Licensing Issues for International Medical School Graduates in Rhode Island

No matter where you got your education, medical school is an intense and lengthy commitment for any student. And after dedicating so much time and effort to your career, the last thing you need is to face additional licensing issues. Unfortunately, for international medical school graduates, that's exactly what many will get.

Statistically speaking, the number of licensing issues for international medical graduates is higher than for students who graduated within the United States. These complications include things like differing credential requirements and issues with establishing residency—issues that are further complicated by the fact that medical school licenses are handled at the state level. Meaning that Pennsylvania's requirements might look different from Rhode Island, and that California might have something else altogether.

If you are an international medical school graduate, don't let professional licensing issues keep you from your dream of practicing medicine in Rhode Island. Call the Lento Law Firm Team today at (888) 535-3686 or contact us online, and let our Professional License Defense Team help you transition to the next stage of your career.

Licensing Requirements for International Medical School Graduates

Medical school licenses are handled at the state level. This means that each jurisdiction may have slightly different professional licensing requirements, depending on where you live. Rhode Island laws authorize the state's Department of Health to license physicians for practice in the state, including physicians holding an international medical degree.

Under Rhode Island General Laws Section 5-37-2, if you are an international medical graduate living in Rhode Island, you must meet the following requirements in order to get a medical license:

1. Be of good moral character;
2. Have graduated from an international medical school recognized by the World Health Organization (WHO) and certified by the Education Commission for Foreign Medical Graduates (ECFMG);
3. Have completed two years of post-graduate training, internship, and residency in an appropriately accredited program; and,
4. Pass the state board examination in the appropriate field.

The same Rhode Island statute makes it unlawful to practice medicine in Rhode Island without a license. Rhode Island Department of Health regulations reiterate these same IMG licensing requirements. The same regulations also recognize the widely used Fifth Pathway for IMG medical licensure.

Penalties for Practicing Medicine Without a License

Both federal and state laws prohibit medical professionals from practicing without a license. In Rhode Island, this offense can carry steep fines and punishments, which may include both criminal and civil penalties.

Criminal Penalties

Rhode Island General Laws Section 5-37-12 makes it a criminal misdemeanor punishable by up to three years imprisonment to practice medicine in the state without a valid license. The Rhode Island Department of Health may also seek criminal fines of $1,000 per violation. So it's important to take these steps seriously and completely before you begin working in a physician's capacity.

Civil Penalties

Rhode Island General Laws Section 5-37-25.1 further authorizes the Rhode Island Department of Health to file a civil suit for an injunction against any individual violating the state's medical licensing laws. An injunction is a court order not to engage in certain practices, not only the practice of medicine itself but also holding yourself out as a physician offering or advertising medical services.

If Rhode Island officials find you violated an injunction by continuing to practice medicine or hold yourself out as a provider of medical services after the court issued its order, the court could impose contempt sanctions including fines, costs, and even incarceration.

Don't Let Licensing Issues Go Unresolved

It is a crime to diagnose a patient, recommend treatment plans, and provide treatment without a license, even if the licensing lapse is accidental. (Say, for example, your license lapsed, and you didn't realize it.) It is a crime even if you think your application is going to be accepted. It is also a crime, even if you have a valid license to practice in another country.

Although the extra licensing requirements can pose additional headaches for international medical graduates, it's vitally important not to let a licensing issue go unresolved. Doing so can significantly impact your application and may impact your ability to practice medicine in Rhode Island long-term.

Common Licensing Hurdles for International Medical Graduates in Rhode Island

You might have passed all the necessary medical credentials in your country, but that doesn't guarantee that your transition to Rhode Island will be smooth. However, with the right legal guidance, resolving medical licensing issues doesn't have to be as daunting as you think.

Here's a closer look at some of the most common licensing issues that international graduates face in Rhode Island and how a qualified licensing attorney can help resolve these matters quickly and efficiently.

Credential Verification Issues

One of the most common licensing issues revolves around credentials. The United States has fairly high standards for practicing medicine, and the state board must ensure that the graduate's level of education is compatible with the training students receive in Rhode Island.

To that end, foreign medical graduates who want to work in the US must complete their schooling at a qualifying university. Afterward, they must also:

• Pass the US Medical Licensing Exam (USMLE)
• Get certified by the ECFMG
• Enroll in a residency program for foreign medical graduates
• Take and pass a Step 3 USMLE medical exam

These steps ensure that a foreign graduate's education meets the same standardized level as domestic graduates.

Foreign Verification Issues

Another credential-related licensing issue revolves around verification. In some cases, a foreign graduate might meet the Rhode Island qualifications for a medical license. However, the board has problems verifying the necessary information.

This can happen when international relationships are strained, making it difficult to get the right documentation from a foreign institution. Other times, the university may not have a standardized process for documenting a student's progress. Language and procedural barriers pose other setbacks, and paperwork discrepancies can cause additional delays. These lags and impede your ability to work in Rhode Island and may cost you valuable work experience and income.

Language Barrier Issues

Some Rhode Island universities (such as the University of Rhode Island) require international students to provide proof of English proficiency. This is part of the standard admissions process when English is not the student's first language. However, the process is a little different for individuals who have already graduated.

