243 CMR, § 2.02 - Initial Licensure for Graduates of Medical Schools in the US, Canada, and Puerto Rico
(1)
Prerequisites to Initial Licensure. The Board shall
determine whether an applicant is qualified, competent and of good moral
character to hold a full active license to practice medicine. In order to
qualify for a full medical license, an applicant shall meet all of the
following minimum requirements for licensure:
(a) Be 18 years of age or older;
(b) Possess Good Moral Character;
(c) Have Premedical Education as described in
243 CMR 2.02(2)(a);
(f) Pass a Professional Examination as
described in 243 CMR 2.02(3) or (4);
(g) Complete Pain Management Training, as
described in M.G.L. c. 94C, § 18;
(h) Participate in a Risk Management Program
as described in M.G.L. c. 112, § 5;
(i) Agree to refrain from balance billing
Medicare recipients, if the applicant has agreed to treat Medicare recipients,
as provided in M.G.L. c. 112, § 2;
(j) Sign and swear to the contents of his or
her Licensing Application;
(l) Demonstrate Proficiency in Electronic
Health Records, as required by M.G.L. c. 112, § 2;
(m) Obtain professional liability malpractice
insurance of at least $100,000/$300,000 coverage amounts, as provided in
243 CMR
2.07(16), if providing
patient care in the Commonwealth;
(n) Certify that he or she is in compliance
with the laws of the Commonwealth relating to taxes, the reporting of employees
and independent contractors, and the withholding and remitting of child
support, pursuant to M.G.L. c. 62C, § 49A;
(o) Complete Domestic Violence and Sexual
Violence Training;
(p) Apply for or
participate in MassHealth, either as a provider of services or as a nonbilling
provider for the limited purpose of ordering and referring services covered
under MassHealth, and provided that regulations governing such limited
participation are promulgated under M.G.L. c. 118E; and
(q) Complete Child Abuse and Neglect
Training.
(2)
Procedure for Obtaining an Initial Full License for Graduates of
Medical Schools in the United States, Canada and the Commonwealth of Puerto
Rico. In order to qualify for a full medical license, an applicant
shall meet the prerequisites to licensure in 243 CMR 2.02(1) and the following
requirements, in addition to other requirements for licensure as set forth in
243 CMR 2.00 and M.G.L. c. 112.
(a)
Premedical Education. An applicant shall have
completed a minimum of two or more academic years at a legally chartered
college or university. Such premedical training shall include courses in
biology, inorganic chemistry, organic chemistry and physics, or their
equivalent as determined by the Board.
(b)
Medical
Education. An applicant for an initial full license shall have
completed and attended for four academic years of instruction, of not less than
32 weeks in each academic year, or courses which in the opinion of the Board
are equivalent thereto, in one or more legally chartered medical schools, and
have received the degree of doctor of medicine from a medical school accredited
by the LCME, or a doctor of osteopathy degree from an osteopathic school
accredited by the AOA.
(c)
Postgraduate Medical Training. Each applicant for a
full license, whose application is received by the Board on or after February
1, 2012, must have completed two years of postgraduate medical training in an
ACGME or AOA approved, or accredited Canadian program. In the case of
sub-specialty clinical fellowship programs, however, the Board may accept
postgraduate training in a hospital that has an ACGME or AOA approved, or
accredited Canadian, postgraduate medical training program in the primary
specialty. In its discretion, the Board may consider an applicant who has
completed one year of ACGME or AOA approved, or accredited Canadian,
postgraduate training and who:
1. Holds a
current, active, unrestricted full medical license in another state;
2. Demonstrates continuous clinical activity;
and
3. Is board certified by either
ABMS or AOA.
(d)
Examination. An applicant for full licensure shall
fulfill the examination requirements for licensure as set forth in 243 CMR
2.02(3) or (4), whichever applies; and
(e)
Pain Management
Training. Applicants who prescribe controlled substances shall, as
a prerequisite to obtaining or renewing a medical license, complete appropriate
Pain Management Training and opioid education, according to M.G.L. c. 94C,
§ 18 and 243 CMR 2.00. Pain Management Training shall consist of at least
three credits of Board-approved continuing medical education and may be used
toward the required ten credits of risk management training.
