KRS 311.571: Qualifications for licenses -- Exception in extraordinary circumstances.

(1) An applicant who is a graduate of a medical or osteopathic school located within

the United States and its territories and protectorates or Canada shall not be eli gible

for a regular license to practice medicine in the Commonwealth unless the

applicant:

(a) Is able to understandably speak, read, and write the English language;

(b) Has graduated from an accredited college or university or has satisfactorily

completed a collegiate course of study necessary for entry into an approved

medical or osteopathic school or college;

(c) Has graduated from a prescribed course of instruction in a medical or

osteopathic school or college situated in the United States or Canada and

approved by the board;

(d) Has satisfactorily completed a prescribed course of postgraduate training of a

duration to be established by the board in an administrative regulation

promulgated in accordance with KRS Chapter 13A, after consultation with the

University of Kentucky College of Medicine, the University of Louisville

School of Medicine, and the Pikeville College School of Osteopathic

Medicine;

(e) Has successfully completed an examination prescribed by the board; and

(f) Has fulfilled all other rea sonable qualifications for regular licensure that the

board may require by administrative regulations promulgated in accordance

with KRS Chapter 13A.

(2) An applicant who is a graduate of a medical or osteopathic school located outside

the United States or Canada shall not be eligible for a regular license to practice

medicine in the Commonwealth unless the applicant:

(a) Is able to understandably speak, read, and write the English language;

(b) Has successfully completed a course of study necessary for ent ry into an

approved medical or osteopathic school or college;

(c) Has graduated from a prescribed course of instruction in a medical or

osteopathic school or college situated outside the United States or Canada and

approved by the board or is a citizen of the United States and has been

awarded a diploma by an approved me dical or osteopathic school located

within the United States or Canada as part of a program designed to allow for

the transfer of students to such schools from schools located outside the

United States or Canada;

(d) Has successfully completed an examination prescribed by the board;

(e) Has been certified by the educational commission for foreign medical

graduates or by an approved United States specialty board;

(f) Has satisfactorily completed a prescribed course of postgraduate training of a

duration to b e established by the board in an administrative regulation

promulgated in accordance with KRS Chapter 13A, after consultation with the

University of Kentucky College of Medicine, the University of Louisville

School of Medicine, and the Pikeville College Sc hool of Osteopathic

Medicine; and

(g) Has fulfilled all other reasonable qualifications for regular licensure that the

board may require by administrative regulations promulgated in accordance

with KRS Chapter 13A.

(3) An applicant shall not be eligible fo r a limited license -institutional practice unless

the applicant:

(a) Has fulfilled all the requirements for regular licensure as delineated in

subsection (1) of this section; or

(b) Has fulfilled the requirements for regular licensure as delineated in subs ection

(2)(a) to (e) and (g) of this section and in addition has satisfactorily completed

a prescribed course of postgraduate training of at least one (1) full year's

duration approved by the board; and

(c) Has fulfilled all other reasonable qualifications for limited licensure that the

board may require by administrative regulations promulgated in accordance

with KRS Chapter 13A.

(4) The board may grant an applicant a limited license -institutional practice for a

renewable period of one (1) year if the applicant:

(a) Has fulfilled the requirements for regular licensure as delineated in subsection

(2)(a), (b), (d), (e), and (g) of this section;

(b) Has fulfilled the requirements for a limited license -institutional practice as

indicated in subsection (3)(c) of this section; and

(c) Has satisfactorily completed a prescribed course of postgraduate training of at

least one (1) full year's duration approved by the board.

(5) The board may grant an applicant a fellowship training license for a renewable

period of one (1) year if the applicant:

(a) Has been accepted for a fellowship approved by the administration of any of

Kentucky's medical schools and conducted under the auspices of that medical

school; or

(b) Has graduated from a medical school located outside the United States or

Canada that has been approved by the board, and:

1. Has been certified by the appropriate licensing authority in his or her

home country in the subject specialty of the fellowship; and

2. Is able to demonstrate that he or she is a physician of good character and

is in good standing in the country where he or she normally practices

medicine.

