Bill Text: MI HB5613 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Health occupations: physicians; license to engage in the practice of medicine for international medical school graduates; provide for under certain circumstances. Amends secs. 17012 & 17031 of 1978 PA 368 (MCL 333.17012 & 333.17031) & adds sec. 17012a. TIE BAR WITH: HB 5612'24
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-21 - Bill Electronically Reproduced 03/20/2024 [HB5613 Detail]
Download: Michigan-2023-HB5613-Introduced.html
HOUSE BILL NO. 5613
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 17012 and 17031 (MCL 333.17012 and 333.17031), section 17031 as amended by 2018 PA 463, and by adding section 17012a.
the people of the state of michigan enact:
Sec. 17012. (1) An individual shall not engage in postgraduate medical study which requires the practice of medicine by that individual without a full, or limited, or temporary license to practice under this part.
(2) A An individual who is granted a limited license for a postgraduate shall require that the individual confine his or her for a postgraduate education residency program approved by the board shall confine the individual's practice and training to a hospital or institution approved by the board for the training. The hospital or institution is responsible for the training. A limited license for a postgraduate education residency program that is granted under this subsection is renewable for not more than 5 years.
Sec. 17012a. (1) The board may grant a temporary license to engage in the practice of medicine to an applicant if the applicant demonstrates all of the following to the board:
(a) The applicant has completed the requirements for a degree in medicine at a medical school that is located outside the United States or Canada and that is recognized by the World Health Organization or an equivalent organization as determined by the board.
(b) The applicant was authorized to practice medicine in a country other than the United States or Canada and practiced medicine in that country for not less than 1 year.
(c) The applicant has a certification issued by the Educational Commission for Foreign Medical Graduates or an equivalent certification as determined by the board. The board may waive the certification requirement described in this subdivision if the applicant demonstrates to the satisfaction of the board that the applicant is unable to obtain the required documentation from a noncooperating country.
(d) The applicant has successfully completed step 1 and step 2 of the United States Medical Licensing Examination or an equivalent medical licensure examination as determined by the board.
(e) Subject to subsection (2), the applicant has entered into an agreement with a participating facility for full-time employment under the supervision of a physician who is fully licensed under this part.
(f) The applicant meets any other requirement established by the board.
(2) The agreement required under subsection (1) must require the participating facility to assess and evaluate the applicant's nonclinical skills and other skills that the board considers appropriate to the practice of medicine in this state, according to evaluation criteria developed or approved by the board. An applicant seeking a temporary license under this section shall obtain a temporary license before beginning the supervised employment experience. A temporary license granted under this section is valid for 2 years and is renewable only once.
(3) The board may grant a limited license to engage in the practice of medicine to an applicant who holds a temporary license under subsection (1) if the applicant demonstrates all of the following to the board:
(a) The applicant has held the temporary license for 2 years.
(b) The applicant has successfully completed step 3 of the United States Medical Licensing Examination or an equivalent medical licensure examination as determined by the board.
(c) The applicant has the nonclinical and other skills that the board considers appropriate to the practice of medicine in this state, based on a participating facility's assessment and evaluation of the applicant under subsection (2).
(4) An individual who is granted a limited license under subsection (3) may engage in the practice of medicine without the supervision of a physician who is fully licensed under this part, but the individual shall confine the individual's practice to a medically underserved area of this state that is designated by the board. A limited license that is granted under this section is valid for 2 years and is renewable only once.
(5) As used in this section, "participating facility" means a federally qualified health center, a hospital licensed under article 17, or another facility that is approved by the board.
Sec. 17031. (1) Except as provided in subsection (2), an applicant, in addition to completing the requirements for the degree in medicine, shall complete a period of postgraduate education to attain proficiency in the practice of the profession, as prescribed by the board in rules, as a condition for more than limited or temporary licensure.
(2) The board may grant a full license to practice medicine to an applicant who has completed the requirements for a degree in medicine at a medical school located outside the United States or Canada if, except as provided in subsection (4), the applicant demonstrates to the board all 1 of the following:
(a) That the applicant has met all of the following:
(i) The applicant has engaged in the practice of medicine for not less than 10 years after completing the requirements for a degree in medicine.
(ii) (b) That the The applicant has completed not less than 3 years of postgraduate clinical training in an institution that has an affiliation with a medical school that is listed in a directory of medical schools published by the World Health Organization as approved by the board.
(iii) (c) That the The applicant has achieved a score determined by the board to be a passing score on an initial medical licensure examination approved by the board.
(iv) (d) That the The applicant has safely and competently practiced medicine under a clinical academic limited license granted by the board under this article for 1 or more academic institutions located in this state for not less than the 2 years immediately preceding the date of application for a license under this subsection, subdivision, during which time the applicant functioned not less than 800 hours per year in the observation and treatment of patients.
(b) That the applicant has safely and competently practiced medicine under a limited license granted under section 17012a for not less than 2 years immediately preceding the date of the application for a license under this subdivision.
(3) An applicant who is required to meet the requirements of subsection (2)(d) (2)(a)(iv) shall file with the board a written statement from each academic institution upon which the applicant relies to satisfy that subsection. The statement shall must indicate, at a minimum, that the applicant functioned for the academic institution in the observation and treatment of patients not less than 800 hours per year and that in so doing the applicant practiced medicine safely and competently. A person who in good faith makes a written statement that is filed under this subsection is not civilly or criminally liable for that statement. There is a rebuttable presumption that a person who makes a written statement that is filed under this subsection has done so in good faith.
(4) Subsection (2)(c) and (d) (2)(a)(iii) and (iv) do not apply to an applicant who was granted a clinical academic limited license after January 1, 2011 but before January 1, 2017 and who has continuously held a license to practice medicine from the effective date of the amendatory act that added this subsection March 27, 2019 through the date of application for a full license under subsection (2).(2)(a).
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5612 (request no. 05026'23) of the 102nd Legislature is enacted into law.
