SF 825

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/13/2013 11:54am

A bill for an act
relating to health; making changes to the Medical Practice Act; amending
Minnesota Statutes 2012, sections 147.001; 147.01, subdivision 1; 147.02,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 147.

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

Section 1.

Minnesota Statutes 2012, section 147.001, is amended to read:

147.001 new text begin SCOPE AND new text end PURPOSE.

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Sections 147.01 to 147.37 may be cited as the "Minnesota
Medical Practice Act."
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

The primary responsibility and obligation of the Board of
Medical Practice is to protect the public.

In the interest of public health, safety, and welfare, and to protect the public from the
unprofessional, improper, incompetent, and unlawful practice of medicine, it is necessary
to provide laws and regulations to govern the granting and subsequent use of the license to
practice medicine.

Sec. 2.

Minnesota Statutes 2012, section 147.01, subdivision 1, is amended to read:

Subdivision 1.

Creation; terms.

The Board of Medical Practice consists of 16
residents of the state of Minnesota appointed by the governor. Ten board members must
hold a degree of doctor of medicine and be licensed to practice medicine under this
chapter. new text begin Not less than new text end one board member must hold a degree of doctor of osteopathy and
either be licensed to practice osteopathy under Minnesota Statutes 1961, sections 148.11 to
148.16; prior to May 1, 1963, or be licensed to practice medicine under this chapter. Five
board members must be public members as defined by section 214.02. The governor shall
make appointments to the board which reflect the geography of the state. In making these
appointments, the governor shall ensure that no more than one public member resides in
each United States congressional district, and that at least one member who is not a public
member resides in each United States congressional district. The board members holding
the degree of doctor of medicine must, as a whole, reflect the broad mix of expertise of
physicians practicing in Minnesota. A member may be reappointed but shall not serve more
than eight years consecutively. Membership terms, compensation of members, removal of
members, the filling of membership vacancies, and fiscal year and reporting requirements
are as provided in sections 214.07 to 214.09. The provision of staff, administrative
services and office space; the review and processing of complaints; the setting of board
fees; and other provisions relating to board operations are as provided in chapter 214.

Sec. 3.

Minnesota Statutes 2012, section 147.02, subdivision 1, is amended to read:

Subdivision 1.

United States or Canadian medical school graduates.

The board
shall issue a license to practice medicine to a person not currently licensed in another state
or Canada and who meets the requirements in paragraphs (a) to (i).

(a) An applicant for a license shall file a written 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 medical or osteopathic school located in the United States, its territories or Canada,
and approved by the board based upon its faculty, curriculum, facilities, accreditation by a
recognized national accrediting organization approved by the board, and other relevant
data, or is currently enrolled in the final year of study at the school.

(c) The applicant must have passed an examination as described in clause (1) or (2).

(1) The applicant must have passed a comprehensive examination for initial licensure
prepared and graded by the National Board of Medical Examiners, the Federation of State
Medical Boards, the Medical Council of Canada, new text begin the National Board of Osteopathic
Examiners, new text end or the appropriate state board that the board determines acceptable. The board
shall by rule determine what constitutes a passing score in the examination.

(2) The applicant taking the United States Medical Licensing Examination (USMLE)
must have passed steps one, two, and three. Step three must be passed within five years
of passing step two, or before the end of residency training. The applicant must pass
each of steps one, two, and three with passing scores as recommended by the USMLE
program within three attempts. The applicant taking combinations of Federation of State
Medical Boards, National Board of Medical Examiners, and USMLE may be accepted
only if the combination is approved by the board as comparable to existing comparable
examination sequences and all examinations are completed prior to the year 2000. new text begin The
applicant taking the College of Osteopathic Medical Licensure Examination (COMLEX)
must pass all three steps within six attempts.
new text end

(d) The applicant shall 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 or other graduate training approved
in advance by the board as meeting standards similar to those of a national accrediting
organization.

(e) The applicant deleted text begin shall deleted text end new text begin may new text end make arrangements with the executive director to appear
in person before the board or its designated representative to show that the applicant
satisfies the requirements of this section. 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 may not be
refunded. Upon application or notice of license renewal, the board must provide notice
to the applicant and to the person whose license is scheduled to be issued or renewed of
any additional fees, surcharges, or other costs which the person is obligated to pay as a
condition of licensure. The notice must:

(1) state the dollar amount of the additional costs; and

(2) clearly identify to the applicant the payment schedule of additional costs.

(g) The applicant must not be under license suspension or revocation by the
licensing board of the state or jurisdiction in which the conduct that caused the suspension
or revocation occurred.

(h) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee, or have been subject to disciplinary action other than as specified in
paragraph (g). If the applicant does not satisfy the requirements stated in this paragraph,
the board may issue a license only on the applicant's showing that the public will be
protected through issuance of a license with conditions and limitations the board considers
appropriate.

(i) If the examination in paragraph (c) was passed more than ten years ago, the
applicant must either:

(1) pass the special purpose examination of the Federation of State Medical Boards
with a score of 75 or better within three attempts; or

(2) have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of Professional
Education, the Royal College of Physicians and Surgeons of Canada, or of the College
of Family Physicians of Canada.

Sec. 4.

new text begin [147.0911] DIVERSIONARY PROGRAM.
new text end

new text begin A person licensed under this chapter who is unable to practice with reasonable skill
and safety by reason of illness; use of alcohol, drugs, chemicals, or any other materials; or
as a result of a mental, physical, or psychological condition, may participate in the health
professional services program under sections 214.31 to 214.36, if the person meets the
eligibility requirements.
new text end

Sec. 5.

new text begin [147.61] OVERSIGHT OF ALLIED HEALTH PROFESSIONS.
new text end

new text begin The board has responsibility for the oversight of the following allied health
professions: physician assistants under chapter 147A; acupuncture practitioners under
chapter 147B; respiratory care practitioners under chapter 147C; traditional midwives
under chapter 147D; registered naturopathic doctors under chapter 147E; and athletic
trainers under sections 148.7801 to 148.7815.
new text end