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Pennsylvania Code



Subchapter A. LICENSURE OF MEDICAL DOCTORS


Sec.


17.1.    License without restriction.
17.2.    License without restriction—endorsement.
17.3.    Institutional license.
17.4.    Extraterritorial license.
17.5.    Graduate license.
17.6.    Temporary license.
17.7.    Interim limited license.
17.8.    Licenses, certificates and registrations issued prior to January 1, 1986.
17.9.    Credentials verification service

Cross References

   This subchapter cited in 52 Pa. Code §  56.2 (relating to definitions); and 52 Pa. Code §  56.252 (relating to definitions).

§ 17.1. License without restriction.

 (a)  Except as provided in §  17.2 (relating to license without restriction—endorsement), to secure a license without restriction an applicant shall:

   (1)  Have passed a licensing examination acceptable to the Board by having achieved one of the following:

     (i)   A passing score on Step 1, Step 2 and Step 3 of the USMLE as determined by USMLE completed within a 7-year period.

     (ii)   A score of 75 on FLEX I and a score of 75 on FLEX II, as determined by the Federation.

     (iii)   A score of 75, obtained in an individual attempt, on the licensing examination provided by the Federation from June 1968 to December 1984.

     (iv)   A passing score as determined by the NBME on the National Boards.

     (v)   A passing score on Part I of the National Boards or Step 1 of the USMLE plus Part II of the National Boards or Step 2 of the USMLE plus Part III of the National Boards or Step 3 of the USMLE completed within a 7-year period.

     (vi)   A score of 75 on FLEX I and Step 3 of the USMLE completed within a 7-year period.

     (vii)   A passing score on Part I of the National Boards or Step 1 of the USMLE plus Part II of the National Boards or Step 2 of the USMLE plus FLEX II completed within a 7-year period.

     (viii)   A passing score, as determined by the Medical Council of Canada, on the examination of the Medical Council of Canada taken in or after May 1970, if the examination was taken in English.

     (ix)   A passing score, as determined by the licensing authority of another state, territory or possession of the United States, on a state board examination taken prior to December 1973, if the examination was taken in English.

   (2)  Have graduated from an accredited medical college or from an unaccredited medical college.

   (3)  Have been certified by the ECFMG if the applicant is a graduate of an unaccredited medical college.

   (4)  Have successfully completed the following graduate medical training requirement:

     (i)   A year of graduate medical training at a first or second-year level if the applicant is a graduate of an accredited or unaccredited medical college and participated in a graduate medical training program prior to June 30, 1987.

     (ii)   Two years of graduate medical training at a first and second-year level if the applicant is a graduate of an accredited medical college and did not participate in a graduate medical training program prior to June 30, 1987.

     (iii)   Three years of graduate medical training at a first, second and third-year level if the applicant is a graduate of an unaccredited medical college and did not participate in a graduate medical training program prior to June 30, 1987.

   (5)  Satisfy the general qualifications for a license specified in §  16.12 (relating to general qualifications for licenses and certificates).

 (b)  An applicant who is a graduate of an unaccredited medical college shall submit a complete application and shall, in addition to satisfying the requirements in subsection (a), submit a diploma and transcript verified by a medical college listed in the International Medical Education Directory and chartered and recognized by the country in which it is situated for the provision of medical doctor education. The transcript must identify the successful completion of the equivalent of 4 academic years of medical education including 2 academic years in the study of the arts and sciences of medicine generally recognized by the medical education community in the United States and 2 academic years of clinical study of the practice of medicine as generally recognized by the medical education community in the United States.

Authority

   The provisions of this §  17.1 amended under sections 8 and 27—29 of the Medical Practice Act of 1985 (63 P. S. § §  422.8 and 422.27—422.29).

Source

   The provisions of this §  17.1 adopted March 6, 1964; amended May 13, 1977, effective May 14, 1977, 7 Pa.B. 1280; amended July 28, 1978, effective July 29, 1978, 8 Pa.B. 2099; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2284; amended February 15, 1985, effective February 16, 1985, 15 Pa.B. 568; amended January 2, 1987, effective December 31, 1986, 17 Pa.B. 24; amended April 8, 1994, effective April 9, 1994, 24 Pa.B. 1838; amended February 3, 2006, effective February 4, 2006, 36 Pa.B. 532. Immediately preceding text appears at serial pages (311632) and (255981).

