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SECOND REGULAR SESSION
HOUSE BILL NO. 3352
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE STINNETT .
7226H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 334.046, RSMo, and to enact in lieu thereof two new sections relating to
physician licensure.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 334.046, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 334.046 and 334.048, to read as follows:
334.046. 1. Notwithstanding any other provisions of law to the contrary , the board
2 may grant a temporary license to any otherwise qualified physician to teach or lecture and
3 pr ovide patient care services rel ated ther eto in a program sponsored by an accredited
4 medical school in the state of Missouri or any accredited hospital. The temporary license
5 shall not extend beyond twelve months from the date of its issuance and shall terminate
6 automatically . T o be granted a temporary license pursuant to this section, a physician shall
7 meet all requirements for permanent licensure in the state of Missouri, including those
8 imposed by rule and regulation; except that, the board may recognize and take into account
9 the credentials of a physician licensed in other states or in foreign countries. Nothing
10 contained in this section shall be construed so as to permit the issuance of a temporary license
11 for locum tenens or other itinerant practices of the healing arts.
12 2. W ithin guidelines established by rule and regulation, the board may authorize an
13 intern or a resident who is otherwise properly enrolled and duly licensed to participate in a
14 program of graduate medical or osteopathic education in an accredited program in a
15 contiguous state, to act as an intern or resident in this state; provided, that such activity is a
16 recognized part of the educational experience of fered by that program.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 3. Notwithstanding any other provision of law to the contrary , the board may waive
18 the provisions of sections 334.035 and 334.040, but not section 334.031, and grant a
19 permanent license to practice as a physician and sur geon to the holder of a temporary license
20 issued pursuant to this section. The board shall not grant a waiver pursuant to this section
21 unless and until the applicant has held a temporary license for a minimum of twelve months
22 preceding the date of application and complies with all requirements the board may impose
23 by rule or regulation. An applicant for a permanent license pursuant to this section shall
24 present evidence to the board that the applicant holds a certificate of licensure in any state or
25 territory of the United States, of the District of Columbia or in a foreign country , authorizing
26 the applicant to practice in the same manner and to the same extent as physicians and
27 sur geons are authorized to practice by this chapter .
28 4. Before granting a waiver pursuant to this section, the board may require the
29 applicant to achieve a passing score on the federation portion of the state medical board's
30 special purpose examination (SPEX).
31 5. If the board grants a waiver pursuant to this section, then the license issued to the
32 applicant may be limited or restricted to the applicant's board specialty .
33 6. The board may not grant a waiver pursuant to this section to any applicant who has
34 failed to achieve a passing score within three attempts on licensing examinations
35 administered in one or more states or territories of the United States, the District of
36 Columbia or in any foreign country .
37 7. Any waiver granted by the board pursuant to this section, or pursuant to section
38 334.040, shall be granted in the sole discretion of the board. A refusal by the board to grant
39 such a waiver shall not be appealable to the administrative hearing commission or circuit
40 court.
334.048. 1. Notwithstanding any other pr ovision of law to the contrary , the
2 board may grant a transitional license to any physician sponsored by an accr edited
3 medical school in this state. A transitional license may be granted to a physician who:
4 (1) Has practiced for at least two years in this state or another state and is
5 otherwise in good standing but has let his or her license lapse for a period of no mor e
6 than ten years. A physician applying for a transitional license under the pro visions of
7 this subdivision shall not have had his or her license suspended or revo ked or otherwise
8 have had any disciplinary action taken against him or her for any reas on; or
9 (2) Has practiced for at least two years in a for eign country as a licensed
10 physician in good standing and who is certified by the Educational Commission for
11 For eign Medical Graduates (ECFMG). A physician applying for a transitional license
12 under the pr ovisions of this subdivision shall have the sponsoring accr edited medical
13 school verify and attest that the physician has completed at least thr ee years of
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14 postgraduate training in a country whose requ irem ents are substantially similar to or
15 gr eater than those of this state.
16 2. The transitional license shall not extend mor e than thr ee years fro m the date
17 of its issuance and shall terminate automatically . T o be granted a transitional license
18 under this section, a physician shall meet all req uir ements for permanent licensur e in
19 this state, including those imposed by rule and r egulation, except that the board may
20 waive certain req uirements according to the pr ovisions of this section. Nothing
21 contained in this section shall be construed to permit the issuance of a transitional
22 license for locum tenens or other itinerant practices of the healing arts.
23 3. Notwithstanding any other pr ovision of law to the contrary , the board may
24 waive the pr ovisions of sections 334.035 and 334.040, but not section 334.031, and grant
25 a permanent license to practice as a physician and surgeon to the holder of a transitional
26 license issued under this section. The board shall not grant a waiver under this section
27 unless and until the applicant has held a transitional license for a minimum of thr ee
28 years pr eceding the date of application, has been employed by a sponsoring accr edited
29 medical school for at least thr ee years, and complies with all r equir ements the board
30 may impose by rule or regul ation. An applicant for a permanent license under this
31 section shall pr esent evidence to the board that the applicant holds a certificate of
32 licensur e in any state or territory of the United States or the District of Columbia, or in
33 a for eign country , authorizing the applicant to practice in the same manner and to the
34 same extent as physicians and surgeons are authorized to practice by this chapter .
35 4. Befor e granting a waiver under this section, the board may r equir e the
36 applicant to achieve a passing scor e on the Federation of State Medical Boards' Special
37 Purpose Examination (SPEX).
38 5. If the board grants a waiver under this section, the license issued to the
39 applicant may be limited or res tricted to the applicant's board specialty .
40 6. The board shall not grant a waiver under this section to any applicant who has
41 failed to achieve a passing scor e within thr ee attempts on licensing examinations
42 administer ed in one or mor e states or territories of the United States or the District of
43 Columbia or in any for eign country .
44 7. Any waiver granted by the board under this section, or under section 334.040,
45 shall be granted in the sole discr etion of the board. A r efusal by the board to grant such
46 a waiver shall not be appealable to the administrative hearing commission or cir cuit
47 court.
✔
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