2006 Nebraska Revised Statutes - § 71-1,104 — Medicine and surgery; license; qualifications; foreign medical graduates; waiver; requirements; department; powers.

Section 71-1,104
Medicine and surgery; license; qualifications; foreign medical graduates; waiver; requirements; department; powers.

(1) Each applicant for a license to practice medicine and surgery shall:

(a)(i) Present proof that he or she is a graduate of an accredited school or college of medicine, (ii) if a foreign medical graduate, provide a copy of a permanent certificate issued by the Educational Commission on Foreign Medical Graduates that is currently effective and relates to such applicant or provide such credentials as are necessary to certify that such foreign medical graduate has successfully passed the Visa Qualifying Examination or its successor or equivalent examination required by the United States Department of Health and Human Services and the United States Immigration and Naturalization Service, or (iii) if a graduate of a foreign medical school who has successfully completed a program of American medical training designated as the Fifth Pathway and who additionally has successfully passed the Educational Commission on Foreign Medical Graduates examination but has not yet received the permanent certificate attesting to the same, provide such credentials as certify the same to the Department of Health and Human Services Regulation and Licensure;

(b) Present proof that he or she has served at least one year of graduate medical education approved by the Board of Medicine and Surgery or, if a foreign medical graduate, present proof that he or she has served at least three years of graduate medical education approved by the board;

(c) Pass a licensing examination designated by the board and the department covering appropriate medical subjects; and

(d) Present proof satisfactory to the board that he or she, within the three years immediately preceding the application for licensure, (i) has been in the active practice of the profession of medicine and surgery in some other state, a territory, the District of Columbia, or Canada for a period of one year, (ii) has had at least one year of graduate medical education as described in subdivision (1)(b) of this section, (iii) has completed continuing education in medicine and surgery approved by the board, (iv) has completed a refresher course in medicine and surgery approved by the board, or (v) has completed the special purposes examination approved by the board.

(2) The department, upon the recommendation of the board, may waive any requirement for more than one year of approved graduate medical education, as set forth in subdivision (1)(b) of this section, if the applicant has served at least one year of graduate medical education approved by such board and if the following conditions are met:

(a) The applicant meets all other qualifications for a license to practice medicine and surgery;

(b) The applicant submits satisfactory proof that the issuance of a license based on the waiver of the requirement of more than one year of approved graduate medical education will not jeopardize the health, safety, and welfare of the citizens of this state; and

(c) The applicant submits proof that he or she will enter into the practice of medicine in a health profession shortage area designated as such by the Nebraska Rural Health Advisory Commission immediately upon obtaining a license to practice medicine and surgery based upon a waiver of the requirement for more than one year of graduate medical education.

(3) A license issued on the basis of such a waiver shall be subject to the limitation that the licensee continue in practice in the health profession shortage area and such other limitations, if any, deemed appropriate under the circumstances by the Director of Regulation and Licensure, upon recommendation of the board, which may include, but shall not be limited to, supervision by a medical practitioner, training, education, and scope of practice. After two years of practice under a limited license issued on the basis of a waiver of the requirement of more than one year of graduate medical education, a licensee may apply to the department for removal of the limitations. The director, upon the recommendation of the board, may grant or deny such application or may continue the license with limitations.

(4) In addition to any other grounds for disciplinary action against the license contained in the Uniform Licensing Law, the department may take disciplinary action against a license granted on the basis of a waiver of the requirement of more than one year of graduate medical education for violation of the limitations on the license. The department, upon the recommendation of the board, shall adopt and promulgate rules and regulations for the purpose of implementing and administering this section.

Source:

Laws 1927, c. 167, § 102, p. 483

C.S.1929, § 71-1403

Laws 1943, c. 150, § 20, p. 548

R.S.1943, § 71-1,104

Laws 1963, c. 408, § 6, p. 1312

Laws 1969, c. 563, § 3, p. 2293

Laws 1971, LB 150, § 2

Laws 1975, LB 92, § 3

Laws 1976, LB 877, § 25

Laws 1978, LB 761, § 1

Laws 1985, LB 250, § 13

Laws 1987, LB 390, § 1

Laws 1990, LB 1064, § 13

Laws 1991, LB 400, § 22

Laws 1994, LB 1210, § 56

Laws 1994, LB 1223, § 14

Laws 1996, LB 1044, § 421

Laws 1999, LB 828, § 79

Laws 2002, LB 1062, § 18

Laws 2003, LB 242, § 39

Annotations:

The practice of chiropractic and the practice of medicine are distinct professions with different licensing requirements. Nelsen v. Grzywa, 9 Neb. App. 702, 618 N.W.2d 472 (2000).

~Reissue Revised Statutes of Nebraska