W. Va. Code R. § 11-1A-3

Current through Register Vol. XLI, No. 25, June 21, 2024

Section 11-1A-3 - Qualification and Application for a License to Practice Medicine and Surgery

3.1. Minimum qualifications for initial licensure as a medical doctor for applicants who graduated and received the degree of doctor of medicine or its equivalent from a Board or LCME approved school of medicine located within the United States, the Commonwealth of Puerto Rico, or Canada are set forth in West Virginia Code § 30-3-10(b).

3.2. An application for a license to practice medicine and surgery shall be completed on a form provided by the Board, which is available on the Board's website.

3.3. A completed application is considered by the Board at regular Board meetings. The Board will not consider an application or decide upon the issuance of a license to an applicant until the complete application, including all third-party documentation and/or verification, is on file with the Board and the Board has had at least fifteen days to review the application.

3.4. An application for licensure must be accompanied by payment of a nonrefundable application fee in an amount established by 11 CSR 4.

3.5. The Board's physician licensure application shall include, and applicants must provide, the following information:

3.5.a. The applicant's name, email address, home address, preferred mailing address and primary practice location address(es) and telephone numbers;

3.5.b. Demographic information of the applicant, such as date of birth, place of birth, sex, etc.;

3.5.c. A photograph taken within the previous twelve months which substantially resembles the applicant;

3.5.d. Evidence of graduation from a medical school approved by the LCME or by the Board;

3.5.e. Information with respect to the applicant's professional practice, good moral character, and fitness to practice.

3.5.f. Information as determined by the Board which relates to whether the applicant is mentally and physically able to engage safely in the practice of medicine and surgery.

3.5.g. Provide evidence satisfactory to the Board that the applicant:

3.5.g.1. Has successfully completed one year of postgraduate clinical training approved by the ACGME; or

3.5.g.2. Has successfully completed a graduate medical education residency program outside of the United States and a minimum of one year of fellowship training in the United States in a clinical field related to the applicant's residency training which was completed:

3.5.g.2.a. At an institution that sponsors or operates a residency program in the same clinical field or a related clinical field approved by the Accreditation Council for Graduate Medical Education; or

3.5.g.2.b. At a time when accreditation was not available for the fellowship's clinical field and the board has determined that the training was similar to accredited training due to objective standards, including, but not limited to, the presence of other accredited programs at the sponsoring institution during the applicant's clinical training at the fellowship location;

3.5.h. An AMA biographical report;

3.5.i. All hospitals where the physician has had privileges in the last five years;

3.5.j. Information regarding medical schools attended by the applicant;

3.5.k. A list of, and requested information regarding, training programs, including postgraduate training, in which the applicant ever participated;

3.5.l. A list of jurisdictions in which the applicant has applied for licensure, the disposition of such applications, and a list of licenses the applicant holds or has ever held and the current status of each license;

3.5.m. A copy of the individual's birth certificate, certificate of naturalization, or passport to be used in identifying the applicant and the appropriate spelling of his or her name;

3.5.n. A copy of legal documentation satisfactory to the Board which verifies any name change the applicant has experienced;

3.5.o. A report from the National Practitioner Data Bank;

3.5.p. A criminal history record check as set forth in section 8;

3.5.q. Evidence that the applicant has received passing scores on all required examinations as set forth in section 7 of this rule; and

3.5.r. Other documents as may be required by the Board to evaluate the qualifications and fitness of an applicant to practice medicine and surgery in West Virginia.

3.6. Evidence and information described in this section may be provided through FCVS, where available through FCVS.

3.7. The applicant shall provide necessary forms to selected institutions for response to the Board, except where FCVS is providing the information directly to the Board.

3.8. Completed verification forms must be provided directly from selected institutions to the Board and not from the applicant, except where FCVS is providing the information directly to the Board.

3.9. If the staff finds derogatory or conflicting information regarding an applicant's qualifications, or information requiring clarification or further explanation by the applicant, the information shall be presented to the Board's Licensure Committee for review. Thereafter, the Licensure Committee shall determine whether the applicant should be scheduled to appear before the Committee. The Committee may also direct staff to obtain additional information related to the applicant's qualifications.

3.10. An applicant may be required to appear personally before the Licensure Committee in support of his or her application. The Board may require production of original documents at the required attendance at a Board or Committee meeting.

3.11. The Board, at its discretion, may obtain additional information through the Federation of State Medical Boards and/or through oral or written examinations, psychiatric evaluation, physical examination or other tests as may be necessary to determine the competency of the applicant.

3.12. The Board shall require applicants to take the SPEX or a competency examination in their field of practice prior to issuing a license, whenever the Board considers it necessary to evaluate the medical knowledge and clinical skills of an applicant.

3.13. A complete application, including all associated documentation submitted to the Board, become the property of the Board and will not be returned.

3.14. The burden of satisfying the Board of the applicant's qualifications for licensure is upon the applicant.

3.15. In evaluating an application and determining an applicant's qualification for licensure, the Board may consider any recent period(s) of absence from the practice of medicine which may affect the applicant's clinical skills and/or knowledge when the absence(s) individually or cumulatively equal or exceed two years. The applicant shall:

3.15.a. Demonstrate that any such absence from practice has not resulted in a loss of current skills or knowledge;

3.15.b. Provide proof satisfactory to the Board that the applicant has taken effective measures to ensure that his or her clinical skills and knowledge are current; and

3.15.c. Propose a plan designed to ensure his or her safe reentry into practice.

3.16. The Board may require the examination and/or assessment of the competencies, medical knowledge and clinical skills necessary to assist in assessing a safe reentry into practice.

W. Va. Code R. § 11-1A-3