HF 2564 (LSB 6091YH (4) 90)

HOUSE FILE 2564

BY  YOUNG

A BILL FOR

An Act relating to the licensure of internationally trained physicians, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  148J.1  Definitions.
   For the purposes of this chapter:
   1.  “Board” means the board of medicine established pursuant to chapter 147.
   2.  “Health care facility” means all of the following:
   a.  A facility as defined in section 514J.102.
   b.  A facility licensed pursuant to chapter 135B.
   c.  A facility licensed pursuant to chapter 135C.
   3.  “International medical program” means a medical school, residency program, medical internship program, or entity that provides physicians with a medical education or training outside of the United States that is substantially similar to the practice of medicine and surgery or osteopathic medicine and surgery in Iowa and that has been evaluated by the educational commission on foreign medical graduates.
   4.  “International physician” means an individual who meets all of the following requirements:
   a.  Has a medical doctorate or substantially similar degree issued by an international medical program in good standing.
   b.  Has been in good standing with the medical licensing or regulatory institution of the individual’s resident country during the immediately preceding five years and has no pending discipline before the licensing or regulatory institution.
   c.  Has completed a residency or substantially similar postgraduate medical training in the individual’s resident country.
   d.  Has practiced medicine and surgery or osteopathic medicine and surgery as a licensed physician for five years following the completion of a residency or substantially similar postgraduate medical training.
   e.  Possesses basic fluency in the English language.
    Sec. 2.  NEW SECTION.  148J.2  International physicians ——provisional licenses.
   1.  a.  The board shall grant a provisional license to practice medicine and surgery or osteopathic medicine and surgery in this state to an international physician with an offer for employment as a physician at a health care facility in this state. However, the board shall not grant a license pursuant to this subsection to an international physician who does not possess a federal immigration status allowing the international medical graduate to practice as a physician in the United States, or to an international physician who fails to obtain a passing score on the United States medical licensing examination.
   b.  A provisional license granted pursuant to paragraph “a” shall be converted to a full license to practice medicine and surgery or osteopathic medicine and surgery after three years, unless the license has been revoked pursuant to subsection 2 or surrendered by the licensee.
   2.  a.  The board may revoke a provisional license granted pursuant to subsection 1, paragraph “a”, if the board finds by clear and compelling evidence that the licensee has violated a provision of section 148.6. A licensee may appeal a revocation pursuant to this subsection in a court of competent jurisdiction within one hundred twenty days of the date of revocation.
   b.  The board may revoke a provisional license granted pursuant to subsection 1, paragraph “a”, if the international physician is not employed by a health care facility in this state during the entirety of the provisional licensing period.
   3.  This section does not require the board to grant a provisional license or full license pursuant to subsection 1 to an individual that does not do all of the following:
   a.  Complete training substantially similar to a physician and surgeon or osteopathic physician and surgeon.
   b.  Receive a passing score on the United States medical licensing examination.
   c.  Pass a background check as required by the board.
   d.  Complete a licensure application as required by the board.
   e.  Pay all required fees as required by the board.
    Sec. 3.  EFFECTIVE DATE.  This Act takes effect January 1, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the licensure of international physicians in Iowa. The bill defines “international physician” as a person who holds a medical doctorate or substantially similar degree issued by an international medical program, has been in good standing with the medical regulatory body of the person’s country of residence for the immediately preceding five years and has no pending discipline, has completed a residency or similar postgraduate education program, has practiced medicine and surgery or osteopathic medicine and surgery as a licensed physician for five years following the completion of a residency or substantially similar postgraduate medical training and has a basic fluency in English. The bill defines “international medical program” as a medical training program or entity that provides physicians with a medical education or training, outside of the United States that is substantially similar to the practice of medicine and surgery or osteopathic medicine and surgery in Iowa and that has been evaluated by the educational commission on foreign medical graduates.
   The bill requires the board of medicine to issue a provisional license to practice medicine and surgery or osteopathic medicine and surgery in Iowa to an international physician who has received a passing score on the United States medical licensing examination and has an offer for employment as a physician with a health care facility, as defined in the bill, in this state. The board may revoke a provisional license if the board finds by clear and compelling evidence that the licensee has engaged in conduct for which a licensee in medicine and surgery or osteopathic medicine and surgery may be disciplined, or if the licensee is not employed by a health care facility in this state during the entirety of the provisional licensing period. If a provisional license is not revoked or surrendered, the provisional license shall be converted to a full license after three years. The bill allows the board to conduct a background check and require the submission of an application and application fee.
   The bill takes effect January 1, 2025.