SB 1406 — international medical licensees; provisional licensure

1406 D.

AN EMPLOYER OF AN INTERNATIONAL MEDICAL LICENSEE MAY REQUIRE THE LICENSEE TO TAKE A COMPETENCY TEST AT ANYTIME DURING EMPLOYMENT.

E.

THE BOARD MAY DISCIPLINE A PROVISIONAL LICENSEE OR REVOKE A PROVISIONAL LICENSE GRANTED PURSUANT TO THIS SECTION BASED ON CLEAR AND CONVINCING EVIDENCE AFTER AN INVESTIGATION CONDUCTED PURSUANT TO SECTION 32-1451.

A PROVISIONAL LICENSEE MAY APPEAL THE REVOCATION OF THE PROVISIONAL LICENSE TO THE SUPERIOR COURT IN MARICOPA COUNTY PURSUANT TO TITLE 12, CHAPTER 7, ARTICLE 6.

THE COURT SHALL REINSTATE THE PROVISIONAL LICENSE IF THE COURT FINDS THAT THE BOARD'S ACTIONS DID NOT MEET THE STANDARDS PRESCRIBED IN THIS SUBSECTION.

F.

A PROVISIONAL LICENSE SHALL AUTOMATICALLY BE CONVERTED TO A FULL LICENSE TO PRACTICE MEDICINE IN THIS STATE AFTER FOUR YEARS IF THE PROVISIONAL LICENSEE MEETS ALL OF THE FOLLOWING:

1.

ENGAGES IN THE PRACTICE OF MEDICINE IN THIS STATE FOR FOUR YEARS IN A COUNTY WITH A POPULATION OF LESS THAN ONE MILLION PERSONS.

2.

IS NOT DISCIPLINED BY THE BOARD DURING THAT FOUR-YEAR PERIOD OF THE PROVISIONAL LICENSE.

3.

THE PROVISIONAL LICENSEE'S SUPERVISING PHYSICIAN WITH WHOM THERE WAS A SUPERVISION AGREEMENT SUBMITS A SIGNED ATTESTATION TO THE BOARD CERTIFYING THAT IT IS THE SUPERVISING PHYSICIAN'S PROFESSIONAL OPINION THAT THE PROVISIONAL LICENSEE MEETS THIS STATE'S STANDARDS FOR PROVIDING MEDICAL CARE.

THE BOARD SHALL ADOPT RULES RELATED TO THE FORMAT AND SUBMISSION REQUIREMENTS FOR THIS ATTESTATION DOCUMENT.

G.

THIS SECTION DOES NOT REQUIRE THE BOARD TO GRANT A PROVISIONAL LICENSE TO AN INTERNATIONAL MEDICAL LICENSEE WHO DOES NOT PROVIDE ALL OF THE FOLLOWING:

1.

EVIDENCE OF SUBSTANTIALLY SIMILAR MEDICAL TRAINING AS THAT REQUIRED BY THIS STATE.

2.

EVIDENCE OF SATISFACTORY PASSAGE OF EXAMS.

3.

A COMPLETE LICENSE APPLICATION.

4.

PAYMENT OF ALL REQUIRED LICENSING FEES.

5.

SATISFACTORY PROOF OF A FEDERAL IMMIGRATION STATUS THAT ALLOWS THE INDIVIDUAL TO WORK AS A PHYSICIAN IN THE UNITED STATES.

H.

THE BOARD MAY REQUIRE AN APPLICANT INTERNATIONAL MEDICAL LICENSEE TO SUBMIT ANY NECESSARY SUPPORTING APPLICATION MATERIALS SO THAT THE BOARD MAY PROPERLY EVALUATE THE APPLICANT FOR LICENSURE.

I.

THE BOARD MAY REQUIRE AN APPLICANT INTERNATIONAL MEDICAL LICENSEE, AT THE APPLICANT'S EXPENSE, TO SUBMIT MEDICAL EDUCATION INFORMATION THROUGH THE EDUCATIONAL COMMISSION FOR FOREIGN MEDICAL GRADUATES OR ANOTHER THIRD-PARTY RECORDS SERVICE.