(f)
EHR Proficiency
Requirement.
1.
Demonstrating EHR Proficiency. An applicant for an
initial full license must demonstrate proficiency in the use of electronic
health records (EHR), as required by M.G.L. c. 112, § 2. An applicant
shall demonstrate proficiency in the use of EHR once, and in one of the
following ways:
a. Participation in a
Meaningful Use program as an eligible professional;
b. Employment with, credentialed to provide
patient care at, or in a contractual agreement with an eligible hospital or
critical access hospital with a CMS Meaningful Use program;
c. Participation as either a Participant or
an Authorized User in the Massachusetts Health Information Highway;
d. Completion of three hours of a Category 1
EHR-related CME course that discusses, at a minimum, the core and menu
objectives and the CQMs for Meaningful Use. These three EHR credits may be used
toward the required ten risk management CME credits.
2.
Exemptions.
Exemptions must be claimed each licensing cycle if applicable. The following
are exempt from the requirement to demonstrate EHR Proficiency:
a. An applicant who will not be engaged in
the practice of medicine as defined in
243 CMR
2.01(4);
b. An applicant for an Administrative
License;
c. An applicant for a
Volunteer License;
d. An applicant
on active duty as a member of the National Guard or of a uniformed service
called into service during a national emergency or crisis; or
e. An applicant for an Emergency Restricted
License.
(g)
Participating in a Risk Management Program. The
applicant shall agree to participate in a risk management program as a
condition of licensure, as required by M.G.L. c. 112, § 5 and 243 CMR
3.00: The Establishment of and Participation in Qualified Patient Care
Assessment Programs, Pursuant to M.G.L. c. 112, § 5, and M.G.L. c. 111,
§ 203. The applicant must agree to participate in a risk
management program that meets or exceeds the rules, procedures and standards
set forth in 243 CMR 3.00.
(h)
Prohibition on Balance Billing of Medicare
Beneficiaries. The applicant shall agree, if he or she agrees to
treat Medicare beneficiaries, that he or she shall accept as payment in full
the Medicare fee schedule amount for the services performed, and shall not
balance bill a Medicare beneficiary as provided in M.G.L. c. 112, § 2, and
243 CMR
2.07(15).
(i)
Mandatory Medical Malpractice
Insurance. Whenever an applicant renders direct or indirect
patient care in Massachusetts, he or she shall maintain professional liability
insurance in an amount of at least $100,000 per claim, $300,000 minimum annual
aggregate, pursuant to
243 CMR
2.07(16).
1. Pursuant to
243 CMR
2.07(16), coverage may be on
an individual or shared limit basis. Coverage shall be continued until the
expiration of any relevant statutes of limitations relevant to the events or
occurrences covered.
2. The
following licensees are not subject to the medical malpractice insurance
requirement:
a. Licensees with no direct or
indirect responsibility for patient care in the Commonwealth; or
b. Licensees whose patient care in the
Commonwealth is limited to professional services rendered at or on behalf of
federal, state, county or municipal health care facilities; or
c. Limited licensees pursuant to M.G.L. c.
112, § 9.
(j)
Domestic Violence and Sexual
Violence Training. Pursuant to M.G.L. c. 112, § 264,
applicants and licensees shall participate in Domestic Violence and Sexual
Violence Training once as a condition for licensure, renewal, revival or
reinstatement of licensure. The Board, in consultation with the Department of
Public Health, will identify programs or courses of study that meet the
standards required by this provision and provide its licensees with a list of
such programs or courses. This is a one-time training requirement.
(k)
MassHealth
Requirement. Pursuant to M.G.L. c. 112, §§ 2 and 9,
applicants and licensees shall apply to participate in MassHealth, either as a
provider of services or as a non billing provider for the limited purpose of
ordering and referring services in the MassHealth program, as a condition for
licensure, renewal, revival or reinstatement of licensure. A physician who is
not engaged in the practice of medicine is exempt from the MassHealth
requirement. This is a one-time licensing requirement.
