Minnesota Session Laws - 2004, Regular Session

                            CHAPTER 270-H.F.No. 2050 
                  An act relating to health occupations; authorizing a 
                  physician application fee; requiring certain foreign 
                  medical school graduates to use a credentials 
                  verification service; amending Minnesota Statutes 
                  2002, sections 147.01, by adding a subdivision; 
                  147.037, subdivision 1.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 147.01, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [PHYSICIAN APPLICATION FEE.] The board may charge 
        a physician application fee of $200.  The revenue generated from 
        the fee must be deposited in an account in the state government 
        special revenue fund. 
           Sec. 2.  Minnesota Statutes 2002, 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.  If the applicant is a graduate of a medical or 
        osteopathic program that is not accredited by the Liaison 
        Committee for Medical Education or the American Osteopathic 
        Association, the applicant must use the Federation of State 
        Medical Boards' Federation Credentials Verification Service 
        (FCVS) or its successor.  If the applicant uses this service as 
        required under this paragraph, the physician application fee may 
        be less than $200 but must not exceed the cost of administering 
        this paragraph.  
           (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 
           (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) 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; and 
           (2) have a current license from the equivalent licensing 
        agency in another state or 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. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 9:20 a.m.