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1406 J.

FOR THE PURPOSES OF THIS SECTION:

1.

"BOARD" MEANS THE ARIZONA MEDICAL BOARD OR THE ARIZONA BOARD OF OSTEOPATHIC EXAMINERS IN MEDICINE AND SURGERY, AS APPLICABLE.

2.

"HEALTH CARE PROVIDER":

(a) MEANS AN INDIVIDUAL, ENTITY, CORPORATION, PERSON OR ORGANIZATION, WHETHER FOR-PROFIT OR NONPROFIT, THAT FURNISHES, BILLS FOR OR IS PAID FOR HEALTH CARE PROCEDURES OR SERVICE DELIVERY IN THE NORMAL COURSE OF BUSINESS.

(b) INCLUDES HEALTH SYSTEMS, HOSPITALS, HOSPITAL-BASED FACILITIES, FREESTANDING EMERGENCY FACILITIES AND URGENT CARE CLINICS.

3.

"INTERNATIONAL MEDICAL LICENSEE " MEANS AN INDIVIDUAL WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(a) HAS BEEN GRANTED A MEDICAL DOCTORATE OR A SUBSTANTIALLY SIMILAR DEGREE BY AN INTERNATIONAL MEDICAL PROGRAM OF GOOD STANDING.

(b) HAS COMPLETED A RESIDENCY OR SUBSTANTIALLY SIMILAR POSTGRADUATE MEDICAL TRAINING RECOGNIZED BY THE LICENSING BODY OF THE COUNTRY WHERE THE INDIVIDUAL IS LICENSED.

(c) POSSESSES BASIC FLUENCY IN THE ENGLISH LANGUAGE AT A LEVEL SUFFICIENT TO COMMUNICATE WITH PATIENTS ABOUT MEDICAL CONDITIONS AND TREATMENTS.

(d) HAS BEEN LICENSED TO PRACTICE MEDICINE WITHIN THE PRECEDING FIVE YEARS IN ONE OR MORE OF THE FOLLOWING:

(i) AUSTRALIA.

(ii) CANADA.

(iii) HONG KONG.

(iv) IRELAND.

(v) ISRAEL.

(vi) NEW ZEALAND.

(vii) SINGAPORE.

(viii) SOUTH AFRICA.

(ix) SWITZERLAND.

(x) THE UNITED KINGDOM.

(xi) ANY ADDITIONAL COUNTRY ADDED BY THE BOARD.

(e) HAS PRACTICED MEDICINE IN THE LICENSING COUNTRY FOR AT LEAST FIVE YEARS AFTER COMPLETING THE POSTGRADUATE TRAINING REQUIRED IN SUBDIVISION (b) OF THIS PARAGRAPH.

4.

"INTERNATIONAL MEDICAL PROGRAM" MEANS ANY MEDICAL SCHOOL, RESIDENCY PROGRAM, MEDICAL INTERNSHIP PROGRAM OR ENTITY THAT PROVIDES PHYSICIANS WITH A MEDICAL EDUCATION OR TRAINING THAT IS SUBSTANTIALLY SIMILAR TO THAT REQUIRED TO PRACTICE AS A PHYSICIAN IN THIS STATE.

5.

"PHYSICIAN" MEANS AN INDIVIDUAL WHO HAS OBTAINED A MEDICAL DOCTORATE OR A SUBSTANTIALLY SIMILAR DEGREE AND WHO HAS COMPLETED A RESIDENCY PROGRAM OR SUBSTANTIALLY SIMILAR POSTGRADUATE MEDICAL TRAINING.

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1406 Sec.

2.

Exemption from rulemaking Notwithstanding any other law, for the purposes of this act, the Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery are exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.

Sec.

3.

Effective date Section 32-1440, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2024.

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