2000 Minnesota Statutes

CHAPTER 147. Board of medical practice

     147.001 Purpose. 

    The primary responsibility and obligation of the board of 
 medical practice is to protect the public. 

    In the interest of public health, safety, and welfare, and 
 to protect the public from the unprofessional, improper, 
 incompetent, and unlawful practice of medicine, it is necessary 
 to provide laws and regulations to govern the granting and 
 subsequent use of the license to practice medicine. 

    HIST: 1996 c 334 s 2 

     147.01 Board of medical practice. 

    Subdivision 1.    Creation; terms.  The board of medical 
 practice consists of 16 residents of the state of Minnesota 
 appointed by the governor.  Ten board members must hold a degree 
 of doctor of medicine and be licensed to practice medicine under 
 this chapter.  One board member must hold a degree of doctor of 
 osteopathy and either be licensed to practice osteopathy under 
 Minnesota Statutes 1961, sections 148.11 to 148.16; prior to May 
 1, 1963, or be licensed to practice medicine under this 
 chapter.  Five board members must be public members as defined 
 by section 214.02.  The governor shall make appointments to the 
 board which reflect the geography of the state.  In making these 
 appointments, the governor shall ensure that no more than one 
 public member resides in each United States congressional 
 district, and that at least one member who is not a public 
 member resides in each United States congressional district.  
 The board members holding the degree of doctor of medicine must, 
 as a whole, reflect the broad mix of expertise of physicians 
 practicing in Minnesota.  A member may be reappointed but shall 
 not serve more than eight years consecutively.  Membership 
 terms, compensation of members, removal of members, the filling 
 of membership vacancies, and fiscal year and reporting 
 requirements are as provided in sections 214.07 to 214.09.  The 
 provision of staff, administrative services and office space; 
 the review and processing of complaints; the setting of board 
 fees; and other provisions relating to board operations are as 
 provided in chapter 214. 

    Subd. 2.    Recommendations for appointment.  Prior to 
 the end of the term of a doctor of medicine or public member on 
 the board, or within 60 days after a doctor of medicine or 
 public member position on the board becomes vacant, the state 
 medical association, the mental health association of Minnesota, 
 and other interested persons and organizations may recommend to 
 the governor doctors of medicine and public members qualified to 
 serve on the board.  Prior to the end of the term of a doctor of 
 osteopathy, or within 60 days after a doctor of osteopathy 
 membership becomes vacant, the Minnesota osteopathic medical 
 society may recommend to the governor three doctors of 
 osteopathy qualified to serve on the board.  The governor may 
 appoint members to the board from the list of persons 
 recommended or from among other qualified candidates. 

    Subd. 3.    Board administration.  The board shall elect 
 from among its number a president, a vice-president, and a 
 secretary-treasurer, who shall each serve for one year, or until 
 a successor is elected and qualifies.  The board shall have 
 authority to adopt rules as may be found necessary to carry out 
 the purposes of this chapter.  The members of the board shall 
 have authority to administer oaths and the board, in session, to 
 take testimony as to matters pertaining to the duties of the 
 board.  Nine members of the board shall constitute a quorum for 
 the transaction of business.  The board shall have a common 
 seal, which shall be kept by the executive director, whose duty 
 it shall be to keep a record of all proceedings of the board, 
 including a register of all applicants for license under this 
 chapter, giving their names, addresses, ages, educational 
 qualifications, and the result of their examination.  These 
 books and registers shall be prima facie evidence of all the 
 matters therein recorded.  

    Subd. 4.    Disclosure.  Subject to the exceptions 
 listed in this subdivision, all communications or information 
 received by or disclosed to the board relating to any person or 
 matter subject to its regulatory jurisdiction are confidential 
 and privileged and any disciplinary hearing shall be closed to 
 the public.  

    (a) Upon application of a party in a proceeding before the 
 board under section 147.091, the board shall produce and permit 
 the inspection and copying, by or on behalf of the moving party, 
 of any designated documents or papers relevant to the 
 proceedings, in accordance with the provisions of rule 34, 
 Minnesota rules of civil procedure.  

    (b) If the board imposes disciplinary measures of any kind, 
 whether by contested case or by settlement agreement, the name 
 and business address of the licensee, the nature of the 
 misconduct, and the action taken by the board are public data.  
 If disciplinary action is taken by settlement agreement, the 
 entire agreement is public data.  The board shall decide 
 disciplinary matters, whether by settlement or by contested 
 case, by roll call vote.  The votes are public data.  

    (c) The board shall exchange information with other 
 licensing boards, agencies, or departments within the state, as 
 required under section 214.10, subdivision 8, paragraph (c), and 
 may release information in the reports required under section 
 147.02, subdivision 6. 

    (d) The board shall upon request furnish to a person who 
 made a complaint, or the alleged victim of a violation of 
 section 147.091, subdivision 1, paragraph (t), or both, a 
 description of the activities and actions of the board relating 
 to that complaint, a summary of the results of an investigation 
 of that complaint, and the reasons for actions taken by the 
 board.  

    (e) A probable cause hearing held pursuant to section 
 147.092 shall be closed to the public, except for the notices of 
 hearing made public by operation of section 147.092.  

    (f) Findings of fact, conclusions, and recommendations 
 issued by the administrative law judge, and transcripts of oral 
 arguments before the board pursuant to a contested case 
 proceeding in which an administrative law judge found a 
 violation of section 147.091, subdivision 1, paragraph (t), are 
 public data. 

    Subd. 5.    Expenses; staff.  The board of medical 
 practice shall provide blanks, books, certificates, and such 
 stationery and assistance as is necessary for the transaction of 
 the business pertaining to the duties of such board.  The 
 expenses of administering this chapter shall be paid from the 
 appropriations made to the board of medical practice.  The board 
 shall employ an executive director. 

