SB 372 — Providing greater discretion to WV Board of Medicine to approve graduate clinical training

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Red = new code to be enacted WEST virginia legislature regular session OriginatingEnrolled Senate Bill 372 By Senators Maroney, Grady, Weld, Rucker, Azinger, Stover, Woodrum, Roberts, Stollings, Unger, Lindsay, and Plymale [Originating[Passed inMarch the9, Committee2021; on Health and Human Resources;

reportedin oneffect Februaryfrom 19,passage] 2021]AN AACT BILL to amend and reenact §30-3-10 and §30-3-11 of the Code of West Virginia, 1931, as amended, all relating to the practice of medicinemedicine; and surgery or podiatry;

establishing criteria for graduate clinical trainingtraining; residency programs when accreditation is not available for the fellowship’s field;

andupdating providingterminology; for other consideration for graduate clinical training based upon the approval of accredited residency programs in the same field.

updating rule-making authority;

and clarifying authority conferred by a temporary permit.

and or (ii) A graduate medical education residency program outside of the United States and a minimum of one year of fellowship training in the United States in a clinical field related to the applicant’s residency training which was completed:

or (II) At a time when accreditation was not available for the fellowship’s clinical field and the board has determined that the training was substantiallysimilar equivalent to accredited training due to objective standards, including, but not limited to, the presence of other accredited programs at the sponsoring institution during the applicant’s clinical training at the fellowship location;

or (ii) A minimum of one year of graduate clinical training approved by the Accreditation Council for Graduate Medical Education or one year of fellowship training which comports with the requirements of subparagraph (iii) of this paragraph and the applicant holds a current certification by a member board of the American Board of Medical Specialties;

or (II) At a time when accreditation was not available for the fellowship’s clinical field and the board has determined that the training was substantiallysimilar equivalent to accredited training due to objective standards, including, but not limited to, the presence of other accredited programs at the sponsoring institution during the applicant’s clinical training at the fellowship location;

§30-3-11.

Endorsement of licenses to practice medicine and surgery and podiatry;

fees;

temporary license;

summer camp doctors.

(a) (1) Any person seeking to be licensed to practice medicine and surgery in this state who holds a valid license to practice medicine and surgery attained under requirements similar to the requirement of §30-3-10 of this code from another state, the District of Columbia, the Commonwealth of Puerto Rico, or Canada;

or (2) Any person seeking to be licensed to practice podiatry in this state who holds a valid license to practice podiatry attained under requirements similar to the requirements in §30-3-10 of this code from another jurisdiction shall be issued a license to practice podiatry, as appropriate, in this state if he or she meets the following requirements:

(A) He or she must submit an application to the board on forms provided by the board and remit a licensure fee, as provided in legislative rule.

The application must, as a minimum, require a statement that the applicant is a licensed physician or podiatrist in good standing and indicate whether any medical disciplinary action has been taken against him or her in the past;

and (B) He or she must demonstrate to the satisfaction of the board that he or she has the requisite qualifications to provide the same standard of care as a physician or podiatrist initially licensed in this state.

(b) The board may investigate the applicant and may request a personal interview to review the applicant's qualifications and professional credentials.

(c) The board may grant a temporary license to an individual applying for licensure under this section if the individual meets the requirements of this section.

A temporary license issued by the board authorizes the holder to practice medicine and surgery or podiatry in West Virginia for the term of the temporary license, and includes full prescriptive authority.

The temporary license is valid until its holder has either been granted or denied a license at the next regular meeting of the board.  The board may fix and collect a fee for a temporary license, as provided in legislative rule.

(d) The application fee shall be waived, and to the extent consistent with the integrity of the licensure process and the requirements for licensure as set forth in this section and in the relevant legislative rules, the board shall expedite its processing of an individual's application to practice medicine and surgery, or practice podiatry:

Provided, That the sole purpose for licensure is to provide services at a children's summer camp for not more than one specifically designated three-week period annually.

The license shall be issued for a period of the specifically designated three weeks only, on an annual basis.