Chapter 48: BOARD OF LICENSURE IN MEDICINE HEADING: PL 1993, C. 600, PT. A, §197 (RPR)
Subchapter 2: LICENSURE HEADING: PL 1993, C. 600, PT. A, §203 (RPR)
§3280-A. Biennial renewal of licenses; qualification; fees; reinstatement after lapse
1.Renewal of licenses. A physician licensed pursuant to section 3271 or 3275 shall apply to the board for relicensure using application forms and
submitting supporting documents required by the board. Except as provided in paragraph A for initial proration of expiration
dates, the board shall provide to every physician whose application is approved and accepted a proof of license renewal that
is valid for no longer than 2 years.
A. Beginning with licenses expiring after July 1, 1994, regardless of the date of initial licensure or last license renewal,
the license of every physician born in an odd-numbered year expires at midnight in 1995 on the last day of the month of the
physician's birth. The license of every physician born in an even-numbered year expires at midnight in 1996 on the last day
of the month of the physician's birth. Upon expiration, a physician must renew the license issued pursuant to this section
and this license must be renewed every 2 years by the last day of the month of birth of the physician seeking license renewal
by means of application to the board, on forms prescribed and supplied by the board. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
B. At least 60 days prior to expiration of a current license, the board shall mail to each licensee at the licensee's last
known address a notice of the requirement to renew the license with appropriate application forms for the renewal. Whenever
a licensee fails, prior to the expiration of the licensee's current license, to return to the board a completed application
either to renew the license or to withdraw from licensure, the board shall notify the licensee as soon as possible at the
licensee's last known address that the license renewal is past due. Thirty days after the notice has been sent, if the application
has neither been submitted by the licensee nor returned by the United States Postal Service as undeliverable, the board shall
notify the licensee by certified mail, return receipt requested, that the licensee's license has been administratively suspended
for 30 days. If an administratively complete relicensure application, pursuant to subsection 3, paragraph B, has not been
submitted within the 30-day period of administrative suspension, the license immediately and automatically lapses. The board
may not restore the license prior to completion of the reinstatement proceedings pursuant to subsection 4. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
[
1993, c. 526, §2 (NEW);
1993, c. 526, §4 (AFF)
.]
2.Criteria for license renewal. Prior to renewing a license:
A. The board may pose any question to the licensee or other sources that the board determines appropriate related to qualification
for relicensure. These matters may include, but are not limited to, confirmation of health status, professional standing
and conduct, professional liability claims history and license status in other jurisdictions. The board shall, after affording
the licensee due process, deny license renewal if the board finds cause that may be considered grounds for refusal to renew
the license pursuant to section 3282-A, including, but not limited to, a determination that an outstanding financial obligation
to the board exists; and [2003, c. 601, §9 (AMD).]
B. Every licensee seeking renewal of a license with the intent of conducting active medical practice in this State shall submit
evidence, satisfactory to the board, of successful completion of a course of continuing medical education within the preceding
24 months, as prescribed by rule. A physician licensed pursuant to section 3271 or 3275 may not engage in the practice of
medicine in this State in any degree, including advising or prescribing medication for self, friends or family with or without
charge, unless the board has found the licensee qualified by continuing medical education and has marked the current license
with the designation "active." [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
[
2003, c. 601, §9 (AMD)
.]
3.Fees. The following fees apply to licensure.
A. The board may charge a license renewal application fee of not more than $500 to all applicants for license renewal. [2005, c. 162, §7 (AMD).]
B. In addition to the application processing fee, the board may require payment of a late application fee of not more than
$100 from all licensees, regardless of age, from whom the board has not received an administratively complete license renewal
application prior to the license expiration date. An application is not administratively complete if it is not signed and
dated by the licensee or does not provide full information and responses of sufficient detail to permit board review, evaluation
and decision on renewal qualification. An application received without the required license renewal application fee is considered
incomplete and the applicant is subject to a late fee. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
C. The board may prorate the fee for biennial relicensure for physicians who have been initially licensed within the past 12
months. The manner of proration, if done, must be explained in the board's published schedule of fees. The board may waive
all or a portion of the established license renewal application fee upon receipt of a request for waiver based on hardship
or other special circumstance. Any waiver request granted and the basis for the waiver must be recorded in the minutes of
the board's proceedings. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
D. Unless received and deposited to the board's account in error and in violation of this section or the board's rules, a license
renewal application fee or late fee paid to the board is not refundable if the board or the board's staff has commenced processing
the application, regardless of the board's action on the application. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
[
2005, c. 162, §7 (AMD)
.]
4.Reinstatement after lapse. A physician may be reinstated after the lapse of a license under the following conditions.
A. A license that has lapsed pursuant to subsection 1, paragraph B may be reinstated upon application by the physician on forms
provided by the board. A physician whose license has lapsed for more than 5 years shall apply for a new license in order
to practice medicine in the State. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
B. When applying for reinstatement, the licensee must state the reason why the license lapsed and pay all fees in arrears at
the time of lapse plus the current license renewal application fee and a nonrefundable reinstatement application processing
fee of $100. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
C. The board may not reinstate a lapsed license if the board finds any cause that may be considered a ground for discipline
pursuant to section 3282-A if the license had been in force. Prior to concluding that no cause exists, the board shall conduct
the inquiries required by subsection 2, paragraph A for applications for renewal. In addition, the board may not reinstate
the license of any physician who has not provided evidence satisfactory to the board of having actively engaged in the practice
of medicine continuously for at least the past 12 months under the license of another jurisdiction of the United States or
Canada unless the applicant has first satisfied the board of the applicant's current competency by passage of written examinations
or practical demonstrations as the board may from time to time prescribe for this purpose through rulemaking. [1993, c. 526, §2 (NEW); 1993, c. 526, §4 (AFF).]
[
1993, c. 526, §2 (NEW);
1993, c. 526, §4 (AFF)
.]
SECTION HISTORY
1993, c. 526, §2 (NEW).
1993, c. 526, §4 (AFF).
1997, c. 680, §C3 (AMD).
1999, c. 685, §11 (AMD).
2003, c. 601, §9 (AMD).
2005, c. 162, §7 (AMD).
Data for this page extracted on 11/16/2009 02:42:06.