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2 | 2 | | SENATE DOCKET, NO. 1823 FILED ON: 1/20/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1402 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Jason M. Lewis |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act improving healthcare delivery for underserved residents of the commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | 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 |
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16 | 16 | | SENATE DOCKET, NO. 1823 FILED ON: 1/20/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1402 |
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18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1402) of Jason M. Lewis, Jack |
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19 | 19 | | Patrick Lewis, Joanne M. Comerford, Jacob R. Oliveira and other members of the General Court |
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20 | 20 | | for legislation to improve healthcare delivery for underserved residents of the commonwealth. |
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21 | 21 | | Public Health. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act improving healthcare delivery for underserved residents of the commonwealth. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Chapter 112 of the General Laws, as appearing in the 2020 Official Edition, |
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31 | 31 | | 2is hereby amended by striking out Section 9, and inserting in place thereof the following |
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32 | 32 | | 3section:- |
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33 | 33 | | 4 Section 9. |
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34 | 34 | | 5 (a) An applicant for limited registration under this section may, upon payment of a fee to |
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35 | 35 | | 6be determined annually by the commissioner of administration under the provision of section |
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36 | 36 | | 7three B of chapter seven, be registered by the board as an intern, fellow or medical officer for |
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37 | 37 | | 8such time as it may subscribe if the applicant furnishes the board with satisfactory proof of the |
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38 | 38 | | 9following: |
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39 | 39 | | 10 (1) The applicant is eighteen or over and of good moral character. 2 of 6 |
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40 | 40 | | 11 (2) (i) The applicant has creditably completed two years of a premedical course of study |
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41 | 41 | | 12in a college or university and not less than three and one-half years of study in a legally chartered |
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42 | 42 | | 13medical school having the power to grant degrees in medicine; or (ii) if not enrolled in or a |
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43 | 43 | | 14graduate of a legally chartered medical school in the United States or Canada, the applicant is the |
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44 | 44 | | 15holder of a standard certificate granted after an examination by the Education Council for |
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45 | 45 | | 16Foreign Medical Graduates, unless granted an exemption by the board; or (iii) the applicant has |
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46 | 46 | | 17completed two years of premedical education in a college or university of the United States, |
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47 | 47 | | 18Canada or Puerto Rico and if the applicant has studied medicine in a medical school outside the |
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48 | 48 | | 19United States, Canada or Puerto Rico that is recognized by the World Health Organization, has |
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49 | 49 | | 20completed all the formal requirements for the degree corresponding to doctor of medicine, except |
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50 | 50 | | 21internship and social service, and has completed a year of clinical clerkship approved by the |
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51 | 51 | | 22liaison committee on medical education of the American Medical Association. |
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52 | 52 | | 23 (3) The applicant has been appointed as an intern, fellow or medical officer in a hospital |
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53 | 53 | | 24or other institution of the commonwealth, or of a county or municipality thereof, or in a hospital |
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54 | 54 | | 25or clinic which is incorporated under the laws of the commonwealth or in a clinic which is |
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55 | 55 | | 26affiliated with a hospital licensed by the department of public health under authority of section |
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56 | 56 | | 27seventy-one of chapter one hundred and eleven, or in an out-patient clinic operated by the |
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57 | 57 | | 28department of mental health, or in the department of public health for duty in clinics or in |
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58 | 58 | | 29programs operated or approved by the department of public health, or in programs approved by |
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59 | 59 | | 30the board of registration in medicine in the commonwealth and leading toward certification by |
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60 | 60 | | 31specialty boards recognized by the American Medical Association. |
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61 | 61 | | 32 (4) The applicant has applied to participate in the medical assistance program |
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62 | 62 | | 33administered by the secretary of health and human services in accordance with chapter 118E and 3 of 6 |
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63 | 63 | | 34Title XIX of the Social Security Act and any federal demonstration or waiver relating to the |
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64 | 64 | | 35medical assistance program for the limited purpose of ordering and referring services covered |
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65 | 65 | | 36under the program if regulations governing such limited participation are promulgated under |
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66 | 66 | | 37chapter 118E. |
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67 | 67 | | 38 Such limited registration shall entitle the applicant to practice medicine only in the |
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68 | 68 | | 39hospital, institution, clinic or program designated on the applicant’s certificate of limited |
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69 | 69 | | 40registration, or outside such hospital, institution, clinic or program for the treatment, under |
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70 | 70 | | 41supervision of one of its medical officers who is a duly registered physician, of persons accepted |
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71 | 71 | | 42by it as patients, or in any hospital, institution, clinic or program affiliated for training purposes |
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72 | 72 | | 43with the hospital, institution, clinic or program designated on such certificate, which affiliation is |
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73 | 73 | | 44approved by the board and in any case under regulations established by such hospital, institution, |
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74 | 74 | | 45clinic or program. The name of any hospital, institution, clinic or program so affiliated and so |
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75 | 75 | | 46approved shall also be indicated on such certificate. Limited registration under this section may |
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76 | 76 | | 47be revoked at any time by the board. |
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77 | 77 | | 48 (b) Notwithstanding the other provisions of this section, an internationally-trained |
