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Rules of Department of Economic Development Division 150State Board of Registration for the Healing Arts Chapter 2Licensing of Physicians and Surgeons Title Page 4 CSR 150-2.001 Definitions .......................................................................................3 4 CSR 150-2.004 Postgraduate Training Requirements for Permanent Licensure .........................3 4 CSR 150-2.005 Examination Requirements for Permanent Licensure.....................................4 4 CSR 150-2.010 Applicants for Licensing by Examination ..................................................4 4 CSR 150-2.015 Determination of Competency ................................................................5 4 CSR 150-2.020 Examination .....................................................................................6 4 CSR 150-2.030 Licensing by Reciprocity ......................................................................6 4 CSR 150-2.040 Application Forms ..............................................................................9 4 CSR 150-2.050 Annual Registration Penalty .................................................................17 4 CSR 150-2.060 Temporary Licenses ..........................................................................17 4 CSR 150-2.063 Provisional Temporary Licensure ..........................................................25 4 CSR 150-2.065 Temporary Licenses to Teach or Lecture in Certain Programs .......................25 4 CSR 150-2.070 Endorsement ...................................................................................26 4 CSR 150-2.080 Fees ..............................................................................................26 4 CSR 150-2.081 Transitional Renewal Fee (Rescinded June 11, 1983) ...................................27 4 CSR 150-2.090 Advertising (Rescinded January 26, 1986)................................................27 4 CSR 150-2.100 Licensing of International Medical GraduatesReciprocity ...........................27 4 CSR 150-2.110 Continuing Medical Education (Rescinded March 9, 1992) ...........................27 4 CSR 150-2.125 Continuing Medical Education..............................................................27 CODE OF STATE REGULATIONS 1 Rebecca McDowell Cook (12/31/96) Secretary of State Chapter 2—Licensing of Physicians and Surgeons 4 CSR 150-2

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Rules of

Department of EconomicDevelopment

Division 150�State Board of Registrationfor the Healing Arts

Chapter 2�Licensing of Physicians and Surgeons

Title Page

4 CSR 150-2.001 Definitions .......................................................................................3

4 CSR 150-2.004 Postgraduate Training Requirements for Permanent Licensure .........................3

4 CSR 150-2.005 Examination Requirements for Permanent Licensure.....................................4

4 CSR 150-2.010 Applicants for Licensing by Examination ..................................................4

4 CSR 150-2.015 Determination of Competency................................................................5

4 CSR 150-2.020 Examination .....................................................................................6

4 CSR 150-2.030 Licensing by Reciprocity ......................................................................6

4 CSR 150-2.040 Application Forms..............................................................................9

4 CSR 150-2.050 Annual Registration Penalty.................................................................17

4 CSR 150-2.060 Temporary Licenses ..........................................................................17

4 CSR 150-2.063 Provisional Temporary Licensure ..........................................................25

4 CSR 150-2.065 Temporary Licenses to Teach or Lecture in Certain Programs .......................25

4 CSR 150-2.070 Endorsement ...................................................................................26

4 CSR 150-2.080 Fees..............................................................................................26

4 CSR 150-2.081 Transitional Renewal Fee (Rescinded June 11, 1983)...................................27

4 CSR 150-2.090 Advertising (Rescinded January 26, 1986)................................................27

4 CSR 150-2.100 Licensing of International Medical Graduates�Reciprocity ...........................27

4 CSR 150-2.110 Continuing Medical Education (Rescinded March 9, 1992) ...........................27

4 CSR 150-2.125 Continuing Medical Education..............................................................27

CODE OF STATE REGULATIONS 1Rebecca McDowell Cook (12/31/96)Secretary of State

Chapter 2—Licensing of Physicians and Surgeons 4 CSR 150-2

2 CODE OF STATE REGULATIONS (12/31/96) Rebecca McDowell CookSecretary of State

4 CSR 150-2.150 Minimum Requirements for Reinstatement of Licensure...............................29

4 CSR 150-2.155 Limited License ...............................................................................29

4 CSR 150-2.160 Duplicate Licenses ............................................................................48

Title 4�DEPARTMENT OFECONOMIC DEVELOPMENT

Division 150�State Board ofRegistration for the Healing Arts

Chapter 2�Licensing of Physiciansand Surgeons

4 CSR 150-2.001 Definitions

PURPOSE: This rule advises the publicof the definitions which the board hasadopted for certain terms which areused in Chapter 334, RSMo.

