Administrative Rule Review Report  #AR11-018

Legislative Service Office

26-Apr-11

AGENCY: Board of Medicine.

DATE SUBMITTED: April 25, 2011.

SUBJECT: Chapter 1, License Eligibility, Application and Interviews; Chapter 2, Examination for Licensure; and Chapter 3, Practice of Medicine.

NATURE OF RULES:   Procedural and legislative.

STATUTORY AUTHORITY:         W.S. 33-26-202(b)(v).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:

These rules are intended to accelerate the time-line for initial licensure of physicians.  They provide temporary licenses for applicants with no prior misconduct and clarify the period of a temporary license.  The rules expand licensure exemptions for out-of-state consulting physicians, clarify that exemptions apply to practice via telemedicine, set time periods during which temporary licenses are valid and delete references to separate temporary license fees.  The rules add definitions,   shorten the "shelf life" of license applications and physician reference questionnaires, clarify when a license applicant must submit to an interview, clarify license application review procedures, set and clarify minimum passing scores and revise fee schedules.  The rules also revise and expand provisions related to training licenses by ensuring that the Board has jurisdiction over physicians enrolled in residency programs and by establishing and setting requirements for T-1 and T-2 training license (issued according to the year of enrollment in an accredited physician residency program).  Finally, the rules strengthen post-graduate training licensure requirements.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Ian Shaw

Staff Attorney

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Lynda G. Cook

Staff Attorney

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