Minnesota Legislature
HF 2445
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/18/2016 09:33am
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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 begin Tendeleted text end new text begin Elevennew text end board members
must deleted text begin hold a degree of doctor of medicine anddeleted text end be licensed to practice medicine under
this chapter. deleted text begin Not less thandeleted text end new text begin At leastnew text end one board member must hold a degree of doctor of
deleted text begin 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 chapterdeleted text end new text begin medicine, and at least one board member must hold a degree of doctor of
osteopathic medicinenew text end . 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 begin a doctor of osteopathy
deleted text end new text begin an osteopathic physiciannew text end , or within 60 days after deleted text begin a doctor of osteopathydeleted text end new text begin an osteopathic
physiciannew text end membership becomes vacant, the Minnesota Osteopathic Medical Society may
recommend to the governor three deleted text begin doctors of osteopathydeleted text end new 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)
new text begin or Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA)new text end must
have passed steps new text begin or levelsnew text end one, two, and three. Step new text begin or levelnew text end three must be passed
within five years of passing step new text begin or levelnew text end two, or before the end of residency training.
The applicant must pass each of steps new text begin or levelsnew text end one, two, and three with passing scores
as recommended by the USMLE program new text begin or National Board of Osteopathic Medical
Examinersnew text end 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. deleted text begin Thedeleted text end
deleted text begin applicant taking the deleted text end deleted text begin College of Osteopathic Medical Licensure Examination (COMLEX) deleted text end deleted text begin
must deleted text end deleted text begin pass all three steps within deleted text end deleted text begin sixdeleted text end deleted text begin attempts.
deleted 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 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 deleted text begin Bureau of Professional
deleted text end deleted text begin Educationdeleted text end , the Royal College of Physicians and Surgeons of Canada, or of the College
of Family Physicians of Canada.