1.1                          A bill for an act 
  1.2             relating to health occupations; modifying licensure 
  1.3             requirements for physicians; amending Minnesota 
  1.4             Statutes 1999 Supplement, sections 147.02, subdivision 
  1.5             1; 147.03, subdivision 1; and 147.037, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.8   147.02, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [UNITED STATES OR CANADIAN MEDICAL SCHOOL 
  1.10  GRADUATES.] The board shall issue a license to practice medicine 
  1.11  to a person who meets the requirements in paragraphs (a) 
  1.12  to (h) (g). 
  1.13     (a) An applicant for a license shall file a written 
  1.14  application on forms provided by the board, showing to the 
  1.15  board's satisfaction that the applicant is of good moral 
  1.16  character and satisfies the requirements of this section.  
  1.17     (b) The applicant shall present evidence satisfactory to 
  1.18  the board of being a graduate of a medical or osteopathic school 
  1.19  located in the United States, its territories or Canada, and 
  1.20  approved by the board based upon its faculty, curriculum, 
  1.21  facilities, accreditation by a recognized national accrediting 
  1.22  organization approved by the board, and other relevant data, or 
  1.23  is currently enrolled in the final year of study at the school.  
  1.24     (c) The applicant must have passed an examination as 
  1.25  described in clause (1) or (2). 
  2.1      (1) The applicant must have passed a comprehensive 
  2.2   examination for initial licensure prepared and graded by the 
  2.3   National Board of Medical Examiners or the Federation of State 
  2.4   Medical Boards.  The board shall by rule determine what 
  2.5   constitutes a passing score in the examination.  
  2.6      (2) The applicant taking the United States Medical 
  2.7   Licensing Examination (USMLE) must have passed steps one, two, 
  2.8   and three within a seven-year period.  This seven-year period 
  2.9   begins when the applicant first passes either step one or two, 
  2.10  as applicable.  Applicants actively enrolled in or graduated 
  2.11  from accredited MD/PhD, MD/JD, MD/MBA, or MD/MPH dual degree 
  2.12  programs or osteopathic equivalents must have passed each of 
  2.13  steps one, two, and three within three attempts in seven years 
  2.14  plus the time taken to obtain the non-MD degree or ten years, 
  2.15  whichever occurs first.  The applicant must pass each of steps 
  2.16  one, two, and three with passing scores as recommended by the 
  2.17  USMLE program within three attempts.  The applicant taking 
  2.18  combinations of Federation of State Medical Boards, National 
  2.19  Board of Medical Examiners, and USMLE may be accepted only if 
  2.20  the combination is approved by the board as comparable to 
  2.21  existing comparable examination sequences and all examinations 
  2.22  are completed prior to the year 2000.  
  2.23     (d) The applicant shall present evidence satisfactory to 
  2.24  the board of the completion of one year of graduate, clinical 
  2.25  medical training in a program accredited by a national 
  2.26  accrediting organization approved by the board or other graduate 
  2.27  training approved in advance by the board as meeting standards 
  2.28  similar to those of a national accrediting organization.  
  2.29     (e) The applicant shall make arrangements with the 
  2.30  executive director to appear in person before the board or its 
  2.31  designated representative to show that the applicant satisfies 
  2.32  the requirements of this section.  The board may establish as 
  2.33  internal operating procedures the procedures or requirements for 
  2.34  the applicant's personal presentation.  
  2.35     (f) The applicant shall pay a fee established by the board 
  2.36  by rule.  The fee may not be refunded.  Upon application or 
  3.1   notice of license renewal, the board must provide notice to the 
  3.2   applicant and to the person whose license is scheduled to be 
  3.3   issued or renewed of any additional fees, surcharges, or other 
  3.4   costs which the person is obligated to pay as a condition of 
  3.5   licensure.  The notice must: 
  3.6      (1) state the dollar amount of the additional costs; and 
  3.7      (2) clearly identify to the applicant the payment schedule 
  3.8   of additional costs.  
  3.9      (g) (f) The applicant must not be under license suspension 
  3.10  or revocation by the licensing board of the state or 
  3.11  jurisdiction in which the conduct that caused the suspension or 
  3.12  revocation occurred.  
  3.13     (h) (g) The applicant must not have engaged in conduct 
  3.14  warranting disciplinary action against a licensee, or have been 
  3.15  subject to disciplinary action other than as specified in 
  3.16  paragraph (g) (f).  If the applicant does not satisfy the 
  3.17  requirements stated in this paragraph, the board may issue a 
  3.18  license only on the applicant's showing that the public will be 
  3.19  protected through issuance of a license with conditions and 
  3.20  limitations the board considers appropriate. 
  3.21     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  3.22  147.03, subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [ENDORSEMENT; RECIPROCITY.] (a) The board 
  3.24  may issue a license to practice medicine to any person who 
  3.25  satisfies the requirements in paragraphs (b) to (f).  
  3.26     (b) The applicant shall satisfy all the requirements 
  3.27  established in section 147.02, subdivision 1, paragraphs (a), 
  3.28  (b), (d), and (e), and (f).  
  3.29     (c) The applicant shall: 
  3.30     (1) have passed an examination prepared and graded by the 
  3.31  Federation of State Medical Boards, the National Board of 
  3.32  Medical Examiners, or the United States Medical Licensing 
  3.33  Examination program in accordance with section 147.02, 
  3.34  subdivision 1, paragraph (c), clause (2); the National Board of 
  3.35  Osteopathic Examiners; or the Medical Council of Canada; and 
  3.36     (2) have a current license from the equivalent licensing 
  4.1   agency in another state or Canada and, if the examination in 
  4.2   clause (1) was passed more than ten years ago, either: 
  4.3      (i) pass the Special Purpose Examination of the Federation 
  4.4   of State Medical Boards with a score of 75 or better within 
  4.5   three attempts; or 
  4.6      (ii) have a current certification by a specialty board of 
  4.7   the American Board of Medical Specialties, of the American 
  4.8   Osteopathic Association Bureau of Professional Education, or of 
  4.9   the Royal College of Physicians and Surgeons of Canada. 
