Iowa Admin. Code r. 653-10.5 - Temporary licensure
The
(1)
General provisions.
a. The
temporary license to practice is intended for a physician to participate in a
board-approved activity , as defined in rule
653-10.1 (147,148), in Iowa that
is short-term. Temporary licensure is not intended to be a way for a physician
to practice before a permanent license is granted. Temporary licensure is not
intended for locum tenens.
b. The
board may issue a temporary license authorizing the physician to practice in a
board-approved activity . The license may be restricted to the board-approved
activity , location(s) or time period of up to one year.
(1) A physician who is granted a temporary
license for a board-approved activity may qualify for renewal of that license
if the physician needs an extension of the license for the original purpose or
to pursue more than one board-approved activity within a year.
(2) A physician who wishes to continue in a
board-approved activity in Iowa for short intervals beyond one year is eligible
for a temporary license each year after reapplying and qualifying on an annual
basis.
c. A physician
incidentally called into this state in consultation with a physician and
surgeon licensed in this state, as defined in rule
653-10.1 (147,148), is not
required to obtain a temporary license in Iowa.
d. A physician who seeks to practice in Iowa
and does not qualify for a temporary license may be eligible for permanent
licensure under 653-Chapter 9.
e.
The board may take disciplinary action on a temporary license if the licensee
has practiced outside the scope of the temporary license or for any of the
grounds for which licensure may be revoked or suspended as specified in Iowa
Code sections
147.55,
148.6,
and
272C.10
and 653-Chapter 23. Contested case proceedings shall be governed by the
provisions of 653-Chapter 25.
f. A
physician who holds a temporary license shall notify the board of any change in
address within three days of making an address change.
g. A physician who holds a temporary license
shall notify the board of any change in name within one month of making the
name change. Notification requires a notarized copy of a marriage license or a
notarized copy of court documents.
h. The file of a physician who holds a
temporary license shall be closed and labeled "deceased" when the board
receives a copy of the physician 's death certificate.
(2)
Temporary license
eligibility. To be eligible for a temporary license , an applicant
shall meet all of the following requirements:
a. Fulfill the requirements specified in
subrules 10.5(3) and 10.5(4);
b. Be
at least 21 years of age;
c. Hold a
medical degree from an educational institution approved by the board (if the
applicant is an international medical graduate, the educational institution
must be listed in the International Medical Education Directory);
d. Hold a current active, unrestricted
license to practice medicine issued by any jurisdiction ;
e. Be fluent in the English
language;
f. Present a letter
justifying the need for temporary licensure from the organization or individual
seeking the applicant 's participation in a board-approved activity ;
g. The applicant 's license is not denied by
the board due to the commission of a disqualifying offense, as provided in
653-subrule 9.3(3).
(3)
Requirements for a temporary license . To apply for a temporary
license , an applicant shall complete the requirements in
paragraphs"a" and "b" :
a. Pay a nonrefundable application fee of
$100 plus the $45 fee identified in 653-subrule 8.4(6) for the evaluation of
the fingerprint packet and the criminal history background checks by the Iowa
division of criminal investigation (DCI) and the Federal Bureau of
Investigation (FBI). A physician who is serving as a camp physician and who is
not receiving payment other than expenses shall be exempt from the license
application fee and the fee for the criminal history background
check.
b. Complete and submit forms
provided by the board , including required credentials, documents, a completed
fingerprint packet and a sworn statement by the applicant attesting to the
truth of all information provided by the applicant .
(4)
Application. The
application shall require the following information:
a. The applicant 's full legal name, date and
place of birth, home address, mailing address and principal business
address;
b. A photograph of the
applicant suitable for positive identification;
c. A statement listing every jurisdiction in
which the applicant is or has been authorized to practice , including the
applicant 's license number and date of issuance of the license ;
d. A chronology accounting for all time
periods from the date the applicant entered medical school to the date of the
application;
e. A statement by the
applicant that discloses and explains any warnings issued, investigations
conducted, or disciplinary actions taken, whether by voluntary agreement or
formal action, by a medical or professional regulatory authority, an
educational institution, training or research program, or health facility in
any jurisdiction ;
f. A statement of
the applicant 's physical and mental health, including full disclosure and a
written explanation of any dysfunction or impairment which may affect the
ability of the applicant to engage in practice and provide patients with safe
and healthful care;
g. A statement
disclosing and explaining the applicant 's involvement in civil litigation
related to practice in any jurisdiction . Copies of the legal documents may be
requested if needed during the review process;
h. A statement disclosing and explaining any
charge of a misdemeanor or felony involving the applicant , filed in any
jurisdiction , whether or not any appeal or other proceeding is pending to have
the conviction or plea set aside;
i. A statement from the applicant that
justifies the need for a temporary license , including where the applicant
intends to practice and the type of practice involved;
j. A letter from the Iowa organization or
individual seeking the applicant 's services that explains the need for the
applicant 's participation in the board-approved activity in Iowa, the time
period involved, the scope of practice , and the exact location and facilities
where the board-approved activity will occur;
k. For an international medical graduate who
does not hold a license in good standing in any United States jurisdiction , a
statement, which shall be submitted by the Iowa organization or individual
offering the board-approved activity , identifying who the applicant 's immediate
supervisor will be;
l. For an
international medical graduate who does not hold a license in good standing in
any United States jurisdiction :
(1)
Verification, which shall be submitted from the licensing authority of the
country in which the physician is licensed, that the physician has a license in
good standing;
(2) Evidence of
fluency in the English language;
m. For a resident physician who does not hold
a current, active resident or permanent license in the home state of the
resident training program , a statement, which shall be submitted by the
resident director or individual offering the board-approved activity ,
identifying who the applicant 's immediate supervisor will be.
n. A completed fingerprint packet to
facilitate a national criminal history background check. The fee for the
evaluation of the fingerprint packet and the DCI and FBI criminal history
background checks will be assessed to the applicant .
