Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 576-S.F.No. 2216 
           An act relating to occupations and professions; 
          specifying requirements for membership of the board of 
          medical examiners; containing procedural requirements 
          for disciplinary actions; applying reporting 
          requirements to other entities that provide 
          professional liability coverage to physicians; 
          amending Minnesota Statutes 1988, sections 147.01, 
          subdivisions 1, 3, and 4; 147.09; 147.111, subdivision 
          5; repealing Minnesota Statutes 1988, sections 
          147.171; 147.24; 147.25; 147.26; 147.27; 147.28; 
          147.29; 147.30; 147.31; 147.32; 147.33; and Laws 1988, 
          chapter 557, section 6. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1988, section 147.01, 
subdivision 1, is amended to read:  
    Subdivision 1.  [CREATION; TERMS.] The board of medical 
examiners consists of 11 16 residents of the state of Minnesota 
appointed by the governor.  Seven 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.  Three Five board members 
must be public members as defined by section 214.02.  One of the 
public members must represent a mental health and consumer 
advocacy organization The governor is encouraged to make 
appointments to the board which reflect the geography of the 
state and a broad mix of expertise of the members.  A member may 
serve more than one term be reappointed but shall not serve more 
than two terms eight years consecutively.  Membership terms, 
compensation of members, removal of members, 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 and Laws 1976, chapter 222, sections 2 to 7.  
    Sec. 2.  Minnesota Statutes 1988, section 147.01, 
subdivision 3, is amended to read:  
    Subd. 3.  [BOARD ADMINISTRATION.] The board shall elect 
from among its number a president, a vice-president, and a 
secretary-treasurer, who shall each serve for one year, or until 
a successor is elected and qualifies.  The board shall have 
authority to adopt rules as may be found necessary to carry out 
the purposes of this chapter.  The members of the board shall 
have authority to administer oaths and the board, in session, to 
take testimony as to matters pertaining to the duties of the 
board.  Six Nine members of the board shall constitute a quorum 
for the transaction of business.  The board shall have a common 
seal, which shall be kept by the executive secretary, whose duty 
it shall be to keep a record of all proceedings of the board, 
including a register of all applicants for license under this 
chapter, giving their names, addresses, ages, educational 
qualifications, and the result of their examination.  These 
books and registers shall be prima facie evidence of all the 
matters therein recorded.  
    Sec. 3.  Minnesota Statutes 1988, section 147.01, 
subdivision 4, is amended to read:  
    Subd. 4.  [DISCLOSURE.] Subject to the exceptions listed in 
this subdivision, all communications or information received by 
or disclosed to the board relating to any person or matter 
subject to its regulatory jurisdiction, and all records of any 
action or proceedings thereon, except a final decision of the 
board, are confidential and privileged and any disciplinary 
hearing shall be closed to the public.  
    (a) Upon application of a party in a proceeding before the 
board under section 147.091, the board shall produce and permit 
the inspection and copying, by or on behalf of the moving party, 
of any designated documents or papers relevant to the 
proceedings, in accordance with the provisions of rule 34, 
Minnesota rules of civil procedure.  
    (b) If the board imposes disciplinary measures of any kind, 
whether by contested case or by settlement agreement, the name 
and business address of the licensee, the nature of the 
misconduct, and the action taken by the board are public 
data.  If disciplinary action is taken by settlement agreement, 
the entire agreement is public data.  
    (c) The board shall exchange information with other 
licensing boards, agencies, or departments within the state, as 
required under section 214.10, subdivision 8, paragraph (d), and 
may release information in the reports required under sections 
147.02, subdivision 6, and 214.10, subdivision 8, paragraph (b). 
    (d) The board shall furnish to a person who made a 
complaint a summary of the results of an investigation of that 
complaint, a description of the activities and actions of the 
board relating to that complaint, and the reasons for actions 
taken by the board.  
    Sec. 4.  Minnesota Statutes 1988, section 147.09, is 
amended to read: 
    147.09 [EXEMPTIONS.] 
    Section 147.081 does not apply to, control, prevent or 
restrict the practice, service, or activities of:  
    (1) A person who is a commissioned medical officer of, a 
member of, or employed by, the armed forces of the United 
States, the United States Public Health Service, the Veterans 
Administration, any federal institution or any federal agency 
while engaged in the performance of official duties within this 
state, if the person is licensed elsewhere.  
