State Bills/Laws Opposing MOC

Is ACG missing an MOC related bill in your state?  Please contact your ACG Governor and let us know.

The ACG Board of Governors is one of the most unique aspects of the American College of Gastroenterology. Governors are ACG Fellows that are elected from the membership of a particular state or region. There are currently 76 Governors across seven different regions in the U.S. and abroad. The Board of Governors acts as a two-way conduit between College leadership and the membership at-large. This helps the College make certain it is meeting the evolving needs of the membership.
Contact your ACG Governor today.

Alaska

ACG Members in Alaska: Rep. Lora Reinbold introduced legislation that prohibits MOC as a condition for hospital privileges in certain circumstances.  Please contact Rep. Reinbold and express your support for HB 191!

HB 191

“Maintenance of certification and osteopathic continuous certification. Nothing in this chapter may be construed to require a physician to secure a maintenance of certification as a condition of licensure, reimbursement, employment, or admitting privileges at a hospital in this state.”


California

ACG Members in California: State Senator Richard Pan, MD has introduced legislation that prohibits MOC as a condition for hospital privileges in certain circumstances.  ACG is working with the California Medical Association in promoting this bill.  Please contact Dr. Pan and express your support for SB 487!

SB-487 Practice of medicine: hospitals

“The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof of the hospital to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct:

… (c) Provision that the award or maintenance of hospital or clinical privileges, or both, shall not be contingent on participation in a program for maintenance of certification.”


Georgia

HB 165 was passed in March 2017.  The law provides that “nothing in this article shall be construed to require a physician to secure a maintenance of certification as a condition of licensure to practice medicine pursuant to this article or as a prerequisite for employment in state medical facilities, reimbursement from third parties, or malpractice insurance coverage.”

HB 165: Medical practice; maintenance of certification


Maine

ACG Maine Members: Patricia Hymanson (D-York) introduced HB 837.  Please contact Rep. Hymanson and express your support and appreciation!

HB 837:  An Act Relating To the Licensure of Physicians and Surgeons

“Nothing in this chapter may be construed to require an osteopathic physician or surgeon licensed under this chapter to secure a maintenance of certification as a condition of licensure, reimbursement, employment or admitting privileges at a hospital in the State.”


Maryland

Update: SB 0989 and HB 1054 were passed in both the House and Senate in March and April 2017.

SB 0989: State Board of Physicians – Physician Licensure – Prohibition on Requiring Specialty Certification

HB 1054: State Board of Physicians – Physician Licensure – Prohibition on Requiring Specialty Certification

“The Board may not require as a qualification to obtain a license ort as a condition to renew a license certification by a nationally recognized accrediting organization that specializes in a specific area of medicine; or maintenance of certification by a nationally recognized accrediting organization that specializes in a specific area of medicine that includes continuous reexamination to measure core competencies in the practice of medicine as a requirement for maintenance of certification.”


Massachusetts

ACG Members in Massachusetts:  ACG is working with the Massachusetts Gastroenterology Association in garnering support for a bill prohibiting the Board of Registration in Medicine, insurers, and facilities from requiring physicians to maintain national board certifications as a condition for state licensure, credentialing, or contracting purposes.  We need your help.  Please contact Massachusetts Rep. Diana DiZoglio and express your thanks for introducing H.2446 (an Act relative to maintenance of certification).

H 2446: An Act relative to maintenance of certification

“Nothing in this Chapter shall be construed as to require a physician to secure a Maintenance of Certification (MOC) as a condition of licensure, reimbursement, employment, or admitting privileges at a hospital in this state.”


Michigan

ACG Members in Michigan: State Rep. Edward J. “Ned” Canfield introduced HB 4134 and HB 4135.  Please contact Rep. Canfield and express your support and appreciation!

HB 4134

“Notwithstanding any provision of this Act to the contrary, the Department or the Board of Medicine or Board of Osteopathic Medicine and Surgery shall not by order, rule, or other method require a physician applicant or licensee under its jurisdiction to maintain a national or regional certification that is not otherwise specifically required to maintain a national or regional certification that is not otherwise specifically required in this article before it issues a license or license renewal to that physician applicant or licensee under this article.”

HB 4135

“An insurer that delivers, issues for delivery, or renews in this state a health insurance policy or health maintenance that issues a health maintenance contract shall not require a condition precedent to the payment or reimbursement of a claim under the policy or contract that an allopathic or osteopathic physician maintain a national or regional certification not otherwise specifically required for licensure.”


Missouri

ACG members in Missouri: Representative Keith Frederick introduced HB 529.  Please contact Rep. Frederick and express your support and appreciation!

 HB 529

“No provision of law shall be construed as to require any form of maintenance of licensure as a condition of physician licensure, reimbursement, employment, or admitting privileges at a hospital in this state, including requiring any form of maintenance of certification. Current requirements, including continuing medical education, shall suffice to demonstrate professional competency.”

