H. B. 4484
(By Mr. Speaker, Mr. Kiss, and Delegates
Cann, Varner,
Stemple and Beach)
[Introduced February 16, 2004; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §30-3-11a of the code of West Virginia,
1931, as amended, relating to allowing the board of medicine
to issue a limited
license to practice medicine and surgery
without examination to an individual appointed to a West
Virginia medical school faculty who holds a valid license to
practice medicine and surgery from another country under
certain circumstances
.
Be it enacted by the Legislature of West Virginia:
That §30-3-11a of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-11a. Endorsement of licenses to practice medicine and
surgery as medical school faculty.
(a) The board shall issue a limited license to practice
medicine and surgery without examination to an individual appointed to a West Virginia medical school faculty who holds a valid license
to practice medicine and surgery from another state, the District
of Columbia, the Commonwealth of Puerto Rico, or Canada or other
country the board determines has substantially equivalent
requirements for licensure as those jurisdictions, and who has
completed the application form prescribed by the board, remitted a
nonrefundable application fee in the amount of one hundred fifty
dollars and who presents satisfactory proof to the board that:
(1) He or she is of good moral and professional character;
(2) He or she is physically and mentally capable of engaging
in the practice of medicine and surgery;
(3) He or she is able to communicate in English;
(4) He or she is a graduate of a school of medicine which is
approved by the liaison committee on medical education or by the
World Health Organization or by the board with the degree of doctor
of medicine or its equivalent;
(5) He or she has successfully completed one year of approved
graduate clinical training or a fellowship of at least one year, or
has received training which the board determines to be equivalent
to or exceeds the one year graduate clinical training or fellowship
requirement;
(6) He or she has not committed any act in this or any other
jurisdiction which would constitute the basis for disciplining a
physician under section fourteen of this article; and
(7) He or she has been offered and has accepted a faculty
appointment to teach in a medical school in this state.
(b) The board shall investigate the applicant and may request
a personal interview to review the applicant's qualifications and
professional credentials.
(c) The medical practice of a physician licensed under this
section is limited to the medical center of the medical school to
which the physician has been appointed to the faculty.
(d) A limited license issued under this section is valid for
a term of one year. No limited license issued pursuant to this
section may be renewed.
(e) Before the limited license has expired, a physician
licensed under this section may apply for a license to practice
medicine and surgery in West Virginia pursuant to the provisions of
section twelve of this article: Provided, That any license granted
by the board pursuant to this subsection, retains the practice
limitations set out in subsection (c) of this section.
(f) Any license issued under this section will automatically
expire and be void, without notice to the physician, when the
physician's faculty appointment is terminated. The dean of the
medical school shall notify the board within five days of the
termination of a faculty appointment of a physician licensed
pursuant to this section.
(g) A physician licensed under this section must keep all medical licenses issued by other jurisdictions in good standing and
must notify the board, within fifteen days of its occurrence, of
any denial, suspension or revocation of or any limitation placed on
a medical license issued by another jurisdiction.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.