Minnesota Legislature
SF 3071
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 07/27/2022 01:34pm
Current Version - 1st Engrossment
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10.1
A bill for an act
relating to occupational licensing; requiring the Board of Medical Practice to issue
temporary permits to physicians, physician assistants, and respiratory therapists
if certain requirements are met; extending the time a temporary permit issued by
the Board of Nursing is valid; amending Minnesota Statutes 2020, sections 147.01,
subdivision 7; 147.03, subdivisions 1, 2; 147.037; 147A.28; 147C.15, subdivision
3; 147C.40, subdivision 5; 148.212, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 147A; repealing Minnesota Statutes 2020, section
147.02, subdivision 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 147.01, subdivision 7, is amended to read:
Subd. 7.
Physician application and license fees.
(a) The board may charge the following
nonrefundable application and license fees processed pursuant to sections 147.02, 147.03,
147.037, 147.0375, and 147.38:
(1) physician application fee, $200;
(2) physician annual registration renewal fee, $192;
(3) physician endorsement to other states, $40;
(4) physician emeritus license, $50;
deleted text begin
(5) physician temporary license, $60;
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end physician late fee, $60;
deleted text begin (7)deleted text end new text begin (6)new text end duplicate license fee, $20;
deleted text begin (8)deleted text end new text begin (7)new text end certification letter fee, $25;
deleted text begin (9)deleted text end new text begin (8)new text end education or training program approval fee, $100;
deleted text begin (10)deleted text end new text begin (9)new text end report creation and generation fee, $60 per hour;
deleted text begin (11)deleted text end new text begin (10)new text end examination administration fee (half day), $50;
deleted text begin (12)deleted text end new text begin (11)new text end examination administration fee (full day), $80;
deleted text begin (13)deleted text end new text begin (12)new text end fees developed by the Interstate Commission for determining physician
qualification to register and participate in the interstate medical licensure compact, as
established in rules authorized in and pursuant to section 147.38, not to exceed $1,000; and
deleted text begin (14)deleted text end new text begin (13)new text end verification fee, $25.
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fee must be deposited
in an account in the state government special revenue fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2020, section 147.03, subdivision 1, is amended to read:
Subdivision 1.
Endorsement; reciprocity.
(a) The board may issue a license to practice
medicine to any person who satisfies the requirements in paragraphs (b) to (e).
(b) The applicant shall satisfy all the requirements established in section 147.02,
subdivision 1, paragraphs (a), (b), (d), (e), and (f)new text begin , or section 147.037, subdivision 1,
paragraphs (a) to (e)new text end .
(c) The applicant shall:
(1) have passed an examination prepared and graded by the Federation of State Medical
Boards, the National Board of Medical Examiners, or the United States Medical Licensing
Examination (USMLE) program in accordance with section 147.02, subdivision 1, paragraph
(c), clause (2); the National Board of Osteopathic Medical Examiners; or the Medical Council
of Canada; and
(2) have a current license from the equivalent licensing agency in another state or Canada
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, 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 Bureau of Professional Education, the
Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians
of Canada.
(d) 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.
(e) 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
(d). 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.
(f) Upon the request of an applicant, the board may conduct the final interview of the
applicant by teleconference.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2020, section 147.03, subdivision 2, is amended to read:
Subd. 2.
Temporary permit.
new text begin (a) An applicant for licensure under this section may
request the board to issue a temporary permit in accordance with this subdivision. Upon
receipt of the application for licensure, a request for a temporary permit, and a nonrefundable
physician application fee specified under section 147.01, subdivision 7, new text end the board may issue
a temporary permit to practice medicine deleted text begin todeleted text end new text begin asnew text end a physician deleted text begin eligible for licensure under this
section only if the application for licensure is complete, all requirements in subdivision 1
have been met, and a nonrefundable fee set by the board has been paiddeleted text end new text begin if the applicant is:
new text end
new text begin
(1) currently licensed in good standing to practice medicine as a physician in another
state, territory, or Canadian province; and
new text end
new text begin (2) not the subject of a pending investigation or disciplinary action in any state, territory,
or Canadian provincenew text end .