(1) The term �extenuating circumstances,� asused in section 334.090, RSMo, shall meanthe existence of those circumstances underwhich an ordinary prudent person would nothave timely registered. Notwithstanding thepreviously mentioned, failure to receive arenewal notice is not an extenuating circum-stance.

(2) The term �hospitals approved by theboard,� as used in section 334.045, RSMo,shall mean all hospitals which are approvedand accredited to teach graduate medical edu-cation by the accreditation counsel on gradu-ate medical education of the American Med-ical Association or the education committeeof the American Osteopathic Association.

(3) The term �reasonable intervals,� as usedin section 334.100.2(24)(d), RSMo, shallmean not less than annually.

(4) The term �timely pay,� as used in section334.100.2(4)(n), RSMo, shall mean anylicense renewal fee received by the boardwithin sixty (60) days of the license renewaldate.

(5) The term �American Specialty Board,� asused in Chapter 334, RSMo, and its accom-panying rules and regulations shall mean anyspecialty board formally recognized by theAmerican Board of Medical Specialties, theAmerican Medical Association or the Amer-ican Osteopathic Association.

AUTHORITY: sections 334.045 and334.125, RSMo (Supp. 1995) and334.090 and 334.100, RSMo (1994).*Original rule filed Jan. 19, 1988, effec-tive April 15, 1988. Amended: FiledApril 15, 1996, effective Nov. 30, 1996.

*Original authority: 334.045, RSMo (1963),amended 1981, 1987, 1989, 1993, 1995; 334.090,RSMo (1945), amended 1951, 1959, 1963, 1981,1987; 334.100, RSMo (1939), amended 1945,1959, 1963, 1974, 1976, 1979, 1981, 1983, 1984,1986, 1987, 1989, 1990, 1993; and 334.125,RSMo (1959), amended 1993, 1995.

4 CSR 150-2.004 Postgraduate TrainingRequirements for Permanent Licensure

PURPOSE: Section 334.035, RSMorequires every applicant for a perma-nent license as a physician and surgeonto provide the Missouri State Board ofRegistration for the Healing Arts withsatisfactory evidence of having success-fully completed postgraduate trainingin hospitals, or medical or osteopathiccolleges as the board may prescribe byrule. This rule establishes the postgrad-uate training requirements which eachapplicant for a permanent license mustsatisfy. The board recognizes that cer-tain limited situations may occur inwhich it would be in the best interest ofthe inhabitants of this state for theboard to waive the postgraduate train-ing requirements of this rule. Therefore,this rule also establishes the criteriawhich an applicant must fulfill beforethe board may waive the postgraduatetraining requirements of this rule.

(1) Every applicant for a permanent licenseas a physician and surgeon who is a graduateof a medical college, approved and accreditedby the American Medical Association (AMA)or its Liaison Committee on Medical Educa-tion, or an osteopathic college approved andaccredited by the American OsteopathicAssociation (AOA), must present a certificatewith his/her application evidencing the satis-factory completion of one (1) year of post-graduate training in a program which isapproved and accredited to teach postgradu-ate medical education by the accreditationcounsel on graduate medical education of theAMA or the education committee of theAOA.

(2) Every applicant for a permanent licenseas a physician and surgeon who is not a grad-uate of a medical college, approved andaccredited by the AMA or its Liaison Com-mittee on Medical Education, or an osteo-pathic college approved and accredited by theAOA, must present, with his/her application,a certificate evidencing the satisfactory com-pletion of three (3) years of postgraduatetraining in one (1) recognized specialty areaof medicine in a program which is approvedand accredited to teach postgraduate medicaleducation by the accreditation council ongraduate medical education of the AMA orthe education committee of the AOA.

