2017 -- H 5672

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LC001546

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

     Introduced By: Representatives Morgan, Chippendale, Giarrusso, Price, and Nardolillo

     Date Introduced: March 01, 2017

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-37 of the General Laws entitled "Board of Medical Licensure and

Discipline" is hereby amended by adding thereto the following section:

     5-37-2.2. Reciprocity.

     (a) When a person licensed to practice medicine and surgery or osteopathic medicine and

surgery by the licensing department of another state, a diplomate of the National Board of

Medical Examiners or the National Board of Examiners for Osteopathic Physicians and Surgeons,

or a licentiate of the Medical Council of Canada wishes to move to this state to practice, the

person shall file an application with the state medical licensure board. The board may, in its

discretion, by an affirmative vote of not less than seven (7) of its members, issue its certificate to

practice medicine and surgery or osteopathic medicine and surgery without requiring the

applicant to submit to examination, provided the applicant submits evidence satisfactory to the

board of meeting the same age, moral character, and educational requirements individuals must

meet under §5-37-2 and, if applicable, demonstrates proficiency in spoken English in accordance

with subsection (e) of this section.

     (b) The board shall issue or deny its certificate to practice within sixty (60) days after the

receipt of a complete application under subsection (a) of this section. Within thirty (30) days after

receipt of an application, the board shall provide the applicant with written notice of any

information required before an application can be considered complete for purposes of this

section.

     (c) If an applicant is under investigation pursuant to §5-37-4, the board shall conclude the

investigation within ninety (90) days of receipt of a complete application unless extended by

written consent of the applicant or unless the board determines that a substantial question of a

violation of this chapter or the rules adopted under it exists and the board has notified the

applicant in writing of the reasons for the continuation of the investigation. If the board

determines that the applicant is not in violation, it shall issue a certificate within forty-five (45)

days of that determination.

     (d) A fee of three hundred dollars ($300) shall be submitted with each application for

certification under this section.

     (e)(1) Except as provided in subsection (e)(2) of this section, an applicant licensed to

practice medicine and surgery or osteopathic medicine and surgery by the licensing department of

another state who received that license based in part on certification from the educational

commission for foreign medical graduates shall demonstrate proficiency in spoken English if the

applicant fulfilled the undergraduate requirements for a certificate issued under this section at an

institution outside the United States.

     (2) An applicant described in subsection (a)(1) of this section is not required to

demonstrate proficiency in spoken English if either of the following apply:

     (i) During the five (5) years immediately preceding the date of application, the applicant's

license has been unrestricted and the applicant has been actively practicing medicine and surgery

or osteopathic medicine and surgery in the United States.

     (ii) At the beginning of the five (5) year period preceding the date of application under

this section, the applicant was participating in graduate medical education, and since completing

that education has held an unrestricted license and has been actively practicing medicine and

surgery or osteopathic medicine and surgery in the United States.

      (iii) The applicant was required to demonstrate such proficiency as a condition of

receiving certification from the educational commission for foreign medical graduates.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - BOARD OF MEDICAL LICENSURE

AND DISCIPLINE

***

     This act would grant reciprocity to physicians licensed to practice medicine in other

states and foreign jurisdictions, upon the submission of an application to the board of medical

licensure and discipline, and the presentation of evidence that the physician seeking reciprocity

meets all of the requirements applicable to resident physicians.

     This act would take effect upon passage.

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