Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 18-H.F.No. 231
An act relating to occupations and professions; board
of medical practice; changing licensing requirements
for foreign applicants; changing certain disciplinary
procedures; amending Minnesota Statutes 1994, sections
147.037, subdivision 1; 147.091, subdivisions 1, 2, 6,
and by adding subdivisions; 147.121, subdivision 2;
148.70; 148.72, subdivision 1; and 364.09; proposing
coding for new law in Minnesota Statutes, chapter 147.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [147.011] [DEFINITION.]
For the purpose of this chapter, "regulated person" or
"person regulated by the board" means a person licensed,
registered, or regulated in any other manner by the board of
medical practice.
Sec. 2. Minnesota Statutes 1994, 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.
(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
does not apply:
(1) to an applicant who is admitted as a permanent
immigrant to the United States as a person of exceptional
ability in the sciences,;
(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
or as an outstanding professor or researcher provided that a
person under clause (1) or (2) is admitted pursuant to rules of
the United States Department of Labor and has completed one year
of the graduate, clinical medical training required by this
paragraph,; or meeting standards similar to those of a national
accrediting organization; 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) within ten years prior to application have passed an
examination prepared and graded by the Federation of State
Medical Boards, the United States Medical Licensing Examination
program, or the 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 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, or of
the Royal College of Physicians and Surgeons of Canada, or of
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.
Sec. 3. [147.0381] [CANCELLATION OF CREDENTIALS UNDER
DISCIPLINARY ORDER.]
Subdivision 1. [BOARD APPROVAL; REPORTING.] A person
regulated by the board, whose right to practice is under
suspension, condition, limitation, qualification, or restriction
by the board may be granted cancellation of credentials by
approval of the board. Such action by the board shall be
reported as cancellation while under discipline.
Credentials, for purposes of this section, means board
authorized documentation of the privilege to practice a
board-regulated profession.
Subd. 2. [FEES NONREFUNDABLE.] A person regulated by the
board who receives board approval for credential cancellation is
not entitled to a refund of any fees paid for the credentialing
year in which cancellation of the credential occurred.
Subd. 3. [NEW CREDENTIAL AFTER CANCELLATION.] If a person
regulated by the board, who has been granted board approval for
credential cancellation, desires to resume the practice of the
regulated profession in Minnesota, that person must obtain a new
credential by applying to the board and fulfilling the
requirements then in existence for obtaining an initial
credential to practice the regulated profession in Minnesota.
Sec. 4. Minnesota Statutes 1994, section 147.091,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS LISTED.] The board may refuse to
grant a license or may impose disciplinary action as described
in section 147.141 against any physician. The following conduct
is prohibited and is grounds for disciplinary action:
(a) Failure to demonstrate the qualifications or satisfy
the requirements for a license contained in this chapter or
rules of the board. The burden of proof shall be upon the
applicant to demonstrate such qualifications or satisfaction of
such requirements.
(b) Obtaining a license by fraud or cheating, or attempting
to subvert the licensing examination process. Conduct which
subverts or attempts to subvert the licensing examination
process includes, but is not limited to: (1) conduct which
violates the security of the examination materials, such as
removing examination materials from the examination room or
having unauthorized possession of any portion of a future,
current, or previously administered licensing examination; (2)
conduct which violates the standard of test administration, such
as communicating with another examinee during administration of
the examination, copying another examinee's answers, permitting
another examinee to copy one's answers, or possessing
unauthorized materials; or (3) impersonating an examinee or
permitting an impersonator to take the examination on one's own
behalf.
(c) Conviction, during the previous five years, of a felony
reasonably related to the practice of medicine or osteopathy.
Conviction as used in this subdivision shall include a
conviction of an offense which if committed in this state would
be deemed a felony without regard to its designation elsewhere,
or a criminal proceeding where a finding or verdict of guilt is
made or returned but the adjudication of guilt is either
withheld or not entered thereon.
(d) Revocation, suspension, restriction, limitation, or
other disciplinary action against the person's medical license
in another state or jurisdiction, failure to report to the board
that charges regarding the person's license have been brought in
another state or jurisdiction, or having been refused a license
by any other state or jurisdiction.
(e) Advertising which is false or misleading, which
violates any rule of the board, or which claims without
substantiation the positive cure of any disease, or professional
superiority to or greater skill than that possessed by another
physician.
