NATIONAL ADVISORY COUNCIL ON MEDICAL LICENSURE.

SEC. 307. NATIONAL ADVISORY COUNCIL ON MEDICAL LICENSURE. (a) Advisory Council.— (1) In general.—The Secretary of Health and Human Services shall establish an advisory council to be known as the “National Advisory Council on Medical Licensure”. (2) Duties.— (A) Advice.—The Council shall provide advice to the Secretary regarding the operation of the system established by the American Medical Association for the purpose of verifying and maintaining information regarding the qualifications of individuals to practice medicine, and advice regarding the establishment and operation of any similar system. (B) Activities.— In carrying out subparagraph (A), the Council shall— (i) monitor and review the operation of the private credentials verification system and develop recommendations regarding methods by which the system can be improved, and make recommendations for the establishment of nondiscriminatory policies and practices for the operation of the system; (ii) determine to what extent the system has expedited and otherwise improved the efficiency and equitable operation of the process in the States for licensing individuals to practice medicine who previously have been licensed by another State (commonly known as licensure by endorsement); and (iii) review the policies and practices of the States (including any relevant laws) in licensing international medical graduates and in licensing domestic medical graduates, and determine the effects of the policies. (3) Composition.— (A) In general.—The Council shall be composed of 15 voting members selected in accordance with subparagraphs (B) and (C). (B) Health resources and services administration.—The Secretary shall designate one official or employee of the Health Resources and Services Administration to serve as a member of the Council. The official or employee so designated shall be a graduate of a medical school located in the United States. (C) Appointments.— From among individuals who are not officers or employees of the Federal Government, the Secretary shall, subject to subparagraph (D), make appointments to the Council as follows: (i) One individual from an organization representing State authorities that license individuals to practice medicine. 106 STAT. 2087 (ii) One individual representing a national organization that represents practicing physicians in the United States. (iii) One individual representing an organization in the United States that tests international medical graduates regarding medical knowledge. (iv) One individual representing an organization in the United States that tests individuals who are graduates of medical schools located in the United States regarding medical knowledge. (v) One physician representing one or more medical schools located in the United States. (vi) One individual who is a representative of the private credentials verification system. (vii) One individual who is a graduate of a medical school located in the United States, who has been licensed to practice medicine by a State and has been so licensed by such State for a continuous period of at least 20 years, and who has applied for and received licensure by endorsement during the 5-year period ending on the date of the enactment of this Act. (viii) One individual who is a graduate of a medical school located in the United States and who represents a State authority that licenses individuals to practice medicine, which State either has a significant number of practicing physicians who are international medical graduates or has a significant shortage of physicians. (ix) One individual who is an international medical graduate and who represents a coalition representing such graduates. (x) One individual who is an international medical graduate and who is a native of the United States. (xi) One individual who is a native of a country located in southern or eastern Asia (including southern or eastern Asian islands) and who is an international medical graduate by virtue of being a graduate of a medical school located in such a country. (xii) One individual who is a native of a European country or of Australia or New Zealand and who is an international medical graduate by virtue of being a graduate of a medical school located in such a country . (xiii) One individual who is a native of a Latin American or Caribbean country and who is an inter-national medical graduate by virtue of being a graduate of a medical school located in such a country. (xiv) One individual who is a native of a country located in sub-Saharan Africa and who is an inter-national medical graduate by virtue of being a graduate of a medical school located in such a country. At least one member appointed by the Secretary under this subparagraph shall be a physician who is practicing in a medically underserved community, as defined in section 799 of the Public Health Service Act. A physician may serve on the Council only if the physician is licensed by one or more States to practice medicine. 106 STAT. 2088 (D) Consultation.—The Secretary shall make the appointments described in subparagraph (C) only after consultation with relevant organizations and coalitions. (4) Chair.—From among the members appointed under paragraph (3)(C), the Council shall designate an individual to serve as the chair of the Council. (5) Duration.—The Council shall continue in existence until the submission of the report required under paragraph (7), or not later than September 30, 1995, whichever is earlier. (6) Interim report.—Not later than September 30, 1993, the Council shall submit to the Secretary, the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, an interim report describing the findings and recommendations of the Council pursuant to the duties established in paragraph (2). The Secretary shall provide a copy of the report to the private credentials verification system. (7) Final report.— (A) In general.—Not later than September 30, 1995, the Council shall prepare and submit to the Secretary, the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, a final report that shall include recommendations regarding activities conducted pursuant to paragraph (2), that shall include a determination as to whether the private credentials verification system is operating with a reasonable degree of efficiency and whether the policies and practices of the system are nondiscriminatory. (B) Recommendations.—If the Secretary determines that the private credentials verification system fails to meet either of the criteria with respect to the determination described in subparagraph (A), the Secretary, in consultation with the Council and relevant organizations, shall make a recommendation concerning the establishment of an alternative private system and concerning the specifications for such a system as described in paragraph (2)(B). (b) Study of State Licensure Process.— (1) In general.— With respect to the licensure by the States of individuals to practice medicine, the Secretary, in consultation with the Council, shall conduct a study of not less than 10 States for the purpose of determining— (A) the average length of time required for the States involved to process the licensure applications of domestic medical graduates and the average length of time required for the States to process the licensure applications of inter-national medical graduates, and the reasons underlying any significant differences in such times; and (B) the percentage of licensure applications from domestic medical graduates that are approved and the percentage of licensure applications from graduates of international medical schools that are approved, and the reasons underlying any significant differences in such percentages. (2) Report.—Not later than September 30, 1994, the Secretary shall submit to the Committee on Labor and Human Resources of the Senate and the Committee on Energy and 106 STAT. 2089Commerce of the House of Representatives a report describing the findings made as a result of the study required in paragraph (1) for the fiscal year. (c) Definitions.—For purposes of this section: (1) Council.—The term “Council” means the National Advisory Council on Medical Licensure established in subsection (a)(1). (2) Domestic medical graduate.—The term “domestic medical graduate” means an individual who is a graduate of a medical school located in the United States or Canada. (3) International medical graduate.—The term “international medical graduate” means an individual who is a graduate of a medical school located in a country other than the United States or Canada. (4) Medical school.—The term “medical school” means a school of medicine or a school of osteopathic medicine, as such terms are defined in section 799 of the Public Health Service Act. (5) Nondiscriminatory.—The term “nondiscriminatory”, with respect to policies and practices, means that such policies and practices do not discriminate on the basis of race, color, religion, gender, national origin, age, disability, marital status, or educational affiliation. (6) Private credentials verification system.—The term “private credentials verification system” means the system described in subsection (a)(2)(A) and established by the American Medical Association. (7) Secretary.—The term “Secretary” means the Secretary of Health and Human Services. (8) State.—The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. (d) Necessary Resources.—The Secretary shall ensure that necessary resources are made available to implement the provisions of this section.