deleted text begin The permit remainsdeleted text end new text begin (b) A temporary permit issued under this subdivision is nonrenewable
and shall benew text end valid deleted text begin onlydeleted text end until deleted text begin the meeting of the board at whichdeleted text end a decision is made on the
physician's application for licensurenew text begin or for 90 days, whichever occurs firstnew text end .
new text begin
(c) The board may revoke a temporary permit that has been issued under this subdivision
if the physician is the subject of an investigation or disciplinary action, or is disqualified
for licensure for any other reason.
new text end
new text begin
(d) Notwithstanding section 13.41, subdivision 2, the board may release information
regarding action taken by the board pursuant to this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2020, section 147.037, is amended to read:
147.037 LICENSING OF FOREIGN MEDICAL SCHOOL GRADUATESdeleted text begin ;
TEMPORARY PERMITdeleted text end .
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
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. 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.
(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) 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.
deleted text begin Subd. 1a. deleted text end
deleted text begin Temporary permit. deleted text end
deleted text begin
The board may issue a temporary permit to practice
medicine to a physician eligible for licensure under this section only if the application for
licensure is complete, all requirements in subdivision 1 have been met, and a nonrefundable
fee set by the board has been paid. The permit remains valid only until the meeting of the
board at which a decision is made on the physician's application for licensure.
deleted text end
Subd. 2.
Medical school review.
The board may contract with any qualified person or
organization for the performance of a review or investigation, including site visits if
necessary, of any medical or osteopathic school prior to approving the school under section
147.02, subdivision 1, paragraph (b), or subdivision 1, paragraph (b), of this section. To the
extent possible, the board shall require the school being reviewed to pay the costs of the
review or investigation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
new text begin
[147A.025] TEMPORARY PERMIT.
new text end
new text begin
(a) An applicant for licensure under section 147A.02, may request the board to issue a
temporary permit in accordance with this section. Upon receipt of the application for
licensure, a request for a temporary permit, and a nonrefundable physician assistant
application fee as specified under section 147A.28, the board may issue a temporary permit
to practice as a physician assistant if the applicant is:
new text end
new text begin
(1) currently licensed in good standing to practice as a physician assistant in another
state, territory, or Canadian province; and
new text end
new text begin
(2) not subject to a pending investigation or disciplinary action in any state, territory, or
Canadian province.
new text end
new text begin
(b) A temporary permit issued under this section is nonrenewable and shall be valid until
a decision is made on the physician assistant's application for licensure or for 90 days,
whichever occurs first.
new text end
new text begin
(c) The board may revoke the temporary permit that has been issued under this section
if the applicant is the subject of an investigation or disciplinary action or is disqualified for
licensure for any other reason.
new text end
new text begin
(d) Notwithstanding section 13.41, subdivision 2, the board may release information
regarding any action taken by the board pursuant to this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2020, section 147A.28, is amended to read:
147A.28 PHYSICIAN ASSISTANT APPLICATION AND LICENSE FEES.
(a) The board may charge the following nonrefundable fees:
(1) physician assistant application fee, $120;
deleted text begin
(2) physician assistant annual registration renewal fee (prescribing authority), $135;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end physician assistant annual deleted text begin registrationdeleted text end new text begin licensenew text end renewal fee deleted text begin (no prescribing
authority)deleted text end , $115;
deleted text begin
(4) physician assistant temporary registration, $115;
deleted text end
deleted text begin
(5) physician assistant temporary permit, $60;
deleted text end
deleted text begin (6)deleted text end new text begin (3)new text end physician assistant locum tenens permit, $25;
deleted text begin (7)deleted text end new text begin (4)new text end physician assistant late fee, $50;
deleted text begin (8)deleted text end new text begin (5)new text end duplicate license fee, $20;
deleted text begin (9)deleted text end new text begin (6)new text end certification letter fee, $25;
deleted text begin (10)deleted text end new text begin (7)new text end education or training program approval fee, $100;
deleted text begin (11)deleted text end new text begin (8)new text end report creation and generation fee, $60 per hour; and
deleted text begin (12)deleted text end new text begin (9)new text end verification fee, $25.