    Subd. 6. Repealed, 1997 c 225 art 2 s 63 

    HIST: (5706) RL s 2295; 1921 c 68 s 1; 1927 c 188 s 1; 1963 c 
 45 s 1; 1967 c 416 s 1; 1969 c 927 s 1; 1973 c 638 s 6; 1975 c 
 136 s 5; 1976 c 2 s 65; 1976 c 222 s 32; 1976 c 239 s 53; 1984 c 
 588 s 1; 1985 c 247 s 1-3,25; 1986 c 444; 1Sp1986 c 3 art 1 s 
 22; 1987 c 86 s 1; 1990 c 576 s 1-3; 1991 c 105 s 1; 1991 c 106 
 s 6; 1991 c 199 art 1 s 40; 1992 c 513 art 7 s 9; 1Sp1993 c 1 
 art 5 s 6; 1995 c 186 s 44; 1995 c 207 art 9 s 38; 1996 c 334 s 
 3; 2000 c 284 s 2 

     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. 

    HIST: 1995 c 18 s 1 

     147.02 Examination; licensing. 

    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 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. 

    Subd. 2. Repealed, 1985 c 247 s 26 

    Subd. 2a.    Temporary permit.  The board may issue a 
 temporary permit to practice medicine to a physician eligible 
 for licensure under this section only if the application for 
 licensure is complete, all requirements in subdivision 1 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 physician's application 
 or licensure. 

    Subd. 3.  Repealed, 1971 c 485 s 6 

    Subd. 4. Repealed, 1984 c 432 art 2 s 55 

    Subd. 5.    Procedures.  The board shall adopt a written 
 statement of internal operating procedures describing procedures 
 for receiving and investigating complaints, reviewing misconduct 
 cases, and imposing disciplinary actions. 

    Subd. 6.    Disciplinary actions must be published.  At 
 least annually, the board shall publish and release to the 
 public a description of all disciplinary measures taken by the 
 board.  The publication must include, for each disciplinary 
 measure taken, the name and business address of the licensee, 
 the nature of the misconduct, and the disciplinary measure taken 
 by the board. 

    Subd. 6a.    Exception to publication requirement.  The 
 publication requirement does not apply to disciplinary measures 
 by the board which are based exclusively upon grounds listed in 
 section 147.091, subdivision 1, clause (l) or (r). 

    HIST: (5707) RL s 2296; 1909 c 474 s 1; 1927 c 188 s 2; 1937 c 
 203 s 1; 1953 c 290 s 1; 1959 c 346 s 1; 1963 c 45 s 2; 1967 c 
 416 s 2; 1969 c 6 s 25; 1969 c 927 s 2; 1971 c 485 s 2; 1973 c 
 638 s 7; 1974 c 42 s 1; 1975 c 93 s 1,2; 1976 c 222 s 33; 1983 c 
 290 s 17; 1985 c 247 s 4-6; 1986 c 444; 1988 c 557 s 1,6; 1989 c 
 282 art 2 s 39; 1990 c 576 s 6; 1993 c 21 s 2,3; 1Sp1993 c 1 art 
 5 s 7; 1998 c 254 art 1 s 37; 1999 c 33 s 1 

  147.021 Renumbered 147.091 

     147.025 Evidence of past sexual conduct. 

    In a proceeding for the suspension or revocation of a 
 license or other disciplinary action for unethical or 
 unprofessional conduct involving sexual contact with a patient 
 or former patient, the board or administrative law judge shall 
 not consider evidence of the patient's previous sexual conduct 
 nor shall any reference to this conduct be made during the 
 proceedings or in the findings, except by motion of the 
 complainant, unless the evidence would be admissible under the 
 applicable provisions of section 609.347, subdivision 3.  

    HIST: 1984 c 556 s 1; 1984 c 640 s 32 

     147.03 Licensure by endorsement; reciprocity; temporary 
  permit. 

    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) 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; 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. 

    Subd. 2.    Temporary permit.  The board may issue a 
 temporary permit to practice medicine to a physician eligible 
 for licensure under this section only if the application for 
 licensure is complete, all requirements in subdivision 1 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 physician's application 
 for licensure. 

    Subd. 3.    Exception.  Notwithstanding subdivision 2, 
 the board may issue a temporary permit to practice medicine to 
 an applicant who has not satisfied the requirements of 
 subdivision 1, paragraph (c), clause 2, item (i) or (ii), but 
 has satisfied all other requirements for licensure under this 
 section, and has paid a nonrefundable fee set by the board.  The 
 permit remains valid for six months. 

    HIST: (5709) 1905 c 236 s 1; 1913 c 139 s 1; 1919 c 251 s 1; 
 1927 c 188 s 3; 1953 c 290 s 2; 1963 c 45 s 3; 1975 c 92 s 1; 
 1977 c 7 s 1; 1985 c 247 s 8; 1986 c 444; 1991 c 106 s 1; 1992 c 
 513 art 6 s 28; 1993 c 19 s 1; 1993 c 21 s 4; 1999 c 33 s 2 

     147.031 Examinations and licenses of osteopaths.  

    Subdivision 1.  Any doctor of osteopathy licensed by the 
 state board of osteopathy under Minnesota Statutes 1961, 
 Sections 148.11 to 148.16, desiring to obtain a license to 
 practice medicine shall apply to the secretary of the board and 
 pay a fee of $50 for the use of the board, which in no case 
 shall be refunded.  The applicant shall be examined in the 
 subjects that the board then examines applicants under section 
 147.02 in which the applicant was not examined by the state 
 board of osteopathy prior to the issuance of a license under 
 Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 
 1, 1963.  All applicants shall be known to the board members or 
 examiners only by number, without names, or other methods of 
 identification on examination papers by which board members or 
 examiners may be able to identify such applicants, until the 
 final grades of all the examination papers have been determined, 
 and the licenses granted or refused.  After such examination, 
 the board, if eight members thereof consent, shall grant such 
 doctor of osteopathy a license to practice medicine.  The board 
 may refuse to grant such a license to any person guilty of 
 immoral, dishonorable, or unprofessional conduct, as defined in 
 Minnesota Statutes 1961, chapter 147, but subject to the right 
 of the applicant to appeal to the district court in the county 
 in which the principal office of the board is located on the 
 questions of law and fact.  

