SB1271 - 551R - S-Health and Human Services

Strike everything after the enacting clause and insert:

"Section 1. Title 32, chapter 13, article 2, Arizona Revised Statutes, is amended by adding section 32-1432.04, to read:

START_STATUTE32-1432.04. Medical graduate transitional training permits; requirements

A. The board or, if delegated, the executive director of the board shall grant a one-year transitional training permit to a graduate of an allopathic school of medicine who is not otherwise eligible to apply for a license to practice or a training permit pursuant to section 32-1432.02 or 32-1432.03 in this state if the applicant meets both of the following conditions:

1. Either:

(a) Within a two-year period immediately preceding initial application for a transitional training permit, was qualified to submit, and submitted, a valid application to an accredited internship or residency program but was not selected for a position.

(b) Was selected for a position described in subdivision (a) of this paragraph but ended participation in the program before completion for a reason that would not be considered grounds for disciplinary action pursuant to section 32-1451.

2. Successfully completed steps one and two of the United States medical licensing examination or equivalent exams.

B. The transitional training permit may be renewed for two additional one-year periods if the permittee, in the year preceding an application for renewal, submits a valid application to an accredited internship or residency program and is not selected for a position. a permittee may not hold a permit for an aggregate time period of more than thirty-six months.

C. The training permit limits the permittee to function only within the supervised setting of an entity that is either:

1. Licensed pursuant to title 36, chapter 4 as an assisted living facility, behavioral health facility, dialysis center, hospice service agency, hospital, freestanding urgent care center, long-term care facility, nursing care institution, outpatient surgical center, recovery care center or residential care institution.

2. A facility operated by or for any federally recognized American Indian tribe, the Indian health service, the United States veterans administration, a prison, a school or university, A COMMUNITY HEALTH CENTER or a federally qualified health center.

D. A supervising entity shall:

1. Provide to the permittee ongoing clinical training related to the services that may be delegated to the permittee.

2. Ensure that the permittee participates in at least sixty hours per one-year period of continuing medical education programs approved by the board.

3. Be responsible for all aspects of the performance of a person granted a permit pursuant to this section.

4. Ensure that the health care tasks performed by a person issued a permit pursuant to this section are within the permittee's scope of training, experience and competence and have been properly delegated by the supervising entity.

5. Ensure that every clinical encounter is overseen or reviewed by a licensed physician and that such oversight or review is documented.

6. Ensure that in clinical or other patient encounters the permittee is clearly identified as a medical graduate in training.

7. Define the employment or contractual relationship with the permittee, including terms of compensation and benefits, billing and reimbursement and liability coverage.

8. Establish and document a process for evaluating the permittee's performance.

E. A supervising entity may delegate to a permittee the performance of medical tasks that are of a nature typically delegated in an accredited internship or residency program, including the ability to provide delegated telehealth services that are of a similar nature, if all other conditions prescribed in this section are met.

F. Before employing or contracting with a permittee, a supervising entity shall file a document with the department of health services outlining the types and extent of training the entity plans to provide to permittees and the scope of medical tasks the entity plans to delegate to permittees.

G. Before the board issues or renews a training permit under this section, the applicant or renewing permittee shall comply with the applicable registration requirements of this article and pay the fee, which shall be the same as the fee prescribed for an approved internship pursuant to section 32-1436.

H. Accredited internship or residency programs operating within this state at institutions that employ or contract with permittees described in this section may develop a mechanism to recognize clinical experience gained by a permittee at the same institution as satisfying relevant accredited program requirements if the same permittee is subsequently placed in such accredited programs at the institution and the experience meets applicable standards set by accrediting entities.

I. This section does not require any entity to create a program described in this section.

J. A permittee under this section is subject to the disciplinary regulation of article 3 of this chapter.END_STATUTE

Sec. 2. Title 32, chapter 17, article 2, Arizona Revised Statutes, is amended by adding section 32-1829.01, to read:

START_STATUTE32-1829.01. Osteopathic graduate transitional training permit; requirements

A. The board or, if delegated, the executive director of the board shall grant a one-year transitional training permit to a graduate of an osteopathic school of medicine who is not otherwise eligible to apply for a license to practice or a training permit pursuant to section 32-1829 or 32-1830 in this state if the applicant meets both of the following conditions:

1. Either:

2. Successfully completed steps one and two of the United States medical licensing examination or equivalent steps of the comprehensive osteopathic medical licensing examination.