ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

Senate: HHS 6-0-1-0 | 3rd Read 29-0-1-0


SB1285: obstetric services; rural communities; recommendations

S/E: licensure; international medical graduates

Sponsor: Senator Shamp, LD 29

Committee on Appropriations

Overview

Requires 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.

History

Arizona Medical Board

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. 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.

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 or surgery alone or both (A.R.S. §§  32-1401, 32-1402, 32-1403, 32-1422, 32-1451 and 32-1452).

Students Graduating from an Unapproved Allopathic School of Medicine

In addition to completing the basic statutory requirements for medicine and surgery licensure, any applicant who has graduated from an unapproved allopathic school of medicine must meet the following requirements:

1)   be able to read, write, speak, understand and be understood in the English language;

2)   hold a standard certificate issued by the Educational Council for Foreign Medical Graduates (Council), complete a Fifth Pathway Program, complete 36 months as a full-time assistant professor or in a higher position in an approved school of medicine; and

3)   successfully complete an approved 24 month hospital internship, residency or clinical fellowship program, in addition to the statutorily required 12 month hospital internship, residency or clinical fellowship program, for a total of 36 months of training, unless the applicant successfully completed a Fifth Pathway Program or has served as a full-time assistant professor or in a higher position in an approved school of medicine for a total of 36 months (A.R.S. § 32-1423).

 

 

 

Fifth Pathway Program

In addition to completing the basic statutory requirements for medicine and surgery licensure and when graduating from an unapproved allopathic school of medicine, an applicant for a medical license who attended a foreign school of medicine and successfully completed all the formal requirements to receive the degree of Doctor of Medicine (M.D.) except internship or social service, and is accordingly not eligible for certification by the Council, may be considered for licensure if they meet the following conditions:

1)   satisfactorily completes an approved Fifth Pathway Program of one academic year of supervised clinical training under the direction of an approved U.S. school of medicine; and

2)   successfully completes an approved 24-month internship, residency or clinical fellowship program upon completion of the Fifth Pathway Program.

A document granted by a foreign school of medicine signifying completion of all formal requirements for graduation from such foreign medical school except internship or social service training, or both, along with certification by the approved U.S. school of medicine of successful completion of the Fifth Pathway Program is deemed the equivalent of an M.D. for purposes of licensure and practicing as a physician in Arizona (A.R.S. § 32-1424).

Provisions

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 and the requirements for students graduating from an unapproved allopathic school of medicine. (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 all of 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)

9.   Defines an international medical graduate as an individual who meets all of the following requirements:

a)   is a U.S. citizen;

b)   has been granted a medical doctorate or a substantially similar degree by an international medical program of good standing;

c)   has completed a residency or substantially similar postgraduate medical training in the country where the individual was granted a medical doctorate or a substantially similar degree by an international medical program in good standing; and

d)   possesses basic fluency in the English language. (Sec. 1)

10.  Defines the following terms:

a)   health care provider;

b)   international medical program; and

c)   physician. (Sec. 1)

11.  Contains an effective date of January 1, 2024. (Sec. 2)

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15.                    SB 1285

16.  Initials AF/AG/KM Page 0 Appropriations

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