Minnesota Rules — Medical Practice Board

Chapter 5600 LICENSURE AND REGISTRATION

Minn. R. 5600.0100 Definitions

Subpart 1. Scope.

As used in Minnesota Statutes, chapter 147, and Minnesota Statutes, sections 148.65 to 148.78, inclusive, the terms herein defined shall have the following meanings.

Subp. 2. Anesthetics.

"Anesthetics," as used in Minnesota Statutes, section 147.031, subdivision 2, shall mean and include any agent used to produce topical, local, or general anesthesia. Such agents shall include, but shall not be limited to, the following: cyclopropane, ether, ethylene, chloroform, pentothal, barbiturates, nitrous oxide, cocaine, procaine, or any other agent intended to produce a like effect.

Subp. 3. Antidote.

"Antidote," as used in Minnesota Statutes, section 147.031, subdivision 2, shall mean any agent used to counteract the effects of a poison.

Subp. 4. Antiseptics.

"Antiseptics," as used in Minnesota Statutes, section 147.031, subdivision 2, shall mean any chemical or biological agent used to destroy or inhibit the growth and development in living tissue of microorganisms, and includes, but shall not be limited to, antiseptic agents defined as such in the official United States Pharmacopoeia, or registered and regulated for distribution under United States Code, title 21, sections 351 to 357, inclusive.

Subp. 5. Board.

The "board," as used in these rules, shall mean the Minnesota Board of Medical Practice.

Subp. 6. Chemicals.

"Chemicals," as used in Minnesota Statutes, section 147.091, subdivision 1, clause (l), shall have the meaning ascribed to the term "controlled substance" in Minnesota Statutes, chapter 152, and in addition thereto shall include distilled spirits, wine, malt beverages, and intoxicating liquors.

Subp. 7. Disease.

"Disease," as used in Minnesota Statutes, section 147.081, shall mean and include any disorder, impairment, or infirmity in mental or physical capacity or in the physical, structural, or functional organization or character of any bodily organ or system.

Subp. 8. Drugs.

"Drugs," as used in Minnesota Statutes, section 147.091, subdivision 1, clause (l), shall have the meaning ascribed to that term in Minnesota Statutes, chapter 152.

Subp. 9. Examining committee.

The "examining committee," as used in these rules, shall mean the Physical Therapy Council created by Minnesota Statutes, section 148.67.

Subp. 10. Medicine.

"Medicine," as used in Minnesota Statutes, section 147.081, shall mean and include any substance or agent which is:

A. intended for use or used in the diagnosis, treatment, prevention, mitigation, or cure of any disease, bodily injury, or infirmity; or

B. intended to affect or does affect the structure or function of any bodily organ or system, whether the intended or actual effect of such substance or agent is at or remote from the site of administration. Except as otherwise expressly authorized by law, any person who for a fee prescribes, directs, or recommends for the use of any person any medicine, as herein defined, shall be deemed to be practicing medicine within the meaning of Minnesota Statutes, section 147.081.

Subp. 11. Minor surgery.

"Minor surgery," as used in Minnesota Statutes, section 147.031, subdivision 2, relating to the practice of osteopathic medicine shall be construed to include all surgical procedures excepting: those involved in incision for the opening of a natural body cavity, open reduction of bone fractures, the amputation of an extremity or an appendage, the removal of any gland or organ or part thereof, or any plastic surgery.

Subp. 12. Narcotics.

"Narcotics," as used in Minnesota Statutes, sections 147.091, subdivision 1, clause (l) and 147.031, shall have the meaning ascribed to the term "narcotic drug" in Minnesota Statutes, chapter 152.

History

• Statutory Authority: MS s 147.01
• History: L 1991 c 106 s 6; L 2016 c 119 s 7

Minn. R. 5600.0200 Application for Licensure to Practice Medicine and Surgery

Subpart 1. Filing; date and place of examination.

An application for admission to a licensing examination as provided in Minnesota Statutes, section 147.02 shall be filed with the board as hereinafter prescribed. If the board finds that the application is complete and that all of the requirements of Minnesota Statutes, section 147.02 and of these rules have been met, it shall advise the applicant of the date and place of the examination.

Subp. 2. Form and content.

