W. Va. Code R. § 11-11-3

Current through Register Vol. XLI, No. 49, December 6, 2024
Section 11-11-3 - Qualification and Application for a Limited License to Practice at a Designated State Veterans Nursing Home Facility
3.1. An applicant for a limited license to practice medicine and surgery at a designated state veterans nursing home facility shall submit an application in the form designated by the Board which shall include:
3.1.a. Proof that he or she has the requisite qualifications to provide the same standard of care as a physician initially licensed in this State;
3.1.b. A photograph taken within the previous twelve months which substantially resembles the applicant;
3.1.c. Evidence of graduation from a medical school approved by the Liaison Committee on Medical Education or by the Board;
3.1.d. Applicants who graduated from an approved medical school located in United States, Canada, or the Commonwealth of Puerto Rico shall submit proof of successful completion of at least one year of postgraduate clinical training in a program approved by the Accreditation Council for Graduate Medical Education (ACGME)or 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:
3.1.d.1. At an institution that sponsors or operates a residency program in the same clinical field or a related clinical field approved by the ACGME; or
3.1.d.2. 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 applicants' clinical training at the fellowship location.
3.1.e. Graduates of international medical schools located outside of the United States, Canada, or the Commonwealth of Puerto Rico shall submit proof of:
3.1.e.1. Successful completion of a minimum of two years of graduate clinical training approved by the ACGME;
3.1.e.2. Successful completion of a graduate medical education residency program outside of the United States and a minimum of two years of fellowship training in the United States in a clinical field related to the applicants' residency training which was completed:
3.1.e.2.1. At an institution that sponsors or operates a residency program in the same clinical field or a related clinical field approved by the ACGME; or
3.1.e.2.2. 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; or
3.1.e.3. Proof of current certification by a member board of the American Board of Medical Specialties and a minimum of one year of graduate clinical training which comports with the accreditation requirements subdivision 3.1.e.1 or 3.1.e.2.
3.1.f. Graduates of international medical schools located outside of the United States, Canada, or the Commonwealth of Puerto Rico shall also submit evidence of a valid certificate issued by the Educational Commission for Foreign Medical Graduates ("ECFMG") or documentation of a passing score on the examination of the ECFMG. Provided, That an applicant who:
(i) is currently fully licensed, excluding any temporary, conditional or restricted license or permit, under the laws of another state, the District of Columbia, Canada or the Commonwealth of Puerto Rico;
(ii) has been engaged on a full- time professional basis in the practice of medicine within the state or jurisdiction where the applicant is fully licensed for a period of at least five years; and is not the subject of any pending disciplinary action by a medical licensing board in any jurisdiction, is not required to have a certificate from the educational commission for foreign medical graduates;
3.1.g. Proof satisfactory to the Board that the applicant is currently employed by and authorized to practice medicine at a Federal Veterans Administration Hospital which is located in the same county as the designated state veterans nursing home facility where the applicant seeks to practice;
3.1.h. Evidence that the applicant maintains a valid, unrestricted license to practice medicine in another state within the United States;
3.1.i. An attestation that the applicant is in good standing in each jurisdiction in which he or she is licensed, and that he or she has had no medical disciplinary action taken against him or her within the last five years and has no medical board complaint investigations or medical board disciplinary action pending against him or her;
3.1.j. Verification from each state where the applicant has been licensed which corroborates that the applicant is in good standing in each such jurisdiction;
3.1.k. The nature and number of malpractice settlements made or judgements against the applicant in the last five years;
3.1.l. A criminal history record check in conformity with the procedure set forth in section 8 of W. Va. Code R. § 11-1A-1et seq.
3.1.m. Any other documents or information as may be required by the Board of all applicants for physician licensure pursuant to section 4.5 of W. Va. Code R. § 11-1A-1et. seq.
3.2. Complete applications are 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 verifications, is on file with the Board and the Board has had at least ten days to review the application.
3.3. If derogatory or conflicting information regarding an applicant's qualifications exists within a pending application file, 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 or make a recommendation upon the application.
3.4. No fee is required for the submission and processing of an application for a limited license to practice medicine and surgery at a designated state veterans nursing home facility.

W. Va. Code R. § 11-11-3