HOUSE BILL NO. 3352 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE STINNETT.
7226H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 334.046, RSMo, and to enact in lieu thereof two new sections relating to physician licensure.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 334.046, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 334.046 and 334.048, to read as follows: 334.046. 1. Notwithstanding any other provisions of law to the contrary, the board 2 may grant a temporary license to any otherwise qualified physician to teach or lecture and 3 provide patient care services related thereto in a program sponsored by an accredited 4 medical school in the state of Missouri or any accredited hospital. The temporary license 5 shall not extend beyond twelve months from the date of its issuance and shall terminate 6 automatically. To be granted a temporary license pursuant to this section, a physician shall 7 meet all requirements for permanent licensure in the state of Missouri, including those 8 imposed by rule and regulation; except that, the board may recognize and take into account 9 the credentials of a physician licensed in other states or in foreign countries. Nothing 10 contained in this section shall be construed so as to permit the issuance of a temporary license 11 for locum tenens or other itinerant practices of the healing arts. 12 2. Within guidelines established by rule and regulation, the board may authorize an 13 intern or a resident who is otherwise properly enrolled and duly licensed to participate in a 14 program of graduate medical or osteopathic education in an accredited program in a 15 contiguous state, to act as an intern or resident in this state; provided, that such activity is a 16 recognized part of the educational experience offered by that program.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3352 2
17 3. Notwithstanding any other provision of law to the contrary, the board may waive 18 the provisions of sections 334.035 and 334.040, but not section 334.031, and grant a 19 permanent license to practice as a physician and surgeon to the holder of a temporary license 20 issued pursuant to this section. The board shall not grant a waiver pursuant to this section 21 unless and until the applicant has held a temporary license for a minimum of twelve months 22 preceding the date of application and complies with all requirements the board may impose 23 by rule or regulation. An applicant for a permanent license pursuant to this section shall 24 present evidence to the board that the applicant holds a certificate of licensure in any state or 25 territory of the United States, of the District of Columbia or in a foreign country, authorizing 26 the applicant to practice in the same manner and to the same extent as physicians and 27 surgeons are authorized to practice by this chapter. 28 4. Before granting a waiver pursuant to this section, the board may require the 29 applicant to achieve a passing score on the federation portion of the state medical board's 30 special purpose examination (SPEX). 31 5. If the board grants a waiver pursuant to this section, then the license issued to the 32 applicant may be limited or restricted to the applicant's board specialty. 33 6. The board may not grant a waiver pursuant to this section to any applicant who has 34 failed to achieve a passing score within three attempts on licensing examinations 35 administered in one or more states or territories of the United States, the District of 36 Columbia or in any foreign country. 37 7. Any waiver granted by the board pursuant to this section, or pursuant to section 38 334.040, shall be granted in the sole discretion of the board. A refusal by the board to grant 39 such a waiver shall not be appealable to the administrative hearing commission or circuit 40 court. 334.048. 1. Notwithstanding any other provision of law to the contrary, the 2 board may grant a transitional license to any physician sponsored by an accredited 3 medical school in this state. A transitional license may be granted to a physician who: 4 (1) Has practiced for at least two years in this state or another state and is 5 otherwise in good standing but has let his or her license lapse for a period of no more 6 than ten years. A physician applying for a transitional license under the provisions of 7 this subdivision shall not have had his or her license suspended or revoked or otherwise 8 have had any disciplinary action taken against him or her for any reason; or 9 (2) Has practiced for at least two years in a foreign country as a licensed 10 physician in good standing and who is certified by the Educational Commission for 11 Foreign Medical Graduates (ECFMG). A physician applying for a transitional license 12 under the provisions of this subdivision shall have the sponsoring accredited medical 13 school verify and attest that the physician has completed at least three years of HB 3352 3
14 postgraduate training in a country whose requirements are substantially similar to or 15 greater than those of this state. 16 2. The transitional license shall not extend more than three years from the date 17 of its issuance and shall terminate automatically. To be granted a transitional license 18 under this section, a physician shall meet all requirements for permanent licensure in 19 this state, including those imposed by rule and regulation, except that the board may 20 waive certain requirements according to the provisions of this section. Nothing 21 contained in this section shall be construed to permit the issuance of a transitional 22 license for locum tenens or other itinerant practices of the healing arts. 23 3. Notwithstanding any other provision of law to the contrary, the board may 24 waive the provisions of sections 334.035 and 334.040, but not section 334.031, and grant 25 a permanent license to practice as a physician and surgeon to the holder of a transitional 26 license issued under this section. The board shall not grant a waiver under this section 27 unless and until the applicant has held a transitional license for a minimum of three 28 years preceding the date of application, has been employed by a sponsoring accredited 29 medical school for at least three years, and complies with all requirements the board 30 may impose by rule or regulation. An applicant for a permanent license under this 31 section shall present evidence to the board that the applicant holds a certificate of 32 licensure in any state or territory of the United States or the District of Columbia, or in 33 a foreign country, authorizing the applicant to practice in the same manner and to the 34 same extent as physicians and surgeons are authorized to practice by this chapter. 35 4. Before granting a waiver under this section, the board may require the 36 applicant to achieve a passing score on the Federation of State Medical Boards' Special 37 Purpose Examination (SPEX). 38 5. If the board grants a waiver under this section, the license issued to the 39 applicant may be limited or restricted to the applicant's board specialty. 40 6. The board shall not grant a waiver under this section to any applicant who has 41 failed to achieve a passing score within three attempts on licensing examinations 42 administered in one or more states or territories of the United States or the District of 43 Columbia or in any foreign country. 44 7. Any waiver granted by the board under this section, or under section 334.040, 45 shall be granted in the sole discretion of the board. A refusal by the board to grant such 46 a waiver shall not be appealable to the administrative hearing commission or circuit 47 court. ✔
Statutes affected: