Senate Bill No. 317
(By Senators Jenkins, Stollings, Bowman, Prezioso, Plymale and
McKenzie)
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[Introduced January 23, 2008; referred to the Committee on Health
and Human Resources; and then to the Committee on Government
Organization.]
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A BILL to amend and reenact §30-3-10 of the Code of West Virginia,
1931, as amended, relating to licenses to practice medicine
and surgery or podiatry; removing outmoded and expired
language; providing for a period of ten years for applicants
to pass all steps of the licensing examination; and providing
for an appearance before the board for any applicant who has
failed to pass any step of the licensing examination in three
attempts for a determination as to any further necessary
education, evaluation and/or training prior to further
consideration of licensure.
Be it enacted by the Legislature of West Virginia:
That §30-3-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-10. Licenses to practice medicine and surgery or podiatry.
(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
examination 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 the board is authorized to enter into
reciprocity agreements with medical licensing authorities in other
states, the District of Columbia, Canada or the Commonwealth of
Puerto Rico and, for an applicant who: (i) Is currently fully
licensed, excluding any temporary, conditional or restricted
license or permit, under the laws of another state or jurisdiction
having reciprocity; (ii) has been engaged on a full-time
professional basis in the practice of medicine within that state or
jurisdiction 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, the
board may permit licensure in this state by reciprocity. If an
applicant fails to pass the examination on two occasions, he or she
shall successfully complete a course of study or training, as
approved by the board, designed to improve his or her ability to
engage in the practice of medicine and surgery before being
eligible for reexamination: Provided, however, That an applicant
is required to attain a passing score on all components or steps of
the examination within a period of
seven ten consecutive years:
And provided further, That the board may, in its discretion, extend
this period of seven consecutive years for up to three additional
years for any medical student enrolled in a dual MD-PhD program or
participating in an accredited fellowship training Provided
further, That an applicant who has failed to successfully complete
and pass any one of the three steps of the United States medical
licensing examination (USMLE) in three attempts is required to
appear before the board for a determination by the board, in its
discretion, as to what, if any, further education, evaluation and
training is required for further consideration of licensure. 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;
(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
examination 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
and 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:
If an applicant fails to pass the
examination on two occasions, he or she shall successfully complete
a course of study or training, as approved by the board, designed
to improve his or her ability to engage in the practice of
podiatric medicine, before being eligible for reexamination:
Provided, That an applicant is required to attain a passing score
on all components or steps of the examination within a period of
seven ten consecutive years:
Provided, however, That an applicant
who has failed to successfully complete and pass any one of the
three steps of the National Board of Podiatric Medical Examiners examination in three attempts shall be required to appear before
the board for a determination by the board, in its discretion, as
to what, if any, further education, evaluation and/or training is
required for further consideration of licensure; 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.
(e) Notwithstanding any of the foregoing, the board may grant
licenses to an applicant in extraordinary circumstances under the
following conditions:
(1) Upon a finding by the board that based on the applicant's
exceptional education, training and practice credentials, the
applicant's practice in the state would be beneficial to the public
welfare;
(2) Upon a finding by the board that the applicant's
education, training and practice credentials are substantially
equivalent to the requirements of licensure established in this
article;
(3) That a license granted under these extraordinary
circumstances is approved by a vote of three fourths of the members
of the board;
(4) That orders denying applications for a license under this
subsection are not appealable;
(5) That the board report to the President of the Senate and
the Speaker of the House of Delegates all decisions made pursuant
to this subsection and the reasons for those decisions; and
(6) That the provisions of this subsection exist until the
first day of July, two thousand seven, unless sooner terminated,
continued or reestablished by an act of the Legislature.
(f) (e) All licenses to practice medicine and surgery granted
prior to the first day of July,
one two thousand
nine hundred
ninety-one eight, and valid on that date shall continue in full
effect for the term and under the conditions provided by law at the
time of the granting of the license:
Provided, That the provisions
of subsection (d) of this section do not apply to any person
legally entitled to practice chiropody or podiatry in this state
prior to the eleventh day of June, one thousand nine hundred
sixty-five
: Provided, however, That all persons licensed to
practice chiropody prior to the eleventh day of June, one thousand
nine hundred sixty-five, shall be permitted to use the term
"chiropody-podiatry" and shall have the rights, privileges and
responsibilities of a podiatrist set out in this article.
(g) (f) The board may not issue a license to a person whose
license has been revoked or suspended in another state until
reinstatement of his or her license in that state.
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(NOTE: The purpose of this bill is to update the licensing
requirements for physicians and podiatrists to conform to national
trends. It removes outmoded and expired language and provides for
a period of ten years for applicants to pass all steps of the
licensing examination. The bill provides for an appearance before
the board for any applicant who has failed to pass any step of the
licensing examination in three attempts, for a determination as to
any further necessary education, evaluation or training prior to
further consideration of licensure.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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GOVERNMENT ORGANIZATION COMMITTEE AMENDMENTS
On page
seven, section ten, after line fifteen, by inserting
two new subsections, to read as follows:
(e) Notwithstanding any of the provisions of this article, the
board may issue a restricted license to an applicant in
extraordinary circumstances under the following conditions:
(1) Upon a finding by the board that based on the applicant's
exceptional education, training and practice credentials, the
applicant's practice in the state would be beneficial to the public
welfare;
(2) Upon a finding by the board that the applicant's
education, training and practice credentials are substantially
equivalent to the requirements of licensure established in this
article;
(3) Upon a finding by the board that the applicant received
his or her post-graduate medical training outside of the United
States and its territories;
(4) That the restricted license issued under extraordinary
circumstances is approved by a vote of three fourths of the members
of the board;
(5) That orders denying applications for a restricted license
under this subsection are not appealable; and
(6) That the board report to the President of the Senate and
the Speaker of the House of Delegates all decisions made pursuant
to this subsection and the reasons for those decisions.
(f) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code, that establish and regulate the restricted
license issued to an applicant in extraordinary circumstances
pursuant to the provisions of this section.;
And by relettering the remaining subsections;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 317--A Bill to amend and reenact §30-3-10
of the Code of West Virginia, 1931, as amended, relating to
licenses to practice medicine and surgery or podiatry; clarifying
the licensing provisions; removing the reciprocity provision;
authorizing ten years for an applicant to pass the licensing
examination; requiring an applicant who fails the licensing
examination three times to appear before the board; establishing
the requirements for a restricted license in extraordinary
circumstances; and authorizing rule-making authority for a
restricted license.