Subchapter B. GENERAL LICENSE, CERTIFICATION AND REGISTRATION PROVISIONS

§ 16.11. Licenses, certificates and registrations.

 (a)  The following medical doctor licenses are issued by the Board:

   (1)  License without restriction.

   (2)  Institutional license.

   (3)  Extraterritorial license.

   (4)  Graduate license.

   (5)  Temporary license.

   (6)  Interim limited license.

 (b)  The following nonmedical doctor licenses are issued by the Board:

   (1)  Midwife license.

   (2)  Physician assistant license.

 (c)  The following registrations are issued by the Board:

   (1)  Registration as a supervising physician of a physician assistant.

   (2)  Registration as an acupuncturist.

   (3)  Registration as a practitioner of Oriental medicine.

   (4)  Biennial registration of a license without restriction.

   (5)  Biennial registration of an extraterritorial license.

   (6)  Biennial registration of a midwife license.

   (7)  Biennial registration of a physician assistant license.

   (8)  Biennial registration of a drugless therapist license.

   (9)  Biennial registration of a limited license-permanent.

   (10)  Biennial registration of an acupuncturist registration.

   (11)  Biennial registration as a practitioner of Oriental medicine.

   The provisions of this §  16.11 amended under sections 8, 13 and 36 of the Medical Practice Act of 1985 (63 P. S. § §  422.8, 422.13 and 422.36); amended under section 3 of the Acupuncture Registration Act (63 P. S. §  1803).

 To qualify for a license or certificate issued by the Board, an applicant shall establish that the following criteria are satisfied:

   (1)  The applicant is of legal age.

   (2)  The applicant is of good moral character.

   (3)  The applicant is not intemperately using alcohol or habitually using narcotics or other habit-forming drugs.

   (4)  The applicant has not been convicted of a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-144) or of an offense under the statutes of another jurisdiction which, if committed in this Commonwealth, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act, unless the following apply:

     (i)   At least 10 years have elapsed from the date of conviction.

     (ii)   The applicant satisfactorily demonstrates to the Board that he has made significant progress in personal rehabilitation since the conviction so that licensure or certification of the applicant is not expected to create a substantial risk of harm to the health and safety of patients or the public or substantial risk of further criminal violations.

     (iii)   The applicant otherwise satisfies the qualifications contained in the act, this chapter and Chapters 17 and 18 (relating to State Board of Medicine—medical doctors; and State Board of Medicine—practitioners other than medical doctors).

 (a)  Medical Doctor License:

   License Without Restriction:

 Application, graduate of accredited medical college…$35

 Application, graduate of unaccredited medical
 college…$85

 Biennial renewal…$360

   Extraterritorial License:

 Application…$30

 Biennial renewal…$80

   Graduate License:

 Application, graduate of accredited medical college…$30

 Application, graduate of unaccredited medical
 college…$85

 Annual renewal…$15

   Interim Limited License:

 Application…$30

 Biennial renewal…$10

   Miscellaneous:

 Application, institutional license…$35

 Application, temporary license…$45

 Biennial renewal, limited license (permanent)…$25

 (b)  Midwife License:

   Application…$30

   Biennial renewal…$40

 (c)  Physician Assistant License:

   Application…$30

   Biennial renewal…$40

   Registration, supervising physician…$35

   Registration of additional supervising physicians…$5

   Satellite location approval…$25

 (d)  Acupuncturist registration:

   (1)  Acupuncturist

     Application$30

     Biennial renewal$40

   (2)  Practitioner of Oriental medicine registration:

     Application$30

     Biennial renewal$40

 (e)  Drugless therapist license:

   Biennial renewal$35

 (f)  Radiology Technician:

   Application for examination…$25

 (g)  Respiratory Care Practitioner Certificate:

   Application, temporary permit…$30

   Application, initial certification…$30

   Biennial renewal…$25

 (h)  Athletic Trainer:

   Application for certification…$20

   Biennial renewal…$37

 (i)  Verification or Certification:

   Verification of status…$15

   Certification of records…$25

 (j)  Examination Fees:

 The State Board of Medicine has adopted Nationally recognized examinations in each licensing class. Fees are established by the National owners/providers of the examinations and are indicated in the examination applications.

   The provisions of this §  16.13 amended under sections 6, 8, 24 and 51.1(d) of the Medical Practice Act of 1985 (63 P. S. § §  422.6, 422.8, 422.24 and 422.51a(d)); section 812.1 of The Administrative Act of 1929 (71 P. S. §  279.3a); and sections 6, 8, 13, 25 and 36 of the Medical Practice Act of 1985 (63 P. S. § §  422.6, 422.8, 422.13, 422.25 and 422.36); amended under section 3 of the Acpuncture Registration Act (63 P. S. §  1803).