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78 | 78 | | 49physician who has been licensed or otherwise authorized to practice medicine in a country other |
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79 | 79 | | 50than the United States shall be eligible to apply for a limited license to practice medicine for a |
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80 | 80 | | 51renewable one-year term after satisfying the criteria in below paragraph (3), provided, however, |
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81 | 81 | | 52that such limited registration shall provide a pathway for the issuance of a full unrestricted |
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82 | 82 | | 53license to practice medicine in accordance with, and upon satisfaction of, the criteria in below |
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83 | 83 | | 54paragraph (5). 4 of 6 |
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84 | 84 | | 55 (1) Definitions. For the purposes of this subsection, the following terms shall have the |
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85 | 85 | | 56following meanings — |
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86 | 86 | | 57 (i) “Commission” shall mean the Educational Commission for Foreign Medical |
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87 | 87 | | 58Graduates. |
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88 | 88 | | 59 (ii) “Internationally-trained physician” shall mean a physician who has received a degree |
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89 | 89 | | 60of doctor of medicine or its equivalent from a legally chartered medical school outside the |
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90 | 90 | | 61United States recognized by the World Health Organization, who has been licensed or otherwise |
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91 | 91 | | 62authorized to practice medicine in a country other than the United States, and who has practiced |
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92 | 92 | | 63medicine for at least one year. |
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93 | 93 | | 64 (iii) “Licensing Exam” shall mean United States Medical Licensing Examination. |
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94 | 94 | | 65 (iv) “Massachusetts physician shortage area” shall mean a geographic region or |
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95 | 95 | | 66population in the commonwealth experiencing a shortage of physicians, especially primary care |
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96 | 96 | | 67physicians or psychiatrists, relative to population and need. |
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97 | 97 | | 68 (v) “Participating healthcare facility” shall mean a federally-qualified health center, |
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98 | 98 | | 69community health center, hospital, or other healthcare facility approved by the board that |
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99 | 99 | | 70provides an assessment and evaluation program designed to develop, assess, and evaluate an |
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100 | 100 | | 71internationally-trained physician’s non-clinical skills, according to criteria developed or |
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101 | 101 | | 72approved by the board; provided, however, that the participating healthcare facility provides |
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102 | 102 | | 73medical care in a Massachusetts physician shortage area. 5 of 6 |
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103 | 103 | | 74 (2) For the purposes of this subsection, the Massachusetts health care workforce center or |
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104 | 104 | | 75its equivalent in the department of public health shall assist the board in determining the regions |
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105 | 105 | | 76or populations comprising a Massachusetts physician shortage area. |
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106 | 106 | | 77 (3) The board shall issue a limited license to an applicant if the participating facility and |
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107 | 107 | | 78the applicant submit evidence acceptable to the board that the applicant: |
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108 | 108 | | 79 (i) is an internationally-trained physician; |
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109 | 109 | | 80 (ii) has a valid certificate issued by the Commission or other credential evaluation service |
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110 | 110 | | 81approved by the board, provided, however, that the board may waive such certification at its |
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111 | 111 | | 82discretion where the applicant is unable to obtain the required documentation from a non- |
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112 | 112 | | 83cooperating country; |
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113 | 113 | | 84 (iii) has achieved a passing score on Step 1 and Step 2-Clinical Knowledge (CK) of the |
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114 | 114 | | 85Licensing Exam; |
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115 | 115 | | 86 (iv) has entered into an agreement with the participating facility providing that the facility |
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116 | 116 | | 87shall develop, assess and evaluate the applicant’s familiarity with non-clinical skills and |
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117 | 117 | | 88standards appropriate for medical practice in the commonwealth, according to assessment and |
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118 | 118 | | 89evaluation criteria developed or approved by the board; |
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119 | 119 | | 90 (v) shall enter a full-time full employment relationship with the participating facility after |
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120 | 120 | | 91the board issues a limited license to practice medicine to the applicant; and |
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121 | 121 | | 92 (vi) has satisfied other criteria that may be developed by the board in fulfillment of this |
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122 | 122 | | 93subsection. |
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123 | 123 | | 94 (4) The 1-year limited license may be renewed no more than once. 6 of 6 |
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124 | 124 | | 95 (5) An internationally-trained physician who provides the board with proof of (i) |
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125 | 125 | | 96successful completion of the participating facility’s assessment and evaluation program, (ii) a |
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126 | 126 | | 97passing score on Step 3 of the Licensing Exam, and (iii) any additional prerequisites that the |
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127 | 127 | | 98board may require, shall be eligible to apply for a renewable 2-year restricted license to practice |
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128 | 128 | | 99medicine only in a Massachusetts physician shortage area designated by the board; provided, |
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129 | 129 | | 100however, that any additional prerequisites for eligibility shall not include post-graduate clinical |
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130 | 130 | | 101training, and that the restricted license shall authorize the holder to practice independently in a |
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131 | 131 | | 102primary care specialty, psychiatry, or other specialty approved by the board. After 2 years of |
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132 | 132 | | 103restricted practice, the internationally-trained physician shall be eligible to apply for a full, |
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133 | 133 | | 104unrestricted license to practice medicine. The 2-year restricted license may be renewed no more |
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134 | 134 | | 105than once. |
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