The application must be submitted on forms prepared by the board and must include the following information:

A. If the applicant is a graduate of a medical or osteopathic college approved by the board, an original or certified copy of the diploma from the medical or osteopathic college, indicating that the applicant has satisfactorily completed a course of study acceptable to the board and that he or she has received from the college the degree of Doctor of Medicine or Doctor of Osteopathic Medicine.

B. If the applicant is currently enrolled in the final year of study at an approved medical or osteopathic college, a transcript of his or her credits, together with evidence, satisfactory to the board, that the applicant has satisfactorily completed the course of study prior to the final year at an approved medical or osteopathic college. Prior to admission to the licensing examination, the applicant shall file with the board the original or certified copy of a diploma from a medical or osteopathic college approved by the board indicating that the applicant has satisfactorily completed a course of study acceptable to the board and that he or she has received from the college the degree of Doctor of Medicine or Doctor of Osteopathic Medicine.

C. A certificate of good moral character signed by two persons licensed to practice medicine and surgery by a recognized and accredited licensing authority within the United States or Canada.

D. An unmounted recent photograph of the applicant with an affidavit on the reverse side of it made by the applicant that the photograph is that of the applicant.

E. Other information as the board deems necessary to evaluate the qualifications of the applicant.

Subp. 3. Additional evidence.

An applicant who has passed the examination prepared and graded by either the Federation of State Medical Boards or the National Board of Medical Examiners shall include in the application, in addition to the information required under subpart 2, evidence satisfactory to the board that within three years before or five years after being granted the degree of Doctor of Medicine (M.D.) or Doctor of Osteopathic Medicine (D.O.), the applicant satisfactorily passed an examination prepared and graded according to Minnesota Statutes, section 147.02.

Subp. 4. Ineligible applicants.

An applicant whose credentials are determined by the board to indicate ineligibility for examination shall be notified of this determination and the grounds for it and may be granted a hearing on this determination under part 5615.0300 by filing a statement of issues with the board within 20 days after receipt of the notice from the board. After the hearing the board shall notify the applicant in writing of its decision.

Subp. 5. Evidence of training.

An applicant who has satisfactorily completed the licensing examination, and who has fulfilled all the requirements of Minnesota Statutes, chapter 147, and this chapter, shall be considered by the board for licensure to practice medicine and surgery upon submitting to the board evidence satisfactory to the board that the applicant has satisfactorily completed either one year of graduate training in an institution in the United States or Canada approved for internship or graduate training by the board or other graduate training approved by the board.

Subp. 6. Filing deadline.

Applications for examination must be fully completed and forwarded to the secretary of the board, postmarked not later than 30 days before the date of examination.

Subp. 7.

[Repealed by amendment, 8 SR 2573]

History

• Statutory Authority: MS s 147.01; 147.02
• History: 8 SR 2573; L 2016 c 119 s 7

Minn. R. 5600.0300 Conduct During Examinations

Licensing examinations administered by the board shall be conducted in accordance with the following rules, and any candidate violating such rules may be dismissed and barred from taking the examination, or may be otherwise disciplined.

A. During the written examination no applicant shall communicate with any other person in any way except with the express permission of the person or persons conducting the examination.

B. An applicant shall not bring books or help of any kind into the examination room.

History

• Statutory Authority: MS s 147.01

Minn. R. 5600.0400 Examination Retaking, Passing Scores, and Sittings

Subpart 1. Federation licensing examination passing scores.

For examinations taken before June 1, 1985, a Federation Licensing Examination weighted average score of 75.0 shall be the passing score on examinations prepared and graded by the Federation of State Medical Boards of the United States. The latest weighted average score shall be the only weighted average score considered by the board. For examinations taken after June 1, 1985, the passing score on examinations prepared and graded by the Federation of State Medical Boards of the United States shall be a score of 75.0 on each component of the examination. The latest score for each component shall be the only one considered by the board except as provided in subpart 4.

Subp. 2. Examination sittings.

Except as provided in subpart 4, each administration of the Federation Licensing Examination constitutes a sitting by the applicant whether the applicant takes one or more examination components in the examination administration. An applicant may take the number of sittings allowed in items A and B.