(l)
Child Abuse and Neglect
Training. Pursuant to M.G.L. c. 119, § 51A(k), applicants and
licensees shall complete training in recognizing and reporting suspected child
abuse and neglect. Physicians may comply with the training requirement by:
receiving training in child abuse and neglect assessment in medical school
education or postgraduate training; completing a hospital-sponsored training
program in recognizing the signs of child abuse and neglect; completing CME in
identifying and reporting child abuse and neglect; completing a Board-approved
online training program or completing a specialized certification. This is a
one-time training requirement.
(m)
Compliance with Tax Laws. Pursuant to M.G.L. c. 62C,
§ 49A, the applicant for a license to practice medicine shall certify,
upon penalties of perjury, that he or she has complied with all the laws of the
Commonwealth relating to taxes, the reporting of employees and contractors, and
the withholding and remitting of child support. The commissioner of the
department of revenue shall notify the board of any returns due or any taxes
payable for an applicant.
1. Upon reasonable
cause, the commissioner of the department of revenue may issue a waiver of the
certification requirement in M.G.L. c. 62C, § 49A.
2. The existence of a non-frivolous appeal of
an unfiled tax return or a tax due or an overdue child support assessment, or
the existence of a payment agreement with the department of revenue with which
the applicant is fully compliant, shall not prevent the issuance of the full
license.
3. The commissioner of the
department of revenue shall confirm for the Board when the applicant is in good
standing with respect to returns due or taxes payable.
(n)
Certificate of
Registration. If the Board determines that an applicant is
qualified, competent and of good moral character, such applicant will be
registered as a licensed physician and entitled to a certificate in testimony
thereof signed by the chair and secretary.
(3)
Examination
Requirements.
(a)
Conduct Prior to and During an Examination. Applicants
who engage in the conduct described in 243 CMR 2.02(3)(a)1. through 3. shall
have their test materials confiscated, shall be denied permission to complete
the examination and shall be required to leave the examination room:
1. Removing test materials from the
examination room; reproducing in any manner or aiding in the reproduction of
test materials; selling, distributing, buying or having unauthorized possession
of test materials; or
2.
Communicating with any other examinee during the exam; copying answers or
permitting answers to be copied; having in one's possession, during the
examination, any material other than the examination materials; failure to obey
instructions to stop working or starting an examination prior to being
authorized to do so; or
3.
Falsifying or misrepresenting educational credentials or other information
required for admission to the exam; having another person take the exam on
one's behalf.
(b)
Examinations Completed January 1, 2000 or Later. An
applicant for an initial full license, except those who satisfy the
requirements of 243 CMR 2.02(3)(c), must submit evidence, including
certification by the examining body, of having achieved a passing score on each
of Steps 1, 2, and 3 of the USMLE, or received a passing score on each of the
three levels of NBME's COMLEX exam, within a seven-year time period, beginning
with the examination date when the examinee first passes a step of either exam.
An applicant for an initial full license must submit evidence of having
successfully completed all parts of the MCCQE.
(c)
The Seven-year
Rule An applicant who fails to pass Step 3 of the USMLE, or level
3 of the COMLEX, within three attempts, shall be required to take one
additional year of ACGME or AOA approved postgraduate training between the
third and fourth attempt. If the applicant did not complete an additional year
of ACGME or AOA approved postgraduate training between the third and fourth
attempt at Step 3 or level 3, the applicant is not eligible for Massachusetts
licensure.
If an applicant for licensure fails to pass Step 1 of the USMLE or Level 1 of the COMLEX after four attempts, the applicant is not eligible for Massachusetts licensure. No waiver is available to any candidate that did not pass Step 1 of the USMLE or Level 1 of the COMLEX on the fourth attempt.
If an applicant for licensure fails to pass Step 2 of the USMLE or Level 2 of the COMLEX after four attempts, the applicant is not eligible for Massachusetts licensure. No waiver is available to any applicant that did not pass Step 2 of the USMLE or Level 2 of the COMLEX on the fourth attempt.
