1 SB124
2 209374-2
3 By Senator Chesteen
4 RFD: Veterans and Military Affairs
5 First Read: 02-FEB-21
6 PFD: 01/29/2021
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1 SB124
2
3
4 ENROLLED, An Act,
5 Relating to the Board of Medical Examiners and the
6 Medical Licensure Commission; to amend Sections 34-24-60,
7 34-24-70, 34-24-297, 34-24-302, 34-24-337, and 34-24-361, Code
8 of Alabama 1975; to provide further for the confidentiality of
9 board meetings where confidential materials are discussed; to
10 update the names of accreditation organizations recognized by
11 the board; to further provide for the requirements for the
12 issuance of a certificate of qualification; and to add
13 Sections 34-24-70.1 and 34-24-301.1 to the Code of Alabama
14 1975, to establish qualifications and procedures for issuing
15 temporary certificates of qualification and licenses to
16 physicians and assistants to physician applicants who are
17 relocated or stationed in this state under official military
18 orders.
19 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
20 Section 1. Sections 34-24-60, 34-24-70, 34-24-297,
21 34-24-302, 34-24-337, and 34-24-361, of the Code of Alabama
22 1975, are amended to read as follows:
23 "34-24-60.
24 "(a) All reports of investigations; documents
25 subpoenaed by the board; reports of any investigative
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1 committee appointed by the board; memoranda of the board's
2 counsel relating to investigations; statements of persons
3 interviewed by the board or any committee of the board; all
4 information, interviews, reports, statements, or memoranda of
5 any kind furnished to the board or any committee of the board;
6 and any findings, conclusions, or recommendations resulting
7 from proceedings of the board or any committee of the board,
8 unless presented as evidence at a public hearing, shall be
9 privileged and confidential, shall be used only in the
10 exercise of the proper functions of the board, and shall not
11 be public records nor be available for court subpoena or for
12 discovery proceedings. Meetings of the board in which any of
13 the aforementioned items are received, reviewed, deliberated,
14 voted on, or acted on by the board shall be closed sessions,
15 and any report or recording of the meeting shall be privileged
16 and confidential.
17 "Nothing contained herein shall apply to records
18 made in the regular course of business of an individual;
19 documents or records otherwise available from original sources
20 are not to be construed as immune from discovery or use in any
21 civil proceedings merely because they were presented or
22 considered during the proceedings of the Board of Medical
23 Examiners or the Medical Licensure Commission.
24 "(b) The board may authorize the release of
25 investigative records and files to municipal, county, state,
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1 and federal law enforcement or regulatory agencies or
2 officials and to state and United States territorial medical
3 licensing agencies or officials.
4 "(c) Use of the materials and records in contested
5 cases before the Medical Licensure Commission or release of
6 records to law enforcement, regulatory, or medical licensing
7 agencies or officials shall not be deemed a waiver of
8 confidentiality or privilege established by this section.
9 "34-24-70.
10 "(a) The following constitute the requirements for
11 the issuance of a certificate of qualification for a license
12 to practice medicine in this state:
13 "(1) MEDICAL EDUCATION REQUIREMENT. All applicants
14 for a certificate of qualification shall present a diploma or
15 evidence of graduation from any of the following institutions:
16 "a. A college of medicine or school of medicine
17 accredited by the Liaison Committee on Medical Education of
18 the American Medical Association.
19 "b. A college of osteopathy accredited by the
20 American Osteopathic Association Commission on Osteopathic
21 College Accreditation.
22 "c. A college of medicine or school of medicine not
23 accredited by the Liaison Committee on Medical Education which
24 is approved by the Board of Medical Examiners. The board may,
25 within its discretion, may withhold approval of any college of
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1 medicine not designated in either paragraph a., or b., above
2 which:
3 "1. Has had its accreditation withdrawn by a
4 national or regional accreditation organization; or
5 "2. Has had its authorization, certification, or
6 licensure revoked or withdrawn by a national or regional
7 governmental supervisory agency; or
8 "3. Has been denied approval or has had its approval
9 withdrawn by any national, state, or territorial licensing
10 jurisdiction based upon an evaluation of the college of
11 medicine or upon a finding of misconduct by the college; or
12 "4. The board has determined, has Has engaged in
13 fraudulent, criminal, or other practices which are
14 inconsistent with quality medical education, as determined by
15 the board.
16 "(2) POSTGRADUATE EDUCATION REQUIREMENT.