  4.10     (d) The applicant shall pay a fee established by the board 
  4.11  by rule.  The fee may not be refunded.  
  4.12     (e) The applicant must not be under license suspension or 
  4.13  revocation by the licensing board of the state or jurisdiction 
  4.14  in which the conduct that caused the suspension or revocation 
  4.15  occurred. 
  4.16     (f) The applicant must not have engaged in conduct 
  4.17  warranting disciplinary action against a licensee, or have been 
  4.18  subject to disciplinary action other than as specified in 
  4.19  paragraph (e).  If an applicant does not satisfy the 
  4.20  requirements stated in this paragraph, the board may issue a 
  4.21  license only on the applicant's showing that the public will be 
  4.22  protected through issuance of a license with conditions or 
  4.23  limitations the board considers appropriate. 
  4.24     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  4.25  147.037, subdivision 1, is amended to read: 
  4.26     Subdivision 1.  [REQUIREMENTS.] The board shall issue a 
  4.27  license to practice medicine to any person who satisfies the 
  4.28  requirements in paragraphs (a) to (g). 
  4.29     (a) The applicant shall satisfy all the requirements 
  4.30  established in section 147.02, subdivision 1, paragraphs (a), 
  4.31  (e), (f), and (g), and (h).  
  4.32     (b) The applicant shall present evidence satisfactory to 
  4.33  the board that the applicant is a graduate of a medical or 
  4.34  osteopathic school approved by the board as equivalent to 
  4.35  accredited United States or Canadian schools based upon its 
  4.36  faculty, curriculum, facilities, accreditation, or other 
  5.1   relevant data.  
  5.2      (c) The applicant shall present evidence satisfactory to 
  5.3   the board that the applicant has been awarded a certificate by 
  5.4   the educational council for foreign medical graduates, and the 
  5.5   applicant has a working ability in the English language 
  5.6   sufficient to communicate with patients and physicians and to 
  5.7   engage in the practice of medicine.  
  5.8      (d) The applicant shall present evidence satisfactory to 
  5.9   the board of the completion of two years of graduate, clinical 
  5.10  medical training in a program located in the United States, its 
  5.11  territories, or Canada and accredited by a national accrediting 
  5.12  organization approved by the board.  This requirement does not 
  5.13  apply: 
  5.14     (1) to an applicant who is admitted as a permanent 
  5.15  immigrant to the United States on or before October 1, 1991, as 
  5.16  a person of exceptional ability in the sciences according to 
  5.17  Code of Federal Regulations, title 20, section 656.22(d); 
  5.18     (2) to an applicant holding a valid license to practice 
  5.19  medicine in another country and issued a permanent immigrant 
  5.20  visa after October 1, 1991, as a person of extraordinary ability 
  5.21  in the field of science or as an outstanding professor or 
  5.22  researcher according to Code of Federal Regulations, title 8, 
  5.23  section 204.5(h) and (i), or a temporary nonimmigrant visa as a 
  5.24  person of extraordinary ability in the field of science 
  5.25  according to Code of Federal Regulations, title 8, section 
  5.26  214.2(o), 
  5.27  provided that a person under clause (1) or (2) is admitted 
  5.28  pursuant to rules of the United States Department of Labor; or 
  5.29     (3) to an applicant who is licensed in another state, has 
  5.30  practiced five years without disciplinary action in the United 
  5.31  States, its territories, or Canada, has completed one year of 
  5.32  the graduate, clinical medical training required by this 
  5.33  paragraph, and has passed the Special Purpose Examination of the 
  5.34  Federation of State Medical Boards within three attempts in the 
  5.35  24 months before licensing. 
  5.36     (e) The applicant must:  
  6.1      (1) have passed an examination prepared and graded by the 
  6.2   Federation of State Medical Boards, the United States Medical 
  6.3   Licensing Examination program in accordance with section 147.02, 
  6.4   subdivision 1, paragraph (c), clause (2), or the Medical Council 
  6.5   of Canada; and 
  6.6      (2) have a current license from the equivalent licensing 
  6.7   agency in another state or country and, if the examination in 
  6.8   clause (1) was passed more than ten years ago, either: 
  6.9      (i) pass the Special Purpose Examination of the Federation 
  6.10  of State Medical Boards with a score of 75 or better within 
  6.11  three attempts; or 
  6.12     (ii) have a current certification by a specialty board of 
  6.13  the American Board of Medical Specialties, of the American 
  6.14  Osteopathic Association Bureau of Professional Education, of the 
  6.15  Royal College of Physicians and Surgeons of Canada, or of the 
  6.16  College of Family Physicians of Canada. 
  6.17     (f) The applicant must not be under license suspension or 
  6.18  revocation by the licensing board of the state or jurisdiction 
  6.19  in which the conduct that caused the suspension or revocation 
  6.20  occurred.  
  6.21     (g) The applicant must not have engaged in conduct 
  6.22  warranting disciplinary action against a licensee, or have been 
  6.23  subject to disciplinary action other than as specified in 
  6.24  paragraph (f).  If an applicant does not satisfy the 
  6.25  requirements stated in this paragraph, the board may issue a 
  6.26  license only on the applicant's showing that the public will be 
  6.27  protected through issuance of a license with conditions or 
  6.28  limitations the board considers appropriate.