If an applicant for licensure fails to pass Step 3 of the USMLE or Level 3 of the COMLEX after four attempts, the applicant is not eligible for Massachusetts licensure. No waiver is available to any candidate that did not pass Step 3 of the USMLE or Level 3 of the COMLEX on the fourth attempt.
1.
Joint Degree
Waiver of Seven-year Rule. The Board may grant a waiver of the
seven-year examination completion requirement in the case of an applicant who
is actively pursuing another advanced doctoral study, provided:
a. The applicant requesting a waiver of the
seven-year rule must be enrolled in a LCME accredited program and be a student
in good standing.
b. The Board
shall consider the length of time the applicant is beyond the seven years; a
candidate requesting a waiver of the seven-year rule will be required to
present a verifiable and rational explanation for his or her inability to meet
the seven-year requirement. In no case will a waiver be granted beyond a total
period of ten years for completion of all three steps of the USMLE.
2.
Other Reasons for
Requesting a Waiver of the Seven-year Rule. In very limited and
extraordinary circumstances, the Board, subject to any policies or guidelines
that may be adopted and in effect on the date of the waiver petition, may grant
a case-by-case exception to the seven-year period upon petition by an applicant
for licensure and demonstration by the applicant of:
a. A verifiable and rational explanation for
the failure to satisfy the regulation;
b. Strong academic and post-graduate record;
and
c. A compelling totality of
circumstances.
(4)
Examinations Completed before
January 1, 2000. Applicants may submit evidence, including
certification by the examining body, of having achieved scores acceptable to
the Board on the following combinations of exams, if satisfactorily completed
before January 1, 2000, in lieu of passing scores on the USMLE
or COMLEX:
(a) Part I of the examination of
the NBME or Step 1 of the USMLE, and Part II of examination of the NBME or Step
2 of the USMLE, and Part III of the examination of the NBME or Step 3 of the
USMLE; or
(b) Both Component 1 and
Component 2 of the FLEX; or
(c) All
parts of the MCCQE; or
(d)
Individual state examinations given prior to June 19, 1970, which are
satisfactory to the Board; or
(e)
Component 1 of the FLEX and Step 3 of the USMLE; or
(f) Component 2 of the FLEX and:
1. Part I and Part II of the examination of
the NBME; or
2. Step 1 and Step 2
of the USMLE; or
3. Part I of the
examination of the NBME and Step 2 of the USMLE; or
4. Step 1 of the USMLE and Part II of the
examination of the NBME.
(5)
FLEX
Requirements.
(a) Beginning with
the June 1985 examination, an applicant who has received the passing score of
75 or higher on Component 1 and 2 has passed the licensing examination. Prior
to the June 1985 examination, an applicant who completed the FLEX in one
sitting and has received a passing grade of a FLEX weighted average of 75% or
higher has passed the licensing examination.
(b) An applicant who applies on the basis of
an examination taken in June 1985 or later must have received a passing score
of 75 or higher on each of the two components and be otherwise qualified. An
applicant who applies on the basis of an examination taken prior to June 1985
must have taken the FLEX in one sitting, must have received a grade of a FLEX
weighted average of 75% or higher and be otherwise qualified.
(6)
Restricted
Licenses.
(a)
Nature
of Restrictions. The Board shall determine whether an applicant is
qualified, competent and of good moral character to hold a restricted license
to practice medicine. An applicant for a license issued under M.G.L. c. 112,
§ 5A shall first satisfy all the applicable prerequisites to licensure
outlined in 243 CMR 2.02(1), except the electronic health records requirement
in 243 CMR 2.02(1)(l) shall not be required. If the Board determines that an
applicant's qualifications and professional training indicate that the Board
should restrict his or her practice of medicine, the Board may issue a license
restricted to any of the following:
1. A
specialty or specified procedures within the specialty in which the applicant
is a diplomate; or
2. A specified
health care facility in which the applicant will practice under the supervision
of a fully licensed specified physician; or
3. Prohibitions on performing certain
procedures or operations, or prohibitions on performing procedures or
operations under certain circumstances; or
4. In any other manner deemed appropriate by
the Board based on the Board's assessment of the applicant's qualifications and
professional training.