(3) Notwithstanding the provisions of sec-tions (1) and (2) of this rule, the board maywaive any portion of the postgraduate training

requirements of this rule if the applicant isAmerican Specialty Board-eligible to take anAmerican Specialty Board-certifying exami-nation and the applicant has achieved a pass-ing score (as defined in this chapter) on alicensing examination administered in a stateor territory of the United States or the Dis-trict of Columbia. The board also may waiveany of the postgraduate training requirementsof this rule if the applicant is a graduate of aprogram approved and accredited to teachmedical education by the Canadian RoyalCollege of Physicians and Surgeons and hasone (1) year of postgraduate training in a pro-gram approved and accredited to teach post-graduate medical education by the CanadianRoyal College of Physicians and Surgeons.The board may also waive any of the post-graduate training requirements of this rule ifthe applicant has served for three (3) or moreyears as a full-time faculty member of a med-ical college approved and accredited by theAMA or its Liaison Committee on MedicalEducation, or an osteopathic college ap-proved and accredited by the AOA. Prior towaiving any of the postgraduate trainingrequirements of this rule, the board mayrequire the applicant to achieve a passingscore on one (1) of the following: The Appro-priate Specialty Board�s certifying examina-tion in the physician�s field of specialization,Component 2 of the Federation LicensingExamination (FLEX) by December 31, 1993,Step 3 of the United States Medical LicensingExamination (USMLE), or the Federation ofState Medical Boards� Special PurposeExamination (SPEX). If the board waives anyof the postgraduate training requirements ofthis rule, then the license issued to the appli-cant may be limited or restricted to the spe-cialty area for which the applicant is Ameri-can Specialty Board eligible.

AUTHORITY: sections 334.035, RSMo(Supp. 1987) and 334.125, RSMo(1986).* Emergency rule filed Nov. 16,1987, effective Dec. 31, 1987, expiredApril 29, 1988. Original rule filed Feb.17, 1988, effective April 28, 1988.Amended: Filed Dec. 23, 1988, effec-tive May 1, 1989. Amended: Filed Jan.3, 1991, effective June 10, 1991. Emer-gency amendment filed July 17, 1992,effective Aug. 1, 1992, expired Nov. 28,1992. Emergency amendment filed Nov.16, 1992, effective Nov. 29,1992,expired March 28, 1993. Amend-ed: Filed July 17, 1992, effective April8, 1993. Amended: Filed Oct. 4, 1993,effective April 9, 1994.

*Original authority: 334.035, RSMo (1987) and334.125, RSMo (1959).

CODE OF STATE REGULATIONS 3Rebecca McDowell Cook (10/31/96)Secretary of State

Chapter 2—Licensing of Physicians and Surgeons 4 CSR 150-2

4 CSR 150-2.005 Examination Require-ments for Permanent Licensure

PURPOSE: Chapter 334, RSMorequires each applicant for a perma-nent license as a physician and surgeonto be examined by the board. This rulespecifies which examinations areacceptable to the board, explains therequirements for achieving a passingscore on a licensing examination, limitsthe number of occasions on which anapplicant may attempt to achieve apassing score on a licensing examina-tion, requires additional postgraduatetraining before certain applicants maybe examined by the board, establishescriteria which must exist before theboard may waive certain requirementsof this rule and authorizes the board tolimit or restrict a license issued pur-suant to a waiver of the requirements ofthis rule.

(1) The board shall not issue a permanentlicense as a physician and surgeon to anyapplicant who has not met the qualificationsset forth under either subsection (1)(A), (B)or (C) of this rule:

(A) Applicant has received a passing scoreon either any of the following:

1. A licensing examination administeredin one (1) or more states or territories of theUnited States or the District of Columbia;

2. Components 1 and 2 of the FederationLicensing Examination (FLEX) before Jan-uary 1, 1994; or

3. Each of the three (3) Steps of theUnited States Medical Licensing Examina-tion (USMLE) within a seven (7)-year peri-od. Applicant shall not be deemed to havereceived a passing score on any Step of theUSMLE unless applicant has received a pass-ing score on that Step within three (3)attempts. Failure to pass any USMLE Stepshall be considered a failure to pass that Stepfor purposes of Missouri licensure, regardlessof the jurisdiction in which the Step wasadministered; or

4. One (1) of the hybrid combinations ofFLEX, USMLE, NBME (National Board ofMedical Examiners) and NBOE (NationalBoard of Osteopathic Examiners) examina-tions as set forth here, if completed beforeJanuary 1, 2000:NBOE Part I, NBME Part I or USMLE Step 1plus NBOE Part II, NBME Part II or USMLEStep 2plus NBOE Part III, NBME Part III or USMLE

Step 3orFLEX Component Iplus USMLE Step 3or NBOE Part I, NBME Part I or USMLEStep 1plus NBOE Part II, NBME Part II or USMLEStep 2plus FLEX Component 2; or

(B) Applicant has received a certificate ofthe NBME of the United States, charteredunder the laws of the District of Columbia ora certificate of the National Board of Exam-iners for Osteopathic Physicians and Sur-geons, chartered under the laws of Indiana; or

(C) Applicant has received both a passingscore on the Licentiate of the Medical Coun-cil of Canada (LMCC) and the medalistaward in either medicine or surgery from theRoyal College of Physicians and Surgeons.

