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First Substitute H.B. 126

Representative Stewart Barlow proposes the following substitute bill:


             1     
PHYSICIAN AND OSTEOPATHIC MEDICINE AMENDMENTS

             2     
2012 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Stewart Barlow

             5     
Senate Sponsor: John L. Valentine

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends the Utah Medical Practice Act and the Utah Osteopathic Medical
             10      Practice Act.
             11      Highlighted Provisions:
             12          This bill:
             13          .    amends the temporary license laws; and
             14          .    restricts representations made about medical specialization.
             15      Money Appropriated in this Bill:
             16          None
             17      Other Special Clauses:
             18          None
             19      Utah Code Sections Affected:
             20      AMENDS:
             21          58-67-302, as last amended by Laws of Utah 2011, Chapter 214
             22          58-68-302, as last amended by Laws of Utah 2011, Chapter 214
             23      ENACTS:
             24          58-67-806, Utah Code Annotated 1953
             25          58-68-806, Utah Code Annotated 1953


             26     
             27      Be it enacted by the Legislature of the state of Utah:
             28          Section 1. Section 58-67-302 is amended to read:
             29           58-67-302. Qualifications for licensure.
             30          (1) An applicant for licensure as a physician and surgeon, except as set forth in
             31      Subsection (2), shall:
             32          (a) submit an application in a form prescribed by the division, which may include:
             33          (i) submissions by the applicant of information maintained by practitioner data banks,
             34      as designated by division rule, with respect to the applicant;
             35          (ii) a record of professional liability claims made against the applicant and settlements
             36      paid by or on behalf of the applicant; and
             37          (iii) authorization to use a record coordination and verification service approved by the
             38      division in collaboration with the board;
             39          (b) pay a fee determined by the department under Section 63J-1-504 ;
             40          (c) be of good moral character;
             41          (d) provide satisfactory documentation of having successfully completed a program of
             42      professional education preparing an individual as a physician and surgeon, as evidenced by:
             43          (i) having received an earned degree of doctor of medicine from an LCME accredited
             44      medical school or college; or
             45          (ii) if the applicant graduated from a medical school or college located outside the
             46      United States or its territories, submitting a current certification by the Educational
             47      Commission for Foreign Medical Graduates or any successor organization approved by the
             48      division in collaboration with the board;
             49          (e) satisfy the division and board that the applicant:
             50          (i) has successfully completed 24 months of progressive resident training in a program
             51      approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
             52      Family Physicians of Canada, or any similar body in the United States or Canada approved by
             53      the division in collaboration with the board; or
             54          (ii) (A) has successfully completed 12 months of resident training in an ACGME
             55      approved program after receiving a degree of doctor of medicine as required under Subsection
             56      (1)(d);


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


             88          (c) comply with the requirements for licensure under Subsection (1)(a) through (d),
             89      (1)(e)(i), and (1)(g) through (j);
             90          (d) have passed the licensing examination sequence required in Subsection (1)(f) or
             91      another medical licensing examination sequence in another state, district or territory of the
             92      United States, or Canada that the division in collaboration with the board by rulemaking
             93      determines is equivalent to its own required examination;
             94          (e) not have any investigation or action pending against any health care license of the
             95      applicant, not have a health care license that was suspended or revoked in any state, district or
             96      territory of the United States, or Canada, and not have surrendered a health care license in lieu
             97      of a disciplinary action, unless:
             98          (i) the license was subsequently reinstated as a full unrestricted license in good
             99      standing; or
             100          (ii) the division in collaboration with the board determines to its satisfaction, after full
             101      disclosure by the applicant, that:
             102          (A) the conduct has been corrected, monitored, and resolved; or
             103          (B) a mitigating circumstance exists that prevents its resolution, and the division in
             104      collaboration with the board is satisfied that, but for the mitigating circumstance, the license
             105      would be reinstated;
             106          (f) submit to a records review, a practice history review, and comprehensive
             107      assessments, if requested by the division in collaboration with the board; and
             108          (g) produce satisfactory evidence that the applicant meets the requirements of this
             109      Subsection (2) to the satisfaction of the division in collaboration with the board.
             110          (3) An applicant for licensure by endorsement may engage in the practice of medicine
             111      under a temporary license while the applicant's application for licensure is being processed by
             112      the division, provided:
             113          (a) the applicant submits a complete application required for temporary licensure to the
             114      division;
             115          (b) the applicant submits a written document to the division from:
             116          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
             117      Licensing and Inspection Act, stating that the applicant is practicing under the:
             118          (A) invitation of the health care facility; [or] and