(5)
Standard application review
process for a temporary license . The standard review process shall be
utilized to review each application for a temporary license , except that the
process identified in subrule 10.5(6) shall be used for any international
medical graduate who does not currently hold a license in good standing in any
United States jurisdiction or for any physician who seeks temporary licensure
for an activity not listed in paragraphs "1" through "6" of the definition of
"board-approved activity " in rule
653-10.1 (147,148). The standard
application review process is as follows:
a.
An application shall be considered open from the date the application form and
the nonrefundable fees are received in the board office.
b. After reviewing each application, staff
shall notify the applicant or designee about how to resolve any problems
identified by the reviewer.
c. If
the final review indicates no questions or concerns regarding the applicant 's
qualifications for temporary licensure or the need for a temporary licensee ,
staff may administratively grant a temporary license to the applicant for a
specific activity, location(s) or specified duration based on the nature of the
board-approved activity . The license shall not be granted for a period longer
than one year.
d. If the final
review indicates questions or concerns that cannot be remedied by continued
communication with the applicant , then the executive director , the director of
licensure and administration, and the director of legal affairs shall determine
if the questions or concerns indicate any uncertainty about the applicant 's
current qualifications for temporary licensure or the organization's or
requesting individual's need for a licensee with a temporary license .
(1) If there is no current concern, staff
shall administratively grant a temporary license .
(2) If any concern exists, the application
shall be referred to the committee .
e. Staff shall refer to the committee for
review matters that include, but are not limited to, falsification of
information on the application, criminal record, malpractice , substance abuse,
competency, physical or mental illness, educational disciplinary history, or
questionable need on the part of the organization.
f. If the committee is able to eliminate
questions or concerns without dissension from staff or a committee member, the
committee may direct staff to administratively grant a temporary license for a
specific activity, location(s) or specified duration based on the nature of the
board-approved activity .
g. If the
committee is not able to eliminate questions or concerns without dissension
from staff or a committee member, the committee shall recommend that the board :
(1) Grant a temporary license for a specific
activity, location(s) or specified duration based on the nature of the
board-approved activity ;
(2) Grant
a temporary license under certain terms and conditions or with certain
restrictions;
(3) Deny a temporary
license ; or
(4) Request that the
applicant withdraw the temporary licensure application.
h. The board shall consider applications and
recommendations from the committee and shall:
(1) Grant a temporary license for a specific
activity, location(s) or specified duration based on the nature of the
board-approved activity ;
(2) Grant
a temporary license under certain terms and conditions or with certain
restrictions;
(3) Request that the
applicant withdraw the temporary licensure application. The request shall not
imply that the applicant is ineligible for permanent licensure if that
application process is pursued; or
(4) Deny a temporary license . The board may
deny a temporary license for any grounds on which the board may discipline a
license or for lack of need for a physician 's services by the organization or
individual. The procedure for appealing a license denial is set forth in
653-9.17
(147,148).
(6)
Application review process for applicants with certain
exceptions. This application process shall be used to review
applications submitted by an international medical graduate who does not
currently hold a license in good standing in any United States jurisdiction or
by a physician seeking temporary licensure for an activity not listed in
paragraphs "1" through "6" of the definition of "board-approved activity " in
rule 653-10.1 (147,148). Following is
the application review process for applicants with exceptions:
a. An application shall be considered open
from the date the application form and the nonrefundable fees are received in
the board office.
b. After
reviewing each application, staff shall notify the applicant or designee about
how to resolve any problems identified by the reviewer.
c. If the final review indicates no questions
or concerns regarding the applicant 's qualifications for temporary licensure or
the need for a temporary license , staff shall submit the application to the
committee for review and recommendation to the board about whether to grant a
temporary license to the physician and whether the license should be granted
for a specific activity, location(s) or specified duration based on the nature
of the board-approved activity .
d.
The board shall consider applications and recommendations from the committee
and shall:
(1) Grant a temporary license for
a specific activity, location(s) or specified duration based on the nature of
the board-approved activity ;
(2)
Grant a temporary license under certain terms and conditions or with certain
restrictions;
(3) Request that the
applicant withdraw the temporary licensure application. The request shall not
imply that the applicant is ineligible for permanent licensure if that
application process is pursued; or
(4) Deny a temporary license . The board may
deny a temporary license for any grounds on which the board may discipline a
license or for lack of need for a physician 's services by the organization or
individual. The procedure for appealing a license denial is set forth in
653-9.17
(147,148).
(7)
Temporary license application cycle. If the applicant does not
submit all materials within 90 days of the board 's initial request for further
information, the application shall be considered inactive. The board office
shall notify the applicant of this change in status. An applicant whose
application is inactive must reapply and submit new nonrefundable fees and a
new application, documents and credentials if the applicant wishes to pursue
temporary licensure.
(8)
Renewal of a temporary license .
a. When the temporary license is granted, the
board shall inform the licensee that the license may be renewed within the
year, if the same need for a temporary license continues. The board shall not
send a notice of renewal.
b. To
apply for renewal of a temporary license , the licensee shall submit the
following:
(1) A request for
renewal;
(2) The renewal fee of
$50; and
(3) Written justification
for the renewal from the organization or individual seeking the applicant .
Failure of the
Notes
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