ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: HHS DP 4-3-0-0 | 3rd Read 16-12-2-0


SB1249: medical licensing; study committee

Sponsor: Senator Shope, LD 16

Committee on Health & Human Services

Overview

Allows the Arizona Medical Board (Board), effective January 1, 2024, to grant provisional licenses to international medical graduates to engage in the practice of medicine in Arizona if certain criteria are met. Establishes the Study Committee on Physician Shortages (Study Committee) for the purpose of researching and making recommendations addressing the physician shortage in Arizona.

History

The Board was originally established by the Arizona State Legislature in 1913. The Board consists of 12 members who are appointed to serve a term of five years to begin and end on July 1. The Board's primary duty is to protect the public from unlawful, incompetent, unqualified, impaired or unprofessional practitioners of allopathic medicine through licensing and regulation (A.R.S. §§ 32-1402 and 32-1403).

The Board initiates investigations, disciplines and rehabilitates physicians and develops standards governing the profession. An applicant for licensure must submit fingerprints for the purpose of obtaining a state and federal criminal records check. Additional qualifications for a medical license can be found in statute (A.R.S. §§ 32-1422, 32-1451 and 32-1452).

The practice of medicine in part, means the diagnosis, treatment or correction of any and all human diseases, injuries, ailments, infirmities or deformities, physical or mental, by any means, methods, devices or instrumentalities. The practice of medicine includes the practice of medicine alone or the practice of surgery alone, or both (A.R.S. § 32-1401).

Provisions

 International Medical Graduate Provisional Licensure

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires the Board to grant a provisional license to engage in the practice of medicine in Arizona to an international medical graduate who:

a)   has an offer for employment as a physician at any health care provider that operates in Arizona; and

b)   meets applicable requirements for medicine and surgery licensure. (Sec. 1)

2.   Allows the Board to discipline a licensee or revoke a granted provisional license based on clear and compelling evidence after a conducted investigation. (Sec. 1)

3.   Permits a provisional licensee to appeal the revocation to the Maricopa County Superior Court within 120 days after the Board's decision to revoke the provisional license. (Sec. 1)

4.   Directs the court to reinstate the provisional license if it finds that the Board's actions did not meet the standards for revocation. (Sec. 1)

5.   Requires a provisional license to automatically convert into a full license to practice medicine in Arizona after three years unless the Board disciplines the licensee in that three-year period of the provisional license. (Sec. 1)

6.   Specifies that the Board is not required to license an international medical graduate who does not provide the following:

a)   evidence of substantially similar medical training as required by Arizona law;

b)   evidence of satisfactory passage of exams;

c)   a complete license application; and

d)   payment of all required licensing fees. (Sec. 1)

7.   Allows the Board to require an applicant international medical graduate to submit any necessary supporting application materials so that the Board can properly evaluate the applicant for licensure. (Sec. 1)

8.   Permits the Board to require an applicant international medical graduate, at the applicant's expense, to submit medical education information through the Educational Commission for Foreign Medical Graduates or another third-party records service. (Sec. 1)

Study Committee on Physician Shortages

9.   Establishes the Study Committee and outlines membership. (Sec. 2)

10.  Requires the Study Committee to research and make recommendations to address the physician shortage in Arizona, with emphasis on encouraging more physicians to practice in rural areas, low-income communities and in primary care. (Sec. 2)

11.  Directs the Study Committee to prioritize increasing health care access in rural areas and low-income communities while maintaining public health and safety when making its recommendations. (Sec. 2)

12.  Requires the Study Committee to review current policies and practices on the licensing of international medical graduates and foreign-licensed physicians to determine how to reduce barriers to entry into medical practice in Arizona. (Sec. 2)

13.  Instructs the Study Committee to consult with the following national organizations to solicit their input on any preliminary recommendations:

a)   the Federation of State Medical Boards;

b)   the Accreditation Council for Graduate Medical Education; and

c)   the Educational Commission for Foreign Medical Graduates. (Sec. 2)

14.  States that the Study Committee will meet as frequently as the co-chairpersons deem necessary and may hold hearings and take testimony from stakeholders in fulfilling its responsibilities.

15.  Requires all Study Committee hearings to be open to the public. (Sec. 2)

16.  Stipulates that Study Committee members are not eligible to receive compensation but may be reimbursed for expenses. (Sec. 2)

17.  Instructs the Study Committee, by December 1, 2024, to submit a report regarding its findings and recommendations to the Governor, President of the Senate and Speaker of the House of Representatives and provide a copy of this report to the Secretary of State. (Sec. 2)

18.  Repeals the Study Committee on January 1, 2025. (Sec. 2)

Miscellaneous

19.  Defines the following terms:

a)   health care provider;

b)   International medical graduates;

c)   International medical program; and

d)   Physician. (Sec. 1)

20.  Contains an effective date of January 1, 2024. (Sec. 3)

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24.                    SB 1249

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