(2) Beginning January 1, 1994, the licensingexamination administered by Missouri shallbe Part 3 of the USMLE.

(3) To receive a passing score, the applicantmust achieve a weighted average score of notless than seventy-five percent (75%) on theFLEX, a two-digit scaled score of not lessthan seventy-five (75) on the USMLE, or anaverage score of not less than seventy-five(75) on any other licensing examination.Applicants who have taken the FLEX exami-nation prior to 1985 may not average scoresfrom a portion of the examination taken atone (1) test administration with scores fromany other portion of the examination taken atanother test administration to achieve a pass-ing score. Applicants may not average scoresfrom different Steps of the USMLE or fromportions of different examinations in order toachieve a passing score.

(4) The board shall not issue a permanentlicense as a physician and surgeon or allowthe Missouri State Board examination to beadministered to any applicant who has failedto achieve a passing score cumulatively three(3) times or more on licensing examinationsadministered in one (1) or more states or ter-ritories of the United States, the District ofColumbia or Canada.

(5) The board shall not allow any applicant,who has failed to achieve a passing scorecumulatively two (2) times or more on licens-ing examinations administered in one (1) ormore states or territories of the United States,the District of Columbia or Canada to take

the licensing examination administered by theboard until the applicant has successfullycompleted one (1) additional year of post-graduate training in a program which isapproved and accredited to teach postgradu-ate medical education by the accreditationcounsel on graduate medical education of theAmerican Medical Association or the educa-tion committee of the American OsteopathicAssociation following the second unsuccess-ful attempt to pass a licensing examination.

(6) The board may waive the provisions ofsection (4) of this rule if the applicant isAmerican Specialty Board-certified, licensedto practice as a physician and surgeon inanother state of the United States or the Dis-trict of Columbia and the applicant hasachieved a passing score on a licensing exam-ination administered in a state or territory ofthe United States or the District of Columbia.Prior to waiving the provisions of section (4)of this rule, the board may require the appli-cant to achieve a passing score on one (1) ofthe following: The American SpecialtyBoard�s certifying examination in the physi-cian�s field of specialization, Part II of theFLEX or the Federation of State MedicalBoard�s Special Purpose Examination(SPEX). If the board waives the provisions ofsection (4) of this rule, then the license issuedto the applicant may be limited or restrictedto the applicant�s board specialty.

AUTHORITY: sections 334.031,334.040, 334.043 and 334.125, RSMo(1986).* Original rule filed Feb. 17,1988, effective May 12, 1988. Amend-ed: Filed Sept. 5, 1990, effective Feb.14, 1991. Emergency amendment filedJuly 17, 1992, effective Aug. 1, 1992,expired Nov. 28, 1992. Emergencyamendment filed Nov. 16, 1992, effec-tive Nov. 29, 1992, expired March 28,1993. Amended: Filed July 17, 1992,effective April 8, 1993. Amended: FiledOct. 4, 1993, effective April 9, 1994.

*Original authority: 334.031, RSMo (1959),amended 1981; 334.040, RSMo (1939), amended1941, 1945, 1951, 1959, 1981; 334.043, RSMo(1959), amended 1981, 1983; and 334.125, RSMo(1959).

4 CSR 150-2.010 Applicants for Licensingby Examination

PURPOSE: This rule provides require-ments to applicants desiring to take theexamination in Missouri for permanentlicensure to practice as a physician anda surgeon.

4 CODE OF STATE REGULATIONS (10/31/96) Rebecca McDowell CookSecretary of State

4 CSR 150-2—ECONOMIC DEVELOPMENT Division 150—State Board of Registration for the Healing Arts

(1) The applicant shall furnish satisfactoryevidence as to his/her innocence of unprofes-sional or dishonorable conduct and goodmoral character, including postgraduate ref-erence letters from the applicant�s trainingprograms.