Cross References

   This section cited in 49 Pa. Code §  17.2 (relating to license without restriction—endorsement); 49 Pa. Code §  17.5 (relating to graduate license); 49 Pa. Code §  17.7 (relating to interim limited license); and 49 Pa. Code §  17.11 (relating to examination information for licensee without restriction).

§ 17.2. License without restriction—endorsement.

 (a)  Other qualifications. The Board will grant a license without restriction to an applicant who does not meet the standard license requirements enumerated in §  17.1 (relating to license without restriction), if the applicant has achieved cumulative qualifications which are endorsed by the Board as being equivalent to the standard requirements for the license.

 (b)  Graduation from an unaccredited medical college. A person who has completed the formal requirements for graduation from an unaccredited medical college, except an internship or social service requirement, who qualifies for and successfully completes a fifth pathway program, shall be considered as having achieved the same status as a graduate of an unaccredited medical college for the purpose of the Board’s evaluation of the applicant’s qualifications for a license without restriction.

 (c)  License examination. In evaluating the qualifications of an applicant who seeks a license without restriction on the basis of endorsement, the Board will accept a passing score on a licensing examination acceptable to the Board. If the examination was not taken in English, but is otherwise acceptable, and a passing score was secured, the Board will accept the examination result if the applicant has also secured a passing score on the Test of English as a Foreign Language (TOEFL).

 (d)  ECFMG certification. For purposes of endorsement, a graduate from an unaccredited medical school who has obtained certification by the ECFMG shall be deemed to have the equivalent of a passing score on steps 1 and 2 of the USMLE.

 (e)  The Board may, in lieu of the examination requirement provided for in subsection (c), consider whether the applicant has a significant history in the practice of medicine, has recognized professional and academic achievement and credentials and has obtained certification by a Board recognized specialty certification body.

Authority

   The provisions of this §  17.2 amended under sections 8 and 27—29 of the Medical Practice Act of 1985 (63 P. S. § §  422.8 and 422.27—422.29).

Source

   The provisions of this §  17.2 adopted April 16, 1976, effective April 17, 1976, 6 Pa.B. 910; amended July 28, 1978, effective July 29, 1978, 8 Pa.B. 2099; amended January 2, 1987, effective December 31, 1986, 17 Pa.B. 24; amended February 3, 2006, effective February 4, 2006, 36 Pa.B. 532. Immediately preceding text appears at serial pages (255981) to (255982).

Cross References

   This section cited in 49 Pa. Code §  17.1 (relating to license without restriction).

§ 17.3. Institutional license.

 (a)  An institutional license authorizes a qualified person to teach and practice medicine for a period of time specified by the Board, not exceeding 3 years, in one of the medical colleges, its affiliates, or community hospitals within this Commonwealth. To qualify for an institutional license, an applicant shall satisfy the requirements listed in §  16.12 (relating to general qualifications for licenses and certificates) and one of the following:

   (1)  Be a graduate of an unaccredited medical college who has attained through professional growth and teaching experience the status of teacher.

   (2)  Have achieved outstanding medical skills in a particular area of medicine and wish to practice, demonstrate or teach in that area, but not otherwise be licensed to do so.

 (b)  An institutional license only authorizes the licensee to teach and to practice in those areas of medicine and surgery for which the licensee is evaluated by the Board to have achieved outstanding medical skills.

 (c)  An institutional license will not be issued for the purpose of authorizing a medical doctor to train in a graduate medical training program.

 (d)  An institutional license may be granted to authorize a qualified medical doctor to teach and practice at more than one facility, but at no more than two affiliated facilities. If a licensee desires to practice at two facilities, a document of formal affiliation between the two facilities shall be submitted to the Board.

 (e)  An institutional license may not be renewed, but, if issued for a period of less than 3 years, may be extended by the Board for the remainder of the 3 years.

Source

   The provisions of this §  17.3 adopted January 2, 1987, effective December 31, 1986, 17 Pa.B. 24.

§ 17.4. Extraterritorial license.

 (a)  An extraterritorial license authorizes a medical doctor who possesses a license to practice medicine and surgery without restriction or an equivalent license, in a state adjoining this Commonwealth, to practice medicine and surgery in this Commonwealth.

 (b)  An extraterritorial license will be issued under the following circumstances:

   (1)  The applicant shall satisfy the following:

     (i)   Possess a license to practice medicine and surgery without restriction or an equivalent license in a state adjoining this Commonwealth.

