Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 33-H.F.No. 413
An act relating to professions; modifying certain
licensing and registration requirements for
physicians, acupuncturists, and athletic trainers;
amending Minnesota Statutes 1998, sections 147.02,
subdivision 1; 147.03, subdivision 1; 147.037,
subdivision 1; 147B.02, subdivisions 4 and 9; 147B.05,
subdivision 2; 148.7808, subdivisions 4 and 5; and
148.7815, subdivisions 1 and 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 147.02,
subdivision 1, is amended to read:
Subdivision 1. [UNITED STATES OR CANADIAN MEDICAL SCHOOL
GRADUATES.] The board shall issue a license to practice medicine
to a person who meets the requirements in paragraphs (a) to (h).
(a) An applicant for a license shall file a written
application on forms provided by the board, showing to the
board's satisfaction that the applicant is of good moral
character and satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to
the board of being a graduate of a medical or osteopathic school
located in the United States, its territories or Canada, and
approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting
organization approved by the board, and other relevant data, or
is currently enrolled in the final year of study at the school.
(c) The applicant must have passed an examination as
described in paragraph clause (1) or (2).
(1) The applicant must have passed a comprehensive
examination for initial licensure prepared and graded by the
National Board of Medical Examiners or the Federation of State
Medical Boards. The board shall by rule determine what
constitutes a passing score in the examination.
(2) The applicant taking the United States Medical
Licensing Examination (USMLE) must have passed steps one, two,
and three within a seven-year period. This seven-year period
begins when the applicant first passes either step one or two,
as applicable. Applicants actively enrolled in or graduated
from accredited MD/PhD, MD/JD, MD/MBA, or MD/MPH dual degree
programs or osteopathic equivalents must have passed each of
steps one, two, and three within three attempts in seven years
plus the time taken to obtain the non-MD degree or ten years,
whichever occurs first. The applicant must pass each of steps
one, two, and three with passing scores as recommended by the
USMLE program within three attempts. The applicant taking
combinations of Federation of State Medical Boards, National
Board of Medical Examiners, and USMLE may be accepted only if
the combination is approved by the board as comparable to
existing comparable examination sequences and all examinations
are completed prior to the year 2000.
(d) The applicant shall present evidence satisfactory to
the board of the completion of one year of graduate, clinical
medical training in a program 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.
(e) The applicant shall make arrangements with the
executive director to appear in person before the board or its
designated representative to show that the applicant satisfies
the requirements of this section. The board may establish as
internal operating procedures the procedures or requirements for
the applicant's personal presentation.
(f) The applicant shall pay a fee established by the board
by rule. The fee may not be refunded. Upon application or
notice of license renewal, the board must provide notice to the
applicant and to the person whose license is scheduled to be
issued or renewed of any additional fees, surcharges, or other
costs which the person is obligated to pay as a condition of
licensure. The notice must:
(1) state the dollar amount of the additional costs; and
(2) clearly identify to the applicant the payment schedule
of additional costs.
(g) 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.
(h) 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 (g). If the 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 and
limitations the board considers appropriate.
Sec. 2. Minnesota Statutes 1998, 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 shall:
(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, or the
United States Medical Licensing Examination 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; or 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, or of
the Royal College of Physicians and Surgeons of Canada.
(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.
Sec. 3. Minnesota Statutes 1998, 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. 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
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 in accordance with section 147.02, subdivision 1,
paragraph (c), clause (2), or the Medical Council of Canada; or
and
(2) have a current license from the equivalent licensing
agency in another state or Canada; 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.
(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. 4. Minnesota Statutes 1998, section 147B.02,
subdivision 4, is amended to read:
Subd. 4. [EXCEPTIONS.] (a) The following persons may
practice acupuncture within the scope of their practice without
an acupuncture license:
(1) a physician licensed under chapter 147;
(2) an osteopath licensed under chapter 147;
(3) a chiropractor licensed under chapter 148;
(4) a person who is studying in a formal course of study or
tutorial intern program approved by the acupuncture advisory
council established in section 147B.05 so long as the person's
acupuncture practice is supervised by a licensed
acupuncturist or a person who is exempt under clause (5);
(5) a visiting acupuncturist practicing acupuncture within
an instructional setting for the sole purpose of teaching at a
school registered with the Minnesota higher education services
office, who may practice without a license for a period of one
year, with two one-year extensions permitted; and
(6) a visiting acupuncturist who is in the state for the
sole purpose of providing a tutorial or workshop not to exceed
30 days in one calendar year.
