Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1402 Compare Versions

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22 SENATE DOCKET, NO. 1823 FILED ON: 1/20/2023
33 SENATE . . . . . . . . . . . . . . No. 1402
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jason M. Lewis
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act improving healthcare delivery for underserved residents of the commonwealth.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexJack Patrick Lewis7th Middlesex1/20/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/30/2023Jacob R. OliveiraHampden, Hampshire and Worcester1/30/2023Julian CyrCape and Islands2/10/2023Carmine Lawrence Gentile13th Middlesex2/10/2023Vanna Howard17th Middlesex2/14/2023Michael O. MooreSecond Worcester2/15/2023James B. EldridgeMiddlesex and Worcester2/17/2023 1 of 6
1616 SENATE DOCKET, NO. 1823 FILED ON: 1/20/2023
1717 SENATE . . . . . . . . . . . . . . No. 1402
1818 By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1402) of Jason M. Lewis, Jack
1919 Patrick Lewis, Joanne M. Comerford, Jacob R. Oliveira and other members of the General Court
2020 for legislation to improve healthcare delivery for underserved residents of the commonwealth.
2121 Public Health.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act improving healthcare delivery for underserved residents of the commonwealth.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition,
3131 2is hereby amended by striking out Section 9, and inserting in place thereof the following
3232 3section:-
3333 4 Section 9.
3434 5 (a) An applicant for limited registration under this section may, upon payment of a fee to
3535 6be determined annually by the commissioner of administration under the provision of section
3636 7three B of chapter seven, be registered by the board as an intern, fellow or medical officer for
3737 8such time as it may subscribe if the applicant furnishes the board with satisfactory proof of the
3838 9following:
3939 10 (1) The applicant is eighteen or over and of good moral character. 2 of 6
4040 11 (2) (i) The applicant has creditably completed two years of a premedical course of study
4141 12in a college or university and not less than three and one-half years of study in a legally chartered
4242 13medical school having the power to grant degrees in medicine; or (ii) if not enrolled in or a
4343 14graduate of a legally chartered medical school in the United States or Canada, the applicant is the
4444 15holder of a standard certificate granted after an examination by the Education Council for
4545 16Foreign Medical Graduates, unless granted an exemption by the board; or (iii) the applicant has
4646 17completed two years of premedical education in a college or university of the United States,
4747 18Canada or Puerto Rico and if the applicant has studied medicine in a medical school outside the
4848 19United States, Canada or Puerto Rico that is recognized by the World Health Organization, has
4949 20completed all the formal requirements for the degree corresponding to doctor of medicine, except
5050 21internship and social service, and has completed a year of clinical clerkship approved by the
5151 22liaison committee on medical education of the American Medical Association.
5252 23 (3) The applicant has been appointed as an intern, fellow or medical officer in a hospital
5353 24or other institution of the commonwealth, or of a county or municipality thereof, or in a hospital
5454 25or clinic which is incorporated under the laws of the commonwealth or in a clinic which is
5555 26affiliated with a hospital licensed by the department of public health under authority of section
5656 27seventy-one of chapter one hundred and eleven, or in an out-patient clinic operated by the
5757 28department of mental health, or in the department of public health for duty in clinics or in
5858 29programs operated or approved by the department of public health, or in programs approved by
5959 30the board of registration in medicine in the commonwealth and leading toward certification by
6060 31specialty boards recognized by the American Medical Association.
6161 32 (4) The applicant has applied to participate in the medical assistance program
6262 33administered by the secretary of health and human services in accordance with chapter 118E and 3 of 6
6363 34Title XIX of the Social Security Act and any federal demonstration or waiver relating to the
6464 35medical assistance program for the limited purpose of ordering and referring services covered
6565 36under the program if regulations governing such limited participation are promulgated under
6666 37chapter 118E.
6767 38 Such limited registration shall entitle the applicant to practice medicine only in the
6868 39hospital, institution, clinic or program designated on the applicant’s certificate of limited
6969 40registration, or outside such hospital, institution, clinic or program for the treatment, under
7070 41supervision of one of its medical officers who is a duly registered physician, of persons accepted
7171 42by it as patients, or in any hospital, institution, clinic or program affiliated for training purposes
7272 43with the hospital, institution, clinic or program designated on such certificate, which affiliation is
7373 44approved by the board and in any case under regulations established by such hospital, institution,
7474 45clinic or program. The name of any hospital, institution, clinic or program so affiliated and so
7575 46approved shall also be indicated on such certificate. Limited registration under this section may
7676 47be revoked at any time by the board.
