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H.B. 399

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 21, 2012 at 11:35 AM by jeyring. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Mar 2, 2012 at 9:59 AM by khelgesen. -->              1     

PHYSICIAN AND OSTEOPATHIC LICENSING

             2     
AMENDMENTS

             3     
2012 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Stephen E. Sandstrom

             6     
Senate Sponsor: John L. Valentine

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill amends the Utah Medical Practice Act and the Utah Osteopathic Medical
             11      Practice Act relating to licensing requirements.
             12      Highlighted Provisions:
             13          This bill:
             14          .    prohibits the Division of Occupational Licensing from requiring board or specialty
             15      certification as a requirement for licensure; and
             16          .    makes technical changes.
             17      Money Appropriated in this Bill:
             18          None
             19      Other Special Clauses:
             20          None
             21      Utah Code Sections Affected:
             22      AMENDS:
             23          58-67-302, as last amended by Laws of Utah 2011, Chapter 214
             24          58-68-302, as last amended by Laws of Utah 2011, Chapter 214
             25     
             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 58-67-302 is amended to read:


             28           58-67-302. Qualifications for licensure.
             29          (1) An applicant for licensure as a physician and surgeon, except as set forth in
             30      Subsection (2), shall:
             31          (a) submit an application in a form prescribed by the division, which may include:
             32          (i) submissions by the applicant of information maintained by practitioner data banks,
             33      as designated by division rule, with respect to the applicant;
             34          (ii) a record of professional liability claims made against the applicant and settlements
             35      paid by or on behalf of the applicant; and
             36          (iii) authorization to use a record coordination and verification service approved by the
             37      division in collaboration with the board;
             38          (b) pay a fee determined by the department under Section 63J-1-504 ;
             39          (c) be of good moral character;
             40          (d) provide satisfactory documentation of having successfully completed a program of
             41      professional education preparing an individual as a physician and surgeon, as evidenced by:
             42          (i) having received an earned degree of doctor of medicine from an LCME accredited
             43      medical school or college; or
             44          (ii) if the applicant graduated from a medical school or college located outside the
             45      United States or its territories, submitting a current certification by the Educational
             46      Commission for Foreign Medical Graduates or any successor organization approved by the
             47      division in collaboration with the board;
             48          (e) satisfy the division and board that the applicant:
             49          (i) has successfully completed 24 months of progressive resident training in a program
             50      approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
             51      Family Physicians of Canada, or any similar body in the United States or Canada approved by
             52      the division in collaboration with the board; or
             53          (ii) (A) has successfully completed 12 months of resident training in an ACGME
             54      approved program after receiving a degree of doctor of medicine as required under Subsection
             55      (1)(d);
             56          (B) has been accepted in and is successfully participating in progressive resident
             57      training in an ACGME approved program within Utah, in the applicant's second or third year
             58      of postgraduate training; and


             59          (C) has agreed to surrender to the division the applicant's license as a physician and
             60      surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
             61      and has agreed the applicant's license as a physician and surgeon will be automatically revoked
             62      by the division if the applicant fails to continue in good standing in an ACGME approved
             63      progressive resident training program within the state;
             64          (f) pass the licensing examination sequence required by division rule made in
             65      collaboration with the board;
             66          (g) be able to read, write, speak, understand, and be understood in the English language
             67      and demonstrate proficiency to the satisfaction of the board if requested by the board;
             68          (h) meet with the board and representatives of the division, if requested, for the
             69      purpose of evaluating the applicant's qualifications for licensure;
             70          (i) designate:
             71          (i) a contact person for access to medical records in accordance with the federal Health
             72      Insurance Portability and Accountability Act; and
             73          (ii) an alternate contact person for access to medical records, in the event the original
             74      contact person is unable or unwilling to serve as the contact person for access to medical
             75      records; and
             76          (j) establish a method for notifying patients of the identity and location of the contact
             77      person and alternate contact person, if the applicant will practice in a location with no other
             78      persons licensed under this chapter.
             79          (2) An applicant for licensure as a physician and surgeon by endorsement who is
             80      currently licensed to practice medicine in any state other than Utah, a district or territory of the
             81      United States, or Canada shall:
             82          (a) be currently licensed with a full unrestricted license in good standing in any state,
             83      district, or territory of the United States, or Canada;
             84          (b) have been actively engaged in the legal practice of medicine in any state, district, or
             85      territory of the United States, or Canada for not less than 6,000 hours during the five years
             86      immediately preceding the date of application for licensure in Utah;
             87          (c) comply with the requirements for licensure under [Subsection] Subsections (1)(a)
             88      through (d), (1)(e)(i), and (1)(g) through (j);
             89          (d) have passed the licensing examination sequence required in Subsection (1)(f) or