(2) The applicant shall furnish a certificate ofgraduation from an accredited high school,satisfactory evidence of completion of pre-professional education consisting of a mini-mum sixty (60) semester hours of collegecredit in acceptable subjects from a reputablecollege or university approved by the board.

(3) The applicant shall furnish satisfactoryevidence of having attended throughout atleast four (4) terms of thirty-two (32) weeksof actual instructions in each term and of hav-ing received a diploma from some reputablemedical or osteopathic college that enforcesrequirements of four (4) terms of thirty-two(32) weeks for actual instruction in eachterm, including, in addition to class work,experience in operative and hospital workduring the last two (2) years of instruction asis required by the American Medical Associ-ation (AMA) and the American OsteopathicAssociation (AOA) before the college isapproved and accredited as reputable.

(4) All applicants shall have on file, in theoffice of the executive director, a photocopyof their professional degrees before licensescan be issued to them.

(5) For applicants desiring to take the board�sexamination after January 1, 1994, the appli-cant shall furnish satisfactory evidence ofhaving passed�

(A) Component 1 of the Federation Licens-ing Examination (FLEX); or

(B) Both�1. Part I of the NBME (National Board

of Medical Examiners) examination, Part I ofthe NBOE (National Board of OsteopathicExaminers) examination or Step 1 of theUSMLE (United States Medical LicensingExamination); and

2. Part II of the NBME examination orPart II of the NBOE examination or Step 2 ofthe USMLE.

(6) For applicants desiring to take the exami-nation after January 1, 1994, the applicantshall provide evidence that the applicant willhave met the board�s postgraduate trainingrequirements as stated in 4 CSR 150-2.004,within sixty (60) days of the examination.

(7) Upon proper showing, the State Board ofRegistration for the Healing Arts may acceptthe certificate of the National Board of Med-

ical Examiners of the United States, charteredunder the laws of the District of Columbia, ofThe National Board of Examiners for Osteo-pathic Physicians and Surgeons, charteredunder the laws of Indiana, in lieu of and asequivalent to its own professional examina-tion, upon proper application and an appro-priate fee to be established by the board.

(8) The board does not necessarily accept theoperative and hospital work of any medical orosteopathic school outside the United Statesand Canada; therefore an applicant from aninternational school may be required to haveat least three (3) years of AMA/AOAapproved training in a hospital in the UnitedStates approved for resident training by theboard before making application for examina-tion.

(A) This applicant must furnish to theboard a copy of his/her credentials in theoriginal form with translated copy of eachattached and shall be verified to the board bythe school of graduation direct or documentsbearing the evidence shall be visaed by theUnited States consul in the country the schoolof graduation is or was located.

(B) This applicant is required to get a cer-tificate from the Educational Commission forForeign Medical Graduates or show evidenceto the board that s/he has passed the equiva-lent examination in another state or nationalboard.

(9) Medical or osteopathic colleges in Cana-da, at the discretion of the board, may not beconsidered international schools by the StateBoard of Registration for the Healing Arts.

AUTHORITY: section 334.125, RSMo(Supp. 1995).* Original rule filed Dec.19, 1975, effective Dec. 29, 1975.Amended: Filed Aug. 10, 1984, effec-tive Jan. 1, 1987. Amended: Filed July3, 1989, effective Dec. 1, 1989.Amended: Filed Oct. 4, 1993, effectiveApril 9, 1994. Amended: Filed April15, 1996, effective Nov. 30, 1996.

*Original authority 1959, amended 1993, 1995.

State Board of Registration for theHealing Arts of Missouri v. De Vore,517 SW2d 480 (Mo. App. 1975).Administrative Hearing CommissionAct, section 161.252, RSMo (1969),repealed the former authority of theboard to conduct evidentiary hearingson the qualifications of applicants forlicensure.

State Board of Registration for theHealing Arts of Missouri v. Masters,512 SW2d 150 (Mo. App. 1974).Board�s refusal to issue osteopath anannual certificate of registration heldnot tantamount to refusal to renewlicense as would give AdministrativeHearing Commission jurisdiction andauthority.

State Board of Registration for theHealing Arts of Missouri v. Masters,512 SW2d 150 (Mo. App. 1974). Boardmay not issue annual certificate of reg-istration to person who is not licensedto practice medicine in this state.

