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S.B. 160


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House Committee Amendments 2-20-2006 ch/cjd
This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 6, 2006 at 5:18 PM by rday. --> This document includes House Committee Amendments incorporated into the bill on Mon, Feb 20, 2006 at 11:00 AM by chopkin. --> This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Tue, Feb 21, 2006 at 11:57 AM by chopkin. -->              1
    
PHYSICIAN LICENSING AMENDMENTS

             2     
2006 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Beverly Ann Evans

             5     
House Sponsor: Gordon E. Snow

             6     

             7      LONG TITLE
             8      General Description:
             9          This bill amends the licensure by endorsement provisions and the exemption from
             10      licensure provisions of the Utah Medical Practices Act.
             11      Highlighted Provisions:
             12          This bill:
             13          .    amends the licensure by endorsement provisions of the Utah Medical Practices Act
             14      to require applicants for licensure by endorsement to practice in the state for up to
             15      one year while the application is pending.
             16      Monies Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22          58-67-302, as last amended by Chapter 94, Laws of Utah 2005
             22a           H. 58-68-302, as last amended by Chapter 94, Laws of Utah 2005 .H
             23     

             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 58-67-302 is amended to read:
             26           58-67-302. Qualifications for licensure.
             27          (1) An applicant for licensure as a physician and surgeon, except as set forth in



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             28
     Subsection (2), shall:
             29          (a) submit an application in a form prescribed by the division, which may include:
             30          (i) submissions by the applicant of information maintained by practitioner data banks,
             31      as designated by division rule, with respect to the applicant; and
             32          (ii) a record of professional liability claims made against the applicant and settlements
             33      paid by or on behalf of the applicant;
             34          (b) pay a fee determined by the department under Section 63-38-3.2 ;
             35          (c) be of good moral character;
             36          (d) provide satisfactory documentation of having successfully completed a program of
             37      professional education preparing an individual as a physician and surgeon, as evidenced by
             38      having received an earned degree of doctor of medicine from:
             39          (i) an LCME accredited medical school or college; or
             40          (ii) a medical school or college located outside of the United States or its jurisdictions
             41      which at the time of the applicant's graduation, met criteria for LCME accreditation;
             42          (e) hold a current certification by the Educational Commission for Foreign Medical
             43      Graduates or any successor organization approved by the division in collaboration with the
             44      board, if the applicant graduated from a medical school or college located outside of the United
             45      States or its jurisdictions;
             46          (f) satisfy the division and board that the applicant:
             47          (i) has successfully completed 24 months of progressive resident training in a program
             48      approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
             49      Family Physicians of Canada, or any similar body in the United States or Canada approved by
             50      the division in collaboration with the board; or
             51          (ii) (A) has successfully completed 12 months of resident training in an ACGME
             52      approved program after receiving a degree of doctor of medicine as required under Subsection
             53      (1)(d);
             54          (B) has been accepted in and is successfully participating in progressive resident
             55      training in an ACGME approved program within Utah, in the applicant's second or third year
             56      of postgraduate training; and
             57          (C) has agreed to surrender to the division his license as a physician and surgeon
             58      without any proceedings under Title 63, Chapter 46b, Administrative Procedures Act, and has



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             59
     agreed his license as a physician and surgeon will be automatically revoked by the division if
             60      the applicant fails to continue in good standing in an ACGME approved progressive resident
             61      training program within the state;
             62          (g) pass the licensing examination sequence required by division rule made in
             63      collaboration with the board;
             64          (h) be able to read, write, speak, understand, and be understood in the English language
             65      and demonstrate proficiency to the satisfaction of the board if requested by the board;
             66          (i) meet with the board and representatives of the division, if requested, for the purpose
             67      of evaluating the applicant's qualifications for licensure;
             68          (j) designate:
             69          (i) a contact person for access to medical records in accordance with the federal Health
             70      Insurance Portability and Accountability Act; and
             71          (ii) an alternate contact person for access to medical records, in the event the original
             72      contact person is unable or unwilling to serve as the contact person for access to medical
             73      records; and
             74          (k) establish a method for notifying patients of the identity and location of the contact
             75      person and alternate contact person, if the applicant will practice in a location with no other
             76      persons licensed under this chapter.
             77          (2) An applicant for licensure as a physician and surgeon by endorsement shall:
             78          (a) be currently licensed with a full unrestricted license in good standing in any state,
             79      district, or territory of the United States;
             80          (b) have been actively engaged in the legal practice of medicine in any state, district, or
             81      territory of the United States for not less than 6,000 hours during the five years immediately
             82      preceding the date of application for licensure in Utah;
             83          (c) not have any action pending against the applicant's license; [and]
             84          (d) not have a license that was suspended or revoked in any state, unless the license
             85      was subsequently reinstated as a full unrestricted license in good standing; and
             86          [(d)] (e) produce satisfactory evidence of the applicant's qualifications, identity, and
             87      good standing to the satisfaction of the division in collaboration with the board.
             88          (3) An applicant for licensure by endorsement may engage in the practice of medicine
             89      under a temporary license while the applicant's application for licensure is being processed by



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corrected - House Committee Amendments 2-21-2006 ch/cjd

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Senate Committee Amendments 2-6-2006 rd/cjd
             90
     the division, provided:
             91          (a) the applicant submits a complete application required for temporary licensure to the
             92      division;
             93          (b) the applicant S. [ documents ] submits a written document to the division from H. :
             93a1          (i) .H a
             93a      health care facility licensed under Title 26, Chapter21, Health Care Facility Licensing and
             93b      Inspection Act, stating .S that the applicant is practicing under the invitation of S. [ a
             94      sponsoring entity;
] the health care facility; .S
H. or
             94a          (ii) two individuals licensed under this chapter, whose license is in good standing and
             94b      who practice in the same clinical location, both stating that:
             94c          (A) the applicant is practicing under the invitation of the individual; and
             94d          (B) the applicant will practice at the same clinical location as the individual; .H
             95          (c) the applicant submits a S. [ verification ] signed certification to the division .S that
             95a      the applicant meets the requirements of
             96      Subsection (2);
             97          (d) the applicant does not engage in the practice of medicine until the division has
             98      issued a temporary license;
             99          (e) the temporary license is only issued for and may not be extended beyond the
             100      duration of one year from issuance; and
             101          (f) the temporary license expires immediately and prior to the expiration of one year
             102      from issuance, upon notification from the division that the applicant's application for licensure
             103      by endorsement is denied.
             103a      S.     (4) The division shall issue a temporary license under Subsection (3) within 15 business
             103b      days after the applicant satisfies the requirements of Subsection (3). .S
             103c           H. Section 2. Section 58-68-302 is amended to read:
             103d           58-68-302.   Qualifications for licensure.
             103e          (1) An applicant for licensure as an osteopathic physician and surgeon, except as set forth in
             103f      Subsection (2) or (3), shall:
             103g          (a) submit an application in a form prescribed by the division, which may include:
             103h          (i) submissions by the applicant of information maintained by practitioner data banks, as
             103i      designated by division rule, with respect to the applicant; and
             103j          (ii) a record of professional liability claims made against the applicant and settlements paid by
             103k      or on behalf of the applicant;
             103l           (b) pay a fee determined by the department under Section 63-38-3.2;
             103m          (c) be of good moral character;


            
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House Committee Amendments 2-20-2006 ch/cjd
103n
         H.(d) provide satisfactory documentation of having successfully completed a program of
             103o      professional education preparing an individual as an osteopathic physician and surgeon, as evidenced
             103p      by having received an earned degree of doctor of osteopathic medicine from:
             103q          (i) an AOA approved medical school or college; or
             103r          (ii) an osteopathic medical school or college located outside of the United States or its
             103s      jurisdictions which at the time of the applicant's graduation, met criteria for accreditation by the
             103t      AOA;
             103u          (e) hold a current certification by the Educational Commission for Foreign Medical Graduates
             103v      or any successor organization approved by the division in collaboration with the board, if the applicant
             103w      graduated from a medical school or college located outside of the United States or its jurisdictions;
             103x          (f) satisfy the division and board that the applicant:
             103y          (i) has successfully completed 24 months of progressive resident training in an ACGME or
             103z      AOA approved program after receiving a degree of doctor of osteopathic medicine required under
             103aa      Subsection (1)(d); or
             103ab          (ii) (A) has successfully completed 12 months of resident training in an ACGME or AOA
             103ac      approved program after receiving a degree of doctor of osteopathic medicine as required under
             103ad      Subsection (1)(d);
             103ae          (B) has been accepted in and is successfully participating in progressive resident training in an
             103af      ACGME or AOA approved program within Utah, in the applicant's second or third year of
             103ag      postgraduate training; and
             103ah          (C) has agreed to surrender to the division his license as an osteopathic physician and surgeon
             103ai      without any proceedings under Title 63, Chapter 46b, Administrative Procedures Act, and has agreed
             103aj      his license as an osteopathic physician and surgeon will be automatically revoked by the division if the
             103ak      applicant fails to continue in good standing in an ACGME or AOA approved progressive resident
             103al      training program within the state;
             103am          (g) pass the licensing examination sequence required by division rule, as made in collaboration
             103an      with the board;
             103ao          (h) be able to read, write, speak, understand, and be understood in the English language and
             103ap      demonstrate proficiency to the satisfaction of the board, if requested by the board;
             103aq          (i) meet with the board and representatives of the division, if requested for the purpose of
             103ar      evaluating the applicant's qualifications for licensure;
             103as          (j) designate:
             103at          (i) a contact person for access to medical records in accordance with the federal Health
             103au      Insurance Portability and Accountability Act; and
             103av          (ii) an alternate contact person for access to medical records, in the event the original contact
             103aw      person is unable or unwilling to serve as the contact person; and
             103ax          (k) establish a method for notifying patients of the identity and location of the contact .H


