Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1285 Comm Sub / Analysis

Filed 03/31/2023

                      	SB 1285 
Initials AF/AG/KM 	Page 1 	Appropriations 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: HHS 6-0-1-0 | 3
rd
 Read 29-0-1-0 
 
SB1285: obstetric services; rural communities; recommendations 
S/E: licensure; international medical graduates 
Sponsor: Senator Shamp, LD 29 
Committee on Appropriations 
Overview 
Requires the Arizona Medical Board (Board), effective January 1, 2024, to grant provisional 
licenses to international medical graduates to engage in the practice of medicine in Arizona if 
certain criteria are met.  
History 
Arizona Medical Board 
The Board was originally established by the Arizona State Legislature in 1913. The Board consists 
of 12 members who are appointed to serve a term of five years to begin and end on July 1. The 
Board's primary duty is to protect the public from unlawful, incompetent, unqualified, impaired or 
unprofessional practitioners of allopathic medicine through licensing and regulation. The Board 
initiates investigations, disciplines and rehabilitates physicians and develops standards governing 
the profession. An applicant for licensure must submit fingerprints for the purpose of obtaining a 
state and federal criminal records check. Additional qualifications for a medical license can be 
found in statute. 
The practice of medicine in part, means the diagnosis, treatment or correction of any and all 
human diseases, injuries, ailments, infirmities or deformities, physical or mental, by any means, 
methods, devices or instrumentalities. The practice of medicine includes the practice of medicine 
or surgery alone or both (A.R.S. §§  32-1401, 32-1402, 32-1403, 32-1422, 32-1451 and 32-1452). 
Students Graduating from an Unapproved Allopathic School of Medicine 
In addition to completing the basic statutory requirements for medicine and surgery licensure, any 
applicant who has graduated from an unapproved allopathic school of medicine must meet the 
following requirements: 
1) be able to read, write, speak, understand and be understood in the English language; 
2) hold a standard certificate issued by the Educational Council for Foreign Medical Graduates 
(Council), complete a Fifth Pathway Program, complete 36 months as a full-time assistant 
professor or in a higher position in an approved school of medicine; and 
3) successfully complete an approved 24 month hospital internship, residency or clinical 
fellowship program, in addition to the statutorily required 12 month hospital internship, 
residency or clinical fellowship program, for a total of 36 months of training, unless the 
applicant successfully completed a Fifth Pathway Program or has served as a full-time 
assistant professor or in a higher position in an approved school of medicine for a total of 36 
months (A.R.S. § 32-1423). 
 
 
    	SB 1285 
Initials AF/AG/KM 	Page 2 	Appropriations 
Fifth Pathway Program 
In addition to completing the basic statutory requirements for medicine and surgery licensure and 
when graduating from an unapproved allopathic school of medicine, an applicant for a medical 
license who attended a foreign school of medicine and successfully completed all the formal 
requirements to receive the degree of Doctor of Medicine (M.D.) except internship or social 
service, and is accordingly not eligible for certification by the Council, may be considered for 
licensure if they meet the following conditions: 
1) satisfactorily completes an approved Fifth Pathway Program of one academic year of 
supervised clinical training under the direction of an approved U.S. school of medicine; and 
2) successfully completes an approved 24-month internship, residency or clinical fellowship 
program upon completion of the Fifth Pathway Program.  
A document granted by a foreign school of medicine signifying completion of all formal 
requirements for graduation from such foreign medical school except internship or social service 
training, or both, along with certification by the approved U.S. school of medicine of successful 
completion of the Fifth Pathway Program is deemed the equivalent of an M.D. for purposes of 
licensure and practicing as a physician in Arizona (A.R.S. § 32-1424). 
Provisions 
1. Requires the Board to grant a provisional license to engage in the practice of medicine in 
Arizona to an international medical graduate who: 
a) has an offer for employment as a physician at any health care provider that operates in 
Arizona; and 
b) meets applicable requirements for medicine and surgery licensure and the requirements 
for students graduating from an unapproved allopathic school of medicine. (Sec. 1) 
2. Allows the Board to discipline a licensee or revoke a granted provisional license based on 
clear and compelling evidence after a conducted investigation. (Sec. 1)  
3. Permits a provisional licensee to appeal the revocation to the Maricopa County Superior Court 
within 120 days after the Board's decision to revoke the provisional license. (Sec. 1)  
4. Directs the court to reinstate the provisional license if it finds that the Board's actions did not 
meet the standards for revocation. (Sec. 1)  
5. Requires a provisional license to automatically convert into a full license to practice medicine 
in Arizona after three years unless the Board disciplines the licensee in that three-year period 
of the provisional license. (Sec. 1) 
6. Specifies that the Board is not required to license an international medical graduate who does 
not provide all of the following: 
a) evidence of substantially similar medical training as required by Arizona law; 
b) evidence of satisfactory passage of exams; 
c) a complete license application; and 
d) payment of all required licensing fees. (Sec. 1)  
7. Allows the Board to require an applicant international medical graduate to submit any 
necessary supporting application materials so that the Board can properly evaluate the 
applicant for licensure. (Sec. 1)  
8. Permits the Board to require an applicant international medical graduate, at the applicant's 
expense, to submit medical education information through the Educational Commission for 
Foreign Medical Graduates or another third-party records service. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note    	SB 1285 
Initials AF/AG/KM 	Page 3 	Appropriations 
9. Defines an international medical graduate as an individual who meets all of the following 
requirements: 
a) is a U.S. citizen; 
b) has been granted a medical doctorate or a substantially similar degree by an international 
medical program of good standing; 
c) has completed a residency or substantially similar postgraduate medical training in the 
country where the individual was granted a medical doctorate or a substantially similar 
degree by an international medical program in good standing; and 
d) possesses basic fluency in the English language. (Sec. 1) 
10. Defines the following terms: 
a) health care provider; 
b) international medical program; and 
c) physician. (Sec. 1)  
11. Contains an effective date of January 1, 2024. (Sec. 2)