58-68-302 - Qualifications for licensure.
58-68-302. Qualifications for licensure.
(1) An applicant for licensure as an osteopathic physician and surgeon, except as set forthin Subsection (2) or (3), shall:
(a) submit an application in a form prescribed by the division, which may include:
(i) submissions by the applicant of information maintained by practitioner data banks, asdesignated by division rule, with respect to the applicant; and
(ii) a record of professional liability claims made against the applicant and settlementspaid by or on behalf of the applicant;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) be of good moral character;
(d) provide satisfactory documentation of having successfully completed a program ofprofessional education preparing an individual as an osteopathic physician and surgeon, asevidenced by having received an earned degree of doctor of osteopathic medicine from:
(i) an AOA approved medical school or college; or
(ii) an osteopathic medical school or college located outside of the United States or itsjurisdictions which at the time of the applicant's graduation, met criteria for accreditation by theAOA;
(e) hold a current certification by the Educational Commission for Foreign MedicalGraduates or any successor organization approved by the division in collaboration with theboard, if the applicant graduated from a medical school or college located outside of the UnitedStates or its jurisdictions;
(f) satisfy the division and board that the applicant:
(i) has successfully completed 24 months of progressive resident training in an ACGMEor AOA approved program after receiving a degree of doctor of osteopathic medicine requiredunder Subsection (1)(d); or
(ii) (A) has successfully completed 12 months of resident training in an ACGME orAOA approved program after receiving a degree of doctor of osteopathic medicine as requiredunder Subsection (1)(d);
(B) has been accepted in and is successfully participating in progressive resident trainingin an ACGME or AOA approved program within Utah, in the applicant's second or third year ofpostgraduate training; and
(C) has agreed to surrender to the division the applicant's license as an osteopathicphysician and surgeon without any proceedings under Title 63G, Chapter 4, AdministrativeProcedures Act, and has agreed the applicant's license as an osteopathic physician and surgeonwill be automatically revoked by the division if the applicant fails to continue in good standing inan ACGME or AOA approved progressive resident training program within the state;
(g) pass the licensing examination sequence required by division rule, as made incollaboration with the board;
(h) be able to read, write, speak, understand, and be understood in the English languageand demonstrate proficiency to the satisfaction of the board, if requested by the board;
(i) meet with the board and representatives of the division, if requested for the purpose ofevaluating the applicant's qualifications for licensure;
(j) designate:
(i) a contact person for access to medical records in accordance with the federal HealthInsurance Portability and Accountability Act; and
(ii) an alternate contact person for access to medical records, in the event the originalcontact person is unable or unwilling to serve as the contact person; and
(k) establish a method for notifying patients of the identity and location of the contactperson and alternate contact person, if the applicant will practice in a location with no otherpersons licensed under this chapter.
(2) An applicant for licensure as an osteopathic physician and surgeon qualifying underthe endorsement provision of Section 58-1-302 shall:
(a) be currently licensed in good standing in another jurisdiction as set forth in Section58-1-302;
(b) (i) document having met all requirements for licensure under Subsection (1) except,if an applicant received licensure in another state or jurisdiction based upon only 12 monthsresidency training after graduation from medical school, the applicant may qualify for licensurein Utah by endorsement only if licensed in the other state prior to July 1, 1996; or
(ii) document having obtained licensure in another state or jurisdiction whose licensurerequirements were at the time of obtaining licensure equal to licensure requirements at that timein Utah;
(c) have passed the SPEX examination within 12 months preceding the date ofapplication for licensure in Utah if the date on which the applicant passed qualifyingexaminations for licensure is greater than five years prior to the date of the application forlicensure in Utah, or meet medical specialty certification requirements which may be establishedby division rule made in collaboration with the board;
(d) have been actively engaged in the practice as an osteopathic physician and surgeonfor not less than 6,000 hours during the five years immediately preceding the date of applicationfor licensure in Utah;
(e) meet with the board and representatives of the division, if requested for the purposeof evaluating the applicant's qualifications for licensure; and
(f) not have a license that was suspended or revoked in any state, unless the license wassubsequently reinstated as a full unrestricted license in good standing.
(3) An applicant for licensure as an osteopathic physician and surgeon, who has beenlicensed as an osteopathic physician in Utah, who has allowed the applicant's license in Utah toexpire for nonpayment of license fees, and who is currently licensed in good standing in anotherstate or jurisdiction of the United States shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 63J-1-504;
(c) be of good moral character;
(d) have passed the SPEX examination within 12 months preceding the date ofapplication for licensure in Utah if the date on which the applicant passed qualifyingexaminations for licensure is greater than five years prior to the date of the application forlicensure in Utah;
(e) have been actively engaged in the practice as an osteopathic physician for not fewerthan 6,000 hours during the five years immediately preceding the date of application forlicensure; and
(f) meet with the board and representatives of the division, if requested for the purpose ofevaluating the applicant's qualifications for licensure.
(4) An applicant for licensure by endorsement may engage in the practice of medicine
under a temporary license while the applicant's application for licensure is being processed by thedivision, provided:
(a) the applicant submits a complete application required for temporary licensure to thedivision;
(b) the applicant submits a written document to the division from:
(i) a health care facility licensed under Title 26, Chapter 21, Health Care FacilityLicensing and Inspection Act, stating that the applicant is practicing under the invitation of thehealth care facility; or
(ii) two individuals licensed under this chapter, whose license is in good standing andwho practice in the same clinical location, both stating that:
(A) the applicant is practicing under the invitation of the individual; and
(B) the applicant will practice at the same clinical location as the individual;
(c) the applicant submits a signed certification to the division that the applicant meets therequirements of Subsection (2);
(d) the applicant does not engage in the practice of medicine until the division has issueda temporary license;
(e) the temporary license is only issued for and may not be extended beyond the durationof one year from issuance; and
(f) the temporary license expires immediately and prior to the expiration of one year fromissuance, upon notification from the division that the applicant's application for licensure byendorsement is denied.
(5) The division shall issue a temporary license under Subsection (4) within 15 businessdays after the applicant satisfies the requirements of Subsection (4).
Amended by Chapter 183, 2009 General Session