Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 33-H.F.No. 413 
                  An act relating to professions; modifying certain 
                  licensing and registration requirements for 
                  physicians, acupuncturists, and athletic trainers; 
                  amending Minnesota Statutes 1998, sections 147.02, 
                  subdivision 1; 147.03, subdivision 1; 147.037, 
                  subdivision 1; 147B.02, subdivisions 4 and 9; 147B.05, 
                  subdivision 2; 148.7808, subdivisions 4 and 5; and 
                  148.7815, subdivisions 1 and 2.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 147.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [UNITED STATES OR CANADIAN MEDICAL SCHOOL 
        GRADUATES.] The board shall issue a license to practice medicine 
        to a person who meets the requirements in paragraphs (a) to (h). 
           (a) An applicant for a license shall file a written 
        application on forms provided by the board, showing to the 
        board's satisfaction that the applicant is of good moral 
        character and satisfies the requirements of this section.  
           (b) The applicant shall present evidence satisfactory to 
        the board of being a graduate of a medical or osteopathic school 
        located in the United States, its territories or Canada, and 
        approved by the board based upon its faculty, curriculum, 
        facilities, accreditation by a recognized national accrediting 
        organization approved by the board, and other relevant data, or 
        is currently enrolled in the final year of study at the school.  
           (c) The applicant must have passed an examination as 
        described in paragraph clause (1) or (2). 
           (1) The applicant must have passed a comprehensive 
        examination for initial licensure prepared and graded by the 
        National Board of Medical Examiners or the Federation of State 
        Medical Boards.  The board shall by rule determine what 
        constitutes a passing score in the examination.  
           (2) The applicant taking the United States Medical 
        Licensing Examination (USMLE) must have passed steps one, two, 
        and three within a seven-year period.  This seven-year period 
        begins when the applicant first passes either step one or two, 
        as applicable.  Applicants actively enrolled in or graduated 
        from accredited MD/PhD, MD/JD, MD/MBA, or MD/MPH dual degree 
        programs or osteopathic equivalents must have passed each of 
        steps one, two, and three within three attempts in seven years 
        plus the time taken to obtain the non-MD degree or ten years, 
        whichever occurs first.  The applicant must pass each of steps 
        one, two, and three with passing scores as recommended by the 
        USMLE program within three attempts.  The applicant taking 
        combinations of Federation of State Medical Boards, National 
        Board of Medical Examiners, and USMLE may be accepted only if 
        the combination is approved by the board as comparable to 
        existing comparable examination sequences and all examinations 
        are completed prior to the year 2000.  
           (d) The applicant shall present evidence satisfactory to 
        the board of the completion of one year of graduate, clinical 
        medical training in a program accredited by a national 
        accrediting organization approved by the board or other graduate 
        training approved in advance by the board as meeting standards 
        similar to those of a national accrediting organization.  
           (e) The applicant shall make arrangements with the 
        executive director to appear in person before the board or its 
        designated representative to show that the applicant satisfies 
        the requirements of this section.  The board may establish as 
        internal operating procedures the procedures or requirements for 
        the applicant's personal presentation.  
           (f) The applicant shall pay a fee established by the board 
        by rule.  The fee may not be refunded.  Upon application or 
        notice of license renewal, the board must provide notice to the 
        applicant and to the person whose license is scheduled to be 
        issued or renewed of any additional fees, surcharges, or other 
        costs which the person is obligated to pay as a condition of 
        licensure.  The notice must: 
           (1) state the dollar amount of the additional costs; and 
           (2) clearly identify to the applicant the payment schedule 
        of additional costs.  
           (g) The applicant must not be under license suspension or 
        revocation by the licensing board of the state or jurisdiction 
        in which the conduct that caused the suspension or revocation 
        occurred.  
           (h) The applicant must not have engaged in conduct 
        warranting disciplinary action against a licensee, or have been 
        subject to disciplinary action other than as specified in 
        paragraph (g).  If the applicant does not satisfy the 
        requirements stated in this paragraph, the board may issue a 
        license only on the applicant's showing that the public will be 
        protected through issuance of a license with conditions and 
        limitations the board considers appropriate. 