   The provisions of this §  16.13 adopted January 2, 1987, effective immediately and applies retroactivity to December 31, 1986, 17 Pa.B. 24; amended July 17, 1987, effective July 18, 1987, 17 Pa.B. 3021; amended July 22, 1988, effective immediately, 18 Pa.B. 3210; amended June 22, 1990, effective June 23, 1990, 20 Pa.B. 3495; amended July 27, 1990, effective July 28, 1990, 20 Pa.B. 4085; amended January 18, 1991, effective January 19, 1991, 21 Pa.B. 226; amended May 24, 1991, effective May 25, 1991, 21 Pa.B. 2489; amended December 24, 1992, effective December 26, 1992, 22 Pa.B. 6117; amended August 13, 1993, effective August 14, 1993, 23 Pa.B. 3780; amended March 25, 1994, effective March 26, 1994, 24 Pa.B. 1581; amended February 2, 1996, effective February 3, 1996, and apply to examinations administered on and after September 1, 1995, 26 Pa.B. 487; amended September 13, 1996, effective August 14, 1993, 26 Pa.B. 4411; amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4721; amended January 11, 2002, effective January 12, 2002, 32 Pa.B. 249; amended July 5, 2002, effective July 6, 2002, 32 Pa.B. 3217; amended November 17, 2006, effective November 18, 2006, 36 Pa.B. 7009; amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644; amended July 13, 2007, effective July 14, 2007, 37 Pa.B. 3230. Immediately preceding text appears at serial pages (326804) to (326806).

 (a)  A person licensed or certified by the Board, or registered as an acupuncturist or as a practitioner of Oriental medicine with the Board, shall register biennially to retain the right to engage in practice unless specifically exempted within this section. Initial registration shall automatically occur when the license, certificate or registration is issued.

 (b)  The following licenses, certificates and registration are not subject to biennial registration:

   (1)  Institutional license.

   (2)  Graduate license.

   (3)  Temporary license.

   (4)  Interim limited license.

   (5)  Registration as a physician assistant supervisor of a physician assistant.

 (c)  Registration for a biennium expires December 31 of every even-numbered year. Application for biennial registration shall be made upon forms supplied by the Board. The forms shall be filed with the Board with the required registration fee prior to the expiration of the previous biennial registration.

 (d)  Biennial registration forms and other forms or literature to be distributed by the Board will be forwarded to the last mailing address given the Board by the licensee, registrant or certificate holder. If the mailing address of record is changed, the Board shall be notified, in writing, within 15 days after making the address change. Failure of the Board to send, or of the individual to receive, a biennial registration application, does not relieve the individual of the biennial registration responsibility.

 (e)  A failure to pay the biennial registration fee by the required time automatically causes the license, certificate or registration to be placed in an unregistered status. A person who desires to become inactive shall notify the Board, in writing, prior to doing so, and the license, certificate or registration will be placed in inactive status. The licensee, registrant or certificate holder who either fails to pay the biennial registration fee or who notifies the Board of the desire to become inactive will not be sent biennial registration forms for the following or subsequent biennial registration periods unless that individual notifies the Board, in writing, of a desire to again register the license, certificate or registration.

 (f)  If all other conditions have been met, registered status will be restored upon the payment of fees and penalties which have accrued.

 (g)  The holder of a license, certificate or registration is not permitted to engage in practice in this Commonwealth unless the current registration fee is paid. If a person engages in practice in this Commonwealth during the period in which registration was not renewed, that individual is required to pay a $5 fee for each month or part of a month after the date specified for renewal of the biennial registration, and may be subject to possible disciplinary proceedings and criminal prosecution.

 (h)  The holder of a license, certificate or registration applying to return to registered status is required to pay the current and back registration and penalty fees which are due, submit a notarized affidavit setting forth the period of time in which the individual did not practice in this Commonwealth, submit a resume of activities since that person was last registered and comply with §  16.16(c) (relating to reporting of disciplinary actions, criminal dispositions and other licenses, certificates or authorizations to practice), absent the 30-day grace period provided for in this subsection.

 (i)  The licensee, registrant or certificate holder who seeks to update his registration will not be assessed a fee or penalty for a preceding biennial registration period in which that person did not engage in practice in this Commonwealth.

 (j)  If the person has not been practicing in this Commonwealth for longer than 4 years, the Board may require that a personal interview be conducted by a designated Board member or representative to ascertain the physical and mental fitness of the applicant to practice in this Commonwealth.

   The provisions of this §  16.15 amended under sections 13 and 36 of the Medical Practice Act of 1985 (63 P. S. § §  422.13 and 422.36); amended under section 3 of the Acupuncture Registration Act (63 P. S. §  1803).