A. After June 1, 1985, an applicant who has not received a passing score on one or both components of the Federation Licensing Examination may complete up to five sittings of the examination before January 1, 1991, to obtain a passing score on both components of the examination. No additional sittings for the Federation Licensing Examination are permitted by the board after January 1, 1991, if the applicant has had three or more sittings as of January 1, 1991. After January 1, 1991, an applicant may take the Federation Licensing Examination components in separate sittings subject to subpart 3.

B. After January 1, 1991, an applicant not receiving a passing score on each component of the Federation Licensing Examination within three sittings shall not be eligible for licensure by the board nor permitted additional examination sittings.

Subp. 3. Retaking of examinations.

An applicant who did not receive a passing weighted average score before June 1, 1985, must retake the entire Federation Licensing Examination.

An applicant who did not receive a passing score of 75.0 on a component of the Federation Licensing Examination after June 1, 1985, may either retake the entire examination and obtain passing scores on both components or retake the examination component for which the applicant did not receive a passing score and obtain a passing score on that examination component.

Subp. 4. Licensure eligibility exception.

Applicants who were not eligible for licensure after June 1, 1985, because their Federation Licensing Examination passing scores were obtained in two but not more than five separate sittings may apply to the board after July 1, 1990, for licensure without retaking and passing an additional component or components of the Federation Licensing Examination.

The application shall be on forms prepared by the board and shall include the information required in part 5600.0200, subpart 2, items A to E, together with the fees described in Minnesota Statutes, section 147.01, subdivision 7.

History

• Statutory Authority: MS s 147.01; 147.02; 147.03
• History: 15 SR 336; L 2017 1Sp6 art 11 s 56

Minn. R. 5600.0500 Report and Notification of Results

Upon receipt of the results of the examination, the board shall prepare a report thereon and shall consider the report at its next meeting. The secretary of the board shall notify the applicant of the action of the board on the application and examination.

History

• Statutory Authority: MS s 147.01
• History: 17 SR 1279

Minn. R. 5600.0600 License by Reciprocity to Practice Medicine and Surgery

Subpart 1. Who may apply.

An application for a license to practice medicine and surgery by reciprocity without a written examination according to Minnesota Statutes, section 147.03, may be made by an applicant having a valid license to practice issued by the proper agency in another state who has received a passing score from the Federation of State Medical Boards of the United States pursuant to part 5600.0400 or who has passed a licensing examination of another state with a grade average score of 75 or higher.

Subp. 2. Submission and contents of application.

The application must be submitted on forms prepared by the board and must include the following information:

A. An original or certified copy of the applicant's then current license originally obtained by examination, together with evidence at the time of submission that the license is in good standing.

B. An original or certified copy of a diploma from a medical or osteopathic college accredited by the board, indicating that the applicant has satisfactorily completed a course of study acceptable to the board, and that he or she has received from the college the degree of Doctor of Medicine or Doctor of Osteopathic Medicine.

C. Evidence satisfactory to the board that the applicant has satisfactorily completed either one year of graduate training in an institution in the United States or Canada approved for internship or graduate training by the board, or other graduate training approved by the board.

D. If the applicant is a graduate of a foreign medical school, evidence satisfactory to the board that the applicant has been awarded a certificate by the Educational Council for Foreign Medical Graduates, certifying to the applicant's formal education and passage of the ECFMG English test and the ECFMG examination. This evidence is not required if the applicant:

E. The information required by part 5600.0200, subpart 2, items C to E.

Subp. 3.

[Repealed, 15 SR 336]

Subp. 4.

[Repealed by amendment, 8 SR 2573]

History

• Statutory Authority: MS s 147.01; 147.02; 147.03; 214.06
• History: 8 SR 2573; 15 SR 336; 24 SR 713; L 2016 c 119 s 7

Minn. R. 5600.0605 License Renewal Procedures

Subpart 1. License renewal cycle conversion.

This part converts the license renewal cycle for physicians from an annual cycle that begins on January 1 of each year to an annual cycle that begins with the last day of the licensee's month of birth. The conversion of the renewal cycle begins January 1, 1991. Subparts 2 to 12 contain license renewal procedures for licensees who were licensed before January 29, 1991. Under the conversion requirements of subpart 2 or 3, the license period following license renewal is from six to 17 months ending the last day of the licensee's month of birth.

Subp. 2. Conversion of license renewal cycle for current licenses.