             90      another medical licensing examination sequence in another state, district or territory of the
             91      United States, or Canada that the division in collaboration with the board by rulemaking
             92      determines is equivalent to its own required examination;
             93          (e) not have any investigation or action pending against any health care license of the
             94      applicant, not have a health care license that was suspended or revoked in any state, district or
             95      territory of the United States, or Canada, and not have surrendered a health care license in lieu
             96      of a disciplinary action, unless:
             97          (i) the license was subsequently reinstated as a full unrestricted license in good
             98      standing; or
             99          (ii) the division in collaboration with the board determines to its satisfaction, after full
             100      disclosure by the applicant, that:
             101          (A) the conduct has been corrected, monitored, and resolved; or
             102          (B) a mitigating circumstance exists that prevents its resolution, and the division in
             103      collaboration with the board is satisfied that, but for the mitigating circumstance, the license
             104      would be reinstated;
             105          (f) submit to a records review, a practice history review, and comprehensive
             106      assessments, if requested by the division in collaboration with the board; and
             107          (g) produce satisfactory evidence that the applicant meets the requirements of this
             108      Subsection (2) to the satisfaction of the division in collaboration with the board.
             109          (3) An applicant for licensure by endorsement may engage in the practice of medicine
             110      under a temporary license while the applicant's application for licensure is being processed by
             111      the division, provided:
             112          (a) the applicant submits a complete application required for temporary licensure to the
             113      division;
             114          (b) the applicant submits a written document to the division from:
             115          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
             116      Licensing and Inspection Act, stating that the applicant is practicing under the invitation of the
             117      health care facility; or
             118          (ii) two individuals licensed under this chapter, whose license is in good standing and
             119      who practice in the same clinical location, both stating that:
             120          (A) the applicant is practicing under the invitation of the individual; and


             121          (B) the applicant will practice at the same clinical location as the individual;
             122          (c) the applicant submits a signed certification to the division that the applicant meets
             123      the requirements of Subsection (2);
             124          (d) the applicant does not engage in the practice of medicine until the division has
             125      issued a temporary license;
             126          (e) the temporary license is only issued for and may not be extended beyond the
             127      duration of one year from issuance; and
             128          (f) the temporary license expires immediately and prior to the expiration of one year
             129      from issuance, upon notification from the division that the applicant's application for licensure
             130      by endorsement is denied.
             131          (4) The division shall issue a temporary license under Subsection (3) within 15
             132      business days after the applicant satisfies the requirements of Subsection (3).
             133          (5) S. [ The division may not require a H. medical .H specialty H. certification .H or
             133a      H. [board] subspecialty .H certification as a qualification for H. initial .H
             134      licensure H. or to maintain licensure .H .
] The division may not require a post-residency board

             134a      certification as a requirement for licensure. .S
             135          Section 2. Section 58-68-302 is amended to read:
             136           58-68-302. Qualifications for licensure.
             137          (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
             138      forth in Subsection (2), shall:
             139          (a) submit an application in a form prescribed by the division, which may include:
             140          (i) submissions by the applicant of information maintained by practitioner data banks,
             141      as designated by division rule, with respect to the applicant;
             142          (ii) a record of professional liability claims made against the applicant and settlements
             143      paid by or on behalf of the applicant; and
             144          (iii) authorization to use a record coordination and verification service approved by the
             145      division in collaboration with the board;
             146          (b) pay a fee determined by the department under Section 63J-1-504 ;
             147          (c) be of good moral character;
             148          (d) provide satisfactory documentation of having successfully completed a program of
             149      professional education preparing an individual as an osteopathic physician and surgeon, as
             150      evidenced by:
             151          (i) having received an earned degree of doctor of osteopathic medicine from an AOA