   The provisions of this §  16.15 amended August 13, 1993, effective August 14, 1993, 23 Pa.B. 3780; amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644. Immediately preceding text appears at serial pages (323406) to (323408).

 (a)  An applicant for a license, certificate or registration issued by the Board shall apprise the Board of any of the following:

   (1)  A license, certificate or other authorization to practice a profession issued, denied or limited by another state, territory or possession of the United States, another country or a branch of the Federal government.

   (2)  Disciplinary action instituted against the applicant by a licensing authority of another state, territory or possession of the United States, another country or a branch of the Federal government.

   (3)  A finding or verdict of guilt, an admission of guilt, a plea of nolo contendere, probation without verdict, a disposition in lieu of trial or an accelerated rehabilitative disposition with respect to a felony offense or a misdemeanor offense relating to a health care practice or profession.

 (b)  Portions of applications provided by the Board will be reserved to assist applicants in meeting the reporting responsibilities enumerated in subsection (a).

 (c)  The reporting responsibilities enumerated in subsection (a) continue after the Board issues a license, certificate or registration. If, after the Board has issued a license, certificate or registration, any of the events in subsection (a) occur, the person shall report that matter to the Board in writing within 30 days after its occurrence.

   The provisions of this §  16.16 amended under section 3 of the Acupuncture Registration Act (63 P. S. §  1803).

   The provisions of this §  16.16 amended April 13, 2007, effective April 14, 2007, 37 Pa.B. 1644. Immediately preceding text appears at serial page (323408).

 (a)  The status of a license, certificate or registration issued by the Board will be certified by the Board to other jurisdictions or persons upon formal application and payment of the fee indicated under §  16.13 (relating to licensure, certification, examination and registration fees).

 (b)  A person who is licensed, certified or registered by the Board who seeks a license, certificate or registration in another jurisdiction or country, may be required to arrange for the Board to provide certain information to the licensing authority in the other jurisdiction by the Board completing a document and then forwarding the document to the other licensing authority. In that case, the document shall be completed prior to being submitted to the Board with the exception of the portion to be completed by the Board. It shall then be forwarded to the Board with the request that it be completed and forwarded to the licensing authority in the other jurisdiction.

 (c)  A request to certify the status of a person’s license, certificate or registration or information regarding a person’s license, certificate or registration status shall be forwarded to the Board, accompanied by the fee indicated under §  16.13 in the form of a certified check, cashier’s check, money order or personal check payable to the Commonwealth of Pennsylvania.

 (a)  Purpose and definitions.

   (1)  The following subsections implement the Volunteer Health Services Act (35 P. S. § §  449.41—449.50) and provide for the issuance of a volunteer license to a qualified Board-regulated practitioner as defined in section 2 of the act (63 P. S. §  422.2), who retires from active practice and seeks to provide professional services as a volunteer. A volunteer license authorizes the holder to practice only in an organized community-based clinic without remuneration.

   (2)  The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   Approved clinic—An organized community-based clinic offering primary health care services to individuals and families who cannot pay for their care, to Medical Assistance clients or to residents of medically underserved areas or health professionals shortage areas. The term includes a State health center, nonprofit community-based clinic and Federally qualified health center, as designated by Federal rulemaking or as approved by the Department of Health or the Department of Public Welfare.

   Unrestricted license—A license which is not restricted or limited by order of the Board under its disciplinary power.

 (b)  License. A volunteer license may be issued to a Board-regulated practitioner of the Board who documents to the satisfaction of the Board that the applicant will practice without personal remuneration in approved clinics and meets one of the following:

   (1)  Holds a currently renewed, active, unrestricted license, registration or certificate in this Commonwealth and retires from active practice at the time the applicant applies for a volunteer license.

   (2)  Retires from active practice in this Commonwealth in possession of an unrestricted license which was allowed to lapse by not renewing it.

 (c)  Applications. An applicant for a volunteer license shall complete an application obtained from the Board. In addition to providing information requested by the Board, the applicant shall provide:

   (1)  An executed verification on forms provided by the Board certifying that the applicant intends to practice exclusively as follows:

     (i)   Without personal remuneration for professional services.

     (ii)   In an approved clinic.

   (2)  A letter signed by the director or chief operating officer of an approved clinic that the applicant has been authorized to provide volunteer services in the named clinic by the governing body or responsible officer of the clinic.

 (d)  Validity of license. A volunteer license shall be valid for the biennial period for which it is issued, subject to biennial renewal. During each biennial renewal period, the volunteer license holder shall notify the Board of any change in clinic or volunteer status within 30 days of the date of a change, or at the time of renewal, whichever occurs first.

