Patient Access Expansion Act

Patient Access Expansion Act

Summary

This act prohibits the state from requiring any form of the Federation of State Medical Boards’ proprietary Maintenance of Licensure program, including any Maintenance of Licensure program tied to Maintenance of Certification, as a condition of medical licensure, and additionally prohibits the state from requiring Specialty Medical Board Certification and Maintenance of Certification in order to practice medicine within the state. This act also prohibits state medical boards, and any agencies or facilities accepting state funding, from discriminating against physicians who do not maintain specialty medical board re-certification. This act in no way is intended to discourage lifelong learning or continuing medical education, and does not change the current status of physician licensure.

Model Policy

Section 1. Title. This Act shall be known as the “Patient Access Expansion Act.

Section 2. Definitions.

(A) As used in this Act:

(1) “Maintenance of Licensure” means the Federation of State Medical Boards’ proprietary framework for physician license renewal, including additional periodic testing other than Continuous Medical Education. State medical boards currently do not require Maintenance of Licensure.

(2) “Continuous Medical Education” means continued postgraduate medical education intended to provide medical professionals with knowledge of new developments in their field.

(3) “Specialty Medical Board Certification” means certification by a board that specializes in one particular area of medicine and typically requires additional and more strenuous exams than state boards of medicine requirements to practice medicine.

(4) “Maintenance of Certification” means any process requiring periodic re-certification examinations to maintain Specialty Medical Board Certification.

Section 3. Prohibition of Maintenance of Licensure.

The state of {insert state} is prohibited from requiring any form of Maintenance of Licensure as a condition of physician licensure, including requiring any form of Maintenance of Licensure tied to Maintenance of Certification. Current requirements, including Continuous Medical Education, shall suffice to demonstrate professional competency.

Section 4. Prohibition of Maintenance of Certification to Practice Medicine.

The state of {insert state} is prohibited from requiring any form of Specialty Medical Board Certification and any Maintenance of Certification to practice medicine within the state. Within the state, there shall be no discrimination by the {insert state medical board}, or any other agency or facility which accepts state funds, against physicians who do not maintain Specialty Medical Board Certification, including re-certification.

Section 5. Severability Clause.

Section 6. Repealer Clause.

Section 7. Effective Date.

Approved by the ALEC Board of Directors July 1, 2014.

Keyword Tags: 2014 STFS, Health and Human Services Task Force