1.1                          A bill for an act 
  1.2             relating to health; clarifying definitions and license 
  1.3             requirements for podiatric medicine; amending 
  1.4             Minnesota Statutes 2002, sections 153.01, subdivision 
  1.5             2; 153.16, subdivisions 1, 2; 153.19, subdivision 1; 
  1.6             153.24, subdivision 4; 153.25, subdivision 1; 
  1.7             repealing Minnesota Rules, parts 6900.0020, subparts 
  1.8             3, 3a, 9, 10; 6900.0400. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 153.01, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [PODIATRIC MEDICINE.] "Podiatric medicine" means 
  1.13  the diagnosis or medical, mechanical, or surgical treatment of 
  1.14  the ailments of the human hand, foot, ankle, and the soft tissue 
  1.15  of the lower leg distal to the tibial tuberosity, including.  
  1.16  Medical or surgical treatment includes partial foot 
  1.17  amputation of the toe, but not including and excludes amputation 
  1.18  of the foot, hand, or fingers, or the.  Use of local 
  1.19  anesthetics is within the scope of medical and surgical 
  1.20  management in patient care.  Use of anesthetics, other than 
  1.21  local anesthetics, is excluded, except as provided in section 
  1.22  153.26.  Podiatric medicine includes the prescribing or 
  1.23  recommending of appliances, devices, or shoes for the correction 
  1.24  or relief of foot ailments.  Podiatric medicine includes the 
  1.25  prescribing or administering of any drugs or medications 
  1.26  necessary or helpful to the practice of podiatry podiatric 
  1.27  medicine as defined by this subdivision, provided, however, that 
  2.1   licensed podiatrists shall be restricted in their prescribing or 
  2.2   administering of any drugs or medications by the limitations 
  2.3   imposed on the scope of practice of podiatric medicine as 
  2.4   defined in this chapter.  Podiatric medicine includes the 
  2.5   performance of all or part of the medical history or physical 
  2.6   examination for the purpose of hospital admission for podiatric 
  2.7   management or preoperative podiatric surgery. 
  2.8      Sec. 2.  Minnesota Statutes 2002, section 153.16, 
  2.9   subdivision 1, is amended to read: 
  2.10     Subdivision 1.  [LICENSE REQUIREMENTS.] The board shall 
  2.11  issue a license to practice podiatric medicine to a person who 
  2.12  meets the following requirements:  
  2.13     (a) The applicant for a license shall file a written 
  2.14  notarized application on forms provided by the board, showing to 
  2.15  the board's satisfaction that the applicant is of good moral 
  2.16  character and satisfies the requirements of this section.  
  2.17     (b) The applicant shall present evidence satisfactory to 
  2.18  the board of being a graduate of a podiatric medical school 
  2.19  approved by the board based upon its faculty, curriculum, 
  2.20  facilities, accreditation by a recognized national accrediting 
  2.21  organization approved by the board, and other relevant factors. 
  2.22     (c) The applicant must have passed an examination received 
  2.23  a passing score on each part of the national board examinations, 
  2.24  parts one and two, prepared and graded by the National Board of 
  2.25  Podiatric Medical Examiners and also pass a state clinical 
  2.26  examination prepared and graded by the state Board of Podiatric 
  2.27  Medicine or a national clinical examination prepared and graded 
  2.28  by the National Board of Podiatric Medical Examiners.  The board 
  2.29  shall by rule determine what score constitutes a passing score 
  2.30  in each examination.  The passing score for each part of the 
  2.31  national board examinations, parts one and two, is as defined by 
  2.32  the National Board of Podiatric Medical Examiners. 
  2.33     (d) Applicants graduating after 1986 from a podiatric 
  2.34  medical school shall present evidence satisfactory to the board 
  2.35  of the completion of (1) one year of graduate, clinical 
  2.36  residency or preceptorship in a program accredited by a national 
  3.1   accrediting organization approved by the board or (2) other 
  3.2   graduate training that meets standards equivalent to those of an 
  3.3   approved national accrediting organization or school of 
  3.4   podiatric medicine.  
  3.5      (e) The applicant shall appear in person before the board 
  3.6   or its designated representative to show that the applicant 
  3.7   satisfies the requirements of this section, including knowledge 
  3.8   of laws, rules, and ethics pertaining to the practice of 
  3.9   podiatric medicine.  The board may establish as internal 
  3.10  operating procedures the procedures or requirements for the 
  3.11  applicant's personal presentation.  
  3.12     (f) The applicant shall pay a fee established by the board 
  3.13  by rule.  The fee shall not be refunded.  
  3.14     (g) The applicant must not have engaged in conduct 
  3.15  warranting disciplinary action against a licensee.  If the 
  3.16  applicant does not satisfy the requirements of this paragraph, 
  3.17  the board may refuse to issue a license unless it determines 
  3.18  that the public will be protected through issuance of a license 
  3.19  with conditions and limitations the board considers appropriate. 