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2020, section 147C.15, subdivision 3, is amended to read:
Subd. 3.
Temporary permit.
new text begin (a) An applicant for licensure under this section may
request the board to issue a temporary permit in accordance with this subdivision. Upon
receipt of the application for licensure, a request for a temporary permit, and a nonrefundable
respiratory therapist application fee as specified under section 147C.40, subdivision 5, new text end the
board may issue a temporary permit to practice as a respiratory therapist deleted text begin to an applicant
eligible for licensure under this sectiondeleted text end if the deleted text begin application for licensure is complete, all
applicable requirements in this section have been met, and a nonrefundable fee set by the
board has been paiddeleted text end new text begin applicant is:
new text end
new text begin
(1) currently licensed to practice as a respiratory therapist in another state, territory, or
Canadian province; and
new text end
new text begin (2) not subject to a pending investigation or disciplinary action in any state, territory, or
Canadian provincenew text end .
deleted text begin Thedeleted text end new text begin (b) A temporarynew text end permit deleted text begin remainsdeleted text end new text begin issued under this subdivision is nonrenewable and
shall remainnew text end valid deleted text begin onlydeleted text end until deleted text begin the meeting of the board at whichdeleted text end a decision is made on the
respiratory therapist's application for licensurenew text begin or for 90 days, whichever occurs firstnew text end .
new text begin
(c) The board may revoke a temporary permit that has been issued under this subdivision
if the applicant is the subject of an investigation or disciplinary action or is disqualified for
licensure for any other reason.
new text end
new text begin
(d) Notwithstanding section 13.41, subdivision 2, the board may release information
regarding any action taken by a board pursuant to this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2020, section 147C.40, subdivision 5, is amended to read:
Subd. 5.
Respiratory therapist application and license fees.
(a) The board may charge
the following nonrefundable fees:
(1) respiratory therapist application fee, $100;
(2) respiratory therapist annual registration renewal fee, $90;
(3) respiratory therapist inactive status fee, $50;
(4) respiratory therapist temporary registration fee, $90;
deleted text begin
(5) respiratory therapist temporary permit, $60;
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end respiratory therapist late fee, $50;
deleted text begin (7)deleted text end new text begin (6)new text end duplicate license fee, $20;
deleted text begin (8)deleted text end new text begin (7)new text end certification letter fee, $25;
deleted text begin (9)deleted text end new text begin (8)new text end education or training program approval fee, $100;
deleted text begin (10)deleted text end new text begin (9)new text end report creation and generation fee, $60 per hour; and
deleted text begin (11)deleted text end new text begin (10)new text end verification fee, $25.
(b) The board may prorate the initial annual license fee. All licensees are required to
pay the full fee upon license renewal. The revenue generated from the fees must be deposited
in an account in the state government special revenue fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2020, section 148.212, subdivision 1, is amended to read:
Subdivision 1.
Issuance.
Upon receipt of the applicable licensure or reregistration fee
and permit fee, and in accordance with rules of the board, the board may issue a nonrenewable
temporary permit to practice professional or practical nursing to an applicant for licensure
or reregistration who is not the subject of a pending investigation or disciplinary action, nor
disqualified for any other reason, under the following circumstances:
(a) The applicant for licensure by endorsement under section 148.211, subdivision 2, is
currently licensed to practice professional or practical nursing in another state, territory, or
Canadian province. The permit is valid until the date of board action on the application or
for deleted text begin 60deleted text end new text begin 90new text end days, whichever comes first.
(b) The applicant for licensure by endorsement under section 148.211, subdivision 2,
or for reregistration under section 148.231, subdivision 5, is currently registered in a formal,
structured refresher course or its equivalent for nurses that includes clinical practice.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 147.02, subdivision 2a,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
APPENDIX
Repealed Minnesota Statutes: S3071-1
147.02 EXAMINATION; LICENSING.
Subd. 2a.
Temporary permit.
The board may issue a temporary permit to practice medicine to a physician eligible for licensure under this section only if the application for licensure is complete, all requirements in subdivision 1 have been met, and a nonrefundable fee set by the board has been paid. The permit remains valid only until the meeting of the board at which a decision is made on the physician's application for licensure.