    Subd. 2.  Any such doctor of osteopathy may, until so 
 granted a license to practice medicine, continue to practice 
 osteopathy as taught in reputable colleges of osteopathy, 
 including the use and administration, in connection with the 
 practice of obstetrics, minor surgery, and toxicology only, of 
 anesthetics, narcotics, antidotes, and antiseptics subject to 
 the same state and federal restrictions and limitations as are 
 by law applicable to physicians licensed to practice medicine 
 and shall have the same rights and powers and be subject to the 
 same duties as physicians licensed to practice medicine with 
 reference to matters pertaining to the public health, including 
 the reporting of births and deaths.  The board shall by rule 
 determine what constitutes minor surgery, anesthetics, 
 narcotics, antidotes, and antiseptics.  

    Subd. 3.  No person who is not on May 1, 1963, licensed by 
 the state board of osteopathy under Minnesota Statutes 1961, 
 sections 148.11 to 148.16, shall engage in the practice of 
 osteopathy or by use of titles or initials indicating degrees, 
 or in any other way, hold out as being so engaged. 

    Subd. 4.  Every person who shall violate any provisions of 
 this section shall be guilty of a gross misdemeanor.  

    Subd. 5.  The board shall investigate suspected violations 
 of this section and institute proceedings thereunder.  

    HIST: 1963 c 45 s 4; 1973 c 638 s 8; 1985 c 248 s 70; 1986 c 
 444 

     147.035 Malpractice history. 

    Subdivision 1.    Submission.  A person desiring to 
 practice medicine in this state who has previously practiced in 
 another state shall submit the following additional information 
 with the license application for the five-year period of active 
 practice preceding the date of filing such application: 

    (a) The name and address of the person's professional 
 liability insurer in the other state. 

    (b) The number, date, and disposition of any medical 
 malpractice settlement or award made to the plaintiff relating 
 to the quality of medical treatment. 

    Subd. 2.    Board action.  The board shall give due 
 consideration to the information submitted pursuant to section 
 147.03 and this section.  An applicant who willfully submits 
 incorrect information shall be subject to disciplinary action 
 pursuant to section 147.091. 

    HIST: 1976 c 222 s 35; 1985 c 247 s 25; 1986 c 444 

     147.037 Licensing of foreign medical school graduates; 
  temporary permit. 

    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 

    (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. 

    Subd. 1a.    Temporary permit.  The board may issue a 
 temporary permit to practice medicine to a physician eligible 
 for licensure under this section only if the application for 
 licensure is complete, all requirements in subdivision 1 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 physician's application 
 for licensure. 

    Subd. 2.    Medical school review.  The board may 
 contract with any qualified person or organization for the 
 performance of a review or investigation, including site visits 
 if necessary, of any medical or osteopathic school prior to 
 approving the school under section 147.02, subdivision 1, 
 paragraph (b), or subdivision 1, paragraph (b), of this 
 section.  To the extent possible, the board shall require the 
 school being reviewed to pay the costs of the review or 
 investigation. 

    HIST: 1985 c 247 s 9; 1986 c 444; 1991 c 106 s 2; 1993 c 21 s 
 5,6,13; 1994 c 433 s 1; 1995 c 18 s 2; 1999 c 33 s 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. 

    HIST: 1991 c 106 s 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. 

    HIST: 1995 c 18 s 3 

     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. 

    HIST: 1991 c 106 s 4 

     147.0391 Residency permit. 

    Subdivision 1.    Permit required.  A person must have a 
 residency permit to participate in a residency program unless 
 licensed by the board.  Upon issuance of a license by the board, 
 the board will terminate a residency permit.  A person must have 
 a license to practice medicine to practice outside of a 
 residency program, except as set forth in section 147.09.  An 
 applicant for a residency permit must pay a $20 nonrefundable 
 fee upon initial application and upon a change in residency 
 program a lesser nonrefundable fee set by the board in such 
 amount that is necessary to cover administrative costs incurred 
 by the board.  The applicant must also have been accepted into 
 either: 

    (1) a graduate medical education program accredited by a 
 national accrediting organization approved by the board; or 

    (2) other nonaccredited graduate training approved by the 
 board as meeting standards comparable to those of a national 
 accrediting organization. 

    The approvals required by clauses (1) and (2) must have 
 been granted by the board before the applicant enrolls in the 
 training. 

    Subd. 2.    Terminating participation in residency 
 program.  Upon a change in residency programs, a person 
 holding a residency permit must notify the board in writing no 
 later than 30 days after termination of participation in the 
 residency program being terminated.  A separate residency permit 
 is required for each residency program until licensure is 
 obtained. 

    Subd. 3.    Reporting obligation.  A person holding a 
 residency permit and faculty of residency programs are subject 
 to the reporting obligations of section 147.111.  The intent of 
 this subdivision is not to replace routine academic corrective 
 action undertaken by a residency training program. 