(b)
Emergency Restricted License
for a Displaced Physician. The Board may issue an emergency
restricted license to practice to a physician licensed in another state, who
has been displaced from his or her medical practice by reason of a
federally-declared disaster, provided the physician applies for the emergency
restricted license under the sponsorship of a licensed Massachusetts physician.
An emergency restricted license issued for this purpose shall expire no later
than three months after the date of issuance, or upon issuance of a full,
unrestricted license, if sooner. If the Board approves a restricted licensee's
application for a full, unrestricted license, the issue date of the full
unrestricted license shall be the issue date of the emergency restricted
license. An emergency restricted license may be restricted by location,
specialty or any other manner as described in 243 CMR 2.02(6)(a). For purposes
of 243 CMR 2.02(6)(a), a sponsoring physician must have a full, active,
unrestricted Massachusetts license, and must be readily available on a
continuing basis to provide guidance to the applicant regarding his or her
responsibilities under 243 CMR and the statutes of the Commonwealth. Each
restricted licensee shall provide the Board with proof of appropriate insurance
coverage for malpractice claims.
(7)
Limited
Licenses.
(a)
Purpose. Under M.G.L. c. 112, § 9, the Board
issues a limited license to a person who has received an appointment as an
intern, resident or fellow at a health care facility or in a training program
approved by the Board. The Board shall determine whether an applicant is
qualified, competent and of good moral character to hold a limited license to
practice medicine. A limited license enables a person to complete his or her
medical training.
(b)
Prerequisites and Exceptions. Applicants for a Limited
License shall satisfy the requirements of 243 CMR 2.02(1), except the
following:
1. 243 CMR 2.02(1)(e):
Post-graduate Training;
2. 243 CMR 2.02(1)(f): Professional
Examination;
3. 243 CMR
2.02(1)(g): Pain Management Training;
4. 243 CMR 2.02(1)(h): Participating
in a Risk Management Program;
5. 243 CMR 2.02(1)(i): Agreement to
not Balance Bill Medicare Patients;
6. 243 CMR 2.02(1)(l): Demonstration
of Proficiency in Electronic Health Records;
7. 243 CMR 2.02(1)(q): Child Abuse
and Neglect Training..
(c)
Emergency Restricted Limited
License. The Board may issue an emergency restricted limited
license to practice to a person who has been displaced from his or her medical
training by reason of a federally-declared disaster, provided the person has
received an appointment as an intern, resident or fellow at a health care
facility or in a training program approved by the Board, and such program
sponsors the person for the emergency restricted limited license. Applicants
for an Emergency Restricted Limited License shall satisfy the requirements of
243 CMR 2.02(7)(b). An emergency restricted license issued for this purpose
shall expire no later than three months after the date of issuance, or upon
issuance of a limited license, if sooner. If the Board approves a restricted
licensee's application for a limited license, the issue date of the limited
license shall be the issue date of the emergency restricted limited license. An
emergency restricted limited license may be restricted by location, specialty
or any other manner as described in 243 CMR 2.00. For purposes of 243 CMR
2.02(7), a sponsoring training program or health care facility must designate a
physician who is readily available on a continuing basis to provide guidance to
the applicant regarding his or her responsibilities under 243 CMR and the laws
of the Commonwealth. (d) Requirements for a Limited Medical
License. In order to qualify for a limited medical license, an
applicant shall meet the following requirements, in addition to other
applicable requirements for licensure as set forth in 243 CMR 2.00 and relevant
sections of M.G.L. c. 112:
1.
Medical Education. Each applicant for a limited
license must satisfy the degree requirements of 243 CMR 2.02(1)(a) through (d)
or be a graduate of a Fifth Pathway program.
2.