17 "1.a. Applicants for a certificate of qualification
18 who graduated from a college of medicine accredited by the
19 Liaison Committee on Medical Education of the American Medical
20 Association or a college of osteopathy accredited by the
21 American Osteopathic Association Commission on Osteopathic
22 College Accreditation shall present evidence satisfactory to
23 the board that the applicant has completed one year of
24 postgraduate or residency training in any of the following
25 programs:
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1 "a.1. A program listed in the directory of approved
2 residency training programs published accredited by the
3 American Medical Association Accreditation Council for
4 Graduate Medical Education.
5 "b.2. A program accredited by the American
6 Osteopathic Association.
7 "c.3. A program accredited by the Accreditation
8 Committee of the Royal College of Physicians and Surgeons of
9 Canada.
10 "d.4. A program accredited by the College of Family
11 Physicians of Canada.
12 "2.b. All other applicants for a certificate of
13 qualification who graduated from a college of medicine not
14 accredited by the Liaison Committee on Medical Education of
15 the American Medical Association or a college of osteopathy
16 not accredited by the American Osteopathic Association
17 Commission on Osteopathic College Accreditation shall present
18 evidence satisfactory to the board that the applicant has
19 completed three years of postgraduate or residency training in
20 any of the following programs:
21 "a.1. A program listed in the directory of approved
22 residency training programs published accredited by the
23 American Medical Association Accreditation Council for
24 Graduate Medical Education.
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1 "b.2. A program accredited by the American
2 Osteopathic Association Commission on Osteopathic College
3 Accreditation.
4 "c.3. A program accredited by the Accreditation
5 Committee of the Royal College of Physicians and Surgeons of
6 Canada.
7 "d.4. A program accredited by the College of Family
8 Physicians of Canada.
9 "(3) EXAMINATION REQUIREMENTS. Applicants for a
10 certificate of qualification shall achieve a passing score as
11 determined by the Board of Medical Examiners on any on one of
12 the licensure examinations listed below. The minimum passing
13 score, maximum number of attempts, and period of time within
14 which all portions of the examination must be completed may be
15 determined by rule of the Board of Medical Examiners. The
16 following examinations shall satisfy this requirement:
17 "a. The United States Medical Licensing Examination.
18 "1.(i) Applicants who are not dual degree candidates
19 as specified in subparagraph (3)a.2. below shall have achieved
20 a passing score on Step 3 in not more than three
21 administrations, except that the board may approve one
22 additional attempt to pass Step 3 after demonstration by the
23 applicant of additional educational experience acceptable to
24 the board. Applicants who are not dual degree candidates shall
25 have passed Steps 1, 2, and 3 within a seven-year period and
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1 shall not have attempted to pass Steps 1, 2, and 3 a combined
2 total of more than 10 times.
3 "(ii) Applicants who are not dual degree candidates
4 as specified in subparagraph (3)a.2. below and who are
5 currently board certified by one or more of the specialty
6 boards recognized by the American Board of Medical Specialties
7 or the American Osteopathic Association shall not be required
8 to pass Steps 1, 2, and 3 in the time period as set forth in
9 subparagraph (3)a.1.(i) above, however, these applicants shall
10 still be limited to a combined total of 10 attempts to pass
11 Steps 1, 2, and 3 as set forth in subparagraph (3)a.1.(i)
12 above.
13 "2. Applicants who are dual degree candidates,
14 pursuing the M.D. or D.O. degree and the Ph.D degree in a
15 field of biological sciences approved by the board in its
16 rules, shall have achieved a passing score on Step 3 in not
17 more than three administrations, except that the board may
18 approve one additional attempt to pass Step 3 after
19 demonstration by the applicant of additional educational
20 experience acceptable to the board. Applicants who are dual
21 degree candidates shall have completed Steps 1, 2, and 3
22 within a 10-year period except that the board may approve,
23 within its discretion and at the request of the applicant, a
24 longer period not to exceed 15 years. The time period for
25 completion of Steps 1, 2, and 3 begins when the applicant
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1 initially passes his or her first step. The board shall not
2 accept scores from a reexamination of a previously passed step
3 of the USMLE.
4 "b. The Federation Licensing Examination.
5 "c. The National Board of Medical Examiners
6 Examination.
7 "d.b. The Comprehensive Osteopathic Medical
8 Licensing Examination or its predecessor examination
9 administered by the National Board of Osteopathic Medical
10 Examiners Examination or its successor examination.
11 "e.c. The Licensing Licentiate of the Medical
12 Council of Canada Examination.
13 "f. Any other examination which is currently
14 approved or which may later be approved by the Board of
15 Medical Examiners and which examines in the following branches
16 of medical learning: General medicine, surgery, obstetrics,
17 gynecology, preventive medicine, jurisprudence, and any other
18 branches as the board may require.