After January 1, 1991, for a licensee whose license is current as of December 31, 1990, the licensee's first renewal cycle begins on January 1, 1991, and ends on the last day of the licensee's month of birth. However, if the licensee's month of birth is January, February, March, April, May, or June, the licensee's renewal cycle ends on the last day of the licensee's month of birth in 1992.

Subp. 3. Conversion of license renewal cycle for noncurrent licenses.

This subpart applies to a person who was licensed before January 29, 1991, but whose license is not current as of December 31, 1990. When the licensee renews the license after January 29, 1991, the renewal period begins with the date the licensee applies for renewal and ends with the last day of the licensee's month of birth. However, if the last day of the month of birth is less than six months after the date the license is renewed, then the renewal period ends on the last day of the licensee's month of birth in the next year after the year in which the renewal period began.

Subp. 4. Subsequent renewal cycles.

After the licensee's renewal during the conversion period under subpart 2 or 3, the subsequent renewal cycles shall be annual cycles that begin on the last day of the month of the licensee's birth.

Subp. 5.

[Repealed, L 2019 c 8 art 7 s 11]

Subp. 6. Late submission.

A license renewal application and annual license fee received in the board office after the last day of the month in which the licensee's license expires shall not be processed and shall be returned to the licensee for payment of the late fee indicated in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clause (6).

Subp. 7. Incomplete application; notice.

If a licensee submits an application form or annual license fee that is incomplete, incorrect, or not in compliance with this part, the board shall notify the licensee of the deficiency within 30 calendar days after the board receives the licensee's application and shall give the licensee instructions for completing or correcting the application. The board will nullify a license renewal if the correction required in the board notice is not made within 30 days after the licensee receives the notice.

Subp. 8.

[Repealed, L 2019 c 8 art 7 s 11]

Subp. 9. Conversion period and fees.

A licensee who holds a license issued before January 29, 1991, and who renews that license during the conversion period under subpart 2 or 3, shall pay the required license fees according to items A to E.

A. Licensees will be charged the full annual license fee listed in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clause (2), for the licensure renewal occurring at the start of the conversion period.

B. For licensees whose conversion period was six to 11 months, the first annual license fee charged after the conversion period shall be adjusted to credit the excess fee payment made during the conversion period. The credit is calculated based on the difference between the fee paid during the conversion period and the prorated license fee cost assessed based on the number of months of the licensee's conversion period, up to 11 months, at a rate of 1/12 of the annual fee per month rounded upward to the nearest dollar.

C. For licensees whose conversion period was 12 months, the first annual license fee charged after the conversion period shall not be adjusted. They will be charged the annual license fee listed in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clause (2).

D. For licensees whose conversion period was between 13 and 17 months, the first annual license fee charged after the conversion period shall be adjusted to add the payment for the number of licensure months in excess of 12 months in the licensee's conversion period that were not paid for initially. The added payment is calculated based on the difference between the fee paid during the conversion period and the prorated license fee cost assessed at a rate of 1/12 of the annual fee per month rounded upward to the nearest dollar. The difference calculated is added to the full fee charged.

E. The second license renewal made after the conversion period and all subsequent license renewals shall be assessed the annual license fee in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clause (2).

Subp. 10.

[Repealed, L 1997 c 103 s 2]

History

• Statutory Authority: MS s 16A.1285; 146.13; 147.01; 147A.04; 147A.05; 147A.21; 147B.02; 214.06
• History: 15 SR 1640; 20 SR 2376; L 1997 c 103 s 2; L 2017 1Sp6 art 11 s 56; L 2019 c 8 art 7 s 11

Minn. R. 5600.0610 Initial License Procedures

Subpart 1. Applicability to persons initially licensed.

Subparts 2 and 3 contain licensing procedures for persons who are initially licensed by the board after January 29, 1991.

Subp. 2. Initial license.

An individual who is initially licensed by the board after January 29, 1991, shall pay the physician application and annual license fees listed in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clauses (1) and (2).

Effective January 1, 1991, the initial license period begins with the date the person becomes licensed and ends the last day of the licensee's month of birth. However, if the last day of the individual's month of birth is less than six months after the individual becomes licensed, then the initial license period ends on the last day of the individual's month of birth in the next year after the initial license period began. After the initial license period, subsequent renewal periods shall be annual periods that begin on the last day of the month of the licensee's birth.

