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S.B. 160

             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
             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


             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


             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


             90      the division, provided:
             91          (a) the applicant submits a complete application required for temporary licensure to the
             92      division;
             93          (b) the applicant documents that the applicant is practicing under the invitation of a
             94      sponsoring entity;
             95          (c) the applicant submits a verification that 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.




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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