Any physician seeking a designation as an essential community provider shall:

1. (1) Apply to the director of the department;

2. (2) Document to the department that at least forty percent of the physician's practice is comprised of:

   1. (a) Medicaid or uninsured patients, or both; or
   2. (b) A combination of paragraph (a) and Medicare or underinsured patients, or both;
3. (3) Serve a medically underserved area or a health professional shortage area;
4. (4) Serve a medically underserved population;
5. (5) Spend at least twenty hours per week at a principal site;
6. (6) Be available to a medically underserved population on evenings and weekends at a principal site;
7. (7) Hold hospital staff privileges with a participating network hospital of the health care insurer;
8. (8) Not be a direct employee of a health care insurer, a for-profit or a not-for-profit hospital or health services corporation; and

9. (9) Meet the following quality standards in accordance with guidelines established by the National Committee for Quality Assurance:

   1. (a) A current valid license to practice;
   2. (b) Clinical privileges in good standing at the hospital designated by the physician as the primary admitting facility;
   3. (c) A valid Drug Enforcement Agency or Controlled Dangerous Substances certificate, if applicable;
   4. (d) Graduation from medical school, and completion of a residency or board certification if applicable;
   5. (e) Work history;
   6. (f) Current adequate malpractice insurance according to the managed care organization's policy; and
   7. (g) Professional liability claims history.

(L. 1998 H.B. 1302 § 2)