Subp. 3. Conversion period and fees.

Individuals initially licensed by the board after January 29, 1991, will have a conversion period according to items A to F.

A. An individual will be assigned a conversion period of at least six months and no more than 17 months, ending on the last day of the individual's month of birth.

B. The full physician application fee and physician annual license fee found in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clauses (1) and (2), will be charged to the individual at the start of the conversion period.

C. For an individual whose conversion period was 11 months or less, the first annual license fee charged after the conversion period shall be adjusted to credit the excess fee payment made during the conversion period. The credit is calculated based on the difference between the license fee paid during the conversion period and the prorated license fee cost assessed based on the number of months of the individual's conversion period, up to 11 months, at the rate of 1/12 of the annual fee per month rounded upward to the nearest dollar amount.

D. For an individual whose conversion period was 12 months, the first annual license fee charged after the conversion period shall not be adjusted. The individual will be charged the full annual license fee listed in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clause (2).

E. For an individual whose conversion period was between 13 and 17 full calendar months, the first annual license fee charged after the conversion period shall be adjusted to add the payment for the number of months in excess of 12 months in the licensee's conversion period that were not paid for initially. The added payment is calculated based on the difference between the fee paid at the start of the conversion period and the prorated license fee cost assessed using the number of months of the individual's conversion period, up to 17 months, at the rate of 1/12 of the annual fee per month rounded upward to the nearest dollar amount. The difference calculated is added to the full fee charged.

F. The second license renewal made after the conversion period for the individual and all subsequent license renewals shall be assessed the annual license fee in Minnesota Statutes, section 147.01, subdivision 7, paragraph (a), clause (2).

History

• Statutory Authority: MS s 16A.1285; 146.13; 147.01; 147A.04; 147A.05; 147A.21; 147B.02; 214.06
• History: 15 SR 1640; 20 SR 2376; L 2017 1Sp6 art 11 s 56

Minn. R. 5600.0700 License by Endorsement Without Examination to Practice Medicine and Surgery

Subpart 1. Who may apply.

An application for a license to practice medicine and surgery by endorsement without written examination may be made by an applicant who is a diplomate of the National Board of Medical Examiners or of the National Board of Examiners for Osteopathic Physicians and Surgeons, or who has passed a licensing examination given by the appropriate board or agency of a state which the board determines acceptable as provided in Minnesota Statutes, section 147.03; provided however, that the board may require the applicant to be examined in subjects which, in the opinion of the board, have not been satisfactorily covered.

Subp. 2. Submission and contents of application.

The application must be submitted on forms prepared by the board and must include the following information:

A. The information required by part 5600.0200, subpart 2, items C to E.

B. An original or certified copy of the certificate or diploma from the appropriate national or state board or agency, as referred to in subpart 1, evidencing satisfactory completion of the licensing examination referred to in subpart 1.

C. If the applicant is a graduate of a foreign medical school:

D. Evidence satisfactory to the board that the applicant has satisfactorily completed either one year of graduate training in an institution in the United States or Canada approved for internship or graduate training by the board, or other graduate training approved by the board.

Subp. 3. Ineligible applicants.

An applicant whose credentials are determined by the board to indicate ineligibility for licensure shall be notified of this determination and the grounds for it and may be granted a hearing on this determination according to part 5615.0300 by filing a statement of issues with the board within 20 days after receipt of this notice from the board. After the hearing, the board shall notify the applicant in writing of its decision.

Subp. 4.

[Repealed by amendment, 8 SR 2573]

History

• Statutory Authority: MS s 147.01; 147.02; 214.06
• History: 8 SR 2573; 24 SR 713; L 2001 1Sp9 art 15 s 32

Minn. R. 5600.0800 Repealed by subpart

Subpart 1.

[Repealed, 24 SR 713]

Subp. 2.

[Repealed, 24 SR 713]

Subp. 3.

[Repealed, 24 SR 713]

Subp. 4.

[Repealed, 24 SR 713]

Subp. 5.

[Repealed, 24 SR 713]

Subp. 6.

[Repealed by amendment, 8 SR 2573; 24 SR 713]

Minn. R. 5600.0900 Repealed by subpart

Subpart 1.

[Repealed, 24 SR 713]

Subp. 2.

[Repealed, 24 SR 713]

Subp. 3.

[Repealed, 24 SR 713]

Subp. 4.

[Repealed, 24 SR 713]

Subp. 5.

[Repealed by amendment, 8 SR 2573; 24 SR 713]

Minn. R. 5600.1000 Repealed by subpart

Subpart 1.

[Repealed, 24 SR 713]

Subp. 2.

[Repealed, 24 SR 713]

Subp. 3.

[Repealed, 24 SR 713]

Subp. 4.

[Repealed, 24 SR 713]

Subp. 5.

[Repealed, 24 SR 713]

Subp. 6.

[Repealed by amendment, 8 SR 2573; 24 SR 713]

Minn. R. 5600.1500 [Repealed, 8 SR 2573]

[Repealed, 8 SR 2573]

Minn. R. 5600.1600 [Repealed, 8 SR 2573]

[Repealed, 8 SR 2573]

Minn. R. 5600.1700 [Repealed, 8 SR 2573]

[Repealed, 8 SR 2573]

Minn. R. 5600.2000 [Repealed, L 1999 c 162 s 16]

[Repealed, L 1999 c 162 s 16]

Minn. R. 5600.2100 [Repealed, L 1999 c 162 s 16]

[Repealed, L 1999 c 162 s 16]

Minn. R. 5600.2500 [Repealed, L 2017 1Sp6 art 11 s 56]

[Repealed, L 2017 1Sp6 art 11 s 56]

Minn. R. 5600.2600 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2605 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2610 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2615 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2620 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2625 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2630 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2635 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2640 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2645 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2650 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2655 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2660 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2665 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2670 [Repealed, L 1995 c 205 art 1 s 25]

[Repealed, L 1995 c 205 art 1 s 25]

Minn. R. 5600.2700 MR 2001 [Expired]

MR 2001 [Expired]

Chapter 5605 CONTINUING EDUCATION

Minn. R. 5605.0100 MR 1997 [Omitted in part, MS s 14.47, subd. 6, paragraph (b)]

MR 1997 [Omitted in part, MS s 14.47, subd. 6, paragraph (b)]

History

• Statutory Authority: MS s 14.47; 147.01; 214.06; 214.12
• History: 8 SR 2573; 18 SR 830; 19 SR 974

Minn. R. 5605.0200 Licensee Classes

Subpart 1. Establishment.

For the purpose of administering this chapter, each individual initially licensed on or after June 4, 1984, commences his or her first three-year cycle on January 1 following the date of initial licensure. After January 1, 1991, the cycle of an individual starting a new three-year cycle will start on the first day of the individual's month of birth. The first three-year cycle of an individual initially licensed after January 1, 1991, will start on the first day of the individual's month of birth. Future cycles will run consecutively from that point. After January 1, 1991, continuing medical education taken between the expiration date of an individual's three-year cycle and the first day of the individual's birth month starting a new three-year cycle may be credited towards this first new three-year cycle. Continuing medical education taken between the date of initial licensure and the first day of the individual's month of birth following the date of initial licensure may be credited towards the first cycle after January 1, 1991.

Those individuals assigned three-year reporting prior to June 4, 1984, shall remain in their assigned reporting cycle.

Subp. 2.

[Repealed by amendment, 8 SR 2573]

Subp. 3.

[Repealed by amendment, 8 SR 2573]

History

• Statutory Authority: MS s 146.13; 147.01; 214.06; 214.12
• History: 8 SR 2573; 15 SR 1640

Minn. R. 5605.0300 Continuing Medical Education Credit

At least 75 hours of continuing medical education credit must be obtained in any cycle by attendance at continuing medical education activities designated by an accredited sponsor as Category 1 of the Physician's Recognition Award of the American Medical Association. Continuing medical education sponsors must be accredited by the Accreditation Council for Continuing Medical Education (ACCME) or by a state medical society recognized by the ACCME as an intrastate accreditor of continuing medical education sponsors.

For purposes of relicensure, the board shall accept the equivalent of Category 1 credit hours as defined by the American Osteopathic Association Bureau of Professional Education, the Royal College of Physicians and Surgeons of Canada, or by organizations that have reciprocal arrangements with the Physician Recognition Award program of the American Medical Association.