           Sec. 2.  Minnesota Statutes 1998, section 147.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ENDORSEMENT; RECIPROCITY.] (a) The board 
        may issue a license to practice medicine to any person who 
        satisfies the requirements in paragraphs (b) to (f).  
           (b) The applicant shall satisfy all the requirements 
        established in section 147.02, subdivision 1, paragraphs (a), 
        (b), (d), (e), and (f).  
           (c) The applicant shall: 
           (1) within ten years prior to application have passed an 
        examination prepared and graded by the Federation of State 
        Medical Boards, the National Board of Medical Examiners, or the 
        United States Medical Licensing Examination program, in 
        accordance with section 147.02, subdivision 1, paragraph (c), 
        clause (2); the National Board of Osteopathic Examiners,; or the 
        Medical Council of Canada; or and 
           (2) have a current license from the equivalent licensing 
        agency in another state or Canada and, if the examination in 
        clause (1) was passed more than ten years ago, either: 
           (i) pass the Special Purpose Examination of the Federation 
        of State Medical Boards with a score of 75 or better within 
        three attempts; or 
           (ii) have a current certification by a specialty board of 
        the American Board of Medical Specialties, of the American 
        Osteopathic Association Bureau of Professional Education, or of 
        the Royal College of Physicians and Surgeons of Canada. 
           (d) The applicant shall pay a fee established by the board 
        by rule.  The fee may not be refunded.  
           (e) The applicant must not be under license suspension or 
        revocation by the licensing board of the state or jurisdiction 
        in which the conduct that caused the suspension or revocation 
        occurred. 
           (f) The applicant must not have engaged in conduct 
        warranting disciplinary action against a licensee, or have been 
        subject to disciplinary action other than as specified in 
        paragraph (e).  If an applicant does not satisfy the 
        requirements stated in this paragraph, the board may issue a 
        license only on the applicant's showing that the public will be 
        protected through issuance of a license with conditions or 
        limitations the board considers appropriate. 
           Sec. 3.  Minnesota Statutes 1998, section 147.037, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS.] The board shall issue a 
        license to practice medicine to any person who satisfies the 
        requirements in paragraphs (a) to (g). 
           (a) The applicant shall satisfy all the requirements 
        established in section 147.02, subdivision 1, paragraphs (a), 
        (e), (f), (g), and (h).  
           (b) The applicant shall present evidence satisfactory to 
        the board that the applicant is a graduate of a medical or 
        osteopathic school approved by the board as equivalent to 
        accredited United States or Canadian schools based upon its 
        faculty, curriculum, facilities, accreditation, or other 
        relevant data.  
           (c) The applicant shall present evidence satisfactory to 
        the board that the applicant has been awarded a certificate by 
        the educational council for foreign medical graduates, and the 
        applicant has a working ability in the English language 
        sufficient to communicate with patients and physicians and to 
        engage in the practice of medicine.  
           (d) The applicant shall present evidence satisfactory to 
        the board of the completion of two years of graduate, clinical 
        medical training in a program located in the United States, its 
        territories, or Canada and accredited by a national accrediting 
        organization approved by the board.  This requirement does not 
        apply: 
           (1) to an applicant who is admitted as a permanent 
        immigrant to the United States on or before October 1, 1991, as 
        a person of exceptional ability in the sciences according to 
        Code of Federal Regulations, title 20, section 656.22(d); 
           (2) to an applicant holding a valid license to practice 
        medicine in another country and issued a permanent immigrant 
        visa after October 1, 1991, as a person of extraordinary ability 
        in the field of science or as an outstanding professor or 
        researcher according to Code of Federal Regulations, title 8, 
        section 204.5(h) and (i), or a temporary nonimmigrant visa as a 
        person of extraordinary ability in the field of science 
        according to Code of Federal Regulations, title 8, section 
        214.2(o), 
        provided that a person under clause (1) or (2) is admitted 
        pursuant to rules of the United States Department of Labor; or 
        meeting standards similar to those of a national accrediting 
        organization; or 
           (3) to an applicant who is licensed in another state, has 
        practiced five years without disciplinary action in the United 
        States, its territories, or Canada, has completed one year of 
        the graduate, clinical medical training required by this 
        paragraph, and has passed the Special Purpose Examination of the 
        Federation of State Medical Boards within three attempts in the 
        24 months before licensing. 