    (2) A licensed physician from a state or country who is in 
actual consultation here.  
    (3) A licensed or registered physician who treats the 
physician's home state patients or other participating patients 
while the physicians and those patients are participating 
together in outdoor recreation in this state as defined by 
section 86A.03, subdivision 3.  A physician shall first register 
with the board on a form developed by the board for that 
purpose.  The board shall not be required to promulgate the 
contents of that form by rule.  No fee shall be charged for this 
registration.  
    (4) A student practicing under the direct supervision of a 
preceptor while the student is enrolled in and regularly 
attending a recognized medical school.  
    (5) A student who is in continuing training and performing 
the duties of an intern or resident or engaged in postgraduate 
work considered by the board to be the equivalent of an 
internship or residency in any hospital or institution approved 
for training by the board. 
     (6) A person employed in a scientific, sanitary or teaching 
capacity by the state university, the state department of 
education, or by any public or private school, college, or other 
bona fide educational institution, or the state department of 
health, whose duties are entirely of a public health or 
educational character, while engaged in such duties. 
     (7) Physician's assistants registered in this state.  
     (8) A doctor of osteopathy duly licensed by the state board 
of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
148.16, prior to May 1, 1963, who has not been granted a license 
to practice medicine in accordance with this chapter provided 
that the doctor confines activities within the scope of the 
license. 
     (9) Any person licensed by a health related licensing 
board, as defined in section 214.01, subdivision 2, or 
registered by the commissioner of health pursuant to section 
214.13, including licensed psychologists with respect to the use 
of hypnosis; provided that the person confines activities within 
the scope of the license.  
     (10) A Christian Scientist or other person who endeavors to 
prevent or cure disease or suffering exclusively by mental or 
spiritual means or by prayer, or who practices ritual 
circumcision pursuant to the requirements or tenets of any 
established religion. 
    (11) A physician licensed to practice medicine in another 
state who is in this state for the sole purpose of providing 
medical services at a competitive athletic event.  The physician 
may practice medicine only on participants in the athletic 
event.  A physician shall first register with the board on a 
form developed by the board for that purpose.  The board shall 
not be required to adopt the contents of the form by rule.  The 
physician shall provide evidence satisfactory to the board of a 
current unrestricted license in another state.  The board shall 
charge a fee of $50 for the registration.  
    Sec. 5.  Minnesota Statutes 1988, section 147.111, 
subdivision 5, is amended to read:  
    Subd. 5.  [INSURERS.] Four times each year as prescribed by 
the board, each insurer authorized to sell insurance described 
in section 60A.06, subdivision 1, clause (13), and providing 
professional liability insurance to physicians, and any medical 
clinic, hospital, political subdivision or other entity that 
self-insures and provides professional liability coverage to 
physicians, shall submit to the board a report concerning the 
physicians against whom medical malpractice settlements or 
awards have been made to the plaintiff.  The report must contain 
at least the following information:  
    (1) the total number of medical malpractice settlements or 
awards made to the plaintiff; 
    (2) the date the medical malpractice settlements or awards 
to the plaintiff were made; 
    (3) the allegations contained in the claim or complaint 
leading to the settlements or awards made to the plaintiff; 
    (4) the dollar amount of each medical malpractice 
settlement or award; 
    (5) the regular address of the practice of the physician 
against whom an award was made or with whom a settlement was 
made; and 
    (6) the name of the physician against whom an award was 
made or with whom a settlement was made.  
    The insurance company shall, in addition to the above 
information, report to the board any information it possesses 
which tends to substantiate a charge that a physician may have 
engaged in conduct violating sections 147.01 to 147.33.  
    Sec. 6.  [REPEALER.] 
    Subdivision 1.  Minnesota Statutes 1988, sections 147.171, 
147.24, 147.25, 147.26, 147.27, 147.28, 147.29, 147.30, 147.31, 
147.32, and 147.33 are repealed.  
    Subd. 2.  Laws 1988, chapter 557, section 6, is repealed.  
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 4 and 6, subdivision 2, are effective the day 
after final enactment. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 5:35 p.m.