Bill Text: AZ SB1249 | 2023 | Fifty-sixth Legislature 1st Regular | Engrossed

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Bill Title: Medical licensing; study committee

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-03-27 - House HHS Committee action: Failed To Pass, voting: (4-5-0-0-0-0) [SB1249 Detail]

Download: Arizona-2023-SB1249-Engrossed.html

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Senate Engrossed

 

international medical graduates; licensure.

(now: medical licensing; study committee)

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

SENATE BILL 1249

 

 

 

An Act

 

amending title 32, chapter 13, article 2, Arizona Revised Statutes, by adding section 32-1440; relating to medical licensure.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 32, chapter 13, article 2, Arizona Revised Statutes, is amended by adding section 32-1440, to read:

START_STATUTE32-1440. International medical graduates; provisional licensure; disciplinary actions; revocation; definitions

A. Notwithstanding any other law, the board shall grant a provisional license to engage in the practice of medicine in this state to any international medical graduate who has an offer for employment as a physician at any health care provider that operates in this state and who meets the requirements for licensure prescribed in section 32-1422 and section 32-1423, paragraphs 1 and 2.

B. The board may discipline a licensee or revoke a provisional license granted pursuant to this section based on clear and compelling evidence after an investigation conducted pursuant to section 32-1451. A provisional licensee may appeal the revocation of the provisional license to the superior court in Maricopa county pursuant to title 12, chapter 7, article 6 within one hundred twenty days after the decision of the board revoking the provisional license. The court shall reinstate the provisional license if the court finds that the board's actions did not meet the standards prescribed in this subsection.

C. A provisional license shall automatically be converted into a full license to practice medicine in this state after three years unless the board DISCIPLINES the licensee in that three-year period of the provisional license.

D. This section does not require the board to license an international medical graduate who does not provide all of the following:

1. Evidence of substantially similar medical training as that required by this state.

2. Evidence of satisfactory passage of exams.

3. A complete license application.

4. Payment of all required licensing fees.

E. The board may require an applicant international medical graduate to submit any necessary supporting application materials so that the board may properly evaluate the applicant for licensure.

F. The board may 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.

G. for the purposes of this section:

1. "Health care provider":

(a) Means an individual, entity, corporation, person or organization, whether for-profit or nonprofit, that furnishes, bills for or is paid for health care procedures or service delivery in the normal course of business.

(b) Includes health systems, hospitals, hospital-based facilities, freestanding emergency facilities and urgent care clinics.

2. "International medical graduate" means an individual who meets all of the following requirements:

(a) Is a citizen of the United States.

(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.

(d) Possesses basic fluency in the English language.

3. "International medical program" means any medical school, residency program, medical internship program or entity that provides physicians with a medical education or training outside of the United States and that is substantially similar to that required to practice as a physician in this state.

4. "Physician" means an individual who has obtained a medical doctorate or a substantially similar degree and who has completed a residency program or substantially similar postgraduate medical training. END_STATUTE

Sec. 2. Study committee on physician shortages; membership; duties; report; delayed repeal

A. The study committee on physician shortages is established consisting of the following members:

1. One member of the majority party in the senate who is appointed by the president of the senate and who serves as cochairperson of the study committee.

2. One member of the minority party in the senate who is appointed by the president of the senate.

3. One member of the majority party in the house of representatives who is appointed by the speaker of the house of representatives and who serves as cochairperson of the study committee.

4. One member of the minority party in the house of representatives who is appointed by the speaker of the house of representatives.

5. The director of the department of health services or the director's designee.

6. A representative from a statewide association that primarily represents physicians and that engages in health care policy who is appointed by the president of the senate. 

7. Two representatives from two different organizations that represent hospitals in this state, one of whom is appointed by the president of the senate and one of whom is appointed by the speaker of the house of representatives.

8. A representative of a public university with a medical school in this state who is appointed by the president of the senate.

9. A representative of a private university with a medical school in this state who is appointed by the speaker of the house of representatives.

10. One resident physician practicing in this state who attended medical school outside the United States and who is appointed by the speaker of the house of representatives.

11. One licensed practicing primary care physician who practices in a county with a population of less than one hundred thousand persons and who is appointed by the president of the senate. 

12. Two representatives from nonprofit advocacy organizations that engage in health care policy and have an interest in addressing the physician shortage.  These members shall be appointed by the speaker of the house of representatives.

13. A representative from a tribal government that is facing a physician shortage who is appointed by the president of the senate.

14. A representative from this state's immigrant or refugee community that understands the skills immigrants and refugees bring to this country and the barriers those individuals face to use their training.  This member shall be appointed by the speaker of the house of representatives.

15. An Arizona licensed physician who was previously licensed in a foreign country and then enrolled in a residency program in the United States in order to be licensed in this state.  This member shall be appointed by the president of the senate.

16. The executive director of the Arizona medical board or the executive director's designee.

17. One representative of an organization that seeks to eliminate employment barriers and advance the skills for immigrant professionals.  This member shall be appointed by the president of the senate. 

B. The study committee shall research and make recommendations for addressing the physician shortage in this state, with a particular emphasis on how to encourage more physicians to practice in rural areas and low-income communities and in primary care practice.  The study committee shall 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 this state.  The study committee shall prioritize increasing health care access in rural areas and low-income communities while maintaining public health and safety when making its recommendations. 

C. The study committee shall consult with the following national organizations to solicit their input on any preliminary recommendations:

1. The federation of state medical boards.

2. The accreditation council for graduate medical education.

3. The educational commission for foreign medical graduates.

D. The study committee shall meet as frequently as the cochairpersons deem necessary and may hold hearings and take testimony from stakeholders in fulfilling its responsibilities. All study committee hearings shall be open to the public.

E. Study committee members are not eligible to receive compensation, but members are eligible for reimbursement of expenses under title 38, chapter 4, article 2, Arizona Revised Statutes.

F. On or before December 1, 2024, the study committee shall submit a report regarding its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state. 

G. This section is repealed from and after December 31, 2024.

Sec. 3. Effective date

Section 32-1440, Arizona Revised Statutes, as added by this act, is effective from and after December 31, 2023.