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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- 2 - 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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- 3 - 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