            
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House Committee Amendments 2-20-2006 ch/cjd
103ay
     H. person and alternate contact person, if the applicant will practice in a location with no other
             103az      persons licensed under this chapter.
             103ba          (2) An applicant for licensure as an osteopathic physician and surgeon qualifying under the
             103bb      endorsement provision of Section 58-1-302 shall:
             103bc          (a) be currently licensed in good standing in another jurisdiction as set forth in Section
             103bd      58-1-302;
             103be          (b) (i) document having met all requirements for licensure under Subsection (1) except, if an
             103bf      applicant received licensure in another state or jurisdiction based upon only 12 months residency
             103bg      training after graduation from medical school, the applicant may qualify for licensure in Utah by
             103bh      endorsement only if licensed in the other state prior to July 1, 1996; or
             103bi          (ii) document having obtained licensure in another state or jurisdiction whose licensure
             103bj      requirements were at the time of obtaining licensure equal to licensure requirements at that time in
             103bk      Utah;
             103bl          (c) have passed the SPEX examination within 12 months preceding the date of application for
             103bm      licensure in Utah if the date on which the applicant passed qualifying examinations for licensure is
             103bn      greater than five years prior to the date of the application for licensure in Utah, or meet medical
             103bo      specialty certification requirements which may be established by division rule made in collaboration
             103bp      with the board;
             103bq          (d) have been actively engaged in the practice as an osteopathic physician and surgeon for not
             103br      less than 6,000 hours during the five years immediately preceding the date of application for licensure
             103bs      in Utah; [ and ]
             103bt           (e) meet with the board and representatives of the division, if requested for the purpose of
             103bu      evaluating the applicant's qualifications for licensure [ . ] ; and
             103bv           (f) not have a license that was suspended or revoked in any state, unless the license was
             103bw      subsequently reinstated as a full unrestricted license in good standing; and
             103bx           (3) An applicant for licensure as an osteopathic physician and surgeon, who has been licensed
             103by      as an osteopathic physician in Utah, who has allowed his license in Utah to expire for nonpayment of
             103bz      license fees, and who is currently licensed in good standing in another state or jurisdiction of the
             103ca      United States shall:
             103cb          (a) submit an application in a form prescribed by the division;
             103cc          (b) pay a fee determined by the department under Section 63-38-3.2;
             103cd          (c) be of good moral character;
             103ce          (d) have passed the SPEX examination within 12 months preceding the date of application for
             103cf      licensure in Utah if the date on which the applicant passed qualifying examinations for licensure is
             103cg      greater than five years prior to the date of the application for licensure in Utah;
             103ch          (e) have been actively engaged in the practice as an osteopathic physician for not fewer than
             103ci      6,000 hours during the five years immediately preceding the date of application for licensure; and . H


            
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House Committee Amendments 2-20-2006 ch/cjd
103cj
         (f) meet with the board and representatives of the division, if requested for the purpose of
             103ck      evaluating the applicant's qualifications for licensure.
             103cl          (4) An applicant for licensure by endorsement may engage in the practice of medicine
             103cm      under a temporary license while the applicant's application for licensure is being processed by
             103cn      the division, provided:
             103co          (a) the applicant submits a complete application required for temporary licensure to
             103cp      the division;
             103cq          (b) the applicant submits a written document to the division from:
             103cr          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
             103cs      Licensing and Inspection Act, stating that the applicant is practicing under the invitation of
             103ct      the health care facility; or
             103cu          (ii) two individuals licensed under this chapter, whose license is in good standing and
             103cv      who practice in the same clinical location, both stating that:
             103cw          (A) the applicant is practicing under the invitation of the individual; and
             103cx          (B) the applicant will practice at the same clinical location as the individual;
             103cy          (c) the applicant submits a signed certification to the division that the applicant meets
             103cz      the requirements of Subsection (2);
             103da          (d) the applicant does not engage in the practice of medicine until the division has
             103db      issued a temporary license;
             103dc          (e) the temporary license is only issued for and may not be extended beyond the
             103dd      duration of one year from issuance; and
             103de          (f) the temporary license expires immediately and prior to the expiration of one year
             103df      from issuance, upon notification from the division that the applicant's application for licensure
             103dg      by endorsement is denied.
             103dh          (5) The division shall issue a temporary license under Subsection (4) within 15 business
             103di      days after the applicant satisfies the requirements of Subsection (4). .H





Legislative Review Note
    as of 1-17-06 3:34 PM


Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel


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