Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 2352

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/15/2019 10:21am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11
2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23

A bill for an act
relating to health care; prohibiting maintenance of certification for physicians;
amending Minnesota Statutes 2018, section 147.02, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapters 62Q; 144.

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

Section 1.

new text begin [62Q.748] DISCRIMINATION BASED ON MAINTENANCE OF
CERTIFICATION.
new text end

new text begin A health plan company shall not require as a condition of payment or reimbursement
for a claim submitted by a physician or as a condition to participate in the health plan
company's provider network that a physician maintain certification by a nationally recognized
accrediting organization that specializes in a specific area of medicine and requires periodic
reexaminations to maintain certification after initial certification and one renewal requiring
examination.
new text end

Sec. 2.

new text begin [144.588] MAINTENANCE OF CERTIFICATION PROHIBITED.
new text end

new text begin (a) Except as permitted under paragraph (b), a health care facility, including a hospital,
outpatient surgical center, or health care clinic shall not differentiate between physicians
based on the physician maintaining certification by a nationally recognized accrediting
organization that specializes in a specific area of medicine and requires periodic
reexaminations to maintain certification as a requirement or condition of employment or
entering into a contract with the facility, or as a condition or requirement of surgical,
admitting, or other staff privileges at the health care facility.
new text end

new text begin (b) A health care facility may require a physician to be certified by a nationally recognized
accrediting organization that requires periodic reexaminations to maintain certification as
a condition of initial employment and may require the physician to renew the certification
one time to maintain employment if renewal requires a reexamination.
new text end

new text begin (c) This section does not apply if:
new text end

new text begin (1) the health care facility's designation, certification, or accreditation by a national
certifying or accrediting organization is contingent on the facility requiring a specific
maintenance of certification by physicians seeking staff privileges or credentialing at the
facility; and
new text end

new text begin (2) the differentiation is limited to those physicians whose maintenance of certification
is required for the facility's designation, certification, or accreditation.
new text end

Sec. 3.

Minnesota Statutes 2018, section 147.02, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Maintenance of certification. new text end

new text begin (a) Notwithstanding subdivision 1, paragraph
(i); section 147.03, subdivision 1, paragraph (c), clause (2); or section 147.037, subdivision
1, paragraph (e), clause (2), the board shall not require as a qualification for licensure or
for licensure renewal under this chapter certification by a nationally recognized accrediting
organization or maintenance of certification by a nationally recognized accrediting
organization that includes periodic reexamination to measure core competencies as a
requirement for maintaining certification.
new text end

new text begin (b) Nothing in paragraph (a) shall be construed to prohibit or limit the board from
requiring the completion of continuing medical education credits as a requirement for
licensure renewal.
new text end