    HIST: 1993 c 21 s 7 

     147.04 Retaliatory provisions.  

    If by the laws of any state or the rulings or decisions of 
 the appropriate officers or boards thereof, any burden, 
 obligation, requirement, disqualification, or disability is put 
 upon physicians registered in this state or holding diplomas 
 from medical colleges in this state which are in good standing 
 therein, affecting the right of these physicians to be 
 registered or admitted to practice in that state, then the same 
 or like burdens, obligations, requirements, disqualification, or 
 disability may be put upon the registration in this state of 
 physicians registered in that state or holding diplomas from 
 medical colleges situated therein.  

    HIST: (5710) 1905 c 236; 1913 c 139 s 2; 1959 c 346 s 2 

  147.05 Renumbered 147.01 subd 5 

  147.06 Repealed, 1985 c 247 s 26 

  147.07 Repealed, 1985 c 247 s 26 

  147.072 Repealed, 1985 c 247 s 26 

  147.073 Renumbered 147.161 

  147.074 Renumbered 147.162 

  147.075 Repealed, 1981 c 323 s 4; 1983 c 312 art 1 s 27 

  147.08 Repealed, 1974 c 61 s 2 

     147.081 Practicing without license; penalty. 

    Subdivision 1.    Unlawful practice of medicine.  It is 
 unlawful for any person not holding a valid license issued in 
 accordance with this chapter to practice medicine as defined in 
 subdivision 3 in this state.  

    Subd. 2.    Penalty.  Any person violating the 
 provisions of subdivision 1 is guilty of a gross misdemeanor.  

    Subd. 3.    Practice of medicine defined.  For purposes 
 of this chapter, a person not exempted under section 147.09 is 
 "practicing medicine" or engaged in the "practice of medicine" 
 if the person does any of the following:  

    (1) advertises, holds out to the public, or represents in 
 any manner that the person is authorized to practice medicine in 
 this state; 

    (2) offers or undertakes to prescribe, give, or administer 
 any drug or medicine for the use of another; 

    (3) offers or undertakes to prevent or to diagnose, 
 correct, or treat in any manner or by any means, methods, 
 devices, or instrumentalities, any disease, illness, pain, 
 wound, fracture, infirmity, deformity or defect of any person; 

    (4) offers or undertakes to perform any surgical operation 
 including any invasive or noninvasive procedures involving the 
 use of a laser or laser assisted device, upon any person; 

    (5) offers to undertake to use hypnosis for the treatment 
 or relief of any wound, fracture, or bodily injury, infirmity, 
 or disease; or 

    (6) uses in the conduct of any occupation or profession 
 pertaining to the diagnosis of human disease or conditions, the 
 designation "doctor of medicine," "medical doctor," "doctor of 
 osteopathy," "osteopath," "osteopathic physician," "physician," 
 "surgeon," "M.D.," "D.O.," or any combination of these 
 designations. 

    HIST: (5717) RL s 2300; 1927 c 188 s 4; 1963 c 45 s 6; 1971 c 
 485 s 5; 1974 c 43 s 1; 1985 c 247 s 13,25; 1986 c 444; 1993 c 
 121 s 1 

     147.09 Exemptions. 

    Section 147.081 does not apply to, control, prevent or 
 restrict the practice, service, or activities of:  

    (1) A person who is a commissioned medical officer of, a 
 member of, or employed by, the armed forces of the United 
 States, the United States Public Health Service, the Veterans 
 Administration, any federal institution or any federal agency 
 while engaged in the performance of official duties within this 
 state, if the person is licensed elsewhere.  

    (2) A licensed physician from a state or country who is in 
 actual consultation here.  

    (3) A licensed or registered physician who treats the 
 physician's home state patients or other participating patients 
 while the physicians and those patients are participating 
 together in outdoor recreation in this state as defined by 
 section 86A.03, subdivision 3.  A physician shall first register 
 with the board on a form developed by the board for that 
 purpose.  The board shall not be required to promulgate the 
 contents of that form by rule.  No fee shall be charged for this 
 registration.  

    (4) A student practicing under the direct supervision of a 
 preceptor while the student is enrolled in and regularly 
 attending a recognized medical school.  

    (5) A student who is in continuing training and performing 
 the duties of an intern or resident or engaged in postgraduate 
 work considered by the board to be the equivalent of an 
 internship or residency in any hospital or institution approved 
 for training by the board, provided the student has a residency 
 permit issued by the board under section 147.0391. 

    (6) A person employed in a scientific, sanitary, or 
 teaching capacity by the state university, the department of 
 children, families, and learning, a public or private school, 
 college, or other bona fide educational institution, a nonprofit 
 organization, which has tax-exempt status in accordance with the 
 Internal Revenue Code, section 501(c)(3), and is organized and 
 operated primarily for the purpose of conducting scientific 
 research directed towards discovering the causes of and cures 
 for human diseases, or the state department of health, whose 
 duties are entirely of a research, public health, or educational 
 character, while engaged in such duties; provided that if the 
 research includes the study of humans, such research shall be 
 conducted under the supervision of one or more physicians 
 licensed under this chapter. 

    (7) Physician's assistants registered in this state.  

    (8) A doctor of osteopathy duly licensed by the state board 
 of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
 148.16, prior to May 1, 1963, who has not been granted a license 
 to practice medicine in accordance with this chapter provided 
 that the doctor confines activities within the scope of the 
 license. 

    (9) Any person licensed by a health related licensing 
 board, as defined in section 214.01, subdivision 2, or 
 registered by the commissioner of health pursuant to section 
 214.13, including psychological practitioners with respect to 
 the use of hypnosis; provided that the person confines 
 activities within the scope of the license.  

    (10) A person who practices ritual circumcision pursuant to 
 the requirements or tenets of any established religion. 

    (11) A Christian Scientist or other person who endeavors to 
 prevent or cure disease or suffering exclusively by mental or 
 spiritual means or by prayer. 

