SF 3611

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/21/2024 09:28am

A bill for an act
relating to health; amending licensing requirements for graduates of foreign medical
schools; authorizing the commissioner of health to remedy certain violations by
employers of limited license holders; requiring employers of limited license holders
to carry medical malpractice insurance; requiring limited license holders to provide
periodic certification to the medical board; amending Minnesota Statutes 2022,
section 147.037, by adding a subdivision; Minnesota Statutes 2023 Supplement,
section 144.99, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2023 Supplement, section 144.99, subdivision 1, is amended
to read:

Subdivision 1.

Remedies available.

The provisions of chapters 103I and 157 and sections
115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14),
and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385;
144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98;
144.992; new text begin 147.037, subdivision 1b, paragraph (c); new text end 326.70 to 326.785; 327.10 to 327.131;
and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance
agreements, licenses, registrations, certificates, and permits adopted or issued by the
department or under any other law now in force or later enacted for the preservation of
public health may, in addition to provisions in other statutes, be enforced under this section.

Sec. 2.

Minnesota Statutes 2022, section 147.037, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Limited license. new text end

new text begin (a) The board must issue a limited license to any person who
satisfies the requirements of subdivision 1, paragraphs (a) to (c) and (e) to (g), and who:
new text end

new text begin (1) pursuant to a license or other authorization to practice, has practiced medicine, as
defined in section 147.081, subdivision 3, clauses (2) to (4), for at least 60 months in the
previous ten years outside of the United States, after completing a residency program or a
postgraduate medical training program that is substantially similar to a residency program;
new text end

new text begin (2) submits sufficient evidence of an offer to practice within the context of a collaborative
agreement within a hospital or clinical setting where the limited license holder and physicians
work together to provide patient care;
new text end

new text begin (3) provides services in a designated rural area or underserved urban community as
defined in section 144.1501; and
new text end

new text begin (4) submits two letters of recommendation in support of a limited license, which letters
must include one from a physician with whom the applicant previously worked and one
from an administrator of the hospital or clinical setting in which the applicant previously
worked. The letters of recommendation must attest to the applicant's good medical standing.
new text end

new text begin (b) A person issued a limited license under this subdivision must not be required to
present evidence satisfactory to the board of the completion of one year of graduate clinical
medical training in a program accredited by a national accrediting organization approved
by the board.
new text end

new text begin (c) An employer of a limited license holder must pay the limited license holder at least
an amount equivalent to a medical resident in a comparable field. The employer must carry
medical malpractice insurance covering a limited license holder for the duration of the
employment. The commissioner of health may issue a correction order under section 144.99,
subdivision 3, requiring an employer to comply with this paragraph. An employer must not
retaliate against or discipline an employee for raising a complaint or pursuing enforcement
relating to this paragraph.
new text end

new text begin (d) The board must issue a full and unrestricted license to practice medicine to a person
who holds a limited license issued pursuant to paragraph (a) and who has:
new text end

new text begin (1) held the limited license for two years and is in good standing to practice medicine
in this state;
new text end

new text begin (2) practiced for a minimum of 1,692 hours per year for each of the previous two years;
and
new text end

new text begin (3) submitted a letter of recommendation in support of a full and unrestricted license
from any physician who participated in the collaborative agreement.
new text end

new text begin (e) A limited license holder must submit to the board, every six months or upon request,
a statement certifying whether the person is still employed as a physician in this state and
whether the person has been subjected to professional discipline as a result of the person's
practice. The board may suspend or revoke a limited license if a majority of the board
determines that the licensee is no longer employed as a physician in this state by an employer.
The licensee must be granted an opportunity to be heard prior to the board's determination.
A licensee may change employers during the duration of the limited license if the licensee
has another offer of employment. In the event that a change of employment occurs, the
licensee must still work the amount of hours required under paragraph (d), clause (2), to be
eligible for a full and unrestricted license to practice medicine.
new text end

new text begin (f) For purposes of this subdivision, "collaborative agreement" means a mutually agreed
upon plan for the overall working relationship and collaborative arrangement between a
holder of a limited license and one or more physicians licensed under this chapter that
designates the scope of services that can be provided to manage the care of patients. The
limited license holder and one of the collaborating physicians must have experience in
providing care to patients with the same or similar medical conditions. The collaborating
physician is not required to be physically present, but the limited license holder must have
one-on-one practice reviews provided in person or through eye-to-eye electronic media
while maintaining visual contact, with each collaborating physician, for at least two hours
per month, and the collaborating physician and limited license holder can easily contact
each other by radio, telephone, or other telecommunication device.
new text end

new text begin (g) The board must not grant a license under this section unless the applicant possesses
federal immigration status that allows the applicant to practice as a physician in the United
States.
new text end