History

• Statutory Authority: MS s 147.01; 214.06; 214.12
• History: 8 SR 2573; 19 SR 974

Minn. R. 5605.0400 [Repealed, 19 SR 974]

[Repealed, 19 SR 974]

Minn. R. 5605.0500 [Repealed, 19 SR 974]

[Repealed, 19 SR 974]

Minn. R. 5605.0600 [Repealed, 19 SR 974]

[Repealed, 19 SR 974]

Minn. R. 5605.0700 Alternative Compliance

The board may accept certification or recertification by a member of the American Board of Medical Specialties, the American Osteopathic Association Bureau of Professional Education, or the Royal College of Physicians and Surgeons of Canada in lieu of compliance with the continuing education requirements during the cycle in which certification or recertification is granted.

History

• Statutory Authority: MS s 147.01; 214.06; 214.12
• History: 8 SR 2573; 19 SR 974

Minn. R. 5605.0800 [Repealed by amendment, 8 SR 2573]

[Repealed by amendment, 8 SR 2573]

Minn. R. 5605.0900 Verification of Compliance

Licensees shall, at the relicensure period coinciding with the end of their cycle, provide a signed statement to the board on a form provided by the board indicating compliance with this chapter. The board may, in its discretion, require such additional evidence as is necessary to verify compliance with this chapter.

A licensee failing to submit a statement or who submits a statement which, on its face, indicates noncompliance with this chapter may be subject to the disciplinary provisions contained in part 5605.1100.

History

• Statutory Authority: MS s 147.01; 214.06; 214.12
• History: 8 SR 2573; 19 SR 974

Minn. R. 5605.1000 Exemptions

Subpart 1. Residency or fellowship training.

The board may grant an exemption from the continuing education requirements of this chapter to a licensee for full-time participation in residency or fellowship training at a professionally accredited institution.

Subp. 2. Emeritus registration status.

Physicians under emeritus registration status as provided in chapter 5606 are exempt from the continuing medical education requirements of this chapter.

History

• Statutory Authority: MS s 214.12
• History: 8 SR 2573

Minn. R. 5605.1100 Penalties for Noncompliance

The board may refuse to renew, suspend, condition, limit, or qualify the license of any person whom the board determines has failed to comply with the requirements of this chapter.

History

• Statutory Authority: MS s 214.12
• History: 8 SR 2573

Minn. R. 5605.1200 Hearing Upon Refusal to Renew

If the board refuses to renew a license, a hearing must be held only if the licensee submits a written request for a hearing within 30 days after receiving notice of the refusal to renew. The hearing must be conducted pursuant to the provisions of the Minnesota Administrative Procedure Act.

History

• Statutory Authority: MS s 214.12
• History: 8 SR 2573

Chapter 5606 EMERITUS REGISTRATION

Minn. R. 5606.0200 Application

Any physician duly licensed to practice medicine in the state pursuant to Minnesota Statutes, chapter 147, who declares that he or she is retired in all jurisdictions from the active practice of medicine may apply to the board for physician emeritus registration. The physician may do so by indicating on his or her annual registration form or by petitioning the board if he or she is in fact completely retired and has not been the subject of disciplinary action resulting in the suspension, revocation, qualification, condition, or restriction of the physician's license to practice medicine.

History

• Statutory Authority: MS s 147.01; 214.06; 214.12
• History: 8 SR 2573; 19 SR 974

Minn. R. 5606.0300 Status of Registrant

The emeritus registration is not a license to engage in the practice of medicine as defined in Minnesota Statutes, chapter 147, or in the rules of the board. The registrant shall not engage in the practice of medicine.

History

• Statutory Authority: MS s 214.12
• History: 8 SR 2573

Minn. R. 5606.0400 Continuing Education Requirements

The continuing medical education requirements of chapter 5605 are not applicable to emeritus registration.

History

• Statutory Authority: MS s 214.12
• History: 8 SR 2573

Minn. R. 5606.0500 Change to Active Status

Subpart 1. Within three years.

A registrant who desires to change to active status within three years from the date emeritus status was effective may do so by providing the following materials, pending the approval of these materials by the board:

A. Completion of a form prepared by the board which includes name, basic medical education, medical license number, duration of medical licensure, date of emeritus registration, membership in medical societies, information on the applicant's physical and mental health, and information on any disciplinary action taken against the physician in regards to his or her medical practice.