19 "g. Beginning January 1, 2000, the following
20 requirements shall apply:
21 "1. All applicants for initial licensure by
22 examination shall achieve a passing score, as determined by
23 the Board of Medical Examiners, on the United States Medical
24 Licensing Examination or the National Board of Osteopathic
25 Medical Examiners Examination or its successor examination.
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1 "2. Applicants d. If the examination was completed
2 before January 1, 2000, applicants by endorsement who are
3 licensed in another state, the District of Columbia, a
4 territory of the United States, or a province of Canada who
5 completed any one of the licensing examinations listed above
6 prior to January 1, 2000, are eligible for licensure upon
7 proof of a passing score of such examination. on one of the
8 following examinations:
9 "1. The Federation Licensing Examination.
10 "2. The National Board of Medical Examiners
11 Examination.
12 "3. Applicants by endorsement licensed in another
13 state or the District of Columbia, or a territory of the
14 United States, or a province of Canada whose licensing
15 examination was completed after January 1, 2000, shall achieve
16 a passing score, as determined by the Board of Medical
17 Examiners, on the United States Medical Licensing Examination
18 or the National Board of Osteopathic Medical Examiners
19 Examination or its successor examination.
20 "4.e. The board may establish by regulation rule
21 acceptable combinations of the Federation Licensing
22 Examination, National Board of Medical Examiners Examination,
23 and/or United States Medical Licensing Examination through
24 January 1, 2000, in satisfaction of the examination
25 requirement for a certificate of qualification.
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1 "(4) APPLICATION AND EXAMINATION FEE REQUIREMENT.
2 Payment in advance to the board of the required application
3 fee or examination fee, or both, in amounts as an amount
4 established in the regulations rules of the board. This fee is
5 not refundable once payment is received by the board.
6 "(5) CRIMINAL HISTORY BACKGROUND CHECK. In addition
7 to other requirements established by law and for the purpose
8 of determining an applicant's suitability for a certificate of
9 qualification for a license to practice medicine, each
10 applicant shall submit to a criminal history background check.
11 Each applicant shall submit a complete set of fingerprints to
12 the State Board of Medical Examiners, or any channeler
13 approved by the board. The board, or its channeler, shall
14 submit the fingerprints provided by each applicant for a
15 certificate of qualification for a license to practice
16 medicine to the Alabama State Bureau of Investigation (ABI)
17 (SBI). The fingerprints shall be forwarded by the ABI SBI to
18 the Federal Bureau of Investigation (FBI) for a national
19 criminal history record check. Costs associated with
20 conducting a criminal history background check shall be borne
21 by the applicant and are payable directly to the board, or its
22 designee. The State Board of Medical Examiners shall keep
23 information received pursuant to this section confidential,
24 except that such information received and relied upon in
25 denying the issuance of a certificate of qualification for a
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1 license to practice medicine in this state may be disclosed as
2 may be necessary to support the denial.
3 "(6) ADDITIONAL REQUIREMENTS FOR EXAMINATION FOR
4 CERTAIN APPLICANTS.
5 "a. All applicants who have not passed a written
6 state licensing examination, the examination given by the
7 National Board of Medical Examiners, the United States Medical
8 Licensing Examination, the National Board of Osteopathic
9 Medical Examiners Examination, the examination given by the
10 Comprehensive Osteopathic Medical Licensing Examination, the
11 Licensing Licentiate of the Medical Council of Canada
12 Examination, or the Special Purpose Examination, or the
13 Federation Licensing Examination within 10 years immediately
14 preceding the date of the application shall either:
15 "1. Achieve a passing score on the Special Purpose
16 Examination.
17 "2. Be certified by or achieve a passing score on a
18 recertification examination given by one of the specialty
19 boards approved by the American Board of Medical Specialties
20 or one of the specialty boards approved by the American
21 Osteopathic Association within 10 years immediately preceding
22 the date of the application. This requirement may be satisfied
23 by active participation by the applicant in a maintenance of
24 certification program, established by one of the specialty
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1 boards approved pursuant to this subparagraph, for a period of
2 at least one year before submission of the application.
3 "b. All applicants who graduated from a college of
4 medicine not accredited by the Liaison Committee of Medical
5 Education or the American Osteopathic Association Commission
6 on Osteopathic College Accreditation shall achieve a
7 certification given by the Education Council for Foreign
8 Medical Graduates.
9 "(b) Administration of examinations by the board.
10 "(1) Applicants for a certificate of qualification
11 who are applying for initial licensure in the State of
12 Alabama, and who meet all qualifications for administration of
13 Step 3 of the United States Medical Licensing Examination are
14 eligible to take the United States Medical Licensing
15 Examination in Alabama.
16 "(2) The following individuals are eligible to take
17 the Special Purpose Examination in Alabama:
18 "a. App