           (e) The applicant must:  
           (1) within ten years prior to application have passed an 
        examination prepared and graded by the Federation of State 
        Medical Boards, the United States Medical Licensing Examination 
        program in accordance with section 147.02, subdivision 1, 
        paragraph (c), clause (2), or the Medical Council of Canada; or 
        and 
           (2) have a current license from the equivalent licensing 
        agency in another state or Canada; country and, if the 
        examination in clause (1) was passed more than ten years ago, 
        either: 
           (i) pass the Special Purpose Examination of the Federation 
        of State Medical Boards with a score of 75 or better within 
        three attempts; or 
           (ii) have a current certification by a specialty board of 
        the American Board of Medical Specialties, of the American 
        Osteopathic Association Bureau of Professional Education, of the 
        Royal College of Physicians and Surgeons of Canada, or of the 
        College of Family Physicians of Canada. 
           (f) The applicant must not be under license suspension or 
        revocation by the licensing board of the state or jurisdiction 
        in which the conduct that caused the suspension or revocation 
        occurred.  
           (g) The applicant must not have engaged in conduct 
        warranting disciplinary action against a licensee, or have been 
        subject to disciplinary action other than as specified in 
        paragraph (f).  If an applicant does not satisfy the 
        requirements stated in this paragraph, the board may issue a 
        license only on the applicant's showing that the public will be 
        protected through issuance of a license with conditions or 
        limitations the board considers appropriate. 
           Sec. 4.  Minnesota Statutes 1998, section 147B.02, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXCEPTIONS.] (a) The following persons may 
        practice acupuncture within the scope of their practice without 
        an acupuncture license: 
           (1) a physician licensed under chapter 147; 
           (2) an osteopath licensed under chapter 147; 
           (3) a chiropractor licensed under chapter 148; 
           (4) a person who is studying in a formal course of study or 
        tutorial intern program approved by the acupuncture advisory 
        council established in section 147B.05 so long as the person's 
        acupuncture practice is supervised by a licensed 
        acupuncturist or a person who is exempt under clause (5); 
           (5) a visiting acupuncturist practicing acupuncture within 
        an instructional setting for the sole purpose of teaching at a 
        school registered with the Minnesota higher education services 
        office, who may practice without a license for a period of one 
        year, with two one-year extensions permitted; and 
           (6) a visiting acupuncturist who is in the state for the 
        sole purpose of providing a tutorial or workshop not to exceed 
        30 days in one calendar year. 
           (b) This chapter does not prohibit a person who does not 
        have an acupuncturist license from practicing specific 
        noninvasive techniques, such as acupressure, that are within the 
        scope of practice as set forth in section 147B.06, subdivision 4.
           Sec. 5.  Minnesota Statutes 1998, section 147B.02, 
        subdivision 9, is amended to read: 
           Subd. 9.  [RENEWAL.] (a) To renew a license an applicant 
        must: 
           (1) annually, or as determined by the board, complete a 
        renewal application on a form provided by the board; 
           (2) submit the renewal fee; 
           (3) provide evidence annually of one hour of continuing 
        education in the subject of infection control, including blood 
        borne pathogen diseases; 
           (4) provide documentation of current and active NCCAOM 
        certification; or 
           (5) if licensed under subdivision 5 or 6, meet one-half the 
        then current same NCCAOM professional development activity 
        requirements as those licensed under subdivision 7. 