(b) This chapter does not prohibit a person who does not
have an acupuncturist license from practicing specific
noninvasive techniques, such as acupressure, that are within the
scope of practice as set forth in section 147B.06, subdivision 4.
Sec. 5. Minnesota Statutes 1998, section 147B.02,
subdivision 9, is amended to read:
Subd. 9. [RENEWAL.] (a) To renew a license an applicant
must:
(1) annually, or as determined by the board, complete a
renewal application on a form provided by the board;
(2) submit the renewal fee;
(3) provide evidence annually of one hour of continuing
education in the subject of infection control, including blood
borne pathogen diseases;
(4) provide documentation of current and active NCCAOM
certification; or
(5) if licensed under subdivision 5 or 6, meet one-half the
then current same NCCAOM professional development activity
requirements as those licensed under subdivision 7.
(b) An applicant shall submit any additional information
requested by the board to clarify information presented in the
renewal application. The information must be submitted within
30 days after the board's request, or the renewal request is
nullified.
Sec. 6. Minnesota Statutes 1998, section 147B.05,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATION; COMPENSATION; REMOVAL; QUORUM.]
The advisory council is governed by section 15.059, except that
the council does not expire until June 30, 1999 2003.
Sec. 7. Minnesota Statutes 1998, section 148.7808,
subdivision 4, is amended to read:
Subd. 4. [TEMPORARY REGISTRATION.] (a) The board may issue
a temporary registration as an athletic trainer to qualified
applicants. A temporary registration is issued for one year.
An athletic trainer with a temporary registration may qualify
for full registration after submission of verified documentation
that the athletic trainer has achieved a qualifying score on a
credentialing examination within one year after the date of the
temporary registration. Temporary registration may not be
renewed.
(b) Except as provided in subdivision 3, paragraph (a),
clause (1), an applicant for temporary registration must submit
the application materials and fees for registration required
under subdivision 1, clauses (1) to (8) and (10) to (12).
(c) An athletic trainer with a temporary registration shall
work only under the direct supervision of an athletic trainer
registered under this section. No more than four athletic
trainers with temporary registrations shall work under the
direction of a registered athletic trainer.
Sec. 8. Minnesota Statutes 1998, section 148.7808,
subdivision 5, is amended to read:
Subd. 5. [REGISTRATION; TRANSITION PERIOD TEMPORARY
PERMIT.] (a) For two years after the effective date of sections
148.7801 to 148.7815, an applicant who has not completed an
accredited or approved education program and is not certified by
the National Athletic Trainers Association, the Board of
Certification, or other national accrediting organization
approved by the board, may qualify for registration. The board
shall notify potential applicants of the effective date of
sections 148.7801 to 148.7815 and the final date for submitting
an application for registration during this transition period.
Applications for registration under this subdivision shall not
be accepted after the expiration date of the two-year period.
(b) An applicant for registration during the transition
period must:
(1) submit an application and fees required under
subdivision 1, clauses (1) and (3) to (12);
(2) submit documentation from a licensed medical physician
verifying the athletic training services provided by the
applicant and that the applicant has been employed in athletic
training for no less than 21 hours per week for four of the five
years immediately preceding the application; and
(3) achieve a qualifying score on the written examination
of the National Athletic Trainers Association Board of
Certification during the two-year transition period. The board
may issue a temporary permit to practice as an athletic trainer
to an applicant eligible for registration under this section if
the application for registration is complete, all applicable
requirements in this section have been met, and a nonrefundable
fee set by the board has been paid. The permit remains valid
only until the meeting of the board at which a decision is made
on the athletic trainer's application for registration.
Sec. 9. Minnesota Statutes 1998, section 148.7815,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION FEE FEES.] The fee for
registration under section 148.7808 and annual renewal under
section 148.7809 is $100. board shall establish fees as follows:
(1) application fee, $50;
(2) annual registration fee, $100;
(3) temporary registration, $100; and
(4) temporary permit, $50.
Sec. 10. Minnesota Statutes 1998, section 148.7815,
subdivision 2, is amended to read:
Subd. 2. [PRORATION OF FEES.] The board shall may prorate
the fees initial annual fee for registration under section
148.7808 as follows:.
(1) applicants for initial registration between July 1 and
December 31 shall pay the full registration fee; and
(2) applicants for initial registration between January 1
and June 30 shall pay one-half the registration fee. Athletic
trainers registered under section 148.7808 are required to pay
the full fee upon registration renewal.
Presented to the governor April 8, 1999
Signed by the governor April 12, 1999, 2:06 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes