SF 3313

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to occupations and professions; improving physician licensure
standards based on reciprocity; amending Minnesota Statutes 2006, section
147.03, subdivision 1; Minnesota Statutes 2007 Supplement, section 147.037,
subdivision 1.

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

Section 1.

Minnesota Statutes 2006, 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 (f).

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

(c) The applicant deleted text begin shall deleted text end new text begin must new text end :

(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 new text begin (USMLE) new text end program in accordance with section 147.02, subdivision
1, paragraph (c), clause (2); the National Board of Osteopathic 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 Bureau of Professional
Education, the Royal College of Physicians and Surgeons of Canada, or of the College of
Family Physicians of Canada new text begin ; or
new text end

new text begin (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 must:
new text end

new text begin (i) have 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;
new text end

new text begin (ii) have a current license in another state; and
new text end

new text begin (iii) have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of Professional
Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
of Family Physicians of Canada new text end .

(d) The applicant shall pay a fee established by the board by rule. The fee may
not be refunded.

(e) 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.

(f) 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 (e). 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.

(g) 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. 2.

Minnesota Statutes 2007 Supplement, 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 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. 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);

(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 new text begin (USMLE) new text end 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 Bureau of Professional
Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
of Family Physicians of Canada new text begin ; or
new text end

new text begin (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 must:
new text end

new text begin (i) have 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;
new text end

new text begin (ii) have a current license in another state; and
new text end

new text begin (iii) have a current certification by a specialty board of the American Board of
Medical Specialties, of the American Osteopathic Association Bureau of Professional
Education, of the Royal College of Physicians and Surgeons of Canada, or of the College
of Family Physicians of Canada new text end .

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end