A bill for an act
relating to health; modifying licensure requirements for the practice of medicine
and acupuncture; strengthening forms of disciplinary action for physicians and
physician's assistants; repealing professional corporation rules; amending Minnesota
Statutes 2020, sections 147.03, subdivision 1; 147.037, subdivision 1; 147A.16;
147B.02, subdivision 7; Minnesota Statutes 2021 Supplement, section 147.141;
repealing Minnesota Rules, parts 5610.0100; 5610.0200; 5610.0300.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, 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 (e).

(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 (USMLE) program in accordance with section 147.02, subdivision 1, paragraph
(c), clause (2); the National Board of Osteopathic Medical 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 deleted text beginwith
a score of 75 or better
deleted text end new text begin(SPEX) new text endwithin three attempts; or

(ii) have a current certification by a specialty board of the American Board of Medical
Specialties, of the American Osteopathic Association, the Royal College of Physicians and
Surgeons of Canada, or of the College of Family Physicians of Canada; or

(3) if the applicant fails to meet the requirement established in section 147.02, subdivision
1, paragraph (c), clause (2), because the applicant failed to pass new text beginwithin the required three
attempts
new text endeach of steps new text beginor levels new text endone, two, and three of the USMLE deleted text beginwithin the required three
attempts
deleted text endnew text begin or the Comprehensive Osteopathic Medical Licensing Examination
(COMLEX-USA)
new text end, the applicant may be granted a license provided the applicant:

(i) has passed each of steps new text beginor levels new text endone, two, and three new text beginwithin no more than four attempts
for any of the three steps or levels
new text endwith passing scores as recommended by the USMLE new text beginor
COMLEX-USA
new text endprogram deleted text beginwithin no more than four attempts for any of the three stepsdeleted text end;

(ii) is currently licensed in another state; and

(iii) has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association deleted text beginBureau of Professional Educationdeleted text end, the
Royal College of Physicians and Surgeons of Canada, or the College of Family Physicians
of Canada.

(d) 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.

(e) The applicant must not have engaged in conduct warranting disciplinary action against
a licenseedeleted text begin,deleted text end or have been subject to disciplinary action other than as specified in paragraph
(d). 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.

(f) Upon the request of an applicant, the board may conduct the final interview of the
applicant by teleconference.

Sec. 2.

Minnesota Statutes 2020, 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. 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
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. This requirement does not applynew text begin to an applicant who is admitted pursuant to
the rules of the United States Department of Labor and
new text end:

(1) deleted text beginto an applicantdeleted text end who deleted text beginisdeleted text endnew text begin wasnew text end 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); or

(2) deleted text beginto an applicant holdingdeleted text endnew text begin who holdsnew text end a valid license to practice medicine in another
country and new text beginwas new text endissued 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)deleted text begin,deleted text endnew text begin.
new text end

deleted text begin provided that a person under clause (1) or (2) is admitted pursuant to rules of the United
States Department of Labor.
deleted text end

(e) The applicant must:

(1) have passed an examination prepared and graded by the Federation of State Medical
Boards, the United States Medical Licensing Examinationnew text begin (USMLE)new text end program in accordance
with section 147.02, subdivision 1, paragraph (c), clause (2), or the Medical Council of
Canada; and

(2) 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 deleted text beginwith
a score of 75 or better within three attempts
deleted text endnew text begin (SPEX) or the Comprehensive Osteopathic
Medical Variable-Purpose Examination of the National Board of Osteopathic Medical
Examiners (COMVEX). The applicant must pass the SPEX or COMVEX within no more
than three attempts of taking the SPEX, COMVEX, or a combination of the SPEX and
COMVEX
new text end; or

(ii) have a current certification by a specialty board of the American Board of Medical
Specialties, deleted text beginofdeleted text end the American Osteopathic Association, deleted text beginofdeleted text end the Royal College of Physicians
and Surgeons of Canada, or deleted text beginofdeleted text end the College of Family Physicians of Canada; or

(3) if the applicant fails to meet the requirement established in section 147.02, subdivision
1, paragraph (c), clause (2), because the applicant failed to pass new text beginwithin the required three
attempts
new text endeach of steps new text beginor levels new text endone, two, and three of the USMLE deleted text beginwithin the required three
attempts
deleted text endnew text begin or the Comprehensive Osteopathic Medical Licensing Examination
(COMLEX-USA)
new text end, the applicant may be granted a license provided the applicant:

(i) has passed each of steps new text beginor levels new text endone, two, and three new text beginwithin no more than four attempts
for any of the three steps or levels
new text endwith passing scores as recommended by the USMLE new text beginor
COMLEX-USA
new text endprogram deleted text beginwithin no more than four attempts for any of the three stepsdeleted text end;

(ii) is currently licensed in another state; and

(iii) has current certification by a specialty board of the American Board of Medical
Specialties, the American Osteopathic Association, the Royal College of Physicians and
Surgeons of Canada, or 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 licenseedeleted text begin,deleted text end 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.