Report Title:

Physician Licensing; Canadian and Foreign Graduates

Description:

Allows licensure of applicants who served a residency in a program approved by the Royal College of Physicians and Surgeons of Canada; clarifies licensure requirements that foreign applicants for an MD license have at least two years of residency in a program accredited by the Royal College of Physicians and Surgeons of Canada, or if outside of Canada, a program substantially equivalent.

HOUSE OF REPRESENTATIVES

H.B. NO.

2092

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO MEDICINE AND SURGERY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that existing statutory requirements for licensure to practice medicine or surgery in Hawaii, under section 453-4(b), Hawaii Revised Statutes (HRS), provides that an applicant who (1) is a graduate of a medical school or college accredited by the Liaison Committee on Medical Education, complete a residency program accredited by the Accreditation Council for Graduate Medical Education, or (2) is a graduate of a foreign medical school have at least two years of residency in a program accredited by the Accreditation Council for Graduate Medical Education. However, the Accreditation Council for Graduate Medical Education accredits only residency programs in the United States.

The legislature also finds that section 453-4(b), HRS, limits qualified applicants to those who complete an accredited residency program in the United States. The legislature further finds that the statutory restriction denies licensure to many highly qualified foreign medical school graduates who have completed foreign residency programs that are at least equivalent to American medical schools and residency programs.

The legislature further finds that the Royal College of Physicians and Surgeons of Canada, a medical accreditation body, has equivalent standards to the Accreditation Council for Graduate Medical Education and actually seats two members of the United States' Accreditation Council on Graduate Medical Examination in order to ensure equivalent standards.

According to the Hawaii Board of Medical Examiners, a situation has recently been brought to its attention that many physicians in Hawaii are currently practicing without having met the criteria under existing law, due to an oversight by the Board. Several of these physicians have been long recognized as highly respected physicians in Hawaii. The legislature further finds that investigation into and revocation of their licenses could result in a severe disruption in the delivery of health care in this State.

The purpose of this Act is to clarify the statutory requirements for foreign medical school graduates to obtain a license to practice medicine and surgery in Hawaii.

SECTION 2. Section 453-4, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Before any applicant shall be eligible for licensure, the applicant shall furnish proof satisfactory to the board that:

(1) The applicant is of demonstrated competence and professional knowledge;

(2) (A) The applicant is a graduate of a medical school or college whose program leading to the M.D. degree is accredited by the Liaison Committee on Medical Education, and has served a residency of at least one year in a program which has been accredited for the training of resident physicians by the Accreditation Council for Graduate Medical Education[,] or the Royal College of Physicians and Surgeons of Canada, or if outside the United States[,] or Canada, in a program which is shown by the applicant to the satisfaction of the board to possess standards substantially the equivalent of those required for accreditation by the Accreditation Council for Graduate Medical Education; or the Royal College of Physicians and Surgeons of Canada; or

(B) The applicant is a graduate of a foreign medical school and has had at least two years of residency in a program accredited by the Accreditation Council for Graduate Medical Education[,] or by the Royal College of Physicians and Surgeons of Canada, as applicable, or if the program is outside of the United States or Canada, in a program that is shown by the applicant to the satisfaction of the board to possess standards substantially equivalent to those required for accreditation by the Accreditation Council for Graduate Medical Education or the Royal College of Physicians and Surgeons of Canada; and:

(i) Holds the national certificate of the Educational Commission for Foreign Medical Graduates, or its successor; or

(ii) Holds the certificate of the Fifth Pathway Program of the American Medical Association;

provided that for a period of two years after June 26, 1990, the requirements of subsection (b)(2)(B)(i) and (ii) shall not apply to any applicant who has had four years of residency in a program accredited by the Accreditation Council for Graduate Medical Education."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval, and shall take effect retroactive to                     .

INTRODUCED BY:

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