  3.20     (h) Upon payment of a fee as the board may require, an 
  3.21  applicant who fails to pass an examination and is refused a 
  3.22  license is entitled to reexamination within one year of the 
  3.23  board's refusal to issue the license.  No more than two 
  3.24  reexaminations are allowed without a new application for a 
  3.25  license. 
  3.26     Sec. 3.  Minnesota Statutes 2002, section 153.16, 
  3.27  subdivision 2, is amended to read: 
  3.28     Subd. 2.  [APPLICANTS LICENSED IN ANOTHER STATE.] The board 
  3.29  shall issue a license to practice podiatric medicine to any 
  3.30  person currently or formerly licensed to practice podiatric 
  3.31  medicine in another state who satisfies the requirements of this 
  3.32  section: 
  3.33     (a) The applicant shall satisfy the requirements 
  3.34  established in subdivision 1.  
  3.35     (b) The applicant shall present evidence satisfactory to 
  3.36  the board indicating the current status of a license to practice 
  4.1   podiatric medicine issued by the proper agency in another state 
  4.2   or country first state of licensure and all other states and 
  4.3   countries in which the individual has held a license. 
  4.4      (c) If the applicant must not have has had a license 
  4.5   revoked, engaged in conduct warranting disciplinary action 
  4.6   against a licensee the applicant's license, or been subjected to 
  4.7   disciplinary action, in another state.  If an applicant does not 
  4.8   satisfy the requirements of this paragraph, the board may refuse 
  4.9   to issue a license unless it determines that the public will be 
  4.10  protected through issuance of a license with conditions or 
  4.11  limitations the board considers appropriate.  
  4.12     (d) The applicant shall submit with the license application 
  4.13  the following additional information for the five-year period 
  4.14  preceding the date of filing of the application:  (1) the name 
  4.15  and address of the applicant's professional liability insurer in 
  4.16  the other state; and (2) the number, date, and disposition of 
  4.17  any podiatric medical malpractice settlement or award made to 
  4.18  the plaintiff relating to the quality of podiatric medical 
  4.19  treatment. 
  4.20     (e) If the license is active, the applicant shall submit 
  4.21  with the license application evidence of compliance with the 
  4.22  continuing education requirements in the current state of 
  4.23  licensure. 
  4.24     (f) If the license is inactive, the applicant shall submit 
  4.25  with the license application evidence of participation in 
  4.26  one-half the number of hours of acceptable continuing education 
  4.27  required for biennial renewal, as specified under Minnesota 
  4.28  Rules, up to five years.  If the license has been inactive for 
  4.29  more than two years, the amount of acceptable continuing 
  4.30  education required must be obtained during the two years 
  4.31  immediately before application or the applicant must provide 
  4.32  other evidence as the board may reasonably require. 
  4.33     Sec. 4.  Minnesota Statutes 2002, section 153.19, 
  4.34  subdivision 1, is amended to read: 
  4.35     Subdivision 1.  [GROUNDS LISTED.] The board may refuse to 
  4.36  grant a license or may impose disciplinary action as described 
  5.1   in this section against any doctor of podiatric medicine.  The 
  5.2   following conduct is prohibited and is grounds for disciplinary 
  5.3   action: 
  5.4      (1) failure to demonstrate the qualifications or satisfy 
  5.5   the requirements for a license contained in this chapter or 
  5.6   rules of the board; the burden of proof shall be upon the 
  5.7   applicant to demonstrate the qualifications or satisfaction of 
  5.8   the requirements; 
  5.9      (2) obtaining a license by fraud or cheating or attempting 
  5.10  to subvert the licensing examination process; 
  5.11     (3) conviction, during the previous five years, of a felony 
  5.12  reasonably related to the practice of podiatric medicine; 
  5.13     (4) revocation, suspension, restriction, limitation, or 
  5.14  other disciplinary action against the person's podiatric medical 
  5.15  license in another state or jurisdiction, failure to report to 
  5.16  the board that charges regarding the person's license have been 
  5.17  brought in another state or jurisdiction, or having been refused 
  5.18  a license by any other state or jurisdiction; 
  5.19     (5) advertising that is false or misleading; 
  5.20     (6) violating a rule adopted by the board or an order of 
  5.21  the board, a state, or federal law that relates to the practice 
  5.22  of podiatric medicine, or in part regulates the practice of 
  5.23  podiatric medicine, or a state or federal narcotics or 
  5.24  controlled substance law; 
  5.25     (7) engaging in any unethical conduct; conduct likely to 
  5.26  deceive, defraud, or harm the public, or demonstrating a willful 
  5.27  or careless disregard for the health, welfare, or safety of a 
  5.28  patient; or podiatric medical practice that is professionally 
  5.29  incompetent, in that it may create unnecessary danger to any 
  5.30  patient's life, health, or safety, in any of which cases, proof 
  5.31  of actual injury need not be established; 
  5.32     (8) failure to supervise a preceptor or, resident, other 
  5.33  graduate trainee, or undergraduate student; 