Foreign medical school graduates do not have to pass an English language test to work in the United States. However, strong English language skills are critical for passing the necessary exams and integrating into the medical community. Without a keen understanding of the language, testing, documentation, residency, and certification can become a lot more difficult.

Misconduct Violation Issues

One important licensing qualification under 216 Rhode Island Code of Regulations 40-05-1 and the corresponding statute is that an IMG seeking licensure in the state must be of good moral character. Hence, if you violated any rules, codes or regulations at your school, during residency, or during exam or board processes, then your license may be disqualified.

These character violations could show up in transcripts, academic records, disciplinary records, exam results, criminal histories, and any of your past employment records. An experienced licensing attorney can help you fight these accusations and plead your licensing case with the State Board of Rhode Island.

Fitness Issues

Another thing that could potentially threaten your right to become licensed as an international medical graduate is your fitness. “Fitness” refers to whether a person is mentally and physically capable of meeting a certain task or standard.

A medical graduate who cannot meet a minimum fitness level to be a physician could have their licensing application denied. These indications are flagged in medical evaluations, diagnoses, hospital records, mental health diagnoses, criminal histories, outstanding fines, and pending litigation. By themselves, none of these issues will automatically bar you from getting a professional license. However, they may affect your fitness standing if they point to unfit, unsafe, impaired, or incompetent behaviors and patterns.

You Don't Have to Fight These Issues Alone

While all these extra licensing hoops might feel stressful and daunting, the good news is that this process isn't something you have to do alone. A qualified Professional License Defense Team can help you resolve many of these stressful processes, including:

• Providing the necessary documentation to verify your certification requirements and medical education.
• Answering questions about attendance certification, course completion, clinical performance, and other vital school records.
• Resolving concerns about your moral character and fitness to work as a US physician.
• Clearing up issues regarding your international medical school transcript, ECFMG certification for the Step 3 exam, and USMLE Step 3 performance.
• Settling complications that may arise between you and the state board regarding residency certifications.
• Mitigating problems that stem from language barriers and cultural misunderstandings.
• Ensuring you are not being unfairly discriminated against during the application and certification processes.
• Advocating for your rights as an international medical graduate working in the US.

Don't let these extra licensing concerns and setbacks ruin your goals of working as a Rhode Island physician. The right attorney can help you resolve concerns, advocate for your rights, and help smooth out licensing hurdles into the next phase of your career.

If You Have an International Medical Licensing Issue, Here's What to Do

It takes a lot of planning, vision, and dedication to get licensed as a professional in another country. At the Lento Law Firm, we understand how much this license means to you and how stressful it can be when things don't go the way they're supposed to.

If you are an international medical graduate in Rhode Island, here are the first steps to take when resolving licensing issues:

1. Step 1: Understand the Requirements. Knowledge is power. It will be much easier to understand, address, and resolve your licensing concerns if you already have a fundamental understanding of both federal and state medical licensing requirements.
2. Step 2: Verify Your Credentials. Ensure all documentation is in order, including transcripts, diplomas, testing results, and certifications from the ECFMG verifying your medical education.
3. Step 3: Consult an Attorney. Discuss your situation with a qualified personal licensing defense lawyer. Professional licensing attorneys have specialized skills, experience, and understanding relating to licensing processes in Rhode Island. As a result, they are in the best position to help a foreign medical graduate navigate the complexities of these extra requirements.
4. Step 4: Contact Licensing Authorities. If your license application has been denied or the process is delayed, contact the relevant authorities for clarification on any specific requirements related to your application.
5. Step 5: Address and Resolve Concerns. With the help of your attorney, attempt to resolve discrepancies and follow up on delays. Be proactive in providing the board with whatever information, additional paperwork, or verification they need to resolve the issues quickly and efficiently.
6. Step 6: Prepare for interviews and Examinations. In some cases, the board may want to meet with you in person. This could happen if there are questions about your mental or physical fitness or concerns about misconduct. Make sure you follow the advice of your attorney and prepare to answer any questions they might have concerning the issues.
7. Step 7: Continue to Comply with Regulations. While your licensing application is being reviewed, make sure to comply with all state and federal regulations. Do not hold yourself out as a doctor if you are not licensed, and keep up to date on all continuing education requirements.
8. Step 8: Document Everything. Be sure to maintain detailed records of all communications, documents, submissions, and appeals relating to your licensing issues. This can help resolve disputes and provide clarifying information if there is ever a question.
9. Step 9: Consider Alternative Options. Licensing boards are not allowed to discriminate based on race, religion, or sexual orientation. If you suspect discrimination might be at play in your denial, then you and your attorney may consider filing a lawsuit to seek fair consideration of your application.

Professional licensing issues are never easy, but they can be especially difficult for an international medical graduate. The right attorney can significantly reduce this stress and help you navigate the legal challenges standing between you and your medical license.

A Professional Licensing Defense Attorney Can Help

International medical graduates are a vital part of the US healthcare system. These professionals offer culturally diverse perspectives, bridge language barriers, and help unify cultural differences in the medical community. However, they also face a number of unique challenges that can threaten their right to work in the US.

If you are an international medical graduate and have concerns about a processional licensing issue, we want to hear from you. Call the Lento Law Firm Team today at (888) 535-3686 or contact us online, and let us help defend your hard-earned right to work in the US and Rhode Island medical community.