Examination
Requirements. Each applicant for a limited license must submit
evidence of having achieved a passing score on Steps 1 and 2 of the USMLE, or
the first two Levels of the COMLEX exam, or having received a certificate from
the MCCQE.
3.
ECFMG
Certification. International medical graduates, other than
graduates of a Fifth Pathway program, shall submit ECFMG certification valid as
of the date of issuance.
4.
ACGME or AOA Approved Position. Each applicant for a
limited license must submit proof of an appointment to an ACGME or AOA approved
postgraduate training program in Massachusetts, or a fellowship in a
Massachusetts health care facility, which conducts on its premises ACGME or AOA
approved programs.
(8)
Procedure for Issuing a
Limited License. Any applicant who meets all of the requirements
of 243 CMR 2.02(8) to the satisfaction of the Board will be granted a limited
license and is entitled to a certificate of registration signed by the chair
and the secretary of the Board.
(a)
Limited License Is Specific to Training Program. A
limited license authorizes a limited licensee to practice medicine only in the
specified training program. The licensee may only practice at the training
program or at the health care facility designated on the limited license or at
the facility's approved affiliates. Limited licensees may, however, practice
for up to eight weeks in any single year of residency at a non-designated
facility, if that facility is a teaching hospital with three or more ACGME or
AOA accredited programs. A limited licensee may practice medicine only under
the supervision of a full licensee who has been credentialed by the facility
where the limited licensee is practicing pursuant to 243 CMR 2.02(8). The Board
will not issue more than one limited license to a person at a time.
(b)
Report of Disciplinary
Actions to the Board. A health care facility that takes a
disciplinary action against a limited licensee in a training program must
report this action to the Board. In the event that a limited licensee
terminates his or her appointment at a health care facility or his or her
participation in a training program prior to the limited license's expiration
date, or has his or her appointment or participation terminated, the health
care facility designated on the license shall submit to the Board, pursuant to
M.G.L. c. 111, § 53B, a written notice of termination which sets forth the
reasons for the termination and is signed by the director or the administrator
of the health care facility or training program.
(9)
Duration of a Limited
License.
(a)
The
Duration of a Limited License Shall Be One Academic Year. The
Board may, subject to any guidelines that have been adopted by the Licensing
Committee and the Board, issue a limited license for the duration of a
trainee's enrollment in an ACGME or AOA training program. The issuance of a
limited license beyond a total of seven years of practice pursuant to a limited
license may be granted only by a majority vote of the Board.
(b) Nothing in 243 CMR 2.02(9) shall limit
the Board's authority to revoke a limited license at any time in accordance
with M.G.L. c. 112, § 9.
(10)
Restrictions on Billing by
Limited Licensees. In a training program, a full licensee may bill
for the services of a limited licensee, but only if such services are rendered
as part of the training program under the direct supervision of a full
licensee. Except as provided in the preceding sentence, no one may bill for the
services of a limited licensee, but the salary of a limited licensee may
constitute part of a health care facility's service charges.
(11)
Volunteer
License.
(a)
Purpose. In order to encourage physician volunteerism
and to serve the public health, the Board establishes a Volunteer License
category. The Board shall determine whether an applicant is qualified,
competent and of good moral character to hold a volunteer license to practice
medicine. To qualify for a volunteer license, an applicant shall satisfy the
prerequisites for a full initial license as set forth in 243 CMR 2.02(1),
except for 243 CMR 2.02(1)(l). In satisfaction of 243 CMR 2.02(1)(k), the
candidate shall pay a Volunteer License application fee, if one is established
by the secretary of administration and finance pursuant to M.G.L. c. 7, §
3B. The Board may require that the applicant successfully pass a clinical
skills assessment or other professional evaluation of clinical competency. The
Volunteer License is chosen voluntarily by the applicant, and the Board shall
not involuntarily impose this license status on an applicant or licensee.
1.