             119          (B) the general supervision of a physician practicing at the facility; or
             120          (ii) two individuals licensed under this chapter, whose license is in good standing and
             121      who practice in the same clinical location, both stating that:
             122          (A) the applicant is practicing under the invitation and general supervision of the
             123      individual; and
             124          (B) the applicant will practice at the same clinical location as the individual;
             125          (c) the applicant submits a signed certification to the division that the applicant meets
             126      the requirements of Subsection (2);
             127          (d) the applicant does not engage in the practice of medicine until the division has
             128      issued a temporary license;
             129          (e) the temporary license is only issued for and may not be extended or renewed
             130      beyond the duration of one year from issuance; and
             131          (f) the temporary license expires immediately and prior to the expiration of one year
             132      from issuance, upon notification from the division that the applicant's application for licensure
             133      by endorsement is denied.
             134          (4) The division shall issue a temporary license under Subsection (3) within 15
             135      business days after the applicant satisfies the requirements of Subsection (3).
             136          Section 2. Section 58-67-806 is enacted to read:
             137          58-67-806. Representation of medical specialization.
             138          (1) A physician may not represent to another person that the physician is certified in a
             139      medical specialty or certified by a particular board unless:
             140          (a) the physician includes in the representation the name of:
             141          (i) the certification board or entity; and
             142          (ii) the medical specialty for which the physician is certified; and
             143          (b) the board or certification entity meets the requirements of Subsection (2).
             144          (2) A certification entity or board under Subsection (1) shall meet the following
             145      qualifications:
             146          (a) be included in the American Board of Medical Specialties or an American
             147      Osteopathic Association Certifying Board; and
             148          (b) (i) require an Accreditation Council for Graduate Medical Education or American
             149      Osteopathic Association approved post-graduate training program that provides complete


             150      training in the specialty or sub-specialty; or
             151          (ii) be certified or had prior certification by the member board of the American Board
             152      of Medical Specialties or an American Osteopathic Certifying Board.
             153          Section 3. Section 58-68-302 is amended to read:
             154           58-68-302. Qualifications for licensure.
             155          (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
             156      forth in Subsection (2), shall:
             157          (a) submit an application in a form prescribed by the division, which may include:
             158          (i) submissions by the applicant of information maintained by practitioner data banks,
             159      as designated by division rule, with respect to the applicant;
             160          (ii) a record of professional liability claims made against the applicant and settlements
             161      paid by or on behalf of the applicant; and
             162          (iii) authorization to use a record coordination and verification service approved by the
             163      division in collaboration with the board;
             164          (b) pay a fee determined by the department under Section 63J-1-504 ;
             165          (c) be of good moral character;
             166          (d) provide satisfactory documentation of having successfully completed a program of
             167      professional education preparing an individual as an osteopathic physician and surgeon, as
             168      evidenced by:
             169          (i) having received an earned degree of doctor of osteopathic medicine from an AOA
             170      approved medical school or college; or
             171          (ii) submitting a current certification by the Educational Commission for Foreign
             172      Medical Graduates or any successor organization approved by the division in collaboration
             173      with the board, if the applicant is graduated from an osteopathic medical school or college
             174      located outside of the United States or its territories which at the time of the applicant's
             175      graduation, met criteria for accreditation by the AOA;
             176          (e) satisfy the division and board that the applicant:
             177          (i) has successfully completed 24 months of progressive resident training in an
             178      ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
             179      required under Subsection (1)(d); or
             180          (ii) (A) has successfully completed 12 months of resident training in an ACGME or


             181      AOA approved program after receiving a degree of doctor of osteopathic medicine as required
             182      under Subsection (1)(d);
             183          (B) has been accepted in and is successfully participating in progressive resident
             184      training in an ACGME or AOA approved program within Utah, in the applicant's second or
             185      third year of postgraduate training; and
             186          (C) has agreed to surrender to the division the applicant's license as an osteopathic
             187      physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
             188      Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
             189      will be automatically revoked by the division if the applicant fails to continue in good standing
             190      in an ACGME or AOA approved progressive resident training program within the state;
             191          (f) pass the licensing examination sequence required by division rule, as made in
             192      collaboration with the board;
             193          (g) be able to read, write, speak, understand, and be understood in the English language
             194      and demonstrate proficiency to the satisfaction of the board, if requested by the board;
             195          (h) meet with the board and representatives of the division, if requested for the purpose
             196      of evaluating the applicant's qualifications for licensure;
             197          (i) designate:
             198          (i) a contact person for access to medical records in accordance with the federal Health
             199      Insurance Portability and Accountability Act; and
             200          (ii) an alternate contact person for access to medical records, in the event the original
             201      contact person is unable or unwilling to serve as the contact person for access to medical
             202      records; and
             203          (j) establish a method for notifying patients of the identity and location of the contact
             204      person and alternate contact person, if the applicant will practice in a location with no other
             205      persons licensed under this chapter.
             206          (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
             207      who is currently licensed to practice osteopathic medicine in any state other than Utah, a
             208      district or territory of the United States, or Canada shall:
             209          (a) be currently licensed with a full unrestricted license in good standing in any state,
             210      district or territory of the United States, or Canada;
             211          (b) have been actively engaged in the legal practice of osteopathic medicine in any


