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AN ACT relating to a provisional license to practice medicine. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 311.571 is amended to read as follows: 3
(1) An[No] applicant who is a graduate of a medical or osteopathic school located 4
within the United States and its territories and protectorates or Canada shall not be 5
eligible for a regular license to practice medicine in the Commonwealth unless the 6
applicant: 7
(a) Is able to understandably speak, read, and write the English language; 8
(b) Has graduated from an accredited college or university or has satisfactorily 9
completed a c ollegiate course of study necessary for entry into an approved 10
medical or osteopathic school or college; 11
(c) Has graduated from a prescribed course of instruction in a medical or 12
osteopathic school or college situated in the United States or Canada and 13
approved by the board; 14
(d) Has satisfactorily completed a prescribed course of postgraduate training of a 15
duration t o be established by the board in an administrative regulation 16
promulgated in accordance with KRS Chapter 13A, after consultation with the 17
University of Kentucky College of Medicine, the University of Louisville 18
School of Medicine, and the Pikeville College School of Osteopathic 19
Medicine; 20
(e) Has successfully completed an examination prescribed by the board; and 21
(f) Has fulfilled all other reasonable qualifications for regular licensure that the 22
board may require by administrative regulations promulgated in accordance 23
with KRS Chapter 13A[prescribe by regulation]. 24
(2) An[No] applicant who is a graduate of a medical or osteopathic school located 25
outside the United States or Canada shall not be eligible for a regular license to 26
practice medicine in the Commonwealth unless the applicant: 27
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(a) Is able to understandably speak, read, and write the English language; 1
(b) Has successfully completed a course of study necessary for entry into an 2
approved medical or osteopathic school or college; 3
(c) Has graduated from a p rescribed course of instruction in a medical or 4
osteopathic school or college situated outside the United States or Canada and 5
approved by the board or is a citizen of the United States and has been 6
awarded a diploma by an approved medical or osteopathic s chool located 7
within the United States or Canada as part of a program designed to allow for 8
the transfer of students to such schools from schools located outside the 9
United States or Canada; 10
(d) Has successfully completed an examination prescribed by the board; 11
(e) Has been certified by the educational commission for foreign medical 12
graduates or by an approved United States specialty board; 13
(f) Has satisfactorily completed a prescribed course of postgraduate training of a 14
duration to be established by the b oard in an administrative regulation 15
promulgated in accordance with KRS Chapter 13A, after consultation with the 16
University of Kentucky College of Medicine, the University of Louisville 17
School of Medicine, and the Pikeville College School of Osteopathic 18
Medicine; and 19
(g) Has fulfilled all other reasonable qualifications for regular licensure that the 20
board may require by administrative regulations promulgated in accordance 21
with KRS Chapter 13A[prescribe by regulation]. 22
(3) An[No] applicant shall not be elig ible for a limited license -institutional practice 23
unless the applicant: 24
(a) Has fulfilled all the requirements for regular licensure as delineated in 25
subsection (1) of this section; or 26
(b) Has fulfilled the requirements for regular licensure as delineated in subsection 27
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(2)(a) to (e) and (g) of this section and in addition has satisfactorily completed 1
a prescribed course of postgraduate training of at least one (1) full year's 2
duration approved by the board; and 3
(c) Has fulfilled all other reasonable qualifi cations for limited licensure that the 4
board may require by administrative regulations promulgated in accordance 5
with KRS Chapter 13A[prescribe by regulation]. 6
(4) The board may grant an applicant a limited license -institutional practice for a 7
renewable period of one (1) year if the applicant: 8
(a) Has fulfilled the requirements for regular licensure as delineated in subsection 9
(2)(a), (b), (d), (e), and (g) of this section; 10
(b) Has fulfilled the requirements for a limited license -institutional practice as 11
indicated in subsection (3)(c) of this section; and 12
(c) Has satisfactorily completed a prescribed course of postgraduate training of at 13
least one (1) full year's duration approved by the board. 14
(5) The board may grant an applicant a fellowship training lice nse for a renewable 15
period of one (1) year if the applicant: 16
(a) Has been accepted for a fellowship approved by the administration of any of 17
Kentucky's medical schools and conducted under the auspices of that medical 18
school; or 19
(b) Has graduated from a med ical school located outside the United States or 20
Canada that has been approved by the board, and: 21
1. Has been certified by the appropriate licensing authority in his or her 22
home country in the subject specialty of the fellowship; and 23
2. Is able to demonstrate that he or she is a physician of good character and 24
is in good standing in the country where he or she normally practices 25
medicine. 26
(6) (a) The board may grant an applicant a special faculty license for a renewable 27
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period of one (1) year if the applicant: 1
1. Holds or has been offered a full -time faculty appointment at an 2
accredited Kentucky medical or osteopathic school approved by the 3
board and is nominated for a special faculty license by the dean of the 4
school of medicine or school of osteopathy; 5
