Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                         CHAPTER 106-H.F.No. 36 
           An act relating to occupations and professions; 
          changing requirements for reciprocal licensing of 
          physicians from other states and foreign medical 
          school graduates; authorizing physicians to cancel 
          licenses in good standing; requiring the cancellation 
          of physicians' licenses for nonrenewal; changing 
          licensing requirements for midwifery; changing the 
          name of the board of medical examiners; amending 
          Minnesota Statutes 1990, sections 147.03; 147.037, 
          subdivision 1; and 148.31; proposing coding for new 
          law in Minnesota Statutes, chapter 147. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 147.03, is 
amended to read: 
    147.03 [LICENSURE BY ENDORSEMENT; RECIPROCITY.] 
    The board, with the consent of six of its members, may 
issue a license to practice medicine to any person who satisfies 
the following requirements:  
    (a) The applicant shall satisfy all the requirements 
established in section 147.02, subdivision 1, paragraphs (a), 
(b), (d), (e), and (f).  
    (b) The applicant shall present evidence satisfactory to 
the board that the applicant has a valid license to practice 
medicine issued by the proper agency in another state or by a 
province of Canada; or is a diplomate of: 
    (1) within ten years prior to application have passed an 
examination prepared and graded by the Federation of State 
Medical Boards, the National Board of Medical Examiners, the 
National Board of Osteopathic Examiners for osteopathic 
physicians and surgeons, or the licensure Medical Council of 
Canada.; or 
    (2) have a current license from the equivalent licensing 
agency in another state or Canada; and 
    (i) pass the Special Purpose Examination of the Federation 
of State Medical Boards with a score of 75 or better; or 
    (ii) have a current certification by a specialty board of 
the American Board of Medical Specialties. 
    (c) The applicant shall present evidence satisfactory to 
the board that the applicant passed an examination as determined 
by the endorsing examining board or licensing agency.  The 
board, at its discretion, may establish by rule passing grade 
levels higher than those determined by an examining board or 
agency or may require the applicant to be examined in subjects 
not previously covered in an examination. 
    (d) The applicant shall pay a fee established by the board 
by rule.  The fee may not be refunded.  
    (e) (d) The applicant must not have engaged in conduct 
warranting disciplinary action against a licensee, or have been 
subject to disciplinary action in another state.  If an 
applicant does not satisfy the requirements stated in this 
clause, the board may refuse to issue a license unless it 
determines that the public will be protected through issuance of 
a license with conditions or limitations the board considers 
appropriate.  
    The board may issue a temporary permit to practice medicine 
to a physician eligible for licensure under this section upon 
payment of a fee set by the board.  The permit remains valid 
only until the next meeting of the board.  
    Sec. 2.  Minnesota Statutes 1990, section 147.037, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENTS.] The board shall, with the 
consent of six of its members, issue a license to practice 
medicine to any person who satisfies the following requirements: 
    (a) The applicant shall satisfy all the requirements 
established in section 147.02, subdivision 1, paragraphs (a), 
(e), (f), and (g).  
    (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.  
    (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 or other graduate training 
approved in advance by the board as meeting standards similar to 
those of a national accrediting organization.  This requirement 
shall not apply to an applicant who is admitted as a permanent 
immigrant to the United States as a person of exceptional 
ability in the sciences pursuant to rules of the United States 
Department of Labor and who has completed one year of the 
graduate, clinical medical training required by this paragraph. 
    (e) The applicant must:  
    (1) within ten years prior to application have passed an 
examination prepared and graded by the Federation of State 
Medical Boards, or the licensure Medical Council of Canada,; 
or shall establish eligibility through reciprocity with another 
state using an examination equivalent to Minnesota's at the time 
the applicant was licensed in that state.  
    (2) have a current license from the equivalent licensing 
agency in another state or Canada; and 
    (i) pass the Special Purpose Examination of the Federation 
of State Medical Boards with a score of 75 or better; or 
    (ii) have a current certification by a specialty board of 
the American Board of Medical Specialties. 
    Sec. 3.  [147.038] [CANCELLATION OF LICENSE IN GOOD 
STANDING.] 
    Subdivision 1.  [BOARD APPROVAL; REPORTING.] A person 
holding an active license to practice medicine in the state may, 
upon approval of the board, be granted license cancellation if 
the board is not investigating the person as a result of a 
complaint or information received or if the board has not begun 
disciplinary proceedings against the person.  Such action by the 
board shall be reported as a cancellation of a license in good 
standing. 
    Subd. 2.  [FEES NONREFUNDABLE.] A person who receives board 
approval for license cancellation is not entitled to a refund of 
any license fees paid for the licensure year in which 
cancellation of the license occurred. 
    Subd. 3.  [NEW LICENSE AFTER CANCELLATION.] If a person who 
has been granted board approval for license cancellation desires 
to resume the practice of medicine in Minnesota, that person 
must obtain a new license by applying for licensure and 
fulfilling the requirements then in existence for obtaining an 
initial license to practice medicine in Minnesota. 
    Sec. 4.  [147.039] [CANCELLATION OF LICENSE FOR 
NONRENEWAL.] 
    The board of medical practice shall not renew, reissue, 
reinstate, or restore a license that has lapsed on or after 
January 1, 1989, and has not been renewed within two annual 
license renewal cycles starting July 1, 1991.  A licensee whose 
license is canceled for nonrenewal must obtain a new license by 
applying for licensure and fulfilling all requirements then in 
existence for an initial license to practice medicine in 
Minnesota. 
     Sec. 5.  Minnesota Statutes 1990, section 148.31, is 
amended to read: 
    148.31 [LICENSES.] 
    A person desiring to practice midwifery in this state, if 
not already authorized so to do, shall apply to the state board 
of medical examiners for a license.  This license shall be 
granted upon the production of a diploma from a school of 
midwifery recognized by the board, or, after examination of the 
applicant, upon the consent of seven members thereof.  
Examinations shall be held concurrently with those provided for 
applicants for physicians' licenses.  The fee for a license 
granted on diploma shall be $1, and on examination, $2 and 
compliance with other requirements that the board may reasonably 
impose for the protection of the public.  The board is 
authorized to adopt rules as may be necessary to carry out the 
purposes of sections 148.30 to 148.32.  The board may delegate 
to another unit of state government with that unit's consent, 
all or part of a study to determine the appropriate level of 
regulation of midwives and the content for any administrative 
rule deemed appropriate by the board. 
    Sec.  6.  [REVISOR'S INSTRUCTION.] 
    In the next editions of Minnesota Statutes and Minnesota 
Rules, the revisor of statutes is instructed to change the term 
"board of medical examiners" and similar terms to "board of 
medical practice." 
    Presented to the governor May 14, 1991 
    Signed by the governor May 17, 1991, 11:04 a.m.