             212      state, district or territory of the United States, or Canada for not less than 6,000 hours during
             213      the five years immediately preceding the day on which the applicant applied for licensure in
             214      Utah;
             215          (c) comply with the requirements for licensure under Subsections (1)(a) through (d),
             216      (1)(e)(i), and (1)(g) through (j);
             217          (d) have passed the licensing examination sequence required in Subsection (1)(f) or
             218      another medical licensing examination sequence in another state, district or territory of the
             219      United States, or Canada that the division in collaboration with the board by rulemaking
             220      determines is equivalent to its own required examination;
             221          (e) not have any investigation or action pending against any health care license of the
             222      applicant, not have a health care license that was suspended or revoked in any state, district or
             223      territory of the United States, or Canada, and not have surrendered a health care license in lieu
             224      of a disciplinary action, unless:
             225          (i) the license was subsequently reinstated as a full unrestricted license in good
             226      standing; or
             227          (ii) the division in collaboration with the board determines, after full disclosure by the
             228      applicant, that:
             229          (A) the conduct has been corrected, monitored, and resolved; or
             230          (B) a mitigating circumstance exists that prevents its resolution, and the division in
             231      collaboration with the board is satisfied that, but for the mitigating circumstance, the license
             232      would be reinstated;
             233          (f) submit to a records review, a practice review history, and physical and
             234      psychological assessments, if requested by the division in collaboration with the board; and
             235          (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
             236      the satisfaction of the division in collaboration with the board.
             237          (3) An applicant for licensure by endorsement may engage in the practice of medicine
             238      under a temporary license while the applicant's application for licensure is being processed by
             239      the division, provided:
             240          (a) the applicant submits a complete application required for temporary licensure to the
             241      division;
             242          (b) the applicant submits a written document to the division from:


             243          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
             244      Licensing and Inspection Act, stating that the applicant is practicing under the:
             245          (A) invitation of the health care facility; [or] and
             246          (B) the general supervision of a physician practicing at the health care facility; or
             247          (ii) two individuals licensed under this chapter, whose license is in good standing and
             248      who practice in the same clinical location, both stating that:
             249          (A) the applicant is practicing under the invitation and general supervision of the
             250      individual; and
             251          (B) the applicant will practice at the same clinical location as the individual;
             252          (c) the applicant submits a signed certification to the division that the applicant meets
             253      the requirements of Subsection (2);
             254          (d) the applicant does not engage in the practice of medicine until the division has
             255      issued a temporary license;
             256          (e) the temporary license is only issued for and may not be extended or renewed
             257      beyond the duration of one year from issuance; and
             258          (f) the temporary license expires immediately and prior to the expiration of one year
             259      from issuance, upon notification from the division that the applicant's application for licensure
             260      by endorsement is denied.
             261          (4) The division shall issue a temporary license under Subsection (3) within 15
             262      business days after the applicant satisfies the requirements of Subsection (3).
             263          Section 4. Section 58-68-806 is enacted to read:
             264          58-68-806. Representation of medical specialization.
             265          (1) A physician may not represent to another person that the physician is certified in a
             266      medical specialty or certified by a particular board unless:
             267          (a) the physician includes in the representation the name of:
             268          (i) the certification board or entity; and
             269          (ii) the medical specialty or procedure for which the physician is certified; and
             270          (b) the board or certification entity meets the requirements of Subsection (2).
             271          (2) A certification entity or board under Subsection (1) shall meet the following
             272      qualifications:
             273          (a) be included in the American Board of Medical Specialties or an American


             274      Osteopathic Association Certifying Board; or
             275          (b) (i) require an Accreditation Council for Graduate Medical Education or American
             276      Osteopathic Association approved post-graduate training program that provides complete
             277      training in the specialty or sub-specialty; and
             278          (ii) be certified or had prior certification by the member board of the American Board
             279      of Medical Specialties or an American Osteopathic Association Certifying Board.


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