1.1                          A bill for an act 
  1.2             relating to health occupations; authorizing a 
  1.3             physician application fee; requiring certain foreign 
  1.4             medical school graduates to use a credentials 
  1.5             verification service; amending Minnesota Statutes 
  1.6             2002, sections 147.01, by adding a subdivision; 
  1.7             147.037, subdivision 1.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 147.01, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 7.  [PHYSICIAN APPLICATION FEE.] The board may charge 
  1.12  a physician application fee of $200.  The revenue generated from 
  1.13  the fee must be deposited in an account in the state government 
  1.14  special revenue fund. 
  1.15     Sec. 2.  Minnesota Statutes 2002, section 147.037, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [REQUIREMENTS.] The board shall issue a 
  1.18  license to practice medicine to any person who satisfies the 
  1.19  requirements in paragraphs (a) to (g). 
  1.20     (a) The applicant shall satisfy all the requirements 
  1.21  established in section 147.02, subdivision 1, paragraphs (a), 
  1.22  (e), (f), (g), and (h).  
  1.23     (b) The applicant shall present evidence satisfactory to 
  1.24  the board that the applicant is a graduate of a medical or 
  1.25  osteopathic school approved by the board as equivalent to 
  1.26  accredited United States or Canadian schools based upon its 
  2.1   faculty, curriculum, facilities, accreditation, or other 
  2.2   relevant data.  If the applicant is a graduate of a medical or 
  2.3   osteopathic program that is not accredited by the Liaison 
  2.4   Committee for Medical Education or the American Osteopathic 
  2.5   Association, the applicant must use the Federation of State 
  2.6   Medical Boards' Federation Credentials Verification Service 
  2.7   (FCVS) or its successor.  If the applicant uses this service as 
  2.8   required under this paragraph, the physician application fee may 
  2.9   be less than $200 but must not exceed the cost of administering 
  2.10  this paragraph.  
  2.11     (c) The applicant shall present evidence satisfactory to 
  2.12  the board that the applicant has been awarded a certificate by 
  2.13  the educational council for foreign medical graduates, and the 
  2.14  applicant has a working ability in the English language 
  2.15  sufficient to communicate with patients and physicians and to 
  2.16  engage in the practice of medicine.  
  2.17     (d) The applicant shall present evidence satisfactory to 
  2.18  the board of the completion of two years of graduate, clinical 
  2.19  medical training in a program located in the United States, its 
  2.20  territories, or Canada and accredited by a national accrediting 
  2.21  organization approved by the board.  This requirement does not 
  2.22  apply: 
  2.23     (1) to an applicant who is admitted as a permanent 
  2.24  immigrant to the United States on or before October 1, 1991, as 
  2.25  a person of exceptional ability in the sciences according to 
  2.26  Code of Federal Regulations, title 20, section 656.22(d); 
  2.27     (2) to an applicant holding a valid license to practice 
  2.28  medicine in another country and issued a permanent immigrant 
  2.29  visa after October 1, 1991, as a person of extraordinary ability 
  2.30  in the field of science or as an outstanding professor or 
  2.31  researcher according to Code of Federal Regulations, title 8, 
  2.32  section 204.5(h) and (i), or a temporary nonimmigrant visa as a 
  2.33  person of extraordinary ability in the field of science 
  2.34  according to Code of Federal Regulations, title 8, section 
  2.35  214.2(o), 
  2.36  provided that a person under clause (1) or (2) is admitted 
  3.1   pursuant to rules of the United States Department of Labor; or 
  3.2      (3) to an applicant who is licensed in another state, has 
  3.3   practiced five years without disciplinary action in the United 
  3.4   States, its territories, or Canada, has completed one year of 
  3.5   the graduate, clinical medical training required by this 
  3.6   paragraph, and has passed the Special Purpose Examination of the 
  3.7   Federation of State Medical Boards within three attempts in the 
  3.8   24 months before licensing. 
  3.9      (e) The applicant must:  
  3.10     (1) have passed an examination prepared and graded by the 
  3.11  Federation of State Medical Boards, the United States Medical 
  3.12  Licensing Examination program in accordance with section 147.02, 
  3.13  subdivision 1, paragraph (c), clause (2), or the Medical Council 
  3.14  of Canada; and 
  3.15     (2) have a current license from the equivalent licensing 
  3.16  agency in another state or country and, if the examination in 
  3.17  clause (1) was passed more than ten years ago, either: 
  3.18     (i) pass the Special Purpose Examination of the Federation 
  3.19  of State Medical Boards with a score of 75 or better within 
  3.20  three attempts; or 
  3.21     (ii) have a current certification by a specialty board of 
  3.22  the American Board of Medical Specialties, of the American 
  3.23  Osteopathic Association Bureau of Professional Education, of the 
  3.24  Royal College of Physicians and Surgeons of Canada, or of the 
  3.25  College of Family Physicians of Canada. 
  3.26     (f) The applicant must not be under license suspension or 
  3.27  revocation by the licensing board of the state or jurisdiction 
  3.28  in which the conduct that caused the suspension or revocation 
  3.29  occurred.  
  3.30     (g) The applicant must not have engaged in conduct 
  3.31  warranting disciplinary action against a licensee, or have been 
  3.32  subject to disciplinary action other than as specified in 
  3.33  paragraph (f).  If an applicant does not satisfy the 
  3.34  requirements stated in this paragraph, the board may issue a 
  3.35  license only on the applicant's showing that the public will be 
  3.36  protected through issuance of a license with conditions or 
  4.1   limitations the board considers appropriate.