Temporary Licenses

PURPOSE: This rule provides information to applicant and American Medical Association/American Osteopathic Associationapproved hospitals of the requirements for temporary licenses. (1) The applicant is required to make application upon a form prepared by the board. (2) No application will be considered unless fully and com pletely made out on the specified form and properly attested. (3) An applicant shall present properly attached to the applica tion blank with the application one (1) photograph not larger than three and one-half inches by five inches (3 1/2" × 5"). (4) Applicants applying for licensure who have graduated from schools outside the United States or Canada must have and show proof of a permanent Educational Commission for Foreign Medical Graduates (ECFMG) certificate or show evi dence to the board that applicant has passed the equivalent licensing board examination in another state. (5) Completed applications shall be sent by the superintendent of the hospital where the applicant is to be in an approved training program to the executive director of the State Board of Registration for the Healing Arts, P.O. Box 4, Jefferson City, MO 65102. This requirement does not relieve the applicant of the responsibility for the filing of the application and no applicant shall begin practicing until the temporary license has been issued. AND INSURANCE (6) The board shall charge each person applying to it for cer tificate of temporary licensure to practice as a physician and surgeon in Missouri an appropriate fee to be established by the board. An appropriate fee shall be charged annually in the event the temporary license is renewed. The fee shall be sent in the form of a bank draft or post office money order or express money order. Personal checks will not be accepted. (7) The applicant shall secure a recommendation of his/her moral, ethical and professional conduct from the superinten dent, chief of staff, or both, in the hospital in which s/he desires to work. (A) Applicants shall notify the board when they leave the hospital where they are employed or where they are engaged in a training program. The applicant’s temporary license shall expire immediately on the applicant’s leaving the training program. (B) The superintendent or director of the hospital shall notify the executive director when a temporary licensee ceases his/ her employment or training at the hospital. (C) An applicant or a temporary licensee will be required to appear before the board whenever directed by the board. (8) The executive director will sign the temporary license. (9) A letter shall be sent to the chief executive officer and the director of the training program to inform them of the board’s decision to approve or deny issuance of the temporary license to the applicant. (10) The board may terminate a temporary license at its own discretion. (11) The superintendent or other officials of hospitals approved by the board for temporary licensure are to furnish the executive director a list of personnel employed in the hospitals as of January 15 and July 15 of each year. Failure of the superintendent or other responsible official to furnish the executive director this list, at the discretion of the board, may result in the withdrawal of approval of the hospital. (12) The applicant must file photostatic copies and official translations of his/her medical credentials with the applications. (13) Applicants who are graduates of approved schools in the United States and are serving as interns, residents or fellows in hospitals approved by the board for temporary licensure in Missouri, must furnish satisfactory evidence of having attended an approved school and receiving their degrees by filing a photostatic copy of the professional diploma with the application. (14) A temporary license may be issued to a physician hired by a state-maintained hospital until s/he can take the next examination offered by the board for permanent licensure, provided that the physician has one (1) year of approved training in the United States. (15) A temporary licensee holding the position of a staff physician in a state-maintained hospital who fails the examination for permanent licensure may not continue in the status of a staff physician but may enter an American Medical Association/American Osteopathic Association (AMA/ AOA)-approved training program. A temporary licensee who is in an AMA/AOA-approved training program and fails the examination for permanent licensure may continue in the training program until the next regular examination. (16) A temporary license may be issued to physicians who are otherwise qualified by reason of their employment in statemaintained hospitals or enrollment in an approved training program for sabbatical service in Missouri, but this license may not be renewed. (17) A temporary license must be renewed annually. The initial temporary license shall expire on the first day of January or the first day of July following initial issuance whichever date is closer to the date of initial issuance and shall be renewed on or before the first anniversary of its expiration. Any renewal request not received within fifteen (15) days of the expiration date must be accompanied by a statement in writing from the applicant’s training program explaining to the satisfaction of the board the delay in requesting renewal and a statement explaining what the applicant has been doing during the period of lapse. No temporary licensee shall continue to practice beyond the expiration date of the initial license or any renewal unless his/her license has been properly renewed. (18) After January 1, 1978, no temporary license will be renewed unless the applicant or licensee provides the board with satisfactory evidence of having obtained one (1) year of training in an AMA/AOA-approved training program in the United States. (19) The holder of a temporary license issued by the State Board of Registration for the Healing Arts may be authorized to prescribe legend drugs, including controlled substances for those patients cared for within the framework of the AMA/ AOA-approved training program in which s/he is enrolled. The institution’s Drug Enforcement Administration number, with a distinguishing suffix approved by the Bureau of Narcotics and Dangerous Drugs of Missouri, shall be used by the temporary licensee to demonstrate this authority. AUTHORITY: section 334.125, RSMo 2000.* This rule originally filed as 4 CSR 150-2.060. Original rule filed Dec. 19, 1975, effective Dec. 29, 1975. Amended: Filed July 14, 1976, effective Nov. 11, 1976. Amended: Filed July 3, 1989, effective Dec. 1, 1989. Amended: Filed Sept. 5, 1990, effective Feb. 14, 1991. Amended: Filed Oct. 4, 1993, effective April 9, 1994. Amended: Filed Aug. 15, 1994, effective Feb. 26, 1995. Amended: Filed April 15, 1996, effective Nov. 30, 1996. Amended: Filed April 30, 2002, effective Nov. 30, 2002. Moved to 20 CSR 2150-2.060, effective Aug. 28, 2006. *Original authority: 334.125, RSMo 1959, amended 1993, 1995. State Board of Registration for the Healing Arts of Missouri v. De Vore, 517 S.W.2d 480 (Mo. App. 1975). Administrative Hearing Commission Act section 161.252, RSMo 1969, repealed the former authority of the board to conduct evidentiary hearings on the qualifications of applicants for licensure. State Board of Registration for the Healing Arts of Missouri v. Masters, 512 S.W.2d 150 (Mo. App. 1974). Board may not issue annual certificate of registration to person who is not licensed to practice medicine in this state. Op. Atty. Gen. No. 257, Goode (6-1-70). Pathology is a branch of the practice of medicine within the provisions of Chapter 334, RSMo 1969, and a profession under the jurisdiction of the State Board of Registration for the Healing Arts, and that an individual must be licensed by the board before s/he can lawfully practice pathology. The prosecuting and circuit attorneys have the re sponsibility for criminal prosecutions arising out of violations of Chapter 334. Op. Atty. Gen. No. 82, Hardwicke (3-1-65). Physicians who ac cept professional staff appointments in Missouri hospitals and regularly practice medicine and surgery in those hospitals are maintaining an “appointed place to meet patients or receive calls within the limits of this state.” These physicians are required to have a Missouri license. Op. Atty. Gen. No. 36, Hailey (3-29-55). A physician who is not licensed in the state of Missouri may not engage in activities constituting the practice of medicine within the state, regardless of who his/her employer may be or under whose supervision s/he may do so.