SB 499 — Requiring one year of certain approved postgraduate clinical training for persons with foreign medical degrees

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Red = new code to be enacted WEST virginia legislature regular session Enrolled Committee Substitute for Senate Bill 499 By Senators Maroney, Clements, Prezioso, Stollings, Takubo, Plymale, Cline, and Jeffries,Jeffries original[Originating sponsorsin [Passedthe MarchCommittee 7,on 2018;Health and Human Resources;

inReported effecton 90February days21, from2018] passage]     ANA ACTBILL to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating to theclarifying licensingrequirements byfor thea Boardlicense ofto Medicine;practice medicine, surgery, and podiatry;

clarifyingand certainrewriting and reorganizing minimum licensing requirements for a license to obtainpractice licensure;medicine, surgery, and podiatry.  Be it enacted by the Legislature of West Virginia:

reorganizing the minimum licensing requirements for a license;

and providing the completion of a certain amount of graduate clinical training.  Be it enacted by the Legislature of West Virginia:

(a) The board shall issue a license to practice medicine and surgery or to practice podiatry to any individual who is qualified to do so in accordance with the provisions of this article.

(b) For an individual to be licensed to practice medicine and surgery in this state, he or she must meet the following requirements:

(1) He or she shall submit an application to the board on a form provided by the board and remit to the board a reasonable fee, the amount of the reasonable fee to be set by the board.

The application must, as a minimum, require a sworn and notarized statement that the applicant is of good moral character and that he or she is physically and mentally capable of engaging in the practice of medicine and surgery;

(2) He or she must provide evidence of graduation and receipt of the degree of doctor of medicine or its equivalent from a school of medicine, which is approved by the liaison committee on medical education or by the board;

(3) He or she must submit evidence to the board of having successfully completed a minimum of one year of graduate clinical training in a program approved by the Accreditation Council for Graduate Medical Education;

and (4) He or she must pass an examination approved by the board, which examination can be related to a national standard.

The examination shall be in the English language and be designed to ascertain an applicant’s fitness to practice medicine and surgery.

The board shall before the date of examination determine what will constitute a passing score:

Provided, That the board, or a majority of it, may accept in lieu of an examination of applicants the certificate of the National Board of Medical Examiners:

Provided, however, That an applicant is required to attain a passing score on all components or steps of the examination within a period of 10 consecutive years.

The board need not reject a candidate for a nonmaterial technical or administrative error or omission in the application process that is unrelated to the candidate’s professional qualifications as long as there is sufficient information available to the board to determine the eligibility of the candidate for licensure.

(c) In addition to the requirements of subsection (b) of this section, any individual who has received the degree of doctor of medicine or its equivalent from a school of medicine located outside of the United States, the Commonwealth of Puerto Rico, and Canada to be licensed to practice medicine in this state must also meet the following additional requirements and limitations:

(1) He or she must be able to demonstrate to the satisfaction of the board his or her ability to communicate in the English language;

(2) Before taking a licensure examination, he or she must have fulfilled the requirements of the Educational Commission for Foreign Medical Graduates for certification or he or she must provide evidence of receipt of a passing score on the examination of the Educational Commission for Foreign Medical Graduates:

Provided, That an applicant who:

(i) Is currently fully licensed, excluding any temporary, conditional, or restricted license or permit, under the laws of another state, the District of Columbia, Canada, or the Commonwealth of Puerto Rico;

(ii) has been engaged on a full-time professional basis in the practice of medicine within the state or jurisdiction where the applicant is fully licensed for a period of at least five years;

and (iii) is not the subject of any pending disciplinary action by a medical licensing board and has not been the subject of professional discipline by a medical licensing board in any jurisdiction is not required to have a certificate from the Educational Commission for Foreign Medical Graduates;

and (3) He or she must submit evidence to the board of either:

(i) Having successfully completed a minimum of two years of graduate clinical training in a program approved by the Accreditation Council for Graduate Medical Education;

or (ii) current certification by a member board of the American Board of Medical Specialties.

(d) For an individual to be licensed to practice podiatry in this state, he or she must meet the following requirements:

(1) He or she shall submit an application to the board on a form provided by the board and remit to the board a reasonable fee, the amount of the reasonable fee to be set by the board.

The application must, as a minimum, require a sworn and notarized statement that the applicant is of good moral character and that he or she is physically and mentally capable of engaging in the practice of podiatric medicine;

(2) He or she must provide evidence of graduation and receipt of the degree of doctor of podiatric medicine or its equivalent from a school of podiatric medicine which is approved by the Council of Podiatry Education or by the board;

(3) He or she must pass an examination approved by the board, which examination can be related to a national standard.

The examination shall be in the English language and be designed to ascertain an applicant’s fitness to practice podiatric medicine.

The board shall before the date of examination determine what will constitute a passing score:

Provided, That an applicant is required to attain a passing score on all components or steps of the examination within a period of 10 consecutive years;

and (4) He or she must submit evidence to the board of having successfully completed a minimum of one year of graduate clinical training in a program approved by the Council on Podiatric Medical Education or the Colleges of Podiatric Medicine.

The board may consider a minimum of two years of graduate podiatric clinical training in the U.

S.

armed forces or three years’ private podiatric clinical experience in lieu of this requirement.