    (12) A physician licensed to practice medicine in another 
 state who is in this state for the sole purpose of providing 
 medical services at a competitive athletic event.  The physician 
 may practice medicine only on participants in the athletic 
 event.  A physician shall first register with the board on a 
 form developed by the board for that purpose.  The board shall 
 not be required to adopt the contents of the form by rule.  The 
 physician shall provide evidence satisfactory to the board of a 
 current unrestricted license in another state.  The board shall 
 charge a fee of $50 for the registration.  

    (13) A psychologist licensed under section 148.907 or a 
 social worker licensed under section 148B.21 who uses or 
 supervises the use of a penile or vaginal plethysmograph in 
 assessing and treating individuals suspected of engaging in 
 aberrant sexual behavior and sex offenders. 

    (14) Any person issued a training course certificate or 
 credentialed by the emergency medical services regulatory board 
 established in chapter 144E, provided the person confines 
 activities within the scope of training at the certified or 
 credentialed level. 

    (15) An unlicensed complementary and alternative health 
 care practitioner practicing according to chapter 146A. 

    HIST: (5716) RL s 2299; 1971 c 485 s 4; 1980 c 567 s 1; 1981 c 
 23 s 4; 1985 c 247 s 12; 1986 c 444; 1987 c 384 art 1 s 17; 1990 
 c 542 s 5; 1990 c 576 s 4; 1991 c 255 s 19; 1993 c 21 s 8; 1993 
 c 326 art 8 s 2; 1Sp1995 c 3 art 16 s 13; 1996 c 324 s 3; 1996 c 
 424 s 1; 1999 c 54 s 1; 2000 c 260 s 24; 2000 c 460 s 21 

*   NOTE:  The amendment to this section by Laws 2000, chapter 
*460, section 21, is effective July 1, 2001.  Laws 2000, chapter 
*460, section 67.

     147.091 Grounds for disciplinary action. 

    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. 

    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. 

    Subd. 2.    Automatic suspension.  (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. 

    (c) For credentials that have been suspended or revoked 
 pursuant to paragraphs (a) and (b), 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. 

    (d) The board may, upon majority vote of a quorum of its 
 members, suspend the credentials of a regulated person without a 
 hearing if the regulated person fails to maintain a current name 
 and address with the board, as described in paragraph (e), while 
 the regulated person is:  (1) under board investigation, and a 
 notice of conference has been issued by the board; (2) party to 
 a contested case with the board; (3) party to an agreement for 
 corrective action with the board; or (4) under a board order for 
 disciplinary action.  The suspension shall remain in effect 
 until lifted by the board pursuant to the board's receipt of a 
 petition from the regulated person, along with the regulated 
 person's current name and address. 

    (e) A person regulated by the board shall maintain a 
 current name and address with the board and shall notify the 
 board in writing within 30 days of any change in name or 
 address.  If a name change only is requested, the regulated 
 person must request revised credentials and return the current 
 credentials to the board.  The board may require the regulated 
 person to substantiate the name change by submitting official 
 documentation from a court of law or agency authorized under law 
 to receive and officially record a name change.  If an address 
 change only is requested, no request for revised credentials is 
 required.  If the regulated person's current credentials have 
 been lost, stolen, or destroyed, the person shall provide a 
 written explanation to the board. 

    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. 

    Subd. 3.    Conditions on reissued license.  In its 
 discretion, the board may restore and reissue a license to 
 practice medicine, but as a condition thereof may impose any 
 disciplinary or corrective measure which it might originally 
 have imposed.  

    Subd. 4.    Temporary suspension of license.  In 
 addition to any other remedy provided by law, the board may, 
 without a hearing, temporarily suspend the license of a 
 physician if the board finds that the physician has violated a 
 statute or rule which the board is empowered to enforce and 
 continued practice by the physician would create a serious risk 
 of harm to the public.  The suspension shall take effect upon 
 written notice to the physician, specifying the statute or rule 
 violated.  The suspension shall remain in effect until the board 
 issues a final order in the matter after a hearing.  At the time 
 it issues the suspension notice, the board shall schedule a 
 disciplinary hearing to be held pursuant to the Administrative 
 Procedure Act.  The physician shall be provided with at least 20 
 days' notice of any hearing held pursuant to this subdivision.  
 The hearing shall be scheduled to begin no later than 30 days 
 after the issuance of the suspension order.  

    Subd. 5.    Evidence.  In disciplinary actions alleging 
 a violation of subdivision 1, paragraph (c) or (d), a copy of 
 the judgment or proceeding under the seal of the court 
 administrator or of the administrative agency which entered the 
 same shall be admissible into evidence without further 
 authentication and shall constitute prima facie evidence of the 
 contents thereof.  

    Subd. 6.    Mental examination; access to medical data.  
 (a) If the board has probable cause to believe that a regulated 
 person comes under subdivision 1, paragraph (1), it may direct 
 the person to submit to a mental or physical examination.  For 
 the purpose of this subdivision every 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 regulated 
 person to submit to an examination when directed constitutes an 
 admission of the allegations against the person, unless the 
 failure was due to circumstance beyond the person's control, in 
 which case a default and final order may be entered without the 
 taking of testimony or presentation of evidence.  A regulated 
 person affected under this paragraph shall at reasonable 
 intervals be given an opportunity to demonstrate that the person 
 can resume the competent practice of the regulated profession 
 with reasonable skill and safety to 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 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 regulated person or applicant without the person's or 
 applicant's consent if the board has probable cause to believe 
 that a 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. 

    Subd. 7.    Tax clearance certificate.  (a) In addition 
 to the provisions of subdivision 1, the board may not issue or 
 renew a license if the commissioner of revenue notifies the 
 board and the licensee or applicant for a license that the 
 licensee or applicant owes the state delinquent taxes in the 
 amount of $500 or more.  The board may issue or renew the 
 license only if (1) the commissioner of revenue issues a tax 
 clearance certificate and (2) the commissioner of revenue or the 
 licensee or applicant forwards a copy of the clearance to the 
 board.  The commissioner of revenue may issue a clearance 
 certificate only if the licensee or applicant does not owe the 
 state any uncontested delinquent taxes. 

