance exists that prevents its resolution, and the division in collaboration
with the board is satisfied that, but for the mitigating circumstance, the license would be reinstated;
(f) submit to a records review, a practice history review, and comprehensive assessments, if
requested by the division in collaboration with the board; and
(g) produce satisfactory evidence that the applicant meets the requirements of this Subsection
(2) to the satisfaction of the division in collaboration with the board.
(3) An applicant for licensure by endorsement may engage in the practice of medicine under a
temporary license while the applicant's application for licensure is being processed by the division,
provided:
(a) the applicant submits a complete application required for temporary licensure to the
division;
(b) the applicant submits a written document to the division from:
(i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act, stating that the applicant is practicing under the invitation of the health care facility; or
(ii) two individuals licensed under this chapter, whose license is in good standing and who
practice in the same clinical location, both stating that:
(A) the applicant is practicing under the invitation of the individual; and
(B) the applicant will practice at the same clinical location as the individual;
(c) the applicant submits a signed certification to the division that the applicant meets the
requirements of Subsection (2);
(d) the applicant does not engage in the practice of medicine until the division has issued a
temporary license;
(e) the temporary license is only issued for and may not be extended beyond the duration of
one year from issuance; and
(f) the temporary license expires immediately and prior to the expiration of one year from
issuance, upon notification from the division that the applicant's application for licensure by endorsement
is denied.
(4) The division shall issue a temporary license under Subsection (3) within 15 business days
after the applicant satisfies the requirements of Subsection (3).
Amended by Chapter 214, 2011 General Session
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