S.B. 202 Enrolled

MEDICAL PRACTICE ACT AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Peter C. Knudson
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; CLARIFYING WHEN A
PERSON MAY SATISFY THE RESIDENT TRAINING REQUIREMENT FOR LICENSURE;
AND CLARIFYING WHEN A PERSON LICENSED IN ANOTHER STATE MAY QUALIFY
FOR A LICENSE BY ENDORSEMENT.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-67-302, as last amended by Chapter 178, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-67-302 is amended to read:
58-67-302. Qualifications for licensure.
(1) An applicant for licensure as a physician and surgeon, except as set forth in
[Subsections] Subsection (2) [or (3)], 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; and
(ii) a record of professional liability claims made against the applicant and settlements paid
by or on behalf of the applicant;
(b) pay a fee determined by the department under Section 63-38-3.2 ;
(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 having
received an earned degree of doctor of medicine from:
(i) an LCME accredited medical school or college; or
(ii) a medical school or college located outside of the United States or its jurisdictions
which at the time of the applicant's graduation, met criteria for LCME accreditation;

(e) hold a current certification by the Educational Commission for Foreign Medical
Graduates or any successor organization approved by the division in collaboration with the board,
if the applicant graduated from a medical school or college located outside of the United States or
its jurisdictions;
(f) 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 [after receiving a degree of doctor of medicine required under
Subsection (1)(d)]; 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 his license as a physician and surgeon without any
proceedings under Title 63, Chapter 46b, Administrative Procedures Act, and has agreed his 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;
(g) pass the licensing examination sequence required by division rule made in collaboration
with the board;
(h) 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; and
(i) meet with the board and representatives of the division, if requested, for the purpose of
evaluating the applicant's qualifications for licensure.
(2) An applicant for licensure as a physician and surgeon [qualifying under the] by
endorsement [provision of Section 58-1-302 ] shall:

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(a) be currently licensed with a full unrestricted license in good standing in [another
jurisdiction as set forth in Section 58-1-302 ] any state, district, or territory of the United States;
[(b) (i) document having met all requirements for licensure under Subsection (1) except, if
an applicant received licensure in another state or jurisdiction based upon only 12 months residency
training after graduation from medical school, the applicant may qualify for licensure in Utah by
endorsement only if licensed in the other state prior to July 1, 1996; or]
[(ii) document having obtained licensure in another state or jurisdiction whose licensure
requirements were at the time of obtaining licensure equal to licensure requirements at that time in
Utah;]
[(c) have passed the SPEX examination within 12 months preceding the date of application
for licensure in Utah if the date on which the applicant passed qualifying examinations for licensure
is greater than five years prior to the date of the application for licensure in Utah, or meet medical
specialty certification requirements which may be established by division rule made in collaboration
with the board;]
[(d)] (b) have been actively engaged in the legal practice [as a physician and surgeon for]
of medicine in any state, district, or territory of the United States for not less than 6,000 hours during
the five years immediately preceding the date of application for licensure in Utah; [and]
[(e) meet with the board and representatives of the division, if requested for the purpose of
evaluating the applicant's qualifications for licensure.]
[(3) An applicant for licensure as a physician and surgeon, who has been licensed as a
physician and surgeon in Utah, who has allowed his license in Utah to expire for nonpayment of
license fees, and who is currently licensed in good standing in another state or jurisdiction of the
United States shall:]
[(a) submit an application in a form prescribed by the division;]
[(b) pay a fee determined by the department under Section 63-38-3.2 ;]
[(c) be of good moral character;]
[(d) have passed the SPEX examination within 12 months preceding the date of application
for licensure in Utah if the date on which the applicant passed qualifying examinations for licensure

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is greater than five years prior to the date of the application for licensure in Utah, or meet medical
specialty certification requirements which may be established by division rule made in collaboration
with the board;]
[(e) have been actively engaged in the practice as a physician and surgeon for not less than
6,000 hours during the five years immediately preceding the date of application for licensure; and]
[(f) meet with the board and representatives of the division, if requested, for the purpose of
evaluating the applicant's qualifications for licensure.]
(c) not have any action pending against the applicant's license; and
(d) produce satisfactory evidence of the applicant's qualifications, identity, and good
standing to the satisfaction of the division in collaboration with the board.

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