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7 LONG TITLE
8 General Description:
9 This bill enacts language related to certain physician certifications.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits the following from requiring that a physician maintain certain
13 certifications:
14 • a health care facility for purposes of employment, privileges, or reimbursement;
15 • a managed care organization or other third party for purposes of reimbursement;
16 and
17 • the Division of Occupational and Professional Licensing for purposes of
18 licensing; and
19 ▸ makes technical and conforming changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-67-302, as last amended by Laws of Utah 2012, Chapters 162 and 225
27 58-67-302.5, as last amended by Laws of Utah 2011, Chapter 214
28 58-68-302, as last amended by Laws of Utah 2012, Chapters 162 and 225
29 ENACTS:
30 26-21-30, Utah Code Annotated 1953
31 31A-45-305, Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-21-30 is enacted to read:
35 26-21-30. Prohibition on certain physician certification requirements.
36 A health care facility may not require for purposes of employment, privileges, or
37 reimbursement, that a physician, as defined in Section 58-67-102, secure maintenance of
38 certification by a nationally recognized accrediting organization that specializes in a specific
39 area of medicine that includes continuous reexamination to measure core competencies in
40 practice of medicine, as defined in Section 58-67-102, as a requirement for maintaining
41 certification.
42 Section 2. Section 31A-45-305 is enacted to read:
43 31A-45-305. Prohibition on certain physician certification requirements.
44 A managed care organization or other third party may not require for purposes of
45 reimbursement that a physician, as defined in Section 58-67-102, secure maintenance of
46 certification by a nationally recognized accrediting organization that specializes in a specific
47 area of medicine that includes continuous reexamination to measure core competencies in
48 practice of medicine, as defined in Section 58-67-102, as a requirement for maintaining
49 certification.
50 Section 3. Section 58-67-302 is amended to read:
51 58-67-302. Qualifications for licensure.
52 (1) An applicant for licensure as a physician and surgeon, except as set forth in
53 Subsection (2), shall:
54 (a) submit an application in a form prescribed by the division, which may include:
55 (i) submissions by the applicant of information maintained by practitioner data banks,
56 as designated by division rule, with respect to the applicant;
57 (ii) a record of professional liability claims made against the applicant and settlements
58 paid by or on behalf of the applicant; and
59 (iii) authorization to use a record coordination and verification service approved by the
60 division in collaboration with the board;
61 (b) pay a fee determined by the department under Section 63J-1-504;
62 (c) be of good moral character;
63 (d) provide satisfactory documentation of having successfully completed a program of
64 professional education preparing an individual as a physician and surgeon, as evidenced by:
65 (i) having received an earned degree of doctor of medicine from an LCME accredited
66 medical school or college; or
67 (ii) if the applicant graduated from a medical school or college located outside the
68 United States or its territories, submitting a current certification by the Educational
69 Commission for Foreign Medical Graduates or any successor organization approved by the
70 division in collaboration with the board;
71 (e) satisfy the division and board that the applicant:
72 (i) has successfully completed 24 months of progressive resident training in a program
73 approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
74 Family Physicians of Canada, or any similar body in the United States or Canada approved by
75 the division in collaboration with the board; or
76 (ii) (A) has successfully completed 12 months of resident training in an ACGME
77 approved program after receiving a degree of doctor of medicine as required under Subsection
78 (1)(d);
79 (B) has been accepted in and is successfully participating in progressive resident
80 training in an ACGME approved program within Utah, in the applicant's second or third year
81 of postgraduate training; and
82 (C) has agreed to surrender to the division the applicant's license as a physician and
83 surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
84 and has agreed the applicant's license as a physician and surgeon will be automatically revoked
85 by the division if the applicant fails to continue in good standing in an ACGME approved
86 progressive resident training program within the state;
87 (f) pass the licensing examination sequence required by division rule made in
88 collaboration with the board;
89 (g) be able to read, write, speak, understand, and be understood in the English language
90 and demonstrate proficiency to the satisfaction of the board if requested by the board;
91 (h) meet with the board and representatives of the division, if requested, for the
92 purpose of evaluating the applicant's qualifications for licensure;
93 (i) designate:
94 (i) a contact person for access to medical records in accordance with the federal Health
95 Insurance Portability and Accountability Act; and
96 (ii) an alternate contact person for access to medical records, in the event the original
97 contact person is unable or unwilling to serve as the contact person for access to medical
98 records; and
99 (j) establish a method for notifying patients of the identity and location of the contact
100 person and alternate contact person, if the applicant will practice in a location with no other
101 persons licensed under this chapter.