(f) Violating a rule promulgated by the board or an order
of the board, a state, or federal law which relates to the
practice of medicine, or in part regulates the practice of
medicine including without limitation sections 148A.02, 609.344,
and 609.345, or a state or federal narcotics or controlled
substance law.
(g) Engaging in any unethical conduct; conduct likely to
deceive, defraud, or harm the public, or demonstrating a willful
or careless disregard for the health, welfare or safety of a
patient; or medical practice which is professionally
incompetent, in that it may create unnecessary danger to any
patient's life, health, or safety, in any of which cases, proof
of actual injury need not be established.
(h) Failure to supervise a physician's assistant or failure
to supervise a physician under any agreement with the board.
(i) Aiding or abetting an unlicensed person in the practice
of medicine, except that it is not a violation of this paragraph
for a physician to employ, supervise, or delegate functions to a
qualified person who may or may not be required to obtain a
license or registration to provide health services if that
person is practicing within the scope of that person's license
or registration or delegated authority.
(j) Adjudication as mentally incompetent, mentally ill or
mentally retarded, or as a chemically dependent person, a person
dangerous to the public, a sexually dangerous person, or a
person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state. Such
adjudication shall automatically suspend a license for the
duration thereof unless the board orders otherwise.
(k) Engaging in unprofessional conduct. Unprofessional
conduct shall include any departure from or the failure to
conform to the minimal standards of acceptable and prevailing
medical practice in which proceeding actual injury to a patient
need not be established.
(l) Inability to practice medicine with reasonable skill
and safety to patients by reason of illness, drunkenness, use of
drugs, narcotics, chemicals or any other type of material or as
a result of any mental or physical condition, including
deterioration through the aging process or loss of motor skills.
(m) Revealing a privileged communication from or relating
to a patient except when otherwise required or permitted by law.
(n) Failure by a doctor of osteopathy to identify the
school of healing in the professional use of the doctor's name
by one of the following terms: osteopathic physician and
surgeon, doctor of osteopathy, or D.O.
(o) Improper management of medical records, including
failure to maintain adequate medical records, to comply with a
patient's request made pursuant to section 144.335 or to furnish
a medical record or report required by law.
(p) Fee splitting, including without limitation:
(1) paying, offering to pay, receiving, or agreeing to
receive, a commission, rebate, or remuneration, directly or
indirectly, primarily for the referral of patients or the
prescription of drugs or devices;
(2) dividing fees with another physician or a professional
corporation, unless the division is in proportion to the
services provided and the responsibility assumed by each
professional and the physician has disclosed the terms of the
division;
(3) referring a patient to any health care provider as
defined in section 144.335 in which the referring physician has
a significant financial interest unless the physician has
disclosed the physician's own financial interest; and
(4) dispensing for profit any drug or device, unless the
physician has disclosed the physician's own profit interest.
The physician must make the disclosures required in this clause
in advance and in writing to the patient and must include in the
disclosure a statement that the patient is free to choose a
different health care provider. This clause does not apply to
the distribution of revenues from a partnership, group practice,
nonprofit corporation, or professional corporation to its
partners, shareholders, members, or employees if the revenues
consist only of fees for services performed by the physician or
under a physician's direct supervision, or to the division or
distribution of prepaid or capitated health care premiums, or
fee-for-service withhold amounts paid under contracts
established under other state law.
(q) Engaging in abusive or fraudulent billing practices,
including violations of the federal Medicare and Medicaid laws
or state medical assistance laws.
(r) Becoming addicted or habituated to a drug or intoxicant.
(s) Prescribing a drug or device for other than medically
accepted therapeutic or experimental or investigative purposes
authorized by a state or federal agency or referring a patient
to any health care provider as defined in section 144.335 for
services or tests not medically indicated at the time of
referral.
(t) Engaging in conduct with a patient which is sexual or
may reasonably be interpreted by the patient as sexual, or in
any verbal behavior which is seductive or sexually demeaning to
a patient.
(u) Failure to make reports as required by section 147.111
or to cooperate with an investigation of the board as required
by section 147.131.
(v) Knowingly providing false or misleading information
that is directly related to the care of that patient unless done
for an accepted therapeutic purpose such as the administration
of a placebo.
(w) Aiding suicide or aiding attempted suicide in violation
of section 609.215 as established by any of the following:
(1) a copy of the record of criminal conviction or plea of
guilty for a felony in violation of section 609.215, subdivision
1 or 2;
(2) a copy of the record of a judgment of contempt of court
for violating an injunction issued under section 609.215,
subdivision 4;
(3) a copy of the record of a judgment assessing damages
under section 609.215, subdivision 5; or
(4) a finding by the board that the person violated section
609.215, subdivision 1 or 2. The board shall investigate any
complaint of a violation of section 609.215, subdivision 1 or 2.
