37-3-315. Qualifications for licensure -- specialized license -- suspension -- practice authorized. - Montana Statutes

     37-3-315. Qualifications for licensure -- specialized license -- suspension -- practice authorized. (1) A person may not be granted a specialized license to practice medicine in this state unless the person:
     (a) is of good moral character, as determined by the board;
     (b) is a graduate of an approved medical school or college of osteopathic medicine;
     (c) is licensed and engaged in the active practice of medicine or osteopathic medicine in another state or foreign country, whose licensing standards are acceptable to the board;
     (d) has never been subject to license discipline in any form;
     (e) demonstrates evidence of research and publication:
     (i) in a peer-reviewed medical journal in the English language;
     (ii) in the 2 years preceding receipt of the application; and
     (iii) that demonstrate the applicant's competency in the field of medicine in which the specialized license is requested;
     (f) has been accepted for privileges in a hospital pending licensure by the board;
     (g) has demonstrated to the satisfaction of the board the applicant's knowledge, skills, and abilities by providing evidence of at least one of the following criteria:
     (i) at least 3 years' postgraduate clinical training in a formal education program;
     (ii) board certification in a specialty recognized or certified by the American board of medical specialties;
     (iii) board certification in a specialty recognized or certified by the American osteopathic association; or
     (iv) passing, in the 75th percentile or higher, a board-approved state or national examination in medicine, such as the United States medical licensing examination, the comprehensive osteopathic medical licensing examination, the special purpose examination, the comprehensive osteopathic medical variable-purpose examination, an examination given by the educational commission for foreign medical graduates, or the licensing examination of another state or territory of the United States or Canada;
     (h) has submitted a completed application file, which has been reviewed by the board, and has made a personal appearance before the board; and
     (i) is able to communicate, in the opinion of the board, in the English language. Passing an examination given by the educational commission for foreign medical graduates or the test of English as a foreign language constitutes prima facie evidence of ability to communicate in the English language.
     (2) The specialized license is suspended and subject to revocation after a hearing pursuant to the Montana Administrative Procedure Act upon one of the following:
     (a) restriction, termination, or other cessation of the licensee's hospital privileges; or
     (b) proof of one of the conditions or offenses identified in 37-3-323.
     (3) The holder of a specialized license is limited to the practice of medicine specifically approved by the board after consideration of the applicant's training, skill, and experience. All restrictions, specifications, conditions, and limitations imposed by the board must be stated on the specialized license.

     History: En. Sec. 2, Ch. 145, L. 1995; amd. Sec. 10, Ch. 224, L. 2003; amd. Sec. 15, Ch. 126, L. 2005.