102 (2) An applicant for licensure as a physician and surgeon by endorsement who is
103 currently licensed to practice medicine in any state other than Utah, a district or territory of the
104 United States, or Canada shall:
105 (a) be currently licensed with a full unrestricted license in good standing in any state,
106 district, or territory of the United States, or Canada;
107 (b) have been actively engaged in the legal practice of medicine in any state, district, or
108 territory of the United States, or Canada for not less than 6,000 hours during the five years
109 immediately preceding the date of application for licensure in Utah;
110 (c) comply with the requirements for licensure under Subsections (1)(a) through (d),
111 (1)(e)(i), and (1)(g) through (j);
112 (d) have passed the licensing examination sequence required in Subsection (1)(f) or
113 another medical licensing examination sequence in another state, district or territory of the
114 United States, or Canada that the division in collaboration with the board by rulemaking
115 determines is equivalent to its own required examination;
116 (e) not have any investigation or action pending against any health care license of the
117 applicant, not have a health care license that was suspended or revoked in any state, district or
118 territory of the United States, or Canada, and not have surrendered a health care license in lieu
119 of a disciplinary action, unless:
120 (i) the license was subsequently reinstated as a full unrestricted license in good
121 standing; or
122 (ii) the division in collaboration with the board determines to its satisfaction, after full
123 disclosure by the applicant, that:
124 (A) the conduct has been corrected, monitored, and resolved; or
125 (B) a mitigating circumstance exists that prevents its resolution, and the division in
126 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
127 would be reinstated;
128 (f) submit to a records review, a practice history review, and comprehensive
129 assessments, if requested by the division in collaboration with the board; and
130 (g) produce satisfactory evidence that the applicant meets the requirements of this
131 Subsection (2) to the satisfaction of the division in collaboration with the board.
132 (3) An applicant for licensure by endorsement may engage in the practice of medicine
133 under a temporary license while the applicant's application for licensure is being processed by
134 the division, provided:
135 (a) the applicant submits a complete application required for temporary licensure to the
136 division;
137 (b) the applicant submits a written document to the division from:
138 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
139 Licensing and Inspection Act, stating that the applicant is practicing under the:
140 (A) invitation of the health care facility; and
141 (B) the general supervision of a physician practicing at the facility; or
142 (ii) two individuals licensed under this chapter, whose license is in good standing and
143 who practice in the same clinical location, both stating that:
144 (A) the applicant is practicing under the invitation and general supervision of the
145 individual; and
146 (B) the applicant will practice at the same clinical location as the individual;
147 (c) the applicant submits a signed certification to the division that the applicant meets
148 the requirements of Subsection (2);
149 (d) the applicant does not engage in the practice of medicine until the division has
150 issued a temporary license;
151 (e) the temporary license is only issued for and may not be extended or renewed
152 beyond the duration of one year from issuance; and
153 (f) the temporary license expires immediately and prior to the expiration of one year
154 from issuance, upon notification from the division that the applicant's application for licensure
155 by endorsement is denied.
156 (4) The division shall issue a temporary license under Subsection (3) within 15
157 business days after the applicant satisfies the requirements of Subsection (3).
158 (5) The division may not require the following as a requirement for licensure:
159 (a) a post-residency board certification [
160 (b) maintenance of certification by a nationally recognized accrediting organization
161 that specializes in a specific area of medicine that includes continuous reexamination to
162 measure core competencies in practice of medicine as a requirement for maintaining
163 certification.
164 Section 4. Section 58-67-302.5 is amended to read:
165 58-67-302.5. Licensing of graduates of foreign medical schools.