Op. Atty. Gen. No. 257, Goode (6-1-70). Pathology is a branch of the prac-tice of medicine within the provisions ofChapter 334, RSMo (1969) and a pro-fession under the jurisdiction of theState Board of Registration for theHealing Arts, and that an individualmust be licensed by the board befores/he can lawfully practice pathology.The prosecuting and circuit attorneyshave the responsibility for criminalprosecutions arising out of violations ofChapter 334.

Op. Atty. Gen. No. 82, Hardwicke (3-1-65). Physicians who accept profes-sional staff appointments in Missourihospitals and regularly practicemedicine and surgery in those hospitalsare maintaining an �appointed place tomeet patients or receive calls within thelimits of this state.� These physiciansare required to have a Missouri license.

Op. Atty. Gen. No. 36, Hailey (3-29-55). A physician who is not licensed inthe state of Missouri may not engage inactivities constituting the practice ofmedicine within the state, regardless ofwho his/her employer may be or underwhose supervision s/he may do so.

4 CSR 150-2.015 Determination of Compe-tency

PURPOSE: This rule complies with theprovisions of section 334.100.2(24),RSMo and specifies the procedures tobe followed under this statute in deter-mining competency.

CODE OF STATE REGULATIONS 5Rebecca McDowell Cook (10/31/96)Secretary of State

Chapter 2—Licensing of Physicians and Surgeons 4 CSR 150-2

(1) Whenever the board has reason to believethat a physician or surgeon is unable to prac-tice with reasonable skill and safety topatients by reasons of incompetency, illness,drunkenness, excessive use of drugs, nar-cotics, chemicals or as a result of any mentalor physical condition, the board may hold ahearing to determine whether probable causeexists to reexamine to establish competencyin a specialty, examine a pattern and practiceof professional conduct or to examine todetermine mental or physical competency, orboth.

(2) Notice of the probable cause hearing shallbe served on the licensee within a reasonableamount of time before the hearing, but in noevent later than ten (10) days before the hear-ing.

(3) Following the probable cause hearing andupon a finding by the board that probablecause exists to determine a physician�s or sur-geon�s competency, the board shall issue anorder setting forth the allegations leading to afinding of probable cause, the method of fur-ther determination of competency, theinstructions to the competency panel, thetime frame for determination and the finalorder to be issued by the board in the eventthe physician fails to designate an examiningphysician to the board or fails to submit to anexamination when directed. The board mayinclude the reasonable intervals at which thephysician may be given an opportunity todemonstrate competency.

(4) Members of the competency panel shallbe licensed to practice the healing arts inMissouri. Panels which review physicianswho graduated from a medical school accred-ited by the American Medical Association(AMA) shall be composed of graduates froman AMA-accredited medical school. Panelswhich review physicians who graduated froma medical school accredited by the AmericanOsteopathic Association (AOA) shall be com-posed of graduates from an AOA- accreditedmedical school. The panel shall be reim-bursed by the board for reasonable and nec-essary expenses, and at a per-diem rate iden-tical to that provided for Board of HealingArts members in section 334.120, RSMo.Neither the physician nor the board shall payor make any other compensation of any kindto the panel for its review.

(5) Following a determination by the panel,the panel shall make one (1) majority writtenreport to the board either that the physicianexamined is able to practice with reasonableskill and safety to patients or that the physi-cian examined is unable to practice with rea-

sonable skill and safety to patients and spec-ify the reasons or grounds for the opinion.

(6) Upon receipt of the written report fromthe panel, the board shall serve the physicianwith a copy of the report and notify the physi-cian of the time, date and place of the meet-ing at which the board will formally acceptand review the findings of the panel anddetermine a final order of discipline based onthe evidence presented by the written reportof the panel and any other evidence that per-tains to the issue of the final order of disci-pline to be imposed.

AUTHORITY: section 334.100, RSMo(Cum. Supp. 1990).* Original rulefiled Oct. 14, 1976, effective Jan. 13,1977. Rescinded and readopted: FiledDec. 13, 1989, effective April 1, 1990.

*Original authority 1939, amended 1945, 1959,1963, 1974, 1976, 1979, 1981, 1983, 1984, 1986,1987, 1989, 1990.

4 CSR 150-2.020 Examination

PURPOSE: This rule provides specificinstructions to applicants regardingexamination procedures.

(1) The executive director will notify appli-cants of the time and place examinations areto be held as soon as possible.