7777 48 (b) Notwithstanding the other provisions of this section, an internationally-trained
7878 49physician who has been licensed or otherwise authorized to practice medicine in a country other
7979 50than the United States shall be eligible to apply for a limited license to practice medicine for a
8080 51renewable one-year term after satisfying the criteria in below paragraph (3), provided, however,
8181 52that such limited registration shall provide a pathway for the issuance of a full unrestricted
8282 53license to practice medicine in accordance with, and upon satisfaction of, the criteria in below
8383 54paragraph (5). 4 of 6
8484 55 (1) Definitions. For the purposes of this subsection, the following terms shall have the
8585 56following meanings —
8686 57 (i) “Commission” shall mean the Educational Commission for Foreign Medical
8787 58Graduates.
8888 59 (ii) “Internationally-trained physician” shall mean a physician who has received a degree
8989 60of doctor of medicine or its equivalent from a legally chartered medical school outside the
9090 61United States recognized by the World Health Organization, who has been licensed or otherwise
9191 62authorized to practice medicine in a country other than the United States, and who has practiced
9292 63medicine for at least one year.
9393 64 (iii) “Licensing Exam” shall mean United States Medical Licensing Examination.
9494 65 (iv) “Massachusetts physician shortage area” shall mean a geographic region or
9595 66population in the commonwealth experiencing a shortage of physicians, especially primary care
9696 67physicians or psychiatrists, relative to population and need.
9797 68 (v) “Participating healthcare facility” shall mean a federally-qualified health center,
9898 69community health center, hospital, or other healthcare facility approved by the board that
9999 70provides an assessment and evaluation program designed to develop, assess, and evaluate an
100100 71internationally-trained physician’s non-clinical skills, according to criteria developed or
101101 72approved by the board; provided, however, that the participating healthcare facility provides
102102 73medical care in a Massachusetts physician shortage area. 5 of 6
103103 74 (2) For the purposes of this subsection, the Massachusetts health care workforce center or
104104 75its equivalent in the department of public health shall assist the board in determining the regions
105105 76or populations comprising a Massachusetts physician shortage area.
106106 77 (3) The board shall issue a limited license to an applicant if the participating facility and
107107 78the applicant submit evidence acceptable to the board that the applicant:
108108 79 (i) is an internationally-trained physician;
109109 80 (ii) has a valid certificate issued by the Commission or other credential evaluation service
110110 81approved by the board, provided, however, that the board may waive such certification at its
111111 82discretion where the applicant is unable to obtain the required documentation from a non-
112112 83cooperating country;
113113 84 (iii) has achieved a passing score on Step 1 and Step 2-Clinical Knowledge (CK) of the
114114 85Licensing Exam;
115115 86 (iv) has entered into an agreement with the participating facility providing that the facility
116116 87shall develop, assess and evaluate the applicant’s familiarity with non-clinical skills and
117117 88standards appropriate for medical practice in the commonwealth, according to assessment and
118118 89evaluation criteria developed or approved by the board;
119119 90 (v) shall enter a full-time full employment relationship with the participating facility after
120120 91the board issues a limited license to practice medicine to the applicant; and
121121 92 (vi) has satisfied other criteria that may be developed by the board in fulfillment of this
122122 93subsection.
123123 94 (4) The 1-year limited license may be renewed no more than once. 6 of 6
124124 95 (5) An internationally-trained physician who provides the board with proof of (i)
125125 96successful completion of the participating facility’s assessment and evaluation program, (ii) a
126126 97passing score on Step 3 of the Licensing Exam, and (iii) any additional prerequisites that the
127127 98board may require, shall be eligible to apply for a renewable 2-year restricted license to practice
128128 99medicine only in a Massachusetts physician shortage area designated by the board; provided,
129129 100however, that any additional prerequisites for eligibility shall not include post-graduate clinical
130130 101training, and that the restricted license shall authorize the holder to practice independently in a
131131 102primary care specialty, psychiatry, or other specialty approved by the board. After 2 years of
132132 103restricted practice, the internationally-trained physician shall be eligible to apply for a full,
133133 104unrestricted license to practice medicine. The 2-year restricted license may be renewed no more
134134 105than once.