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Rule Title: APPLICATIONS - EXPEDITED LICENSURE
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Department: LABOR AND INDUSTRY
Chapter: MONTANA STATE BOARD OF MEDICAL EXAMINERS
Subchapter: Medical Examiners - Licensure
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.156.603    APPLICATIONS - EXPEDITED LICENSURE

(1) Application forms will be provided to an applicant in accordance with the requirement of 37-3-305, MCA, and all of the requirements set forth in 37-3-101 through 37-3-405, MCA.

(2) When an application contains information including, but not limited to, criminal matters, malpractice history, or irregularities in medical education or practice, the board may make an independent investigation to determine whether the applicant has the qualifications necessary to be licensed, and whether the applicant's behavior constitutes unprofessional conduct under 37-1-316, MCA, or ARM 24.156.625. The board may require such applicant to release any information or records pertinent to the board's investigation. The board shall require the applicant to furnish information from all states in which the applicant has previously been licensed.

(3) An applicant who has not engaged in the active clinical practice of medicine for the two or more years preceding his or her application must meet the requirements set forth in ARM 24.156.618.

(4) A board-certified physician who has been licensed for at least five years immediately preceding the application in at least one other state, the District of Columbia, a U.S. territory, or a Canadian province, and who has been in active clinical practice for all of those five years, and has no disciplinary or medical malpractice cases pending, settled, or adjudicated against the physician during the five years of practice immediately preceding the application, and no more than one malpractice claim, settlement, or judgment resulting in a payment exceeding $50,000 in the ten years immediately preceding the application, may apply for a license on an expedited basis.

(5) An applicant for a license on an expedited basis shall:

(a) submit a completed application on a form approved by the board;

(b) attest under oath on a form provided by the department that the information on the application is true and complete, and that falsification of any information is grounds for license denial or revocation;

(c) submit a signed release on a form provided by the department authorizing the release to the board of all information pertaining to the application;

(d) submit documentation of legal name change, if applicable;

(e) provide verification that the applicant has held an active, unrestricted license to practice medicine for at least five years immediately preceding the application;

(f) submit evidence of active clinical practice providing patient care for an average of 20 hours or more per week for the five years immediately preceding the application;

(g) provide verification of certification or recertification within the past ten years by an American Board of Medical Specialties (ABMS)- or an American Osteopathic Association (AOA)-approved specialty board, or be a Certificant of the College of Family Physicians of Canada (CCFP), a Fellow of the Royal College of Physicians (FRCP), or a Fellow of the Royal College of Surgeons (FRCS);

(h) pay to the board a nonrefundable fee of $325; and

(i) supply any additional information the board deems necessary to evaluate the applicant's qualifications.

(6) The board shall independently verify information from the American Medical Association (AMA) Physician Profile, or, if the applicant is an osteopathic physician, from the American Osteopathic Association (AOA) Physician Profile, the Federation of State Medical Boards (FSMB) and the National Practitioner Data Base (NPDB) in order to expedite licensing.

(7) A physician who has any of the following is not eligible to apply for a license on an expedited basis:

(a) professional liability insurance claims(s) or payments(s) in the five years immediately preceding the application or more than one such claim, settlement or judgment resulting in a payment exceeding $50,000 in the ten years immediately preceding the application;

(b) criminal convictions or pending criminal charges other than motor vehicle violations or misdemeanors resulting in a fine of more than $100;

(c) medical conditions which could affect the physician's ability to practice safely, including addiction to or intemperate use of addictive substances;

(d) regulatory board or licensing board complaints, investigations, or actions, including withdrawal of a license application;

(e) investigations or adverse actions, including denial, restriction, suspension, revocation, expulsion from or termination of hospital, clinic, or surgical center privileges, taken by a hospital, institutional staff, medical school, federal agency, or the U.S. military; or

(f) has graduated from a U.S. or Canadian medical school that is not Liaison Committee on Medical Education (LCME)-approved or Committee on Accreditation of Canadian Medical Schools (CACMS)-approved, or has graduated from a foreign medical school.

(8) An applicant who is found to be ineligible for licensing on an expedited basis will be informed by the board that the applicant is not eligible and the application will be processed on a nonexpedited basis.

History: 37-1-131, 37-3-203, MCA; IMP, 37-1-131, 37-3-101, 37-3-202, 37-3-305, 37-3-306, 37-3-309, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2013 MAR p. 1695, Eff. 9/20/13.


 

 
MAR Notices Effective From Effective To History Notes
24-156-78 9/20/2013 Current History: 37-1-131, 37-3-203, MCA; IMP, 37-1-131, 37-3-101, 37-3-202, 37-3-305, 37-3-306, 37-3-309, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10; AMD, 2013 MAR p. 1695, Eff. 9/20/13.
24-156-73 5/14/2010 9/20/2013 History: 37-1-131, 37-3-203, MCA; IMP, 37-1-131, 37-3-101, 37-3-202, 37-3-309, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471; AMD, 2010 MAR p. 1187, Eff. 5/14/10.
11/23/1995 5/14/2010 History: 37-3-203, MCA; IMP, 37-3-101, 37-3-202, 37-3-309, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1992 MAR p. 1607, Eff. 7/31/92; AMD, 1995 MAR p. 2480, Eff. 11/23/95; TRANS, from Commerce, 2001 MAR p. 1471.
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