166 (1) Notwithstanding any other provision of law to the contrary, an individual enrolled
167 in a medical school outside the United States, its territories, the District of Columbia, or
168 Canada is eligible for licensure as a physician and surgeon in this state if the individual has
169 satisfied the following requirements:
170 (a) meets all the requirements of Subsection 58-67-302(1), except for Subsection
171 58-67-302(1)(d);
172 (b) has studied medicine in a medical school located outside the United States which is
173 recognized by an organization approved by the division;
174 (c) has completed all of the formal requirements of the foreign medical school except
175 internship or social service;
176 (d) has attained a passing score on the educational commission for foreign medical
177 graduates examination or other qualifying examinations such as the United States Medical
178 Licensing Exam parts I and II, which are approved by the division or a medical school
179 approved by the division;
180 (e) has satisfactorily completed one calendar year of supervised clinical training under
181 the direction of a United States medical education setting accredited by the liaison committee
182 for graduate medical education and approved by the division;
183 (f) has completed the postgraduate hospital training required by Subsection
184 58-67-302(1)(e)(i); and
185 (g) has passed the examination required by the division of all applicants for licensure.
186 (2) Satisfaction of the requirements of Subsection (1) is in lieu of:
187 (a) the completion of any foreign internship or social service requirements; and
188 (b) the certification required by Subsection 58-67-302(1)(d).
189 (3) Individuals who satisfy the requirements of Subsections (1)(a) through (f) shall be
190 eligible for admission to graduate medical education programs within the state, including
191 internships and residencies, which are accredited by the liaison committee for graduate medical
192 education.
193 (4) A document issued by a medical school located outside the United States shall be
194 considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
195 physician and surgeon in this state if:
196 (a) the foreign medical school is recognized by an organization approved by the
197 division;
198 (b) the document granted by the foreign medical school is issued after the completion
199 of all formal requirements of the medical school except internship or social service; and
200 (c) the foreign medical school certifies that the person to whom the document was
201 issued has satisfactorily completed the requirements of Subsection (1)(c).
202 (5) The division may not require as a requirement for licensure maintenance of
203 certification by a nationally recognized accrediting organization that specializes in a specific
204 area of medicine that includes continuous reexamination to measure core competencies in
205 practice of medicine as a requirement for maintaining certification.
206 [
207 pathway program."
208 Section 5. Section 58-68-302 is amended to read:
209 58-68-302. Qualifications for licensure.
210 (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
211 forth in Subsection (2), shall:
212 (a) submit an application in a form prescribed by the division, which may include:
213 (i) submissions by the applicant of information maintained by practitioner data banks,
214 as designated by division rule, with respect to the applicant;
215 (ii) a record of professional liability claims made against the applicant and settlements
216 paid by or on behalf of the applicant; and
217 (iii) authorization to use a record coordination and verification service approved by the
218 division in collaboration with the board;
219 (b) pay a fee determined by the department under Section 63J-1-504;
220 (c) be of good moral character;
221 (d) provide satisfactory documentation of having successfully completed a program of
222 professional education preparing an individual as an osteopathic physician and surgeon, as
223 evidenced by:
224 (i) having received an earned degree of doctor of osteopathic medicine from an AOA
225 approved medical school or college; or
226 (ii) submitting a current certification by the Educational Commission for Foreign
227 Medical Graduates or any successor organization approved by the division in collaboration
228 with the board, if the applicant is graduated from an osteopathic medical school or college
229 located outside of the United States or its territories which at the time of the applicant's
230 graduation, met criteria for accreditation by the AOA;
231 (e) satisfy the division and board that the applicant:
232 (i) has successfully completed 24 months of progressive resident training in an
233 ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
234 required under Subsection (1)(d); or
235 (ii) (A) has successfully completed 12 months of resident training in an ACGME or
236 AOA approved program after receiving a degree of doctor of osteopathic medicine as required
237 under Subsection (1)(d);
238 (B) has been accepted in and is successfully participating in progressive resident
239 training in an ACGME or AOA approved program within Utah, in the applicant's second or
240 third year of postgraduate training; and
241 (C) has agreed to surrender to the division the applicant's license as an osteopathic
242 physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
243 Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
244 will be automatically revoked by the division if the applicant fails to continue in good standing
245 in an ACGME or AOA approved progressive resident training program within the state;
246 (f) pass the licensing examination sequence required by division rule, as made in
247 collaboration with the board;
248 (g) be able to read, write, speak, understand, and be understood in the English language
249 and demonstrate proficiency to the satisfaction of the board, if requested by the board;
250 (h) meet with the board and representatives of the division, if requested for the purpose
251 of evaluating the applicant's qualifications for licensure;
252 (i) designate:
253 (i) a contact person for access to medical records in accordance with the federal Health
254 Insurance Portability and Accountability Act; and
255 (ii) an alternate contact person for access to medical records, in the event the original
256 contact person is unable or unwilling to serve as the contact person for access to medical
257 records; and
258 (j) establish a method for notifying patients of the identity and location of the contact
259 person and alternate contact person, if the applicant will practice in a location with no other
260 persons licensed under this chapter.
