Opinion letter to Mr. John A. Hailey

Opinion No . 37 (1962) (418- 1961) Answered By Letter. (Albert J . Stephan~ Jr.) J:une 15, 1962 Mr. John A. Ha11ey,Executive Secretary State Board of Registration for the Healing Arts Jefferson City, Missouri Dear Mr. Hailey: ,-------- FILE 0 This is in response to your request for advice as to whether persons falling into the following categories may practice medicine in this state with- out hav1ng been licensed by the State Board of Registration for the Healing Arts: 1. Interns in hospitals; 2. Residents in hospitals; 3. Preceptors working under the guidance and supervision of a licensed physician. In view of the very clear prov1Giona of Section 334. 010, we must answer each of the inquiries in the negative. It is of no legal import that a person holds the statu-s of intern, resident, or preceptor1 if he is not licensed by the State Board of Registration for the Healing Arts, he may not practice medicine in this state. This and closely related questions were given rather detailed attention in an opinion or this office issued at your request on March 29, 1955. We believe that opinion correctly states the applicable law and attach a copy of it herewith. Ill-. John A • Hailey We are aware that 1nternah1p, residency, and preceptor- abip are trad1t1onal teaching tools ot the medical profession. The b1ghly competent J))Wa1o1ana who practice in th1a state are 11vlng proof ot the ettieaey ot theee programs. We have no w1ah to take the poa1t1on that such programs need be curtailed in any war and, indeed. do not so hold. All three of the conditions mentioned above are poe1tions wherein the person concePn84 learns fl'Oil practical expel'ience under the supervision or one or more qualified and licensed practitioners. Aa lons as the emphas1a remains on the teacher• student relationah1p rather than on the pbyaio1an·pat1ent relationship. the resident, intern, or preceptor ia not prac- tlcing medicine without a license. That ta to 887 that where the student makes his diagnosis and embarks on a course ot t:Natment under the direct guidance and au~niaion of a duly licensed Ph7sioian, there is no violation ot tbe licen.lng 1aw tott the student •a acta are,. in ettect, the &Gte of the teacher. It i.a only where the a tudent independently undel'- takea to diagnose or treat that he enters into the praettce ot medicine which ia forbidden to all except ~hoae who are admitted to li-censure 1n aecoP<lanae with the laws of this state. We have not undertaken herein to approve or dis.approve ot what the genepal practice is in hospitals aa to the degree of supervision axerc1sed over interns and residents; nor have w& conaidered the stand&.Pd o£ aupePV1sio.n aa exercised over preceptors. On.1y the genera1 rule ia statad that non-11cenaed persona J'D8Y' not practice med.icine . Residents, :lntema, and preceptors may participate in diagnosing and treating but only where they act under the immediate aupeNis1on and wi tb the consent ot a licensed pnyaician. We sincerely hope that the foregoin$ will be or assist- ance to you and to 'he Boaro. AdS:ms Enc. THOMAS P. imiLM'OH Attorney General