SF 2310

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/13/2018 08:39am

A bill for an act
relating to health care; modifying licensure requirements for international medical
graduates and eminent physicians; amending Minnesota Statutes 2016, sections
147.037, subdivision 1; 147.0375, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 147.037, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

The board shall issue a license to practice medicine to
any person who satisfies the requirements in paragraphs (a) to (g).

(a) The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1, paragraphs (a), (e), (f), (g), and (h).

(b) The applicant shall present evidence satisfactory to the board that the applicant is a
graduate of a medical or osteopathic school approved by the board as equivalent to accredited
United States or Canadian schools based upon its faculty, curriculum, facilities, accreditation,
or other relevant data. If the applicant is a graduate of a medical or osteopathic program
that is not accredited by the Liaison Committee for Medical Education or the American
Osteopathic Association, the applicant may use the Federation of State Medical Boards'
Federation Credentials Verification Service (FCVS) or its successor. If the applicant uses
this service as allowed under this paragraph, the physician application fee may be less than
$200 but must not exceed the cost of administering this paragraph.

(c) The applicant shall present evidence satisfactory to the board that the applicant has
been awarded a certificate by the Educational Council for Foreign Medical Graduates, and
the applicant has a working ability in the English language sufficient to communicate with
patients and physicians and to engage in the practice of medicine.

(d) The applicant shall present evidence satisfactory to the board of the completion of
two years one year of graduate, clinical medical training in a program located in the United
States, its territories, or Canada and accredited by a national accrediting organization
approved by the board 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. This requirement does not apply:

(1) to an applicant who is admitted as a permanent immigrant to the United States on or
before October 1, 1991, as a person of exceptional ability in the sciences according to Code
of Federal Regulations, title 20, section 656.22(d); or

(2) to an applicant holding a valid license to practice medicine in another country and
issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary ability
in the field of science or as an outstanding professor or researcher according to Code of
Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant visa as
a person of extraordinary ability in the field of science according to Code of Federal
Regulations, title 8, section 214.2(o),

provided that a person under clause (1) or (2) is admitted pursuant to rules of the United
States Department of Labor; or

(3) to an applicant who is licensed in another state, has practiced five years without
disciplinary action in the United States, its territories, or Canada, has completed one year
of the graduate, clinical medical training required by this paragraph, and has passed the
Special Purpose Examination of the Federation of State Medical Boards within three attempts
in the 24 months before licensing.

(e) The applicant must:

(1) have passed an examination prepared and graded by the Federation of State Medical
Boards, the United States Medical Licensing Examination program in accordance with
section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council of Canada;
and

(2) have a current license from the equivalent licensing agency in another state or country
and, if the examination in clause (1) was passed more than ten years ago, either:

(i) pass the Special Purpose Examination of the Federation of State Medical Boards with
a score of 75 or better within three attempts; or

(ii) have a current certification by a specialty board of the American Board of Medical
Specialties, of the American Osteopathic Association, of the Royal College of Physicians
and Surgeons of Canada, or of the College of Family Physicians of Canada; or

(3) if the applicant fails to meet the requirement established in section 147.02, subdivision
1, paragraph (c), clause (2), because the applicant failed to pass each of steps one, two, and
three of the USMLE within the required three attempts, the applicant may be granted a
license provided the applicant:

(i) has passed each of steps one, two, and three with passing scores as recommended by
the USMLE program within no more than four attempts for any of the three steps;

(ii) is currently licensed in another state; and

(iii) has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association, the Royal College of Physicians and
Surgeons of Canada, or the College of Family Physicians of Canada.

(f) 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.

(g) 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 (f). If an 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 or limitations the board considers appropriate.

Sec. 2.

Minnesota Statutes 2016, section 147.0375, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

The board shall issue a license to practice medicine to
any person who satisfies the requirements in paragraphs (a) to (d).

(a) The applicant must satisfy all the requirements established in section 147.02,
subdivision 1, paragraphs (a), (e), (f), (g), and (h).

(b) The applicant must present evidence satisfactory to the board that the applicant is a
graduate of a medical or osteopathic school approved by the board as equivalent to accredited
United States or Canadian schools based upon its faculty, curriculum, facilities, accreditation,
or other relevant data. If the applicant is a graduate of a medical or osteopathic program
that is not accredited by the Liaison Committee for Medical Education or the American
Osteopathic Association, the applicant may use the Federation of State Medical Boards'
Federation Credentials Verification Service (FCVS) or its successor. If the applicant uses
this service as allowed under this paragraph, the physician application fee may be less than
$200 but must not exceed the cost of administering this paragraph.

(c) The applicant must present evidence satisfactory to the board of the completion of
two years one year of graduate, clinical medical training in a program located in the United
States, its territories, or Canada and accredited by a national accrediting organization
approved by the board 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. This requirement does not apply:

(1) to an applicant who is admitted as a permanent immigrant to the United States on or
before October 1, 1991, as a person of exceptional ability in the sciences according to Code
of Federal Regulations, title 20, section 656.22 (d); or

(2) to an applicant holding a valid license to practice medicine in another state or country
and issued a permanent immigrant visa after October 1, 1991, as a person of extraordinary
ability in the field of science or as an outstanding professor or researcher according to Code
of Federal Regulations, title 8, section 204.5(h) and (i), or a temporary nonimmigrant visa
or status as a person of extraordinary ability in the field of science according to Code of
Federal Regulations, title 8, section 214.2(o); or

(3) to an applicant who is licensed in another state, has practiced five years without
disciplinary action in the United States, its territories, or Canada, has completed one year
of the graduate, clinical medical training required by this paragraph, and has passed the
Special Purpose Examination of the Federation of State Medical Boards within three attempts
in the 24 months before licensing.

(d) The applicant must present evidence satisfactory to the board that the applicant has
been appointed to serve as a faculty member of a medical school accredited by the Liaison
Committee of Medical Education or an osteopathic medical school accredited by the
American Osteopathic Association.