Arizona SB 1108: international medical licensees; provisional licensure

Bill Text

Fifty-seventh Legislature Health & Human Services
First Regular Session S.B. 1108

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1108
(Reference to Senate engrossed bill)

The bill as proposed to be amended is reprinted as follows: 1
Section 1. Title 32, chapter 13, article 2, Arizona Revised 2
Statutes, is amended by adding section 32-1440, to read: 3
32-1440. International medical licensees; provisional 4
licensure; fees; renewal; rules; conversion to 5
full licensure; disciplinary actions; report; 6
definitions 7
A. NOTWITHSTANDING ANY OTHER LAW, THE BOARD MAY GRANT A PROVISIONAL 8
LICENSE TO ENGAGE IN THE PRACTICE OF MEDICINE IN THIS STATE TO ANY 9
INTERNATIONAL MEDICAL LICENSEE WHO MEETS ALL OF THE FOLLOWING: 10
1. HAS AN OFFER FOR EMPLOYMENT AS A PHYSICIAN AT ANY HEALTH CARE 11
PROVIDER THAT OPERATES IN A COUNTY WITH A POPULATION OF LESS THAN ONE 12
MILLION PERSONS. 13
2. HAS A FEDERAL IMMIGRATION STATUS THAT ALLOWS THE PERSON TO WORK 14
AS A PHYSICIAN IN THE UNITED STATES. 15
3. MEETS THE REQUIREMENTS FOR LICENSURE PRESCRIBED IN EITHER: 16
(a) SECTION 32-1422, EXCEPT FOR SECTION 32-1422, SUBSECTION A, 17
PARAGRAPH 2, AND, IF APPLICABLE, SECTION 32-1423, PARAGRAPHS 1 AND 2. THE 18
BOARD'S INABILITY TO OBTAIN RECORDS PURSUANT TO SECTION 32-1422, 19
SUBSECTION A, PARAGRAPH 4 MAY NOT BE USED AS THE SOLE PURPOSE FOR 20
LICENSURE DENIAL. 21
(b) SECTION 32-1822, EXCEPT FOR SECTION 32-1822, SUBSECTION A, 22
PARAGRAPHS 3 AND 4. 23
B. THE BOARD BY RULE MAY ESTABLISH LICENSING AND RENEWAL FEES FOR 24
PROVISIONAL LICENSEES. A PROVISIONAL LICENSE SHALL BE RENEWED ANNUALLY. 25
C. EACH PROVISIONAL LICENSEE SHALL DO BOTH OF THE FOLLOWING: 26
1. WHILE LICENSED PURSUANT TO THIS SECTION, WORK UNDER THE 27
SUPERVISION OF A PHYSICIAN WHO IS LICENSED PURSUANT TO CHAPTER 13 OR 17 OF 28
Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or
previously enacted session law.
[Green underlining in brackets] indicates text added to new session law
or text restoring existing law.
[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute
or previously enacted session law.
[Green strikeout in brackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green strikeout in carets>> indicates a section removed from the bill.

House Amendments to S.B. 1108

- 2 -
THIS TITLE. THE BOARD SHALL ADOPT RULES RELATING TO THIS SUPERVISION 1
REQUIREMENT, INCLUDING REQUIREMENTS FOR PROVISIONAL LICENSEES TO SUBMIT 2
THE SUPERVISION AGREEMENT TO THE BOARD, TO REPORT TO THE BOARD AND TO 3
OBTAIN MEDICAL MALPRACTICE LIABILITY INSURANCE AND REQUIREMENTS REGARDING 4
HEALTH INSURANCE COVERAGE AND PROCEDURES FOR FAILING TO ADHERE TO THE 5
TERMS OF THE SUPERVISION AGREEMENT. 6
2. COMPLY WITH THE CONTINUING EDUCATION REQUIREMENTS REQUIRED UNDER 7
THIS CHAPTER AND THE RULES ADOPTED PURSUANT TO THIS CHAPTER. 8
D. THE PROVISIONAL LICENSEE'S EMPLOYER SHALL NOTIFY THE BOARD IF 9
THE PROVISIONAL LICENSEE IS TERMINATED OR LEAVES EMPLOYMENT FOR ANY 10
REASON. WITHIN FIVE DAYS AFTER RECEIVING THE NOTIFICATION FROM THE 11
EMPLOYER, THE BOARD SHALL TERMINATE THE PROVISIONAL LICENSE UNLESS THE 12
INTERNATIONAL MEDICAL LICENSEE NOTIFIES THE BOARD THAT THE INTERNATIONAL 13
MEDICAL LICENSEE IS WORKING FOR ANOTHER EMPLOYER IN A COUNTY WITH A 14
POPULATION OF LESS THAN ONE MILLION PERSONS AND THE NEW EMPLOYER NOTIFIES 15
THE BOARD THAT THE INTERNATIONAL MEDICAL LICENSEE HAS ACCEPTED AN OFFER OF 16
EMPLOYMENT. THE NEW EMPLOYER SHALL COMPLY WITH BOARD RULES RELATED TO 17
ISSUING A NEW SUPERVISION AGREEMENT. 18
E. THE EMPLOYER OF A PROVISIONAL LICENSEE MAY REQUIRE THE 19
PROVISIONAL LICENSEE TO TAKE A COMPETENCY TEST AT ANYTIME DURING 20
EMPLOYMENT. 21
F. THE BOARD MAY DISCIPLINE A PROVISIONAL LICENSEE OR REVOKE A 22
PROVISIONAL LICENSE GRANTED PURSUANT TO THIS SECTION BASED ON CLEAR AND 23
CONVINCING EVIDENCE, EXCEPT FOR DISCIPLINARY MATTERS BROUGHT PURSUANT TO 24
SECTION 32-1401, PARAGRAPH 27, SUBDIVISION (aa), AFTER AN INVESTIGATION 25
CONDUCTED PURSUANT TO SECTION 32-1451. AN INTERNATIONAL MEDICAL LICENSEE 26
MAY APPEAL THE REVOCATION OF THE PROVISIONAL LICENSE TO THE SUPERIOR COURT 27
IN MARICOPA COUNTY PURSUANT TO TITLE 12, CHAPTER 7, ARTICLE 6. THE COURT 28
SHALL REINSTATE THE PROVISIONAL LICENSE IF THE COURT FINDS THAT THE 29
BOARD'S ACTIONS DID NOT MEET THE STANDARDS PRESCRIBED IN THIS SUBSECTION. 30
G. A PROVISIONAL LICENSE SHALL AUTOMATICALLY BE CONVERTED TO A FULL 31
LICENSE TO PRACTICE MEDICINE IN THIS STATE AFTER FOUR YEARS IF ALL OF THE 32
FOLLOWING ARE MET: 33
1. THE PROVISIONAL LICENSEE ENGAGES IN THE PRACTICE OF MEDICINE IN 34
THIS STATE FOR FOUR YEARS IN A COUNTY WITH A POPULATION OF LESS THAN ONE 35
MILLION PERSONS. 36
2. THE PROVISIONAL LICENSEE IS NOT DISCIPLINED BY THE BOARD DURING 37
THAT FOUR-YEAR PERIOD OF THE PROVISIONAL LICENSE. 38
3. THE SUPERVISING PHYSICIAN WITH WHOM THE PROVISIONAL LIC