Serving the Public
Health. As part of the application for a volunteer license, a
candidate shall submit the following information:
a. A written statement from the applicant
outlining the scope and duration of services to be provided by him or
her;
b. A written statement from
the director of the applicant's proposed work site outlining the scope and
duration of the applicant's responsibilities; and
c. Evidence satisfactory to the Board that
the volunteer physician's proposed work will serve the public interest. An
example of work that serves the public interest is treating a medical
population in need that may not otherwise have access to medical
care.
(b)
Issuance of Volunteer License. An applicant who meets
all of the requirements of 243 CMR 2.02(11) to the satisfaction of the Board
will be granted a volunteer license and is entitled to a certificate of
registration signed by the chair and the secretary of the Board.
(c)
Scope of Practice for
Volunteer Status. A licensee engaged in volunteer practice shall
be subject to the same conditions and responsibilities as a full licensee, and
may not accept compensation in any form for his or her practice of
medicine.
(d)
Termination. A volunteer license issued in accordance
with 243 CMR 2.02(11) may be renewed biennially. A volunteer license shall
terminate automatically when it expires upon its expiration date or upon Board
approval of a full license application. A volunteer licensee engaged in patient
care is required to have professional malpractice liability insurance as in 243
CMR 2.02(1)(m).
(e)
Change in License Status.
1.
From Retired to Volunteer
License. A licensee holding a Retired inactive license may apply
to the Board for a change of license status from Retired inactive status to a
Volunteer active license. The licensee shall complete an application for a
Volunteer license. If the licensee has been away from the clinical practice of
medicine for two or more years, the Board may require the completion of a
Board-approved clinical skills assessment program, physician supervision or
monitoring, CMEs, medical education or other such requirements to assist the
licensee in reentering the clinical practice of medicine.
2.
From Full to Volunteer
License. If a physician with a full license wishes to change his
or her license category to a volunteer license, he or she may file a Request
for a Change of License Category with the Board. Such a request may be made at
the time of license renewal or anytime during the license term.
3.
From Volunteer to Full
License. A licensee holding a volunteer license may apply to the
Board for a change of license status from a Volunteer license to a full
license. The licensee shall complete an application for a full license and pay
the difference between the volunteer license application fee and the full
license application fee.
(12)
Administrative
License. The Board shall determine whether an applicant is
qualified, competent and of good moral character to hold an administrative
license to practice medicine. In order to qualify for an administrative
license, an applicant shall satisfy the educational and postgraduate training
requirements for a full license as set forth in at 243 CMR 2.02(1), except for
243 CMR 2.02(1)(g), (l) and (m) and the following requirements:
(a)
General. The
Board may issue an administrative license to an applicant whose primary
responsibilities are those of an administrative or academic nature; such as
professional managerial, administrative, or supervisory activities related to
the practice of medicine or the delivery of health care services or medical
research, the practice of investigative medicine or the administration of
health insurance organizations. The Administrative License status is chosen
voluntarily by the applicant, and the Board shall not involuntarily impose this
license status on an applicant or licensee. An administrative license does not
include the authority to diagnose or treat patients, issue prescriptions for
drugs or controlled substances, delegate medical acts or prescriptive
authority, or issue opinions regarding medical necessity.
(b)
Malpractice Insurance
Requirements. A physician with an administrative license is not
required to have professional malpractice liability insurance.
(c)
Issuance of
License. An applicant who meets all of the requirements of 243 CMR
2.02(1), except for 243 CMR 2.02(1)(g) and (m), to the satisfaction of the
Board will be granted an administrative license and is entitled to a
certificate of registration signed by the chair and the secretary of the
Board.
(d)
Biennial. An administrative license issued in
accordance with 243 CMR 2.02(12) may be renewed biennially. An administrative
license shall terminate automatically upon Board approval of a full license
application.
(e)
Change
in License Status.
1.
From Full to Administrative License. If a physician
with a Full license wishes to change his or her license category to an
Administrative license, he or she may file a request for a Change of License
status with the Board.
2.
From Administrative to Full License. A licensee with
an Administrative license may apply to the Board to change his or her license
status to a Full license upon filing a Request for a Change in License status.