 (e)  Renewal of license. A volunteer license shall be renewed biennially on forms provided by the Board. The applicant shall be exempt from payment of the biennial renewal fee of §  16.13 (relating to licensure, certification, examination and registration fees), and shall be exempt from the requirements with regard to the maintenance of liability insurance coverage under section 701 of the Health Care Services Malpractice Act (40 P. S. §  1301.701) and §  16.31 (relating to notification).

 (f)  Return to active practice. A volunteer license holder who desires to return to active practice shall notify the Board and apply for biennial registration on forms provided by the Board.

 (g)  Disciplinary provisions. A volunteer license holder shall be subject to the disciplinary provisions of the act and this chapter. Failure of the licensee to comply with the Volunteer Health Services Act (35 P. S. § §  449.41—449.50) or this section may also constitute grounds for disciplinary action.

   The provisions of this §  16.18 issued under section 5 of the Volunteer Health Services Act (35 P. S. §  449.45); and section 8 of the Medical Practice Act (63 P. S. §  422.8).

 (a)  Beginning with the licensure renewal period commencing January 1, 2005, proof of completion of 25 credit hours of continuing medical education in the preceding biennial period will be required for licensure renewal for medical doctors. The 25 credit hours for the January 1, 2005, license renewal period may be completed in either AMA PRA Category 1 or AMA PRA Category 2 activities, and must include 3 hours in patient safety and risk management.

 (b)  Beginning with the licensure renewal period commencing January 1, 2007, proof of completion of 100 credit hours of continuing medical education in the preceding biennial period will be required for licensure renewal for medical doctors.

   (1)  At least 20 credit hours shall be completed in AMA PRA category 1 approved activities. At least 12 credit hours shall be completed in AMA PRA Category 1 or AMA PRA Category 2 approved activities in the area of patient safety and risk management. Approved activities in the area of patient safety and risk management may include topics such as improving medical records and recordkeeping, reducing medical errors, professional conduct and ethics, improving communications, preventative medicine and healthcare quality improvement. The remaining credit hours shall be completed in AMA PRA Category 1 or AMA PRA Category 2 approved activities. Credit will not be granted for courses in office management or practice building.

   (2)  Physicians shall retain official documentation of attendance for 2 years after renewal, and shall certify completed activities on a form provided by the Board for that purpose, to be filed with the biennial renewal form. Official documentation proving completion of continuing medical education activities shall be produced, upon Board demand, under random audits of reported credit hours. Electronic submission of documentation is permissible to prove compliance with this subsection. Noncompliance may result in disciplinary proceedings under section 41(6) of the Medical Practice Act of 1985 (63 P. S. 422.41(6)).

     (i)   Acceptable documentation for Category 1 activities are:

       (A)   AMA PRA certificates.

       (B)   Certificate of completion of a Category 1 activity sponsored by an organization accredited by ACCME or designee of the ACCME.

       (C)   Certificates from a medical professional society or specialty certification by a member organization of the American Board of Medical Specialties.

       (D)   Healthcare system credential certification.

       (E)   Third party payor credentialing certification.

       (F)   Certification by a CME organization whose standards meet or exceed those established by AMA PRA.

     (ii)   Acceptable documentation for Category 2 activities are:

       (A)   Documentation from sources acceptable for Category 1 activities.

       (B)   Documentation maintained by the physician contemporaneous to the CME activity such as personal log books, diaries, journal notes or applications for credentialing or certification by an organization recognized by the ACCME or designee of the ACCME. The documentation shall identify the activity and the amount of time spent in the activity.

   (3)  The following exemptions apply for certain physicians:

     (i)   A physician applying for licensure in this Commonwealth for the first time shall be exempt from the continuing medical education requirement for the biennial renewal period following initial licensure.

     (ii)   A physician holding a current temporary training license shall be exempt from the continuing medical education requirement.

     (iii)   A retired physician who provides care only to immediate family members shall be exempt from the continuing medical education requirement.

     (iv)   A physician who is on inactive status shall be exempt from the continuing medical education requirement, except that a physician who is seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennium.

   (4)  A physician suspended for disciplinary reasons is not exempt from the requirements of this section.

   (5)  Waiver of the CME requirements may be permitted, as follows:

     (i)   The Board may grant a hardship waiver of all or a part of the continuing medical education requirement in cases of serious illness, military service or other good cause provided that the public’s safety and welfare will not be jeopardized by the granting of the waiver.

     (ii)   A request for waiver must be made in writing, with appropriate documentation, and include a description of circumstances sufficient to show why compliance is impossible.

     (iii)   Waiver requests will be evaluated by the Board on a case-by-case basis. The Board will send written notification of its approval or denial of a waiver request.

   The provisions of this §  16.19 issued under section 910 of the Medical Care Availability and Reduction of Error (MCARE) Act (40 P. S. §  1303.910).

   The provisions of this §  16.19 adopted August 27, 2004, effective August 28, 2004, 34 Pa.B. 4686.