Missouri in 2016

HB 1816: Provisions related to health care providers

Missouri bill HB 1816 became law in July 2016.  “The state shall not require any form of maintenance of licensure as a condition of physician licensure including requiring any form of maintenance of licensure tied to maintenance of certification.  Current requirements including continuing medical education shall suffice to demonstrate professional competency.  The state shall not require any form of specialty medical board certification or any maintenance of certification to practice medicine within the state.  There shall be no discrimination by the state board of registration for the healing arts or any other state agency against physicians who do not maintain specialty medical board certification including recertification.”


New York

ACG members in New York: Assemblyman Robin Schimminger introduced A04914 in the New York State Assembly.  Please contact Assemblyman Schimminger and express your support and appreciation!

A04914: Relates to improper practices relating to staff membership or professional privileges of a physician and such physician’s board certification

“It shall be an improper practice for a governing body of a hospital to refuse to act upon an application or to deny or to withhold staff membership or professional privileges of a physician solely because such physician is not board-certified.  A health care plan may not refuse to approve an application from a physician to participate in the in-network portion of the health care plan’s network solely because such physician is not board-certified.”


North Carolina

In August 2016, the North Carolina state legislature passed HB 728, which, among other provisions, states that the North Carolina Medical Board “shall not deny a licensee’s annual registration based solely on the licensee’s failure to become board certified.”

HB 728


Oklahoma

In 2017 Oklahoma legislature voted not to proceed with HB 1710, which provided that hospitals and health plans shall not discriminate against physicians who have been awarded certification by certain specialty boards irrespective of recertification status or participation in certain certifications.

HB 1710

In April 2016 SB 1148 was signed into Oklahoma law.  The legislation states: “Nothing in the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act shall be construed as to require a physician to secure a Maintenance of Certification (MOC) as a condition of licensure, reimbursement, employment, or admitting privileges at a hospital in this state.  For the purposes of this subsection, Maintenance of Certification (MOC) shall mean a continuing education program measuring core competencies in the practice of medicine and surgery and approved by a nationally recognized accrediting organization.”

SB 1148: Physician licensure; relating to Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act; prohibiting certain construction


Rhode Island

ACG Members in Rhode Island: Representatives Patricia Morgan, Michael Chippendale, Antonio Giarrusso, Justin Price, and Robert Nardolillo introduced legislation prohibiting MOC requirements from state licensure.  Please contact them an express your support!

H 5671

“The state and its instrumentalities are prohibited from requiring any form of specialty medical board certification and any maintenance of certification to practice medicine within the state. Within the state, there shall be no discrimination by the board of medical licensure and discipline, or any other agency or facility which accepts state funds, against physicians who do not maintain specialty medical board certification, including re-certification.”


Tennessee

ACG members in Tennessee: ACG is working together with the Tennessee Medical Association in advocating for legislation that prohibits maintenance of certification (MOC) requirements by insurers as well as for state licensure.  State Senator Richard Briggs and State Representative Ryan Williams have introduced bill SB 298/HB 413.  We need your help.   Please express your support!

SB 298: As introduced, prohibits certain adverse actions against a physician on the basis of the physician’s failure to maintain specialty board certification or maintenance of licensure under a framework established by the Federation of State Medical Boards

HB 413: As introduced, prohibits certain adverse actions against a physician on the basis of the physician’s failure to maintain specialty board certification or maintenance of licensure under a framework established by the Federation of State Medical Boards

“No facility licensed under this chapter shall deny a physician a hospital’s staff privileges based solely on the physician’s decision not to participate in any form of maintenance of licensure, including requiring any form of maintenance of licensure tied to maintenance of certification.  This section does not prevent a facility’s credentials committee from requiring physicians licensed pursuant to title 63, chapters 6 and 9, to meet continuing medical education requirements, as outlined in the rules of the appropriate state licensing board.”

Update: Bill was amended in Senate to only apply to state licensure.  House version may change too.


Texas

ACG Members in Texas: SB 1148 passed the Texas Senate.  The Texas House is expected to vote soon.   ACG continues to work with the Texas Society of Gastroenterology and Endoscopy (TSGE) on the bill. Please reach out the Chair of the House Public Health Committee, Rep. Four Price, and urge your support for HB 3216!

SB 1148: Relating to maintenance of certification by a physician or an applicant for a license to practice medicine in this state

HB 3216: Relating to maintenance of certification by a physician or an applicant for a license to practice medicine in this state

A hospital, institution, or program that is licensed by this state, is operated by this state or a political subdivision of this state, or directly or indirectly receives state financial assistance may not differentiate between physicians based solely on a physician’s maintenance of certification.

The board may not require maintenance of certification by an applicant for the applicant to be eligible for a license under this chapter.  The board may not adopt a rule requiring maintenance of certification by a license holder for the license holder to be eligible for an initial or renewal registration permit.

Update: The Texas Senate passed SB 1148.  The bill awaits consideration in the House.

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