    (b) For purposes of this subdivision, the following terms 
 have the meanings given. 

    (1) "Taxes" are all taxes payable to the commissioner of 
 revenue, including penalties and interest due on those taxes. 

    (2) "Delinquent taxes" do not include a tax liability if 
 (i) an administrative or court action that contests the amount 
 or validity of the liability has been filed or served, (ii) the 
 appeal period to contest the tax liability has not expired, or 
 (iii) the licensee or applicant has entered into a payment 
 agreement to pay the liability and is current with the payments. 

    (c) In lieu of the notice and hearing requirements of 
 subdivision 1, when a licensee or applicant is required to 
 obtain a clearance certificate under this subdivision, a 
 contested case hearing must be held if the licensee or applicant 
 requests a hearing in writing to the commissioner of revenue 
 within 30 days of the date of the notice provided in paragraph 
 (a).  The hearing must be held within 45 days of the date the 
 commissioner of revenue refers the case to the office of 
 administrative hearings.  Notwithstanding any law to the 
 contrary, the licensee or applicant must be served with 20 days' 
 notice in writing specifying the time and place of the hearing 
 and the allegations against the licensee or applicant.  The 
 notice may be served personally or by mail. 

    (d) The board shall require all licensees or applicants to 
 provide their social security number and Minnesota business 
 identification number on all license applications.  Upon request 
 of the commissioner of revenue, the board must provide to the 
 commissioner of revenue a list of all licensees and applicants, 
 including the name and address, social security number, and 
 business identification number.  The commissioner of revenue may 
 request a list of the licensees and applicants no more than once 
 each calendar year.  

    Subd. 8.    Limitation.  No board proceeding against a 
 regulated person shall be instituted unless commenced within 
 seven years from the date of the commission of some portion of 
 the offense or misconduct complained of except for alleged 
 violations of subdivision 1, paragraph (t). 

    HIST: 1971 c 485 s 3; 1974 c 31 s 1; 1975 c 213 s 1; 1976 c 
 222 s 34; 1981 c 83 s 1; 1982 c 581 s 24; 1985 c 21 s 1; 1985 c 
 247 s 7,25; 1986 c 444; 1Sp1986 c 1 art 7 s 7; 1Sp1986 c 3 art 1 
 s 82; 1987 c 384 art 2 s 1; 1988 c 557 s 2; 1989 c 184 art 2 s 
 3; 1992 c 559 art 1 s 3; 1992 c 577 s 1; 1Sp1994 c 1 art 2 s 
 3,4; 1995 c 18 s 4-8; 1996 c 334 s 4; 1997 c 103 s 1 

     147.092 Probable cause hearing; sexual misconduct. 

    (a) In any contested case in which a violation of section 
 147.091, subdivision 1, paragraph (t), is charged all parties 
 shall be afforded an opportunity for a probable cause hearing 
 before an administrative law judge.  The motion for a hearing 
 must be made to the office of administrative hearings within 20 
 days of the filing date of the contested case and served upon 
 the board upon filing.  Any hearing shall be held within 30 days 
 of the motion.  The administrative law judge shall issue a 
 decision within 20 days of completion of the probable cause 
 hearing.  If there is no request for a hearing, the portion of 
 the notice of and order for hearing relating to allegations of 
 sexual misconduct automatically becomes public. 

    (b) The scope of the probable cause hearing is confined to 
 a review of the facts upon which the complaint review committee 
 of the board based its determination that there was a reasonable 
 belief that section 147.091, subdivision 1, paragraph (t), was 
 violated.  The administrative law judge shall determine whether 
 there is a sufficient showing of probable cause to believe the 
 licensee committed the violations listed in the notice of and 
 order for hearing, and shall receive evidence offered in support 
 or opposition.  Each party may cross-examine any witnesses 
 produced by the other.  A finding of probable cause shall be 
 based upon the entire record including reliable hearsay in whole 
 or in part and requires only a preponderance of the evidence.  
 The burden of proof rests with the board. 

    (c) Upon a showing of probable cause, that portion of the 
 notice of and order for hearing filed by the board that pertains 
 to the allegations of sexual misconduct, including the factual 
 allegations that support the charge, become public data.  In 
 addition, the notice of and order for hearing may be amended.  A 
 finding of no probable cause by the administrative law judge is 
 grounds for dismissal without prejudice.  Nothing in this 
 section shall prevent the board from reopening the investigation 
 or filing charges based on the same subject matter at a later 
 date. 

    HIST: 1996 c 334 s 5 

  147.10 Renumbered 147.081 

  147.101 Repealed, 1985 c 247 s 26 

  147.11 Repealed, 1985 c 247 s 26 

     147.111 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct constituting grounds for discipline 
 under sections 147.01 to 147.22 may report the violation to the 
 board.  

    Subd. 2.    Institutions.  Any hospital, clinic, prepaid 
 medical plan, or other health care institution or organization 
 located in this state shall report to the board any action taken 
 by the institution or organization or any of its administrators 
 or medical or other committees to revoke, suspend, restrict, or 
 condition a physician's privilege to practice or treat patients 
 in the institution, or as part of the organization, any denial 
 of privileges, or any other disciplinary action.  The 
 institution or organization shall also report the resignation of 
 any physicians prior to the conclusion of any disciplinary 
 proceeding, or prior to the commencement of formal charges but 
 after the physician had knowledge that formal charges were 
 contemplated or in preparation.  Each report made under this 
 subdivision must state the nature of the action taken, state in 
 detail the reasons for the action, and identify the specific 
 patient medical records upon which the action was based.  No 
 report shall be required of a physician voluntarily limiting the 
 practice of the physician at a hospital provided that the 
 physician notifies all hospitals at which the physician has 
 privileges of the voluntary limitation and the reasons for it. 

