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HF 1923

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2015 03:06pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/16/2015

Current Version - as introduced

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A bill for an act
relating to health; modifying licensure requirement for osteopathic physicians;
making technical changes to the composition of the Board of Medical Practice;
amending Minnesota Statutes 2014, sections 147.01, subdivisions 1, 2; 147.02,
subdivision 1.

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

Section 1.

Minnesota Statutes 2014, 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. deleted text beginTendeleted text endnew text begin Elevennew text end board members
must deleted text beginhold a degree of doctor of medicine anddeleted text end be licensed to practice medicine under this
chapterdeleted text begin. Notdeleted text endnew text begin, notnew text end less than one deleted text beginboard memberdeleted text endnew text begin of whomnew text end must hold a degree of doctor of
deleted text beginosteopathydeleted text endnew text begin osteopathic medicinenew text end and either be licensed to practice deleted text beginosteopathydeleted text endnew text begin osteopathic
medicine
new text end 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. 2.

Minnesota Statutes 2014, section 147.01, subdivision 2, is amended to read:


Subd. 2.

Recommendations for appointment.

Prior to the end of the term of a
doctor of medicine or public member on the board, or within 60 days after a doctor of
medicine or public member position on the board becomes vacant, the State Medical
Association, the Mental Health Association of Minnesota, and other interested persons and
organizations may recommend to the governor doctors of medicine and public members
qualified to serve on the board. Prior to the end of the term of deleted text begina doctor of osteopathydeleted text endnew text begin
an osteopathic physician
new text end, or within 60 days after deleted text begina doctor of osteopathydeleted text endnew text begin an osteopathic
physician
new text end membership becomes vacant, the Minnesota Osteopathic Medical Society may
recommend to the governor three deleted text begindoctors of osteopathydeleted text endnew text begin osteopathic physiciansnew text end qualified
to serve on the board. The governor may appoint members to the board from the list of
persons recommended or from among other qualified candidates.

Sec. 3.

Minnesota Statutes 2014, 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, the National Board of Osteopathic
Examiners, 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. The
applicant taking the deleted text beginCollege of Osteopathic Medical Licensure Examination (COMLEX)deleted text endnew text begin
Comprehensive Osteopathic Medical Licensing Examination (COMPLEX-USA)
new text end must
pass all three steps within deleted text beginsixdeleted text endnew text begin ninenew text end attempts.

(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 may 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.