Wisconsin Legislative Council ACT 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 Prepared by: Kelly McGraw, Staff Attorney April 12, 2024 2023 Wisconsin Act 214 [2023 Assembly Bill 954] Provisional Licenses for International Physicians BACKGROUND Generally, no person may practice medicine and surgery, or attempt to do so or make a representation as authorized to do so, without a license to practice medicine and surgery granted by the Medical Examining Board. An applicant for a license to practice medicine and surgery who is a graduate of a foreign medical college must meet certain requirements. The board may promulgate rules specifying circumstances in which the board, in cases of hardship or in cases in which the applicant possesses a medical license issued by another jurisdiction, may grant a waiver from any requirement. 2023 WISCONSIN ACT 214 2023 Wisconsin Act 214 creates a provisional license to practice medicine and surgery for internationally trained physicians. The board may grant a provisional license to practice medicine and surgery for international physicians to an applicant who satisfies the requirements in the act. A provisional license is separate from preexisting license options for a graduate of a foreign medical college and or in cases of hardship. The holder of a provisional license may practice medicine and surgery only under the supervision of certain licensed physicians. A provisional license to practice medicine and surgery converts into a license to practice medicine and surgery after the provisional license holder practices medicine and surgery full-time in Wisconsin and maintains good standing for three consecutive years. Applicant Requirements An applicant for a provisional license to practice medicine and surgery for international physicians must supply evidence to the board that the applicant satisfies all of the following: 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 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 or otherwise authorized 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. - 2 - 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 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 obtained certification by the Educational Council for Foreign Medical Graduates or another evaluation entity approved by the board. 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. 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. Provisional License Holder Requirements Additionally, every six months or upon request of the board, 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 Wisconsin and whether the license holder has been subjected to professional discipline as a result of the license holder’s practice. 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. 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 Wisconsin by an employer described in the act. The holder of the license must be granted an opportunity to be heard prior to the board’s determination. Effective date: January 1, 2025 For a full history of the bill, visit the Legislature’s bill history page. KAM:ksm