             152      approved medical school or college; or
             153          (ii) submitting a current certification by the Educational Commission for Foreign
             154      Medical Graduates or any successor organization approved by the division in collaboration
             155      with the board, if the applicant is graduated from an osteopathic medical school or college
             156      located outside of the United States or its territories which at the time of the applicant's
             157      graduation, met criteria for accreditation by the AOA;
             158          (e) satisfy the division and board that the applicant:
             159          (i) has successfully completed 24 months of progressive resident training in an
             160      ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
             161      required under Subsection (1)(d); or
             162          (ii) (A) has successfully completed 12 months of resident training in an ACGME or
             163      AOA approved program after receiving a degree of doctor of osteopathic medicine as required
             164      under Subsection (1)(d);
             165          (B) has been accepted in and is successfully participating in progressive resident
             166      training in an ACGME or AOA approved program within Utah, in the applicant's second or
             167      third year of postgraduate training; and
             168          (C) has agreed to surrender to the division the applicant's license as an osteopathic
             169      physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
             170      Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
             171      will be automatically revoked by the division if the applicant fails to continue in good standing
             172      in an ACGME or AOA approved progressive resident training program within the state;
             173          (f) pass the licensing examination sequence required by division rule, as made in
             174      collaboration with the board;
             175          (g) be able to read, write, speak, understand, and be understood in the English language
             176      and demonstrate proficiency to the satisfaction of the board, if requested by the board;
             177          (h) meet with the board and representatives of the division, if requested for the purpose
             178      of evaluating the applicant's qualifications for licensure;
             179          (i) designate:
             180          (i) a contact person for access to medical records in accordance with the federal Health
             181      Insurance Portability and Accountability Act; and
             182          (ii) an alternate contact person for access to medical records, in the event the original


             183      contact person is unable or unwilling to serve as the contact person for access to medical
             184      records; and
             185          (j) establish a method for notifying patients of the identity and location of the contact
             186      person and alternate contact person, if the applicant will practice in a location with no other
             187      persons licensed under this chapter.
             188          (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
             189      who is currently licensed to practice osteopathic medicine in any state other than Utah, a
             190      district or territory of the United States, or Canada shall:
             191          (a) be currently licensed with a full unrestricted license in good standing in any state,
             192      district or territory of the United States, or Canada;
             193          (b) have been actively engaged in the legal practice of osteopathic medicine in any
             194      state, district or territory of the United States, or Canada for not less than 6,000 hours during
             195      the five years immediately preceding the day on which the applicant applied for licensure in
             196      Utah;
             197          (c) comply with the requirements for licensure under Subsections (1)(a) through (d),
             198      (1)(e)(i), and (1)(g) through (j);
             199          (d) have passed the licensing examination sequence required in Subsection (1)(f) or
             200      another medical licensing examination sequence in another state, district or territory of the
             201      United States, or Canada that the division in collaboration with the board by rulemaking
             202      determines is equivalent to its own required examination;
             203          (e) not have any investigation or action pending against any health care license of the
             204      applicant, not have a health care license that was suspended or revoked in any state, district or
             205      territory of the United States, or Canada, and not have surrendered a health care license in lieu
             206      of a disciplinary action, unless:
             207          (i) the license was subsequently reinstated as a full unrestricted license in good
             208      standing; or
             209          (ii) the division in collaboration with the board determines, after full disclosure by the
             210      applicant, that:
             211          (A) the conduct has been corrected, monitored, and resolved; or
             212          (B) a mitigating circumstance exists that prevents its resolution, and the division in
             213      collaboration with the board is satisfied that, but for the mitigating circumstance, the license


             214      would be reinstated;
             215          (f) submit to a records review, a practice review history, and physical and
             216      psychological assessments, if requested by the division in collaboration with the board; and
             217          (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
             218      the satisfaction of the division in collaboration with the board.
             219          (3) An applicant for licensure by endorsement may engage in the practice of medicine
             220      under a temporary license while the applicant's application for licensure is being processed by
             221      the division, provided:
             222          (a) the applicant submits a complete application required for temporary licensure to the
             223      division;
             224          (b) the applicant submits a written document to the division from:
             225          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
             226      Licensing and Inspection Act, stating that the applicant is practicing under the invitation of the
             227      health care facility; or
             228          (ii) two individuals licensed under this chapter, whose license is in good standing and
             229      who practice in the same clinical location, both stating that:
             230          (A) the applicant is practicing under the invitation of the individual; and
             231          (B) the applicant will practice at the same clinical location as the individual;
             232          (c) the applicant submits a signed certification to the division that the applicant meets
             233      the requirements of Subsection (2);
             234          (d) the applicant does not engage in the practice of medicine until the division has
             235      issued a temporary license;
             236          (e) the temporary license is only issued for and may not be extended beyond the
             237      duration of one year from issuance; and
             238          (f) the temporary license expires immediately and prior to the expiration of one year
             239      from issuance, upon notification from the division that the applicant's application for licensure
             240      by endorsement is denied.
             241          (4) The division shall issue a temporary license under Subsection (3) within 15
             242      business days after the applicant satisfies the requirements of Subsection (3).
             243          (5) S. [ The division may not require a H. medical .H specialty H. certification .H or
             243a      H. [board] subspecialty .H certification as a qualification for H. initial .H
             244      licensure H. or to maintain licensure
. .H ] The division may not require a post-residency board
             244a      certification as a requirement for licensure. .S






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