     (ii)   Reside in or maintain an office of practice in the adjoining state near its boundary line with this Commonwealth and desire to extend that practice into this Commonwealth.

     (iii)   Submit evidence with the application that the applicant is in compliance with professional liability insurance responsibilities imposed by the MCARE Act.

     (iv)   Arrange for the licensing authority of the adjoining state to file a certification with the Board, issued by that licensing authority, attesting to the fact that the applicant is licensed in that state.

     (v)   Satisfy the qualifications listed in §  16.12 (relating to general qualifications for licenses and certificates).

   (2)  The licensing authority of the adjoining state shall reciprocate by extending the same privileges to medical doctors licensed in this Commonwealth.

 (c)  An extraterritorial license is automatically revoked if the licensee relocates a residence or office of practice, the location of which was relevant to the issuance of the license.

 (d)  If a medical doctor who holds an extraterritorial license intends to change a residence or office of practice, the location of which was relevant to the issuance of the license, the doctor shall advise the Board, in writing, prior to doing so. If the doctor continues to qualify for an extraterritorial license after the change in residence or office of practice, the doctor may apply for a new extraterritorial license by submitting an application provided by the Board and paying the required fee.

Source

   The provisions of this §  17.4 adopted January 2, 1987, effective December 31, 1986, 17 Pa.B. 24; amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial pages (316933) to (316934).

§ 17.5. Graduate license.

 (a)  A graduate license authorizes the licensee to participate in a year of graduate medical training within the complex of the hospital to which the licensee is assigned, and a satellite facility or other training location utilized in the graduate training program.

 (b)  To secure a graduate license, an applicant shall satisfy one of the following:

   (1)  Have graduated from an accredited medical college or an unaccredited medical college and received a medical degree.

   (2)  Have completed the formal requirements for graduation from an unaccredited medical college, except an internship or social service requirement, and have successfully completed a fifth pathway program and an ECFMG certification examination.

   (3)  Hold a license to practice medicine without restriction in this Commonwealth or an equivalent license granted by another state, territory or possession of the United States, or the Dominion of Canada.

 (c)  Additional requirements for securing a graduate license are that the applicant shall satisfy the following:

   (1)  Have been certified by the ECFMG, if the applicant is a graduate of an unaccredited medical college.

   (2)  An applicant who is a graduate of an unaccredited medical college or who satisfies the requirements of subsection (b)(2), and files a complete application for a graduate license shall submit a diploma and transcript verified by a medical college listed in the International Medical Education Directory and chartered and recognized by the country in which it is situated for the provision of medical doctor education. The transcript must identify the successful completion of the equivalent of 4 academic years of medical education including 2 academic years in the study of the arts and sciences of medicine generally recognized by the medical education community in the United States and 2 academic years of clinical study of the practice of medicine as generally recognized by the medical education community in the United States.

   (3)  Satisfy the requirements in §  16.12 (relating to general qualifications for licenses and certificates).

 (d)  To participate in graduate medical training at a second-year level under the authority of a graduate license, the licensee shall first secure a passing score on FLEX I or Part I of the National Boards or Step 1 of the USMLE plus Part II of the National Boards or Step 2 of the USMLE; a passing score on a licensing examination acceptable to the Board as set forth in §  17.1(a)(1)(iii), (viii) and (ix) (relating to license without restriction), or, hold a license to practice medicine without restriction in this Commonwealth or an equivalent license granted by another state, territory or possession of the United States or the Dominion of Canada.

 (e)  To participate in graduate medical training at a third-year level or higher, the licensee shall secure a passing score on both FLEX I and FLEX II; Part I of the National Boards or Step 1 of the USMLE plus Part II of the National Boards or Step 2 of the USMLE plus Part III of the National Boards or Step 3 of the USMLE; Part I of the National Boards or Step 1 of the USMLE plus Part II of the National Boards or Step 2 of the USMLE plus FLEX II; or FLEX I plus Step 3 of the USMLE; a passing score on a licensing examination acceptable to the Board as set forth in §  17.1(a)(1)(iii), (viii) and (ix); or, hold a license to practice medicine without restriction in this Commonwealth or an equivalent license granted by another state, territory or possession of the United States or the Dominion of Canada.