2. Possesses a current valid license to practice medicine or osteopathy 6
issued by another state, country, or other jurisdiction; 7
3. Is able to understandably speak, read, and write the English language; 8
4. Is board certified in his or her specialty; 9
5. Is not otherwise eligible for a regular license under this chapter; and 10
6. Is not subject to denial of a license under any provision of this chapter. 11
(b) The applicant shall submit the fee established by administrative regulation 12
promulgated in accordance with KRS Chapter 13A by the board for an initial 13
license to practice medicine. 14
(c) An applicant approved for a license under this subsection shall not engage in 15
the practice of medicine or osteopathy outside an accredited medical school 16
program or osteopathic school pr ogram and any affiliated institution or 17
program for which the medical school or osteopathic school has assumed 18
direct responsibility. 19
(d) The board may grant a regular license to practice medicine or osteopathy to a 20
person who has had a special faculty lic ense for a period of at least five (5) 21
consecutive years. 22
(7) An applicant seeking regular licensure in the Commonwealth who was originally 23
licensed in another state may obtain licensure in the Commonwealth without further 24
testing and training if the applicant: 25
(a) Has been endorsed in writing by the applicant's original licensing state as 26
being licensed in good standing in that state; and 27
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(b) Would have satisfied all the requirements for regular licensure described in 1
the preceding subsections had the appl icant sought original licensure in this 2
state. 3
(8) An applicant shall be eligible for a provisional license if the applicant has: 4
(a) Fulfilled: 5
1. The requirements for regular licensure in subsection (1)(a), (b), (c), 6
and (e) of this section; or 7
2. The r equirements for regular licensure in subsection (2)(a), (b), (c), 8
(d), and (e) of this section; 9
(b) An offer for employment as a physician with a sponsor that is: 10
1. A professional practice, healthcare entity, or corporation that operates 11
and is licensed o r authorized to provide healthcare in the 12
Commonwealth; and 13
2. Located in a medically underserved area as defined by the secretary of 14
the United States Department of Health and Human Services; 15
(c) Good standing or authorization to practice medicine with th e medical 16
licensing or regulatory institution of his or her licensing country within the 17
last five (5) years; 18
(d) Completed a residency or substantially similar postgraduate medical 19
training; and 20
(e) Practiced as a medical professional performing the dutie s of a physician in 21
his or her licensing country for no less than five (5) years. 22
(9) A provisional license granted under subsection (8) of this section shall 23
automatically be converted into a regular license to practice medicine in the 24
Commonwealth after three (3) years with the employing sponsor. 25
(10) A provisional licensee whose license has been converted to a regular license to 26
practice medicine shall not be required to maintain employment with the original 27
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employing sponsor at the conclusion of provisional licensing period. 1
(11) The board may revoke a provisional license granted under subsection (8) of this 2
section if: 3
(a) The provisional licensee is not employed with a sponsor that is a 4
professional practice, healthcare entity, or corporation that ope rates and is 5
licensed or authorized to provide healthcare in the Commonwealth during 6
the three (3) year provisional period; or 7
(b) The provisional licensee has engaged in unacceptable conduct under KRS 8
311.595 or 311.597. 9
(12) An[No] applicant shall not be granted licensure in the Commonwealth unless the 10
applicant has successfully completed an examination prescribed by the board in 11
accordance with any requirements[rules that] the board may establish by 12
administrative regulation in accordance with KRS Chapter 13A concerning 13
passing scores, testing opportunities and test score recognition. 14
(13)[(9)] Notwithstanding any of the requirement s for licensure established in[by] 15
subsections (1) to (12)[(8)] of this section and after providing the applicant or 16
reregistrant with reasonable notice of its intended action and after providing a 17
reasonable opportunity to be heard, the board may deny lic ensure to an applicant or 18
the reregistrant of an inactive license without a prior evidentiary hearing upon a 19
finding that the applicant or reregistrant has violated any provision of KRS 311.595 20
or 311.597 or is otherwise unfit to practice. Orders denying l icensure may be 21
appealed pursuant to KRS 311.593. 22
(14)[(10)] Notwithstanding any provision of subsections (1) to (12) of this section [ the 23
foregoing], the board may grant licensure to an applicant in extraordinary 24
circumstances upon a finding by the board that based on the applicant's exceptional 25
education, training, and practice credentials, the applicant's practice in the 26
Commonwealth would be beneficial to the public welfare. 27
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(15)[(11)] Notwithstanding any provision of this section, the board may exercis e its 1
discretion to grant a visiting professor license to an applicant after considering the 2
following: 3
(a) Whether the applicant meets the qualifications for a regular license; 4
(b) Whether the applicant is licensed to practice medicine in other states or in 5
other countries; and 6
(c) The recommendation of the program director of an accredited medical school 7
that confirms the applicant's employment as a visiting professor and that 8
includes, if necessary, written justification for a waiver of the requirements 9
specified in subsections (1) and (2) of this section. 10
Orders denying applications for a visiting professor license shall not be appealed 11
under KRS 311.593. 12