Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule is being amended to modify the
licensing requirements for assistant physicians as passed in Senate Bill 718
(2018) passed by the 99th General Assembly.
(1) An applicant for an assistant physician
license shall submit a completed application form approved by the board. The
application form shall include at least the following:
(A) Name of the applicant and any former
names used;
(B) Date of birth of
the applicant;
(C) Gender of
applicant;
(D) The applicant's
Social Security number. If applicant does not have a Social Security number
then the applicant shall supply visa or passport identification
number;
(E) Answers to questions
regarding the applicant's moral character, professional background, and fitness
to practice;
(F) A statement of
activities from graduation of professional school to the present or from the
last ten (10) years to the present, whichever is less; and
(G) A signed and notarized statement
attesting that the application is true, that the applicant has a duty to
supplement the information if it changes before a license is granted, that the
applicant understands that he or she cannot practice unless and until a license
is granted, and he or she has entered into a collaborative practice
agreement.
(2)
Applicants applying for licensure shall submit the following:
(A) Completed application;
(B) Appropriate licensure fee as defined in
20 CSR
2150-2080.;
(C) Proof that the applicant is a resident
and citizen of the United States or is a legal resident alien. This proof shall
include:
1. A birth certificate or United
States passport; or
2. A visa or
other United States government document evidencing legal resident
status;
(D) Proof that
the applicant has passed step 2 or level 2 of a board approved medical
licensing examination within the three- (3-) year period immediately preceding
application for licensure as an assistant physician, or within three (3) years
after graduation from medical college or osteopathic medical college, whichever
is later;
(E) Proof that the
applicant has not completed an approved postgraduate residency and has
successfully completed Step 2 of the United States Medical Licensing
examination or the equivalent of such step of any other board-approved medical
licensing examination within the immediate preceding three (3) years. However,
an applicant is exempted from this requirement if the applicant:
1. Was serving as a resident physician in an
accredited residency program at the three (3)-year anniversary of his or her
passing Step 2 of USMLE or the equivalent of such step of any other
board-approved medical licensing examination. An accredited residency program
is a program that is accredited by the Accreditation Council on Graduate
Medical Education (ACGME) of the American Medical Association or the Program
and Trainee Review Council of the American Osteopathic Association in the
United States; and
2. If the
applicant continued to serve as a resident physician in the accredited
residency program within thirty (30) days prior to filing the application for
an assistant physician's license;
(F) Proof of competency as an assistant
physician, which shall include, but not be limited to:
1. A self-query from the National
Practitioner's Databank, or its successor agency;
2. Proof of graduation from an approved
medical school in the form of either a copy of the diploma or an official
transcript;
3. Examination and
Board Action History Report (EBAHR) from the Federation of State Medical
Boards. This may be obtained by contacting the Federation of State Medical
Boards (FSMB) at fsmb.org. FSMB will make the report available to the
board;
4. If not contained in the
EBAHR, the applicant shall cause a certified copy of his or her exam scores
demonstrating passage of step 2 of a board-approved medical licensing exam to
be submitted to the board;
5. If
the applicant has participated in any post-graduate training program, a
post-graduate reference letter signed by the current director of that program
submitted directly to the board and on the form provided by the board, if
applicable; and
6. Proof of
hospital affiliation from each hospital where the applicant has held admitting
privileges in the last ten (10) years on a form approved by the board or by
causing the hospital to send a letter to the board containing the dates the
applicant had admitting privileges at that hospital and whether there was ever
any adverse action taken against those privileges, including, but not limited
to, revocation, suspension, or limitation of privileges or if the applicant
ever resigned privileges while under investigation;
(G) If the applicant's name is not the same
as that which appears on the above mentioned records, evidence of the name
change, which may include a copy of a marriage certificate, divorce decree,
adoption order, other court order, or naturalization certificate;
(H) In addition to the other requirements of
this rule, graduates from any medical or osteopathic school outside the United
States shall submit the following:
1. Proof
of licensure in the country the applicant attended medical school, if
applicable; and
2. A certificate
from the Educational Commission on Foreign Medical Graduates (ECFMG);
and
(I) Verification of
any licensure, registration, or certification in this state, any other state,
territory, or country in which the applicant has ever held a professional
license. Verification must be received directly from the licensing agency and
must include the type of license, registration or certification, the issue and
expiration dates, and information concerning any disciplinary or investigative
actions. If a licensing agency refuses or fails to provide verification, the
board may consider other evidence of licensure.