 (f)  A graduate of an unaccredited medical college, who does not possess the qualifications for the issuance of a graduate license enumerated in subsections (a)—(e), but who desires to train in a hospital within this Commonwealth in an area of advanced graduate medical training, may have the unmet qualifications waived by the Board if the Board determines that the applicant possesses the technical skills and educational background to participate in the training and that the issuance of a graduate license to the applicant is beneficial to the health, safety and welfare of the people of this Commonwealth.

 (g)  A graduate license is only valid for a maximum of 12 consecutive months, but may be renewed by the Board to permit additional training.

 (h)  For a graduate license to be renewed, the Board has to receive, prior to the expiration of the previously issued license, the required renewal fee—see §  16.13 (relating to licensure, certification, examination and registration fees)—and a completed renewal form. Renewal forms are provided to hospitals in this Commonwealth that offer graduate medical training programs.

Authority

   The provisions of this §  17.5 amended under sections 8 and 27—29 of the Medical Practice Act of 1985 (63 P. S. § §  422.8 and 422.27—422.29).

Source

   The provisions of this §  17.5 adopted January 2, 1987, effective December 31, 1986, 17 Pa.B. 24; amended April 8, 1994, effective April 9, 1994, 24 Pa.B. 1838; amended February 3, 2006, effective February 4, 2006, 36 Pa.B. 532. Immediately preceding text appears at serial pages (255984) to (255986).

Notes of Decisions

   When doctors acted in good faith reliance on Board’s original favorable interpretation of its own regulations, doctors erroneously issued graduate medical training license’s were entitled to reissuance of licenses. Menoyo v. State Board of Medicine, 629 A.2d 295 (Pa. Cmwlth. 1993).

§ 17.6. Temporary license.

 (a)  A temporary license will be issued to an applicant who holds the equivalent of a license without restriction granted by the licensing authority of another state, territory or possession of the United States, or another country, to permit one of the following:

   (1)  The teaching and demonstration of advanced medical and surgical techniques.

   (2)  Participation in a medical or surgical procedure necessary for the well-being of a specified patient.

   (3)  The practice of medicine and surgery in a camp or resort for no more than 3 months.

   (4)  Attending to the medical and surgical needs of a person visiting this Commonwealth for a brief period of time.

   (5)  The short-term replacement of a doctor of medicine employed by the Federal government in a National Health Service Corps Clinic, under Project U.S.A. arrangements.

 (b)  A temporary license to permit the teaching and demonstration of medical and surgical techniques will be issued to facilitate the presentation of medical and surgical seminars and demonstrations in this Commonwealth. The person applying for a temporary license for this purpose shall be sponsored by a medical training facility licensed or authorized to do business in this Commonwealth.

 (c)  A temporary license to permit participation in the administration of a medical or surgical procedure to a specified patient will be issued to enable persons uniquely qualified to perform a new and difficult medical or surgical procedure to administer that procedure in this Commonwealth if it is necessary for the well-being of a specified patient. The person applying for a temporary license for this purpose shall be sponsored by a health care facility licensed or authorized to do business in this Commonwealth and shall work in collaboration with a medical doctor holding a license without restriction in this Commonwealth.

 (d)  A temporary license to permit the practice of medicine and surgery at a camp or resort will be issued to permit the practice for no more than a 3-month period. The person applying for a temporary license for this purpose shall be required to provide evidence that adequate arrangements have been made for back-up medical care if the person is unable to continue to serve as a medical doctor for the camp or resort.

 (e)  A temporary license will be issued to permit the administration of medical and surgical procedures to a person visiting this Commonwealth for a brief period of time, by a person who is a regular treating doctor of that person and who accompanies that person during the visit. Examples of circumstances under which a license of this nature will be issued are when a doctor accompanies an athlete from another state or country who is competing in this Commonwealth, or when a doctor to a foreign dignitary accompanies that person during the dignitary’s visit to this Commonwealth.

 (f)  A temporary license will be issued to a doctor who is participating in Project U.S.A. to serve as a short-term (2—4 weeks) substitute for a doctor of medicine employed by the Federal government in a National Health Service Corps Clinic. Project U.S.A. is a program developed by the American Medical Association and the Federal government through which the former provides doctor replacements to the latter as short-term replacements of doctors of medicine who are employed by the Federal government to provide medical services in areas where there is a critical medical manpower shortage.

 (g)  The Board will impose limitations on a temporary license, with respect to scope, duration and site of practice, as it deems appropriate.