    Subd. 3.    Medical societies.  A state or local medical 
 society shall report to the board any termination, revocation, 
 or suspension of membership or any other disciplinary action 
 taken against a physician.  If the society has received a 
 complaint which might be grounds for discipline under sections 
 147.01 to 147.22 against a member physician on which it has not 
 taken any disciplinary action, the society shall report the 
 complaint and the reason why it has not taken action on it or 
 shall direct the complainant to the board of medical practice.  
 This subdivision does not apply to a medical society when it 
 performs peer review functions as an agent of an outside entity, 
 organization, or system.  

    Subd. 4.    Licensed professionals.  A licensed health 
 professional and persons holding a residency permit under 
 section 147.0391, shall report to the board personal knowledge 
 of any conduct which the person reasonably believes constitutes 
 grounds for disciplinary action under sections 147.01 to 147.22 
 by any physician or person holding a residency permit under 
 section 147.0391, including any conduct indicating that the 
 person may be medically incompetent, or may have engaged in 
 unprofessional conduct or may be medically or physically unable 
 to engage safely in the practice of medicine.  A licensed 
 physician or other health professional licensed under this 
 chapter shall also report to the board any occurrence of any 
 adverse reaction resulting from an optometrist's prescription, 
 use, or administration of any topical legend drug.  Any reports 
 received by the board must be reported to the board of 
 optometry.  No report shall be required if the information was 
 obtained in the course of a physician-patient relationship if 
 the patient is a physician or person holding a residency permit 
 under section 147.0391, and the treating physician successfully 
 counsels the person to limit or withdraw from practice to the 
 extent required by the impairment. 

    Subd. 5.    Insurers and other entities.  (a) Four times 
 each year as prescribed by the board, each insurer authorized to 
 sell insurance described in section 60A.06, subdivision 1, 
 clause (13), and providing professional liability insurance to 
 persons regulated by the board, shall submit to the board a 
 report concerning the regulated persons against whom 
 professional malpractice settlements or awards have been made to 
 the plaintiff. 

    (b) A medical clinic, hospital, political subdivision, or 
 other entity which provides professional liability coverage on 
 behalf of persons regulated by the board shall submit to the 
 board a report concerning malpractice settlements or awards paid 
 on behalf of regulated persons, and any settlements or awards 
 paid by a clinic, hospital, political subdivision, or other 
 entity on its own behalf because of care rendered by regulated 
 persons.  This requirement excludes forgiveness of bills.  The 
 report shall be made to the board within 30 days of payment of 
 all or part of any settlement or award.  

    (c) The reports in paragraphs (a) and (b) must contain at 
 least the following information:  

    (1) the total number of settlements or awards made to the 
 plaintiff; 

    (2) the date the settlements or awards to the plaintiff 
 were made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made to the plaintiff; 

    (4) the dollar amount of each settlement or award; 

    (5) the regular address of the practice or business of the 
 regulated person or entity against whom an award was made or 
 with whom a settlement was made; and 

    (6) the name of the regulated person or entity against whom 
 an award was made or with whom a settlement was made.  

    The reporting entity shall, in addition to the above 
 information, report to the board any information it possesses 
 which tends to substantiate a charge that a regulated person may 
 have engaged in conduct violating a statute or rule of the board.

    Subd. 6.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the board any judgment or other determination of the court 
 which adjudges or includes a finding that a physician is 
 mentally ill, mentally incompetent, guilty of a felony, or 
 guilty of a violation of federal or state narcotics laws or 
 controlled substances act, guilty of an abuse or fraud under 
 Medicare or Medicaid, appoints a guardian of the physician 
 pursuant to sections 525.54 to 525.61 or commits a physician 
 pursuant to chapter 253B.  

    Subd. 7.    Self-reporting.  A physician shall report to 
 the board any personal action which would require that a report 
 be filed with the board by any person, health care facility, 
 business, or organization pursuant to subdivisions 2 to 6. 

    Subd. 8.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 7 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that reports be submitted 
 on the forms provided, and may adopt rules necessary to assure 
 prompt and accurate reporting.  

    Subd. 9.    Subpoenas.  The board may issue subpoenas 
 for the production of any reports required by subdivisions 2 to 
 7 or any related documents. 

    HIST: 1985 c 247 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1988 c 557 s 3; 1990 c 576 s 5; 1991 c 106 s 6; 1991 c 199 art 2 
 s 1; 1993 c 21 s 9; 1993 c 121 s 2; 1994 c 497 s 4; 1Sp1994 c 1 
 art 2 s 5; 1995 c 44 s 1 

  147.12 Repealed, 1985 c 247 s 26 

     147.121 Immunity. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting a report to the 
 board pursuant to section 147.111 or for otherwise reporting to 
 the board violations or alleged violations of section 147.091.  
 All such reports are confidential and absolutely privileged 
 communications.  

    Subd. 2.    Investigation; indemnification.  (a) Members 
 of the board, persons employed by the board, consultants 
 retained by the board for the purpose of investigation of 
 violations, the preparation of charges 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. 

    HIST: 1985 c 247 s 15,25; 1991 c 199 art 2 s 1; 1993 c 21 s 
 10; 1995 c 18 s 9 

  147.13 Repealed, 1985 c 247 s 26 

     147.131 Physician cooperation. 

    A physician who is the subject of an investigation by or on 
 behalf of the board shall cooperate fully with the investigation.
 Cooperation includes responding fully and promptly to any 
 question raised by or on behalf of the board relating to the 
 subject of the investigation and providing copies of patient 
 medical records, as reasonably requested by the board, to assist 
 the board in its investigation.  The board shall pay for copies 
 requested.  If the board does not have a written consent from a 
 patient permitting access to the patient's records, the 
 physician shall delete any data in the record which identifies 
 the patient before providing it to the board.  The board shall 
 maintain any records obtained pursuant to this section as 
 investigative data pursuant to chapter 13. 

    HIST: 1985 c 247 s 16; 1986 c 444 

     147.141 Forms of disciplinary action. 

    When the board finds that a licensed physician has violated 
 a provision or provisions of sections 147.01 to 147.22, it may 
 do one or more of the following:  

    (1) revoke the license; 

    (2) suspend the license; 

    (3) impose limitations or conditions on the physician's 
 practice of medicine, including the limitation of scope of 
 practice to designated field specialties; the imposition of 
 retraining or rehabilitation requirements; the requirement of 
 practice under supervision; or the conditioning of continued 
 practice on demonstration of knowledge or skills by appropriate 
 examination or other review of skill and competence; 

    (4) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive the physician of any economic advantage gained 
 by reason of the violation charged or to reimburse the board for 
 the cost of the investigation and proceeding; 

    (5) order the physician to provide unremunerated 
 professional service under supervision at a designated public 
 hospital, clinic, or other health care institution; or 

    (6) censure or reprimand the licensed physician.  

    HIST: 1985 c 247 s 17; 1991 c 199 art 2 s 1 

     147.151 Disciplinary record on judicial review. 

    Upon judicial review of any board disciplinary action taken 
 under sections 147.01 to 147.22, the reviewing court shall seal 
 the administrative record, except for the board's final 
 decision, and shall not make the administrative record available 
 to the public. 

    HIST: 1985 c 247 s 18; 1991 c 199 art 2 s 1 

  147.16 Repealed, 1985 c 247 s 26 

     147.161 Physician accountability. 

    Subdivision 1.    Investigation.  The board shall 
 maintain and keep current a file containing the reports and 
 complaints filed against persons regulated by the board in the 
 state.  Each complaint filed with the board pursuant to section 
 214.10, subdivision 1, shall be investigated according to 
 section 214.10, subdivision 2. 

    Whenever the files maintained by the board show that a 
 professional malpractice settlement or award to the plaintiff 
 has been made against a person regulated by the board as 
 reported by insurers pursuant to section 147.111, the executive 
 director of the board shall notify the board and the board may 
 authorize a review of the regulated person's practice. 

    Subd. 2.    Attorney general investigates.  When the 
 board initiates a review of a physician's practice it shall 
 notify the attorney general who shall investigate the matter in 
 the same manner as provided in section 214.10.  If an 
 investigation is to be made, the attorney general shall notify 
 the physician, and, if the incident being investigated occurred 
 there, the administrator and chief of staff at the medical care 
 facilities in which the physician serves. 

    Subd. 3.    Access to hospital records.  The board shall 
 have access to hospital and medical records of a patient treated 
 by the physician under review if the patient signs a written 
 consent permitting such access.  If no consent form has been 
 signed, the hospital or physician shall first delete data in the 
 record which identifies the patient before providing it to the 
 board.  

    HIST: 1976 c 222 s 39; 1980 c 509 s 47; 1981 c 311 s 39; 1982 
 c 545 s 24; 1985 c 247 s 10,25; 1Sp1986 c 3 art 1 s 23; 1995 c 
 44 s 2 

     147.162 Medical care facilities; exclusion. 

    Each physician shall file with the board a list of the 
 inpatient and outpatient medical care facilities at which the 
 physician has medical privileges.  The list shall be updated 
 when the physician applies for license renewal.  Nothing in this 
 chapter grants to any person the right to be admitted to the 
 medical staff of a health care facility.  

    HIST: 1976 c 222 s 40; 1985 c 247 s 11,25; 1986 c 444 

  147.17 Repealed, 1985 c 247 s 26 

  147.171 Repealed, 1990 c 576 s 6 

  147.18 Repealed, 1985 c 247 s 26 

  147.19 Repealed, 1985 c 247 s 26 

  147.20 Repealed, 1985 c 247 s 26 

     147.21 Registration fees for osteopaths.  

    Every doctor of osteopathy licensed by the state board of 
 osteopathy under Minnesota Statutes 1961, sections 148.11 to 
 148.16, prior to May 1, 1963, and not licensed to practice 
 medicine under this chapter shall annually register with the 
 board in the manner prescribed in section 146.13.  

    HIST: 1963 c 45 s 9 

     147.22 Transfer records, assets, and powers. 

    The records, assets, and powers of the state board of 
 osteopathy are transferred to the state board of medical 
 practice. 

    HIST: 1963 c 45 s 10; 1976 c 2 s 63; 1991 c 106 s 6 

  147.23 Repealed, 1985 c 247 s 26 

  147.24 Repealed, 1990 c 576 s 6 

  147.25 Repealed, 1990 c 576 s 6 

  147.26 Repealed, 1990 c 576 s 6 

  147.27 Repealed, 1990 c 576 s 6 

  147.28 Repealed, 1990 c 576 s 6 

  147.29 Repealed, 1990 c 576 s 6 

  147.30 Repealed, 1990 c 576 s 6 

  147.31 Repealed, 1990 c 576 s 6 

  147.32 Repealed, 1990 c 576 s 6 

  147.33 Repealed, 1990 c 576 s 6 

  147.34 Repealed, 1995 c 205 art 1 s 25 

  147.35 Repealed, 1995 c 205 art 1 s 25 

  147.36 Repealed, 1995 c 205 art 1 s 25