Wisconsin Legislative Council AMENDMENT MEMO One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc Memo published: February 19, 2024 Contact: Kelly McGraw, Staff Attorney 2023 Assembly Bill 954 Assembly Substitute Amendment 1 and Assembly Amendment 1 to Assembly Substitute Amendment 1 2023 ASSEMBLY BILL 954 2023 Assembly Bill 954 creates a provisional license to practice medicine and surgery for international physicians. The Medical Examining Board (MEB) may grant a provisional license to an applicant who satisfies the provisional license applicant requirements. An applicant for a provisional license must supply evidence to the board that the applicant satisfies all of the following: The applicant has an offer for employment as a physician in this state. The applicant has been granted a medical doctorate or a substantially similar degree by an international medical program. The applicant has completed a residency program or a postgraduate medical training program that is substantially similar to a residency program. The applicant has practiced as a fully licensed physician in his or her country of practice for at least five years after completing a residency program or a postgraduate medical training program that is substantially similar to a residency program. The applicant has been in good standing with the medical licensing or regulatory agency of his or her country of practice for the five years preceding the individual’s application and does not have any pending disciplinary action before the medical licensing or regulatory agency. The applicant has passed all steps of the U.S. Medical Licensing Examination administered by the National Board of Medical Examiners and the Federation of State Medical Boards, or their successor organizations. The applicant has, or will have prior to working as a physician in this state, a federal immigration status and employment authorization that enables the applicant to work as a physician in this state. The applicant possesses basic fluency in the English language. The board may suspend or revoke a provisional license if a majority of the board determines that the holder of the license is no longer employed as a physician in this state. The holder of the license must be granted an opportunity to be heard prior to the board’s determination. A provisional license must be converted into a license to practice medicine and surgery after the provisional license holder practices medicine and surgery full-time in this state and maintains good standing for three consecutive years. Regarding physician assistants, 2023 Assembly Bill 954 specifies that a physician assistant license requirement on education does not apply to an applicant who provides evidence satisfactory to the - 2 - Physician Assistant Affiliate Credentialing Board that the applicant is licensed as a physician assistant or physician associate in a qualified country, that the applicant is in good standing with the licensing or regulatory institution in the qualified country, that the applicant can speak fluently in the English language, and that the applicant is lawfully admitted to work as a physician assistant in the United States. Qualified country means a country that the board determines by rule has set educational requirements for obtaining a license to practice as a physician assistant or physician associate in that country that are substantially equivalent to the educational requirements for licensure as a physician assistant. ASSEMBLY SUBSTITUTE AMENDMENT 1 Assembly Substitute Amendment 1 adds restrictions to the use of and requirements to the application for a provisional license to practice medicine and surgery for international physicians. The amendment restricts a holder of a provisional license to practice medicine and surgery only under the supervision of a physician who is licensed to practice medicine and surgery. In addition to the provisional license applicant requirements in 2023 Assembly Bill 954, the substitute amendment requires an applicant for a provisional license to supply evidence to the MEB that the applicant satisfies all of the following requirements: The applicant has an offer for full-time employment as a physician in this state from a federally qualified health center, a community health center, a hospital, an ambulatory surgical center, or any other health care facility approved by the board. The applicant has practiced continuously as a physician in his or her country of practice for at least one out of the five years immediately preceding the date that the applicant submits an application for a provisional license. The applicant has obtained certification by the Educational Council for Foreign Medical Graduates, a successor organization, or another evaluation entity approved by the board. Assembly Substitute Amendment 1 also specifies that the board may promulgate rules to define “substantially similar” for provisional license applicant requirements. Additionally, under Assembly Substitute Amendment 1, the holder of a provisional license must submit to the board a statement certifying whether the license holder is still employed as a physician in this state and whether the license holder has been subjected to professional discipline as a result of the license holder’s practice every six months or upon the request of the MEB. If the license holder has been subject to professional discipline, the license holder must submit to the board a description of the circumstances of the discipline. Finally, Assembly Substitute Amendment 1 includes the same physician assistant licensure provision in 2023 Assembly Bill 954. ASSEMBLY AMENDMENT 1 TO ASSEMBLY SUBSTITUTE AMENDMENT 1 Assembly Amendment 1 to Assembly Substitute Amendment 1 removes the provision in Assembly Substitute Amendment 1 on physician assistant licensure. BILL HISTORY Representative Callahan offered Assembly Substitute Amendment 1 on February 9, 2024. Representative Callahan also offered Assembly Amendment 1 to Assembly Substitute Amendment 1 on - 3 - February 13, 2024. On February 14, 2024, the Assembly Committee on Health, Aging and Long-Term Care voted to recommend adoption of Assembly Amendment 1 to Assembly Substitute Amendment 1, Assembly Substitute Amendment 1, as amended, and passage of the bill, as amended, on votes of Ayes, 15; Noes, 0. For a full history of the bill, visit the Legislature’s bill history page. KAM:ksm