 (h)  Temporary licensees are considered health care providers who conduct 50% or less of their health care business or practice within this Commonwealth for purposes of the MCARE Act.

 (i)  A temporary license may be issued for a purpose other than those specified in subsection (a), as deemed appropriate by the Board, on a case by case basis.

Source

   The provisions of the §  17.6 adopted January 2, 1987, effective December 31, 1986, 17 Pa.B. 24; amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial pages (316936) to (316937).

§ 17.7. Interim limited license.

 (a)  A person who holds a graduate license is limited to providing medical services embraced within the graduate medical training program in which the person is participating unless that person also holds an interim limited license or other license issued by the Board, other than a graduate license.

 (b)  An interim limited license empowers the licensee to provide medical services, other than authorized by the graduate medical training program, for a period of up to 12 consecutive months. The Board may extend the validity of an interim limited license for a period of up to 12 additional consecutive months, but no more than one extension may be granted.

 (c)  To qualify for an interim limited license, an applicant shall satisfy the following:

   (1)  Be a graduate of an accredited medical college.

   (2)  Hold a valid graduate license.

   (3)  Have successfully completed a year of graduate medical training.

   (4)  Have passed an examination specified in §  17.1(a)(1) (relating to license without restriction).

   (5)  Provide a detailed written statement of the medical services to be provided beyond the parameters of the graduate medical training program.

   (6)  Have the written approval of the director of the graduate medical training program to provide the enumerated services.

   (7)  Present evidence of having made arrangements for professional liability insurance coverage in accordance with the MCARE Act.

   (8)  Satisfy the qualifications listed in §  16.12 (relating to general qualifications for licenses and certificates).

   (9)  Be evaluated by the Board as having received ample education and training to perform the specified medical services.

Source

   The provisions of this §  17.7 adopted January 2, 1987, effective December 31, 1986, 17 Pa.B. 24; amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 5484. Immediately preceding text appears at serial pages (316937) to (316938).

§ 17.8. Licenses, certificates and registrations issued prior to January 1, 1986.

 (a)  A license, certificate and registration issued prior to January 1, 1986, shall continue in full force and effect for the duration of the license, certificate or registration as provided for in the now repealed Medical Practice Act of 1974 (formerly 63 P. S. § §  421.1—421.18) and the provisions of this chapter in effect prior to January 3, 1987.

 (b)  Licenses and certificates which the Board has no authority to issue under the act, but which were previously issued by the Board under authority contained in the Medical Practice Act of 1974, are:

   (1)  Limited license (permanent).

   (2)  Limited license (temporary).

   (3)  Across-the-border license.

   (4)  Temporary license to participate in graduate medical training.

   (5)  Graduate certificate.

   (6)  Short-term camp physician license.

 (c)  An across-the-border license is identical to the extraterritorial license the Board is authorized to issue under the act. Rights and responsibilities imposed by the act, this chapter and Chapters 16 and 18 (relating to State Board of Medicine—general provisions; and State Board of Medicine—practitioners other than medical doctors) on and after January 3, 1987 on the holder of an extraterritorial license also apply to a holder of an across-the-border license.

 (d)  Limited licenses—permanent—are subject to biennial registration requirements specified in § §  16.13 and 16.15 (relating to licensure, certification, examination and registration fees; and biennial registration; inactive status and unregistered status).

 (e)  A person who holds either a temporary license or a graduate certificate to participate in graduate medical training, and who wishes to continue participation in graduate medical training after his license or certificate expires, shall meet the qualifications for a graduate license.

 (f)  A person who holds a limited license—temporary—who wishes to continue the teaching and practice privileges authorized by that license after that license expires, shall meet the qualifications for an institutional license.

Source

   The provisions of this §  17.8 adopted January 2, 1987, effective December 31, 1986, 17 Pa.B. 24.

§ 17.9. Credentials verification service.

 Applicants may use the Federation of State Medical Boards credentials verification service (FCVS) to verify the authenticity of their diplomas, transcripts, examination scores, and other documentation held by the FCVS.

Authority

   The provisions of this §  17.9 issued under sections 8 and 27—29 of the Medical Practice Act of 1985 (63 P. S. § §  422.8 and 422.27—422.28).

Source

   The provisions of this §  17.9 adopted February 3, 2006, effective February 4, 2006, 36 Pa.B. 532



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