(3) If any of the documents required by this
rule are in a language other than English, the applicant shall provide an
official translation, as defined in
20 CSR 2150-2001.,
along with a copy of the original document.
(4) The applicant shall submit statement(s)
and supporting documentation to supplement their application, including, but
not limited to:
(A) If any professional
license held by the applicant has ever been disciplined, the applicant shall
submit documentation of the disciplinary action such as a settlement agreement,
order, judgment or consent order, and a statement from him or her describing
the circumstances of the discipline;
(B) If any civil suit for medical
malpractice, medical negligence, wrongful death, or any similar action has ever
been filed against the applicant, he or she shall submit a copy of the
initiating document (petition or complaint) and documentation of the outcome of
the case (judgment or dismissal) or if the case was settled, a letter stating
that the case was settled and a statement from the applicant explaining the
circumstances of the case;
(C) If
the applicant has ever been arrested for a crime (including any municipal
ordinance violations), he or she shall submit any documentation regarding that
arrest, including a summons or police report and a statement from the applicant
explaining the circumstances;
(D)
If the applicant has ever been charged with or convicted of a crime, including
any municipal ordinance violations, he or she shall submit a copy of the
charging document (information, complaint, indictment, or petition) and a copy
of the dismissal or judgment and sentence and a statement from the applicant
explaining the circumstances;
(E)
If the applicant has been diagnosed with or undergone treatment for substance
abuse, dependence, or for any physical or mental disorder which impaired his or
her ability to practice medicine, he or she shall submit a description of the
circumstances leading to the diagnosis or treatment and a letter from a
treatment provider stating that he or she is currently fit to practice
medicine;
(F) If the applicant has
ever had any adverse action taken against his or her privileges at any
hospital, including, but not limited to, revocation, suspension, or limitation
of privileges or if the applicant ever resigned privileges while under
investigation, he or she shall submit a description of the circumstances and
any available documentation, including, but not limited to, a letter from the
hospital indicating the final action taken; and
(G) Any other documentation specifically
requested by the board.
(5) All applicants shall take and pass a
twenty (20) question jurisprudence test regarding the rules and statutes
governing assistant physicians in Missouri. Seventy-five percent (75%) shall be
considered a passing score. If an applicant fails the test, he or she may
retake the test. The test may be administered through an on-line service or via
a traditional paper exam. It is cause to discipline pursuant to section
334.100.2(6), RSMo, for the assistant physician to fail to complete the
exam.
(6) Any application for an
assistant physician license may be denied by the board for one (1) of the
following causes singularly or in combination:
(A) Failure to meet any requirement of
Chapter 334, RSMo, or 20 CSR 2150-2.200 through 20 CSR 2150-2.270;
(B) Failure to demonstrate good moral
character; or
(C) Any cause listed
in section
334100.,
RSMo.
(7) If the board
denies an assistant physician application for licensure, the applicant may
appeal to the Administrative Hearing Commission as set forth in section
334100.,
RSMo, and Chapters 536 and 621, RSMo.
(8) The applicant may withdraw the
application prior to the board's final decision.
(9) All fees submitted to the board are
non-refundable and will be retained by the board.
(10) The board may require the applicant for
licensure to make a personal appearance before a final decision regarding
licensure is rendered.
(11) Any
person practicing as an assistant physician without a current license shall be
subject to discipline under section
334100.,
RSMo, or subject to the injunction procedures of section
334230.,
RSMo.
