HF 2428

as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:34pm

A bill for an act
relating to health occupations; making changes to licensure of podiatrists;
amending Minnesota Statutes 2012, section 153.16, subdivisions 1, 2, 3, by
adding subdivisions.

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

Section 1.

Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:

Subdivision 1.

License requirements.

The board shall issue a license to practice
podiatric medicine to a person who meets the following requirements:

(a) The applicant for a license shall file a written notarized application on forms
provided by the board, showing to the board's satisfaction that the applicant is of good
moral character and satisfies the requirements of this section.

(b) The applicant shall present evidence satisfactory to the board of being a graduate
of a podiatric medical school approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting organization approved by the
board, and other relevant factors.

(c) The applicant must have received a passing score on each part of the national board
examinations, parts one and two, prepared and graded by the National Board of Podiatric
Medical Examiners. The passing score for each part of the national board examinations,
parts one and two, is as defined by the National Board of Podiatric Medical Examiners.

(d) Applicants graduating after 1986 from a podiatric medical school shall present
evidence deleted text begin satisfactory to the board of the completion of (1) one year of graduate, clinical
residency or preceptorship in a program accredited by a national accrediting organization
approved by the board or (2) other graduate training that meets standards equivalent to
those of an approved national accrediting organization or school of podiatric medicine
deleted text end new text begin of successful completion of a residency program approved by a national accrediting
podiatric medicine organization new text end .

(e) The applicant shall appear in person before the board or its designated
representative to show that the applicant satisfies the requirements of this section,
including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
medicine. The board may establish as internal operating procedures the procedures or
requirements for the applicant's personal presentation.

(f) The applicant shall pay a fee established by the board by rule. The fee shall
not be refunded.

(g) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee. If the applicant does not satisfy the requirements of this paragraph,
the board may refuse to issue a license unless it determines that the public will be
protected through issuance of a license with conditions and limitations the board considers
appropriate.

(h) Upon payment of a fee as the board may require, an applicant who fails to pass
an examination and is refused a license is entitled to reexamination within one year of
the board's refusal to issue the license. No more than two reexaminations are allowed
without a new application for a license.

Sec. 2.

Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Relicensure after two-year lapse of practice; reentry program. new text end

new text begin A
podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
practice of podiatric medicine of greater than two years must reestablish competency by
completing a reentry program approved by the board.
new text end

Sec. 3.

Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:

Subd. 2.

Applicants licensed in another state.

The board shall issue a license
to practice podiatric medicine to any person currently or formerly licensed to practice
podiatric medicine in another state who satisfies the requirements of this section:

(a) The applicant shall satisfy the requirements established in subdivision 1.

(b) The applicant shall present evidence satisfactory to the board indicating the
current status of a license to practice podiatric medicine issued by the first state of
licensure and all other states and countries in which the individual has held a license.

(c) If the applicant has had a license revoked, engaged in conduct warranting
disciplinary action against the applicant's license, or been subjected to disciplinary action,
in another state, the board may refuse to issue a license unless it determines that the
public will be protected through issuance of a license with conditions or limitations the
board considers appropriate.

(d) The applicant shall submit with the license application the following additional
information for the five-year period preceding the date of filing of the application: (1) the
name and address of the applicant's professional liability insurer in the other state; and (2)
the number, date, and disposition of any podiatric medical malpractice settlement or award
made to the plaintiff relating to the quality of podiatric medical treatment.

(e) If the license is active, the applicant shall submit with the license application
evidence of compliance with the continuing education requirements in the current state of
licensure.

(f) If the license is inactive, the applicant shall submit with the license application
evidence of participation in deleted text begin one-half deleted text end the new text begin same new text end number of hours of acceptable continuing
education required for biennial renewal, as specified under Minnesota Rules, up to five
years. If the license has been inactive for more than two years, the amount of acceptable
continuing education required must be obtained during the two years immediately before
application or the applicant must provide other evidence as the board may reasonably
require.

Sec. 4.

Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:

Subd. 3.

Temporary permit.

Upon payment of a fee and in accordance with the
rules of the board, the board may issue a temporary permit to practice podiatric medicine
to a podiatrist engaged in a clinical residency deleted text begin or preceptorship for a period not to exceed
12 months. A temporary permit may be extended under the following conditions:
deleted text end

deleted text begin (1) the applicant submits acceptable evidence that the training was interrupted by
circumstances beyond the control of the applicant and that the sponsor of the program
agrees to the extension;
deleted text end

deleted text begin (2) the applicant is continuing in a residency that extends for more than one year; or
deleted text end

deleted text begin (3) the applicant is continuing in a residency that extends for more than two years.
deleted text end new text begin approved by a national accrediting organization. The temporary permit is renewed
annually until the residency training requirements are completed or until the residency
program is terminated or discontinued.
new text end

Sec. 5.

Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Continuing education. new text end

new text begin (a) Every podiatrist licensed to practice in this
state shall obtain 40 clock hours of continuing education in each two-year cycle of license
renewal. All continuing education hours must be earned by verified attendance at or
participation in a program or course sponsored by the Council on Podiatric Medical
Education or approved by the board. In each two-year cycle, a maximum of eight hours of
continuing education credits may be obtained through participation in online courses.
new text end

new text begin (b) The number of continuing education hours required during the initial licensure
period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
ratio of the number of days the license is held in the initial licensure period to 730 days.
new text end