(2) Any applicant detected in seeking or giv-ing help during the hours of the examinationwill be dismissed and his/her paper can-celled.

AUTHORITY: sections 334.043, RSMo(1994) and 334.125, RSMo (Supp.1995).* This version of rule filed Dec.19, 1975, effective Dec. 29, 1975.Amended: Filed Jan. 12, 1982, effec-tive April 11, 1982. Amended: FiledJune 5, 1986, effective Sept. 26, 1986.Amended: Filed July 3, 1989, effectiveDec. 1, 1989. Amended: Filed April15, 1996, effective Nov. 30, 1996.

*Original authority: 334.043, RSMo (1959),amended 1981, 1983, 1993 and 334.125, RSMo(1959), amended 1993, 1995.

State Board of Registration for theHealing Arts of Missouri v. De Vore,517 SW2d 480 (Mo. App. 1975).Administrative Hearing CommissionAct section 161.252, RSMo (1969)repealed the former authority of theboard to conduct evidentiary hearings

on the qualifications of applicants forlicensure.

4 CSR 150-2.030 Licensing by Reciprocity

PURPOSE: This rule provides informa-tion to those applicants desiring licen-sure by reciprocity.

(1) The applicant shall furnish a postgraduatereference letter from each institution wheres/he is a house officer, meaning either internor resident.

(2) The applicant shall furnish a certificate ofgraduation from an accredited high school.Satisfactory evidence of completion of pre-professional education consisting of a mini-mum of sixty (60) semester hours of collegecredit in acceptable subjects from a reputablecollege or university approved by the board.

(3) The applicant shall furnish satisfactoryevidence of having attended throughout atleast four (4) terms of thirty-two (32) weeksof actual instructions in each term of a pro-fessional college recognized as reputable bythe board and of having received a diplomafrom a professional college recognized asreputable by the board.

(4) Applicants for licensing by reciprocitywho have been examined successfully by anyprofessional board considered competent bythe Missouri State Board of Registration forthe Healing Arts, and having received gradesnot less than those required by the board, andholding certificates as physicians and sur-geons in any state or territory of the UnitedStates or the District of Columbia and, inaddition, presenting to the board satisfactorycertificates that they in every way fulfilled allthe scholastic and other requirements of theMissouri State Board of Registration for theHealing Arts, at the discretion of the board,and upon showing to the State Board of Reg-istration for the Healing Arts may receivefrom the board a license to practice as aphysician and surgeon in Missouri withoutfurther examination. Applicants may berequired to appear before the board in per-son.

(5) The applicant is required to make appli-cation (see 4 CSR 150-2.040) upon a formprepared by the board.

(6) No application will be considered unlessfully and completely made out on the speci-fied form properly attested.

(7) An applicant for reciprocity shall present,attached to the application, a recent photo-

6 CODE OF STATE REGULATIONS (10/31/96) Rebecca McDowell CookSecretary of State

4 CSR 150-2—ECONOMIC DEVELOPMENT Division 150—State Board of Registration for the Healing Arts

graph, not larger than three and one-halfinches by five inches (3 1/2" × 5").

(8) Applications shall be sent to the executivedirector of the State Board of Registration forthe Healing Arts, P.O. Box 4, Jefferson City,MO 65102.

(9) The fee for reciprocity shall be an appro-priate fee to be established by the board. Thefee shall be sent in the form of a bank draftor post office money order or express moneyorder. Personal checks will not be accepted.

(10) The applicant shall furnish, on a formprescribed by the board, verification of licen-sure from every state, territory or interna-tional country in which the applicant has everbeen licensed to practice the healing arts.

(11) The professional diploma and verifica-tion of licensure shall be sent to the execu-tive director of the State Board of Registra-tion for the Healing Arts for verification.Photocopies of the documents may be accept-ed at the discretion of the board.

(12) When an applicant has filed his/herapplication and an appropriate fee, to beestablished by the board, for licensure byreciprocity and the application is denied bythe board or subsequently withdrawn by theapplicant, an appropriate fee established bythe board will be retained by the State Boardof Registration for the Healing Arts as a ser-vice charge.

(13) An applicant who cumulatively three (3)times or more has failed a licensing examina-tion administered in one (1) or more states orterritories of the United States or the Districtof Columbia will not be licensed by reciproc-ity in this state by the board.

