An Act To Allow Physicians Licensed in Other States but Trained outside the United States To Practice Medicine in Maine Fiscal Detail and Notes
Maine Legislature, Session 122, LD 1261
Committee Amendment CA_A_S239 (Senate)

COMMITTEE AMENDMENT ·A· to S.P. 441, L.D. 1261, Bill, "An 
Act To Allow Physicians Licensed in Other States but Trained 
outside the United States To Practice Medicine in Maine" 
Amend 
the bill 
in section 
by 
striking 
out all 
of 
subsection 6 (page 1, lines 5 to 37 in L.D.) and inserting in its 
place the following: 
· 6. 
Waiver for exceptional circumstances. 
The board may 
waive the reguirements of subsection 2 for a physician who does 
not meet the postgraduate training reguirements but who meets the 
reguirements of this subsection. 
A. 
To be considered for a waiver under this subsection, the 
physician must: 
( 1) 
Be a graduate of a foreign medical school, not 
including a medical school in Canada or Great Britain; 
(2) 
Be licensed in another state: and 
(3) 
Have at least 3 years of clinical experience in 
the area of expertise. 
B. 
If the physician meets the reguirements of paragraph A, 
the board shall use the following gualifications of the 
physician to determine whether to grant a waiver: 
(1) 
Completion of a 3-year clinical fellowship in the 
United States in the area of expertise. 
The burden of 
proof as to the guality and content of the fellowship 
is placed on the appliCant; 
COMMITTEE AMENDMENT 
6" 
~ 
COMMITTEE AMENDMENT .1'\. to S.P. 441, L.D. 1261 
(2) 
Appointment to a clinical academic position at a 
licensed medical school in the United States; 
(3) 
Publication 
in 
peer-reviewed 
clinical 
medical 
journals recognized by the board; 
(4) 
The number of years in clinical practice; and 
(5) 
Other criteria demonstrating expertise, such as 
awards or other recognition. 
C. 
The costs associated with the board' s determination of 
licensing eligibility in regard to paragraph B must be paid 
by the applicant upon completion of the determination under 
paragraph A. 
The application cost must reflect and not 
exceed the actual cost of the final determination.' 
SUMMARY 
This amendment increases the requirements for consideration 
for 
a 
waiver 
of 
the 
postgraduate training 
requirements 
for 
licensure as a physician in this State from a minimum of 2 years 
of working experience to at least 3 years of clinical experience 
in the area of expertise. It also provides that once the Board of 
Licensure in Medicine has determined that the physician has met 
the basic requirements for consideration of a waiver, it shall 
consider 
physicians 
that 
have 
completed 
a 
3-year 
clinical 
fellowship in the area of expertise. 
The burden of proof is 
placed on the applicant to prove the quality and content of the 
fellowship. 
It also requires the board to consider publication 
in a peer-reviewed clinical medical journal that is recognized by 
the board and the number of years in clinical practice. 
The 
costs associated with the board's determination of licensing 
eligibility must be borne by the applicant. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 05/17/05 :::'kt'ae 
LD 1261 
LR 1837(02) 
An Act To Allow Physicians Licensed in Other States but Trained outside the United States To 
Practice Medicine in Maine 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment A' 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
Additional costs to the Board of Licensure in Medicine, affiliated with the Department of Professional and Financial 
Regulation, to waive the postgraduate training requirements for licensure in the State can be absorbed within existing 
budgeted resources. Requiring that the costs associated with the Board's determination of licensing eligibility be 
borne by the applicant will increase dedicated revenues to the Board. The amount can not be determined at this time. 
LRI837(2) - Fiscal Note - Page 1 of 1