The licensee shall submit a proposed reentry into clinical practice plan, if
applicable, and pay the full license application fee. A reentry into clinical
practice plan will describe the applicant's proposal to resume clinical
practice, his or her continuing professional development, clinical training and
other relevant experience during the time period in which the applicant held an
administrative license. The Board may require that a licensee with an
Administrative license status, who wishes to return to clinical practice,
successfully pass a Board-approved clinical skills assessment or other
Board-approved professional determination of clinical competency.
(13)
Temporary License. The Board shall determine whether
an applicant is qualified, competent and of good moral character to hold a
temporary license to practice medicine. In order to qualify for an initial
temporary license, an applicant must meet the requirements of 243 CMR 2.02(1),
except 243 CMR 2.02(1)(l) and except as otherwise provided in 243 CMR 2.00, in
addition to the requirements of 243 CMR 2.02(13).
(a)
Academic Faculty
Appointment. Pursuant to M.G.L. c. 112, § 9B, the Board may
issue an Academic Faculty Appointment license. This is a temporary license that
the Board may issue to a visiting physician who is licensed to practice in
another jurisdiction, and who has a temporary faculty appointment certified by
the dean of a medical school in Massachusetts for purposes of medical education
in an accredited hospital associated with the medical school; and a scope of
practice plan certified by the Chair of the Department, approved by the Board
and subject to audit thereof.
1. A temporary
license issued under 243 CMR 2.02(13) shall be valid for a period set by the
Board, not exceeding 12 months, may be renewed up to two times, and shall
terminate automatically upon termination of the faculty appointment. A
temporary license under 243 CMR 2.02(13) and any renewals thereof shall not
exceed three years.
2. In order to
renew a temporary license under 243 CMR 2.02(13), the licensee shall complete
the following requirements:
a. The opioid
education and pain management training requirement, as described in 243 CMR
2.02(2)(e);
b. The end-of-life care
education requirement, as described in
243 CMR
2.06(6)(b); and
c. 50% of the continuing professional
development requirement for full licensees, as described in
243 CMR
2.06(6).
3. All practice of medicine by a
licensee under 243 CMR 2.02(13)(a) must be essential to his or her teaching and
shall be restricted to the specified institution or any of that facility's
approved affiliates.
4. A temporary
licensee may not practice outside the scope of practice that is directly
related to his or her educational and training responsibilities.
(b)
Substitute
Physician.
1.
Holds
an Out-of-state License. Pursuant to M.G.L. c. 112, § 9B, the
Board may issue a temporary license to a physician who is licensed to practice
medicine in another U.S. jurisdiction to permit him or her to act as a
substitute physician for a physician licensed in Massachusetts. A temporary
license issued in accordance with 243 CMR 2.02(13)(b) may be granted only upon
written request of the physician licensed in Massachusetts and shall be limited
to a period of three months or less. A locum tenens physician
may be a substitute physician.
2.
Diplomate of Specialty Board. The Board may issue a
temporary license to a physician eligible for examination or registration in
the Commonwealth who is a diplomate of a specialty board approved by the
American Medical Association or the American Osteopathic Association to permit
him or her to act as a substitute physician for a registered physician in the
commonwealth. This temporary license is granted only upon written request of
the licensed physician, is limited to the specialty in which the applicant is
certified and limited to three months or less.
(c)
Participating in a CME
Course. Pursuant to M.G.L. c. 112, § 9B, the Board may issue
a temporary license to a physician who is licensed to practice in another
jurisdiction, and who is enrolled in a course of continuing medical education
in Massachusetts. A temporary license issued in accordance with 243 CMR
2.02(13)(c) is limited to continuing medical education activities conducted
under the supervision of a physician licensed in Massachusetts and shall
terminate automatically upon termination of the course and, in any event, at
the end of three months.
(d)
Issuance of License. An applicant who meets all of the
requirements of 243 CMR 2.02(13) to the satisfaction of the Board will be
granted a temporary license and is entitled to a certificate of registration
signed by the chair and the secretary of the Board.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.