AUTHORITY: section 334.125, RSMo(Supp. 1995).* This version of rulefiled Dec. 19, 1975, effective Dec. 29,1975. Amended: Filed Jan. 13, 1982,effective April 11, 1982. Amended:Filed Dec. 23, 1988, effective May 1,1989. Amended: April 15, 1996, effec-tive Nov. 30, 1996.

*Original authority 1959, amended 1993, 1995.

State Board of Registration for theHealing Arts of Missouri v. De Vore,517 SW2d 480 (Mo. App. 1975).Administrative Hearing CommissionAct section 161.252, RSMo (1969)repealed the former authority of theboard to conduct evidentiary hearings

on the qualifications of applicants forlicensure.

State Board of Registration for theHealing Arts of Missouri v. Masters,512 SW2d 150 (Mo. App. 1974). Boardmay not issue annual certificate of reg-istration to person who is not licensedto practice medicine in this state.

Op. Atty. Gen. No. 257, Goode (6-1-70). Pathology is a branch of the prac-tice of medicine within the provisions ofChapter 334, RSMo (1969) and a pro-fession under the jurisdiction of theState Board of Registration for theHealing Arts, and that an individualmust be licensed by the board befores/he can lawfully practice pathology.The prosecuting and circuit attorneyshave the responsibility for criminalprosecutions arising out of violations ofChapter 334.

Op. Atty. Gen. No. 82, Hardwicke (3-1-65). Physicians who accept profes-sional staff appointments in Missourihospitals and regularly practicemedicine and surgery in those hospitalsare maintaining an �appointed place tomeet patients or receive calls within thelimits of this state.� These physiciansare required to have a Missouri license.

Op. Atty. Gen. No. 36, Hailey (3-29-55). A physician who is not licensed inthe state of Missouri may not engage inactivities constituting the practice ofmedicine within the state, regardless ofwho his/her employer may be or underwhose supervision s/he may do so.

CODE OF STATE REGULATIONS 7Rebecca McDowell Cook (10/31/96)Secretary of State

Chapter 2—Licensing of Physicians and Surgeons 4 CSR 150-2

4 CSR 150-2.040 Application Forms

PURPOSE: This rule provides instruc-tions for filing applications in the officeof the State Board of Registration forthe Healing Arts requesting permanentlicensure in Missouri.

(1) The applicant is required to make appli-cation upon the form prepared by the board.

(2) No application will be considered unlessfully and completely made out on the speci-fied form and properly attested.

(3) Applications shall be sent to the executivedirector of the State Board of Registration forthe Healing Arts, P.O. Box 4, Jefferson City,MO 65102.

(4) The board shall charge an appropriate feeestablished by the board to each personapplying to and appearing before it for exam-ination for certificate of licensure to practiceas a physician and surgeon. The fee shall besent in the form of a bank draft, post officemoney order or express money order. Per-sonal checks will not be accepted.

(5) A copy of the professional degree shall besent to the executive director of the StateBoard of Registration for the Healing Arts forverification.

(6) When an applicant has one (1) or moreyears in a preprofessional or professionalinstitution other than the one from which s/heis a graduate, s/he must file with the applica-tion a statement under seal from those insti-tutions showing time spent and creditreceived.

(7) An applicant may withdraw his/her appli-cation for licensure anytime prior to theboard�s vote on his/her candidacy for licen-sure. In the event that an applicant withdrawshis/her application, the appropriate fee estab-lished by the board will be retained by theState Board of Registration for the HealingArts as a service charge.

AUTHORITY: section 334.125, RSMo(Supp. 1995).* Original rule filed Dec.19, 1975, effective Dec. 29, 1975.Amended: Filed July 3, 1989, effectiveDec. 1, 1989. Amended: Filed Jan. 3,1991, effective June 10, 1991. Amend-ment: Filed April 15, 1996, effectiveNov. 30, 1996.

*Original authority 1959, amended 1993, 1995.

State Board of Registration for theHealing Arts of Missouri v. De Vore,

517 SW2d 480 (Mo. App. 1975).Administrative Hearing CommissionAct section 161.252, RSMo (1969)repealed the former authority of theboard to conduct evidentiary hearingson the qualifications of applicants forlicensure.

CODE OF STATE REGULATIONS 9Rebecca McDowell Cook (10/31/96)Secretary of State

Chapter 2—Licensing of Physicians and Surgeons 4 CSR 150-2