(x) Practice of a board regulated profession under lapsed
or nonrenewed credentials.
(y) Failure to repay a state or federally secured student
loan in accordance with the provisions of the loan.
Sec. 5. Minnesota Statutes 1994, section 147.091, is
amended by adding a subdivision to read:
Subd. 1a. [CONVICTION OF A FELONY-LEVEL CRIMINAL SEXUAL
CONDUCT OFFENSE.] (a) The board may not grant a license to
practice medicine to any person who has been convicted of a
felony-level criminal sexual conduct offense.
(b) A license to practice medicine is automatically revoked
if the licensee is convicted of a felony-level criminal sexual
conduct offense.
(c) A license that has been denied or revoked pursuant to
this subdivision is not subject to chapter 364.
(d) For purposes of this subdivision, "conviction" means a
plea of guilty, a verdict of guilty by a jury, or a finding of
guilty by the court, and "criminal sexual conduct offense" means
a violation of sections 609.342 to 609.345 or a similar statute
in another jurisdiction.
Sec. 6. Minnesota Statutes 1994, section 147.091,
subdivision 2, is amended to read:
Subd. 2. [EFFECTIVE DATES AUTOMATIC SUSPENSION.] A
suspension, revocation, condition, limitation, qualification or
restriction of a license shall be in effect pending
determination of an appeal unless the court, upon petition and
for good cause shown, shall otherwise order.
(a) A license to practice medicine is automatically
suspended if (1) a guardian of the person of a licensee is
appointed by order of a court pursuant to sections 525.54 to
525.61, for reasons other than the minority of the licensee; or
(2) the licensee is committed by order of a court pursuant to
chapter 253B. The license remains suspended until the licensee
is restored to capacity by a court and, upon petition by the
licensee, the suspension is terminated by the board after a
hearing.
(b) Upon notice to the board of a judgment of, or a plea of
guilty to, a felony reasonably related to the practice of
patient care, the credentials of the regulated person shall be
automatically suspended by the board. The credentials shall
remain suspended until, upon petition by the regulated person
and after a hearing, the suspension is terminated by the board.
The board shall indefinitely suspend or revoke the
credentials of the regulated person, if after a hearing, the
board finds that the felonious conduct would cause a serious
risk of harm to the public.
For credentials that have been suspended or revoked
pursuant to this subdivision, the regulated person may be
reinstated to practice, either with or without restrictions, by
demonstrating clear and convincing evidence of rehabilitation,
as provided in section 364.03. If the regulated person's
conviction is subsequently overturned by court decision, the
board shall conduct a hearing to review the suspension within 30
days after receipt of the court decision. The regulated person
is not required to prove rehabilitation if the subsequent court
decision overturns previous court findings of public risk.
Sec. 7. Minnesota Statutes 1994, section 147.091, is
amended by adding a subdivision to read:
Subd. 2a. [EFFECTIVE DATES.] A suspension, revocation,
condition, limitation, qualification or restriction of a license
or registration shall be in effect pending determination of an
appeal unless the court, upon petition and for good cause shown,
shall otherwise order. A revocation of a license pursuant to
subdivision 1a is not appealable and shall remain in effect
indefinitely.
Sec. 8. Minnesota Statutes 1994, section 147.091,
subdivision 6, is amended to read:
Subd. 6. [MENTAL EXAMINATION; ACCESS TO MEDICAL DATA.] (a)
If the board has probable cause to believe that a physician
regulated person comes under subdivision 1, paragraph (1), it
may direct the physician person to submit to a mental or
physical examination. For the purpose of this subdivision every
physician licensed under this chapter regulated person is deemed
to have consented to submit to a mental or physical examination
when directed in writing by the board and further to have waived
all objections to the admissibility of the examining physicians'
testimony or examination reports on the ground that the same
constitute a privileged communication. Failure of a physician
regulated person to submit to an examination when directed
constitutes an admission of the allegations against the
physician person, unless the failure was due to circumstance
beyond the physician's person's control, in which case a default
and final order may be entered without the taking of testimony
or presentation of evidence. A physician regulated person
affected under this paragraph shall at reasonable intervals be
given an opportunity to demonstrate that the physician person
can resume the competent practice of medicine the regulated
profession with reasonable skill and safety to patients the
public.