           (b) An applicant shall submit any additional information 
        requested by the board to clarify information presented in the 
        renewal application.  The information must be submitted within 
        30 days after the board's request, or the renewal request is 
        nullified. 
           Sec. 6.  Minnesota Statutes 1998, section 147B.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADMINISTRATION; COMPENSATION; REMOVAL; QUORUM.] 
        The advisory council is governed by section 15.059, except that 
        the council does not expire until June 30, 1999 2003. 
           Sec. 7.  Minnesota Statutes 1998, section 148.7808, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TEMPORARY REGISTRATION.] (a) The board may issue 
        a temporary registration as an athletic trainer to qualified 
        applicants.  A temporary registration is issued for one year.  
        An athletic trainer with a temporary registration may qualify 
        for full registration after submission of verified documentation 
        that the athletic trainer has achieved a qualifying score on a 
        credentialing examination within one year after the date of the 
        temporary registration.  Temporary registration may not be 
        renewed.  
           (b) Except as provided in subdivision 3, paragraph (a), 
        clause (1), an applicant for temporary registration must submit 
        the application materials and fees for registration required 
        under subdivision 1, clauses (1) to (8) and (10) to (12). 
           (c) An athletic trainer with a temporary registration shall 
        work only under the direct supervision of an athletic trainer 
        registered under this section.  No more than four athletic 
        trainers with temporary registrations shall work under the 
        direction of a registered athletic trainer.  
           Sec. 8.  Minnesota Statutes 1998, section 148.7808, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REGISTRATION; TRANSITION PERIOD TEMPORARY 
        PERMIT.] (a) For two years after the effective date of sections 
        148.7801 to 148.7815, an applicant who has not completed an 
        accredited or approved education program and is not certified by 
        the National Athletic Trainers Association, the Board of 
        Certification, or other national accrediting organization 
        approved by the board, may qualify for registration.  The board 
        shall notify potential applicants of the effective date of 
        sections 148.7801 to 148.7815 and the final date for submitting 
        an application for registration during this transition period.  
        Applications for registration under this subdivision shall not 
        be accepted after the expiration date of the two-year period.  
           (b) An applicant for registration during the transition 
        period must: 
           (1) submit an application and fees required under 
        subdivision 1, clauses (1) and (3) to (12); 
           (2) submit documentation from a licensed medical physician 
        verifying the athletic training services provided by the 
        applicant and that the applicant has been employed in athletic 
        training for no less than 21 hours per week for four of the five 
        years immediately preceding the application; and 
           (3) achieve a qualifying score on the written examination 
        of the National Athletic Trainers Association Board of 
        Certification during the two-year transition period.  The board 
        may issue a temporary permit to practice as an athletic trainer 
        to an applicant eligible for registration under this section if 
        the application for registration is complete, all applicable 
        requirements in this section have been met, and a nonrefundable 
        fee set by the board has been paid.  The permit remains valid 
        only until the meeting of the board at which a decision is made 
        on the athletic trainer's application for registration. 
           Sec. 9.  Minnesota Statutes 1998, section 148.7815, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION FEE FEES.] The fee for 
        registration under section 148.7808 and annual renewal under 
        section 148.7809 is $100. board shall establish fees as follows: 
           (1) application fee, $50; 
           (2) annual registration fee, $100; 
           (3) temporary registration, $100; and 
           (4) temporary permit, $50.  
           Sec. 10.  Minnesota Statutes 1998, section 148.7815, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PRORATION OF FEES.] The board shall may prorate 
        the fees initial annual fee for registration under section 
        148.7808 as follows:. 
           (1) applicants for initial registration between July 1 and 
        December 31 shall pay the full registration fee; and 
           (2) applicants for initial registration between January 1 
        and June 30 shall pay one-half the registration fee.  Athletic 
        trainers registered under section 148.7808 are required to pay 
        the full fee upon registration renewal. 
           Presented to the governor April 8, 1999 
           Signed by the governor April 12, 1999, 2:06 p.m.