(6) (a) The board may grant an applicant a special faculty license for a renewable

period of one (1) year if the applicant:

1. Holds or has been offered a full -time faculty appointment at an

accredited Kentucky medical or osteopathic school approved by the

board and is nominated for a special faculty license by the dean of the

school of medicine or school of osteopathy;

2. Possesses a current valid licens e to practice medicine or osteopathy

issued by another state, country, or other jurisdiction;

3. Is able to understandably speak, read, and write the English language;

4. Is board certified in his or her specialty;

5. Is not otherwise eligible for a regular license under this chapter; and

6. Is not subject to denial of a license under any provision of this chapter.

(b) The applicant shall submit the fee established by administrative regulation

promulgated in accordance with KRS Chapter 13A by the board for an initial

license to practice medicine.

(c) An applicant approved for a license under this subsection shall not eng age in

the practice of medicine or osteopathy outside an accredited medical school

program or osteopathic school program and any affiliated institution or

program for which the medical school or osteopathic school has assumed

direct responsibility.

(d) The board may grant a regular license to practice medicine or osteopathy to a

person who has had a special faculty license for a period of at least five (5)

consecutive years.

(7) An applicant seeking regular licensure in the Commonwealth who was originally

licensed in another state may obtain licensure in the Commonwealth without further

testing and training if the applicant:

(a) Has been endorsed in writing by the applicant's original licensing state as

being licensed in good standing in that state; and

(b) Would have satisfied all the requirements for regular licensure described in

the preceding subsections had the applicant sought original licensure in this

state.

(8) An applicant shall be eligible for a provisional license if the applicant has:

(a) Fulfilled:

1. The requirements for regular licensure in subsection (1)(a), (b), (c), and

(e) of this section; or

2. The requirements for regular licensure in subsection (2)(a), (b), (c), (d),

and (e) of this section;

(b) An offer for employment as a physician with a sponsor that is:

1. A professional practice, healthcare entity, or corporation that operates

and is licensed or authorized to provide healthcare in the

Commonwealth; and

2. Located in a medically underserved area as defined by the secretary of

the United States Department of Health and Human Services;

(c) Good standing or authorization to practice medicine with the medical

licensing or regulatory institution of his or her licensing country within the

last five (5) years;

(d) Completed a residency or sub stantially similar postgraduate medical training;

and

(e) Practiced as a medical professional performing the duties of a physician in his

or her licensing country for no less than five (5) years.

(9) A provisional license granted under subsection (8) of th is section shall

automatically be converted into a regular license to practice medicine in the

Commonwealth after three (3) years with the employing sponsor.

(10) A provisional licensee whose license has been converted to a regular license to

practice medicine shall not be required to maintain employment with the original

employing sponsor at the conclusion of provisional licensing period.

(11) The board may revoke a provisional license granted under subsection (8) of this

section if:

(a) The provisional licensee is not employed with a sponsor that is a professional

practice, healthcare entity, or corporation that operates and is licensed or

authorized to provide healthcare in the Commonwealth during the three (3)

year provisional period; or

(b) The provisio nal licensee has engaged in unacceptable conduct under KRS

311.595 or 311.597.

(12) An applicant shall not be granted licensure in the Commonwealth unless the

applicant has successfully completed an examination prescribed by the board in

accordance with an y requirements the board may establish by administrative

regulation in accordance with KRS Chapter 13A concerning passing scores, testing

opportunities and test score recognition.

(13) Notwithstanding any of the requirements for licensure established in subsections (1)

to (12) of this section and after providing the applicant or reregistrant with

reasonable notice of its intended action and after providing a reasonable opportunity

to be heard, the board may deny licensure to an applicant or the reregistrant of an

inactive license without a prior evidentiary hearing upon a finding that the applicant

or reregistrant has violated any provision of KRS 311.595 or 311.597 or is

otherwise unfit to practice. Orders denying licensure may be appealed pursuant to

KRS 311.593.

(14) Notwithstanding any provision of subsections (1) to (12) of this section, the board

may grant licensure to an applicant in extraordinary circumstances upon a finding

by the board that based on the applicant's exceptional education, training, a nd

practice credentials, the applicant's practice in the Commonwealth would be

beneficial to the public welfare.

(15) Notwithstanding any provision of this section, the board may exercise its discretion

to grant a visiting professor license to an applicant after considering the following:

(a) Whether the applicant meets the qualifications for a regular license;

(b) Whether the applicant is licensed to practice medicine in other states or in

other countries; and

(c) The recommendation of the program director of an accredited medical school

that confirms the applicant's employment as a visiting professor and that

includes, if necessary, written justification for a waiver of the requirements

specified in subsections (1) and (2) of this section.

Orders denying applications for a visiting professor license shall not be appealed

under KRS 311.593.