In any proceeding under this paragraph, neither the record
of proceedings nor the orders entered by the board shall be used
against a physician regulated person in any other proceeding.
(b) In addition to ordering a physical or mental
examination, the board may, notwithstanding section 13.42,
144.651, or any other law limiting access to medical or other
health data, obtain medical data and health records relating to
a licensee regulated person or applicant without the licensee's
person's or applicant's consent if the board has probable cause
to believe that a physician regulated person comes under
subdivision 1, paragraph (1). The medical data may be requested
from a provider, as defined in section 144.335, subdivision 1,
paragraph (b), an insurance company, or a government agency,
including the department of human services. A provider,
insurance company, or government agency shall comply with any
written request of the board under this subdivision and is not
liable in any action for damages for releasing the data
requested by the board if the data are released pursuant to a
written request under this subdivision, unless the information
is false and the provider giving the information knew, or had
reason to believe, the information was false. Information
obtained under this subdivision is classified as private under
sections 13.01 to 13.87.
Sec. 9. Minnesota Statutes 1994, section 147.121,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION; INDEMNIFICATION.] (a) Members of
the board, persons employed by the board, and consultants
retained by the board for the purpose of investigation of
violations or, the preparation and management of charges of
violations of sections 147.01 to 147.22 and management of board
orders on behalf of the board are immune from civil liability
and criminal prosecution for any actions, transactions, or
publications in the execution of, or relating to, their duties
under sections 147.01 to 147.22.
(b) For purposes of this section, a member of the board or
a consultant described in paragraph (a) is considered a state
employee under section 3.736, subdivision 9.
Sec. 10. Minnesota Statutes 1994, section 148.70, is
amended to read:
148.70 [APPLICANTS, QUALIFICATIONS.]
It shall be the duty of the board of medical practice with
the advice and assistance of the physical therapy council to
pass upon the qualifications of applicants for registration,
continuing education requirements for reregistration, provide
for and conduct all examinations following satisfactory
completion of all didactic requirements, determine the
applicants who successfully pass the examination, and duly
register such applicants after the applicant has presented
evidence satisfactory to the board that the applicant has
completed a program of education or continuing education
approved by the board.
The passing score for examinations taken after July 1,
1995, shall be based on objective, numerical standards, as
established by a nationally recognized board approved testing
service.
Sec. 11. Minnesota Statutes 1994, section 148.72,
subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE OF REGISTRATION WITHOUT
EXAMINATION.] On payment to the board of a fee in the amount set
by the board and on submission of a written application on forms
provided by the board, the board shall issue registration
without examination to a person who is licensed or otherwise
registered as a physical therapist by another state of the
United States of America, its possessions, or the District of
Columbia, if the requirements for licensure or registration in
the state, possession, or District were at the date of license
or registration by the state substantially are equal to, or
greater than, the requirements set forth in sections 148.65 to
148.78.
Sec. 12. Minnesota Statutes 1994, section 364.09, is
amended to read:
364.09 [EXCEPTIONS.]
(a) This chapter does not apply to the licensing process
for peace officers; to law enforcement agencies as defined in
section 626.84, subdivision 1, paragraph (h); to fire protection
agencies; to eligibility for a private detective or protective
agent license; to eligibility for a family day care license, a
family foster care license, or a home care provider license; to
eligibility for school bus driver endorsements; or to
eligibility for special transportation service endorsements.
This chapter also shall not apply to eligibility for a license
issued or renewed by the board of teaching or state board of
education or to eligibility for juvenile corrections employment,
where the offense involved child physical or sexual abuse or
criminal sexual conduct.
(b) This chapter does not apply to a school district.
(c) Nothing in this section precludes the Minnesota police
and peace officers training board or the state fire marshal from
recommending policies set forth in this chapter to the attorney
general for adoption in the attorney general's discretion to
apply to law enforcement or fire protection agencies.
(d) This chapter does not apply to a license to practice
medicine that has been denied or revoked by the board of medical
practice pursuant to section 147.091, subdivision 1a.
Sec. 13. [EFFECTIVE DATE.]
Section 5 is effective for a conviction entered on or after
the day following final enactment. This does not prevent the
board from refusing to grant a license to a person or revoking
the license of a licensee who has been convicted of a
felony-level criminal sexual conduct offense prior to the
effective date of this section.
Presented to the governor March 24, 1995
Signed by the governor March 27, 1995, 2:23 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes