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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 147. BOARD OF MEDICAL PRACTICE

Table of Sections
SectionHeadnote
147.0001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
147.001PURPOSE.
147.01BOARD OF MEDICAL PRACTICE.
147.011DEFINITION.
147.02EXAMINATION; LICENSING.
147.021Renumbered 147.091
147.025EVIDENCE OF PAST SEXUAL CONDUCT.
147.03LICENSURE BY ENDORSEMENT; RECIPROCITY; TEMPORARY PERMIT.
147.031EXAMINATIONS AND LICENSES OF OSTEOPATHS.
147.032INTERSTATE PRACTICE OF TELEMEDICINE.
147.035MALPRACTICE HISTORY.
147.037LICENSING OF FOREIGN MEDICAL SCHOOL GRADUATES; TEMPORARY PERMIT.
147.038CANCELLATION OF LICENSE IN GOOD STANDING.
147.0381CANCELLATION OF CREDENTIALS UNDER DISCIPLINARY ORDER.
147.039CANCELLATION OF LICENSE FOR NONRENEWAL.
147.0391RESIDENCY PERMIT.
147.04RETALIATORY PROVISIONS.
147.05Renumbered 147.01, subd 5
147.06Repealed, 1985 c 247 s 26
147.07Repealed, 1985 c 247 s 26
147.072Repealed, 1985 c 247 s 26
147.073Renumbered 147.161
147.074Renumbered 147.162
147.075Repealed, 1981 c 323 s 4; 1983 c 312 art 1 s 27
147.08Repealed, 1974 c 61 s 2
147.081PRACTICING WITHOUT LICENSE; PENALTY.
147.09EXEMPTIONS.
147.091GROUNDS FOR DISCIPLINARY ACTION.
147.092PROBABLE CAUSE HEARING; SEXUAL MISCONDUCT.
147.10Renumbered 147.081
147.101Repealed, 1985 c 247 s 26
147.11Repealed, 1985 c 247 s 26
147.111REPORTING OBLIGATIONS.
147.12Repealed, 1985 c 247 s 26
147.121IMMUNITY.
147.13Repealed, 1985 c 247 s 26
147.131PHYSICIAN COOPERATION.
147.141FORMS OF DISCIPLINARY ACTION.
147.151DISCIPLINARY RECORD ON JUDICIAL REVIEW.
147.155REPORTS TO THE COMMISSIONER OF HEALTH.
147.16Repealed, 1985 c 247 s 26
147.161PHYSICIAN ACCOUNTABILITY.
147.162MEDICAL CARE FACILITIES; EXCLUSION.
147.17Repealed, 1985 c 247 s 26
147.171Repealed, 1990 c 576 s 6
147.18Repealed, 1985 c 247 s 26
147.19Repealed, 1985 c 247 s 26
147.20Repealed, 1985 c 247 s 26
147.21REGISTRATION FEES FOR OSTEOPATHS.
147.22TRANSFER RECORDS, ASSETS, AND POWERS.
147.23Repealed, 1985 c 247 s 26
147.231 147.231 RELEASED PERSONS; PRESCRIPTIONS.
147.24Repealed, 1990 c 576 s 6
147.25Repealed, 1990 c 576 s 6
147.26Repealed, 1990 c 576 s 6
147.27Repealed, 1990 c 576 s 6
147.28Repealed, 1990 c 576 s 6
147.29Repealed, 1990 c 576 s 6
147.30Repealed, 1990 c 576 s 6
147.31Repealed, 1990 c 576 s 6
147.32Repealed, 1990 c 576 s 6
147.33Repealed, 1990 c 576 s 6
147.34Repealed, 1995 c 205 art 1 s 25
147.35Repealed, 1995 c 205 art 1 s 25
147.36Repealed, 1995 c 205 art 1 s 25
147.37147.37 INFORMATION PROVISION; PHARMACEUTICAL ASSISTANCE PROGRAMS.
147.0001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3
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.
History: 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 subject to the terms described in section 214.04, subdivision 2a.
    Subd. 6.[Repealed, 1997 c 225 art 2 s 63]
    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.
History: (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;
2004 c 270 s 1; 2004 c 279 art 11 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.
History: 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 not currently licensed in another state or Canada and
who meets the requirements in paragraphs (a) to (i).
    (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, the Federation of State Medical
Boards, the Medical Council of Canada, or the appropriate state board that the board determines
acceptable. 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. Step three must be passed within five years of passing step
two, or before the end of residency training. 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.
    (i) If the examination in paragraph (c) was passed more than ten years ago, the applicant
must either:
    (1) pass the special purpose examination of the Federation of State Medical Boards with a
score of 75 or better within three attempts; or
    (2) have a current certification by a specialty board of the American Board of Medical
Specialties, of the American Osteopathic Association Bureau of Professional Education, the Royal
College of Physicians and Surgeons of Canada, or of the College of Family Physicians of Canada.
    Subd. 1a. Examination extension; active military service. The board may grant an
extension to the time period required to pass the United States Medical Licensing Examination
(USMLE) as specified in subdivision 1, paragraph (c), clause (2), if an applicant is mobilized into
active military service, as defined in section 190.05, subdivision 5, during the process of taking
the USMLE, but before passage of all steps. Proof of active military service must be submitted to
the board on the forms and according to the timelines of the board.
    Subd. 1b. Examination extension; medical reasons. The board may grant an extension
to the time period and to the number of attempts permitted to pass the United States Medical
Licensing Examination (USMLE) as specified in subdivision 1, paragraph (c), clause (2), if an
applicant has been diagnosed with a medical illness during the process of taking the USMLE but
before passage of all steps, or fails to pass a step within three attempts due to the applicant's
medical illness. Proof of the medical illness must be submitted to the board on forms and
according to the timelines of the board.
    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).
History: (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; 2006 c 188 s 1; 2006 c 199
s 1; 2007 c 13 art 1 s 11; 2007 c 123 s 4,5
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.
History: 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, the Royal
College of Physicians and Surgeons of Canada, or of the College of Family Physicians 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.
(g) Upon the request of an applicant, the board may conduct the final interview of the
applicant by teleconference.
    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.
History: (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; 2004 c 268 s 12; 2004 c
288 art 7 s 5; 2006 c 188 s 2
147.031 EXAMINATIONS AND LICENSES OF OSTEOPATHS.
    Subdivision 1. Generally. 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. Authorization to practice. 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. Prohibition. 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. Penalty. Every person who shall violate any provisions of this section shall be
guilty of a gross misdemeanor.
    Subd. 5. Investigation. The board shall investigate suspected violations of this section
and institute proceedings thereunder.
History: 1963 c 45 s 4; 1973 c 638 s 8; 1985 c 248 s 70; 1986 c 444
147.032 INTERSTATE PRACTICE OF TELEMEDICINE.
    Subdivision 1. Requirements; registration. (a) A physician not licensed to practice
medicine in this state may provide medical services to a patient located in this state through
interstate telemedicine if the following conditions are met:
(1) the physician is licensed without restriction to practice medicine in the state from which
the physician provides telemedicine services;
(2) the physician has not had a license to practice medicine revoked or restricted in any
state or jurisdiction;
(3) the physician does not open an office in this state, does not meet with patients in this
state, and does not receive calls in this state from patients; and
(4) the physician annually registers with the board, on a form provided by the board.
(b) To register with the board, a physician must:
(1) state the physician's intention to provide interstate telemedicine services in this state;
(2) provide complete information on:
(i) all states and jurisdictions in which the physician is currently licensed;
(ii) any states or jurisdictions in which the physician was previously licensed;
(iii) any negative licensing actions taken previously against the physician in any state or
jurisdiction; and
(iv) other information requested by the board; and
(3) pay a registration fee of $75 annually and an initial application fee of $100.
(c) A physician registered to provide interstate telemedicine services under this section
must immediately notify the board of restrictions placed on the physician's license to practice
in any state or jurisdiction.
(d) In registering to provide interstate telemedicine services to state residents under this
section, a physician agrees to be subject to state laws, the state judicial system, and the board
with respect to providing medical services to state residents.
(e) For the purposes of this section, telemedicine means the practice of medicine as defined in
section 147.081, subdivision 3, when the physician is not in the physical presence of the patient.
    Subd. 2. Exemptions from registration. A physician who is not licensed to practice
medicine in this state, but who holds a valid license to practice medicine in another state or
jurisdiction, and who provides interstate telemedicine services to a patient located in this state is
not subject to the registration requirement of subdivision 1, paragraph (a), clause (4), if:
(1) the services are provided in response to an emergency medical condition. For the
purposes of this section, an emergency medical condition means a condition, including emergency
labor and delivery, that manifests itself by acute symptoms of sufficient severity, including severe
pain, that the absence of immediate medical attention could reasonably be expected to result in
placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious
dysfunction of any body organ or part;
(2) the services are provided on an irregular or infrequent basis. For the purposes of this
section, a person provides services on an irregular or infrequent basis if the person provides the
services less than once a month or provides the services to fewer than ten patients annually; or
(3) the physician provides interstate telemedicine services in this state in consultation with a
physician licensed in this state and the Minnesota physician retains ultimate authority over the
diagnosis and care of the patient.
    Subd. 3. Notification to other states. The board shall obtain confirmation of licensure from
all states and jurisdictions in which a physician registered under subdivision 1 has ever been
licensed to verify statements made by the physician and to be notified if any future adverse action
is taken against the physician's license in another state or jurisdiction. This requirement does not
replace the reporting obligation under section 147.111.
    Subd. 4. Health records. A physician who provides interstate telemedicine services to a
patient located in this state must comply with sections 144.291 to 144.298 with respect to the
provision of those services.
History: 2002 c 361 s 1; 2007 c 147 art 10 s 15
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.
History: 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. 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 may use the Federation of State Medical Boards' Federation Credentials
Verification Service (FCVS) or its successor. If the applicant uses this service as allowed 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.
    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.
History: 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; 2004 c 270 s 2; 2007 c 123 s 6
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.
History: 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.
History: 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.
History: 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.
History: 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.
History: (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]
147.08 [Repealed, 1974 c 61 s 2]
147.081 PRACTICING WITHOUT LICENSE; PENALTY.
    Subdivision 1. Unlawful practice of medicine. It is unlawful for any person to practice
medicine as defined in subdivision 3 in this state unless:
(1) the person holds a valid license issued according to this chapter; or
(2) the person is registered to provide interstate telemedicine services according to section
147.032.
    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.
History: (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; 2002 c 361 s 2
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 Education, 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 chapter
148D 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.
History: (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; 2003 c 130 s 12; 2005 c 147 art 1 s 5
147.091 GROUNDS FOR DISCIPLINARY ACTION.
    Subdivision 1. Grounds listed. The board may refuse to grant a license, may refuse to
grant registration to perform interstate telemedicine services, 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 developmentally disabled, 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 sections 144.291 to 144.298 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 sections 144.291 to 144.298
in which the referring physician has a "financial or economic interest," as defined in section
144.6521, subdivision 3, unless the physician has disclosed the physician's financial or economic
interest in accordance with section 144.6521; 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 sections 144.291 to 144.298 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.
(z) Providing interstate telemedicine services other than according to section 147.032.
    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. 1b. Utilization review. The board may investigate allegations and impose disciplinary
action as described in section 147.141 against a physician performing utilization review for a
pattern of failure to exercise that degree of care that a physician reviewer of ordinary prudence
making utilization review determinations for a utilization review organization would use under
the same or similar circumstances. As part of its investigative process, the board shall receive
consultation or recommendation from physicians who are currently engaged in utilization review
activities. The internal and external review processes under sections 62M.06 and 62Q.73 must be
exhausted prior to an allegation being brought under this subdivision. Nothing in this subdivision
creates, modifies, or changes existing law related to tort liability for medical negligence. Nothing
in this subdivision preempts state peer review law protection in accordance with sections 145.61
to 145.67, federal peer review law, or current law pertaining to complaints or appeals.
    Subd. 2. Automatic suspension. (a) A license to practice medicine is automatically
suspended if (1) a guardian of a licensee is appointed by order of a court pursuant to sections
524.5-101 to 524.5-502, 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 13.384, 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 144.291, subdivision 2, paragraph (h), 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).
History: 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; 1999 c
227 s 22; 2001 c 137 s 7; 2002 c 361 s 3; 2004 c 146 art 3 s 6; 2004 c 198 s 16; 2005 c 56 s
1; 2007 c 147 art 10 s 15
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.
History: 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 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 524.5-101 to 524.5-502 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.
History: 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; 2003 c 62 s 1; 2004 c 146 art 3 s 47
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) Members of the board and persons employed by the board or engaged in maintaining
records and making reports regarding adverse health care events are immune from civil liability
and criminal prosecution for any actions, transactions, or publications in the execution of or
relating to their duties under section 147.155.
(c) 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.
History: 1985 c 247 s 15,25; 1991 c 199 art 2 s 1; 1993 c 21 s 10; 1995 c 18 s 9; 2004
c 186 s 3
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.
History: 1985 c 247 s 16; 1986 c 444
147.141 FORMS OF DISCIPLINARY ACTION.
When the board finds that a licensed physician or a physician registered under section
147.032 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) revoke or suspend registration to perform interstate telemedicine;
(4) 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;
(5) 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;
(6) order the physician to provide unremunerated professional service under supervision at a
designated public hospital, clinic, or other health care institution; or
(7) censure or reprimand the licensed physician.
History: 1985 c 247 s 17; 1991 c 199 art 2 s 1; 2002 c 361 s 4
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.
History: 1985 c 247 s 18; 1991 c 199 art 2 s 1
147.155 REPORTS TO THE COMMISSIONER OF HEALTH.
(a) The board shall maintain a record of an event that comes to the board's attention that,
in the judgment of the board or a committee of the board, qualifies as an adverse health care
event under section 144.7065.
(b) Within 30 days of making a determination under paragraph (a) that an event qualifies as
an adverse health care event, the board shall forward to the commissioner of health a report of
the event, including the facility involved, the date of the event, and information known to the
board regarding the event. The report shall not include any identifying information for any of the
health care professionals, facility employees, or patients involved.
History: 2004 c 186 s 4
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.
History: 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.
History: 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.
History: 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.
History: 1963 c 45 s 10; 1976 c 2 s 63; 1991 c 106 s 6
147.23 [Repealed, 1985 c 247 s 26]
147.231 RELEASED PERSONS; PRESCRIPTIONS.
     (a) Subject to paragraph (b), a physician, physician's assistant, certified nurse practitioner, or
clinical nurse specialist in psychiatric and mental health nursing is not civilly liable for conduct of
a former prisoner or civilly committed person that is related to the use or nonuse of medicines
prescribed by the physician, physician's assistant, certified nurse practitioner, or clinical nurse
specialist in psychiatric and mental health nursing before the prisoner's or committed person's
release. This limitation on liability applies during the period from release from confinement until
the former prisoner or committed person is scheduled to receive new medicines pursuant to
a new prescription written after the release.
(b) In order for paragraph (a) to apply, the person must have made the prescription in good
faith, within the scope of lawful practice, and with reasonable care.
History: 2006 c 266 s 1
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]
147.37 INFORMATION PROVISION; PHARMACEUTICAL ASSISTANCE
PROGRAMS.
The board shall encourage licensees to make available to patients information on free and
discounted prescription drug programs offered by pharmaceutical manufacturers when the
information is provided to the licensees at no cost.
History: 2006 c 267 art 1 s 3