HF 3640

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the Board of Medical Practice; changing criteria for removal from the
board; amending Minnesota Statutes 2006, section 147.01, subdivision 1, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, 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. 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, deleted text begin removal of members, deleted text end 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 2006, section 147.01, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Removal from the board. new text end

new text begin A member may be removed by the appointing
authority at any time (1) for cause after notice and hearing, (2) if the member fails to make
a conflict of interest disclosure as required under section 10A.07, (3) if the board fails to
prepare and submit the report required under section 214.07, or (4) after missing three
consecutive meetings. The chair of the board shall inform the appointing authority of a
member missing the three consecutive meetings. After the second consecutive missed
meeting and before the next meeting, the secretary of the board shall notify the member in
writing that the member may be removed for missing the next meeting. In the case of a
vacancy on the board, the appointing authority shall appoint a person to fill the vacancy
for the remainder of the unexpired term.
new text end