261 (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
262 who is currently licensed to practice osteopathic medicine in any state other than Utah, a
263 district or territory of the United States, or Canada shall:
264 (a) be currently licensed with a full unrestricted license in good standing in any state,
265 district or territory of the United States, or Canada;
266 (b) have been actively engaged in the legal practice of osteopathic medicine in any
267 state, district or territory of the United States, or Canada for not less than 6,000 hours during
268 the five years immediately preceding the day on which the applicant applied for licensure in
269 Utah;
270 (c) comply with the requirements for licensure under Subsections (1)(a) through (d),
271 (1)(e)(i), and (1)(g) through (j);
272 (d) have passed the licensing examination sequence required in Subsection (1)(f) or
273 another medical licensing examination sequence in another state, district or territory of the
274 United States, or Canada that the division in collaboration with the board by rulemaking
275 determines is equivalent to its own required examination;
276 (e) not have any investigation or action pending against any health care license of the
277 applicant, not have a health care license that was suspended or revoked in any state, district or
278 territory of the United States, or Canada, and not have surrendered a health care license in lieu
279 of a disciplinary action, unless:
280 (i) the license was subsequently reinstated as a full unrestricted license in good
281 standing; or
282 (ii) the division in collaboration with the board determines, after full disclosure by the
283 applicant, that:
284 (A) the conduct has been corrected, monitored, and resolved; or
285 (B) a mitigating circumstance exists that prevents its resolution, and the division in
286 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
287 would be reinstated;
288 (f) submit to a records review, a practice review history, and physical and
289 psychological assessments, if requested by the division in collaboration with the board; and
290 (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
291 the satisfaction of the division in collaboration with the board.
292 (3) An applicant for licensure by endorsement may engage in the practice of medicine
293 under a temporary license while the applicant's application for licensure is being processed by
294 the division, provided:
295 (a) the applicant submits a complete application required for temporary licensure to the
296 division;
297 (b) the applicant submits a written document to the division from:
298 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
299 Licensing and Inspection Act, stating that the applicant is practicing under the:
300 (A) invitation of the health care facility; and
301 (B) the general supervision of a physician practicing at the health care facility; or
302 (ii) two individuals licensed under this chapter, whose license is in good standing and
303 who practice in the same clinical location, both stating that:
304 (A) the applicant is practicing under the invitation and general supervision of the
305 individual; and
306 (B) the applicant will practice at the same clinical location as the individual;
307 (c) the applicant submits a signed certification to the division that the applicant meets
308 the requirements of Subsection (2);
309 (d) the applicant does not engage in the practice of medicine until the division has
310 issued a temporary license;
311 (e) the temporary license is only issued for and may not be extended or renewed
312 beyond the duration of one year from issuance; and
313 (f) the temporary license expires immediately and prior to the expiration of one year
314 from issuance, upon notification from the division that the applicant's application for licensure
315 by endorsement is denied.
316 (4) The division shall issue a temporary license under Subsection (3) within 15
317 business days after the applicant satisfies the requirements of Subsection (3).
318 (5) The division may not require [
319 a requirement for licensure[
320 (a) a post-residency board certification; or
321 (b) maintenance of certification by a nationally recognized accrediting organization
322 that specializes in a specific area of medicine that includes continuous reexamination to
323 measure core competencies in practice of medicine as a requirement for maintaining
324 certification.
Legislative Review Note
Office of Legislative Research and General Counsel