  5.34     (9) aiding or abetting an unlicensed person in the practice 
  5.35  of podiatric medicine, except that it is not a violation of this 
  5.36  clause for a podiatrist to employ, supervise, or delegate 
  6.1   functions to a qualified person who may or may not be required 
  6.2   to obtain a license or registration to provide health services 
  6.3   if that person is practicing within the scope of that person's 
  6.4   license or registration or delegated authority; 
  6.5      (10) adjudication as mentally incompetent, or a person who 
  6.6   is mentally ill, or as a chemically dependent person, a person 
  6.7   dangerous to the public, a sexually dangerous person, or a 
  6.8   person who has a sexual psychopathic personality by a court of 
  6.9   competent jurisdiction, within or without this state; 
  6.10     (11) engaging in unprofessional conduct that includes any 
  6.11  departure from or the failure to conform to the minimal 
  6.12  standards of acceptable and prevailing podiatric medical 
  6.13  practice, but actual injury to a patient need not be 
  6.14  established; 
  6.15     (12) inability to practice podiatric medicine with 
  6.16  reasonable skill and safety to patients by reason of illness or 
  6.17  chemical dependency or as a result of any mental or physical 
  6.18  condition, including deterioration through the aging process or 
  6.19  loss of motor skills; 
  6.20     (13) revealing a privileged communication from or relating 
  6.21  to a patient except when otherwise required or permitted by law; 
  6.22     (14) improper management of medical records, including 
  6.23  failure to maintain adequate medical records, to comply with a 
  6.24  patient's request made under section 144.335 or to furnish a 
  6.25  medical record or report required by law; 
  6.26     (15) accepting, paying, or promising to pay a part of a fee 
  6.27  in exchange for patient referrals; 
  6.28     (16) engaging in abusive or fraudulent billing practices, 
  6.29  including violations of the federal Medicare and Medicaid laws 
  6.30  or state medical assistance laws; 
  6.31     (17) becoming addicted or habituated to a drug or 
  6.32  intoxicant; 
  6.33     (18) prescribing a drug for other than medically accepted 
  6.34  therapeutic or experimental or investigative purposes authorized 
  6.35  by a state or federal agency; 
  6.36     (19) engaging in sexual conduct with a patient or conduct 
  7.1   that may reasonably be interpreted by the patient as sexual, or 
  7.2   in verbal behavior which is seductive or sexually demeaning to a 
  7.3   patient; 
  7.4      (20) failure to make reports as required by section 153.24 
  7.5   or to cooperate with an investigation of the board as required 
  7.6   by section 153.20; 
  7.7      (21) knowingly providing false or misleading information 
  7.8   that is directly related to the care of that patient unless done 
  7.9   for an accepted therapeutic purpose such as the administration 
  7.10  of a placebo. 
  7.11     Sec. 5.  Minnesota Statutes 2002, section 153.24, 
  7.12  subdivision 4, is amended to read: 
  7.13     Subd. 4.  [INSURERS.] Four times a year as prescribed by 
  7.14  the board, by the first day of the months of February, May, 
  7.15  August, and November of each year, each insurer authorized to 
  7.16  sell insurance described in section 60A.06, subdivision 1, 
  7.17  clause (13), and providing professional liability insurance to 
  7.18  podiatrists shall submit to the board a report concerning the 
  7.19  podiatrists against whom podiatric medical malpractice 
  7.20  settlements or awards have been made to the plaintiff.  The 
  7.21  report must contain at least the following information:  
  7.22     (1) the total number of podiatric malpractice settlements 
  7.23  or awards made to the plaintiff; 
  7.24     (2) the date the podiatric malpractice settlements or 
  7.25  awards to the plaintiff were made; 
  7.26     (3) the allegations contained in the claim or complaint 
  7.27  leading to the settlements or awards made to the plaintiff; 
  7.28     (4) the dollar amount of each podiatric malpractice 
  7.29  settlement or award; 
  7.30     (5) the regular address of the practice of the podiatrist 
  7.31  against whom an award was made or with whom a settlement was 
  7.32  made; and 
  7.33     (6) the name of the podiatrist against whom an award was 
  7.34  made or with whom a settlement was made.  
  7.35     The insurance company shall, in addition to the foregoing 
  7.36  information, report to the board any information it has that 
  8.1   tends to substantiate a charge that a podiatrist may have 
  8.2   engaged in conduct violating the law as specified in this 
  8.3   chapter.  
  8.4      Sec. 6.  Minnesota Statutes 2002, section 153.25, 
  8.5   subdivision 1, is amended to read: 
  8.6      Subdivision 1.  [REPORTING.] Any person, health care 
  8.7   facility, business, or organization is immune from civil 
  8.8   liability or criminal prosecution for submitting a report to the 
  8.9   board under section 153.24 or for otherwise reporting to the 
  8.10  board violations or alleged violations of section 
  8.11  153.19.  Reports are confidential data on individuals under 
  8.12  section 13.02, subdivision 3, and are privileged communications. 
  8.13     Sec. 7.  [REPEALER.] 
  8.14     Minnesota Rules, parts 6900.0020, subparts 3, 3a, 9, and 
  8.15  10; and 6900.0400, are repealed.