B. Complying with the continuing medical education requirements for the time period in which one's license was in inactive status and under the emeritus registration pursuant to parts 5605.0100 and 5605.0200. This requirement must be fulfilled prior to submission of the application.

C. Submission of all back licensure fees while one's license was under inactive status and the emeritus registration.

D. Submission of references by two physicians licensed to practice medicine in Minnesota verifying that the registrant has the capacity to practice medicine.

E. Submission of a notarized, completed, and signed information release form, listing all schools attended, hospitals and clinics served at, and branch of military served in.

Subp. 2. After three years.

After three years from the date emeritus status was effective a registrant who desires to change to active status may do so, pending approval of the board, by providing the materials listed in subpart 1 and passing the special purpose examination (SPEX) within the year preceding the reapplication for active status.

History

• Statutory Authority: MS s 147.01; 214.06; 214.12
• History: 8 SR 2573; 19 SR 974

Minn. R. 5606.0600 Documentation of Status

A physician granted emeritus registration shall, upon payment of a fee, receive a document certifying that he or she has been registered as emeritus and has completed his or her active professional career licensed in good standing with the Minnesota Board of Medical Practice.

History

• Statutory Authority: MS s 147.01; 214.06; 214.12
• History: 8 SR 2573; L 1991 c 106 s 6; 19 SR 974

Minn. R. 5606.0700 Renewal Cycle or Fees

Being registered as emeritus will not subject a person to the annual renewal cycle or renewal fees.

History

• Statutory Authority: MS s 214.12
• History: 8 SR 2573

Chapter 5610 PROFESSIONAL CORPORATION RULES

Minn. R. 5610.0100 [Repealed, L 2023 c 70 art 6 s 36]

[Repealed, L 2023 c 70 art 6 s 36]

Minn. R. 5610.0200 [Repealed, L 2023 c 70 art 6 s 36]

[Repealed, L 2023 c 70 art 6 s 36]

Minn. R. 5610.0300 [Repealed, L 2023 c 70 art 6 s 36]

[Repealed, L 2023 c 70 art 6 s 36]

Chapter 5615 HEARINGS BEFORE THE BOARD

Minn. R. 5615.0100 Definitions

Subpart 1. Scope.

For the purposes of parts 5615.0100 to 5615.1300, the terms defined in this part have the following meanings.

Subp. 2. Board.

"Board" means the Minnesota Board of Medical Practice or any member or members thereof authorized by law to adjudicate contested cases.

Subp. 3. Contested case.

"Contested case" means a proceeding before the board in which the legal rights, duties, or privileges of specific parties under the provisions of any statute granting jurisdiction to the board are required by law or constitutional right to be determined after a board hearing.

Subp. 4. Party.

"Party" includes the board, the respondent, and any person, other than a member of the board in the member's official capacity, who has been permitted to appear in the proceeding.

Subp. 5. Respondent.

"Respondent" means any person or professional corporation against whom an accusation or charge has been filed pursuant to any statute granting jurisdiction to the board, or any person or professional corporation which is subject to a dispute concerning any legal rights, duties, or privileges granted or conferred thereby.

History

• Statutory Authority: MS s 147.01
• History: 17 SR 1279; L 1991 c 106 s 6

Minn. R. 5615.0200 Accusation

A hearing to determine whether a right, license, certificate, registration, or privilege should be revoked, suspended, qualified, restricted, limited, or conditioned, shall be initiated by the issuance of an accusation by the board. The accusation shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged and shall be in sufficient detail to enable the respondent to prepare a defense. It shall specify the statutes and rules which the respondent is alleged to have violated. The accusation may also include any additional information which the board deems appropriate. The accusation shall be verified by a member of the board. The verification may be on information and belief.

History

• Statutory Authority: MS s 147.01
• History: 17 SR 1279

Minn. R. 5615.0300 Statement of Issues

Subpart 1. Initiation of hearing.

A hearing to determine whether a right, license, certificate, registration, or privilege should be granted, issued, or renewed shall be initiated either by the board or by the applicant by filing a statement of issues. The statement of issues shall be a written statement specifying the statutes and rules with which the applicant must show compliance by producing proof at the hearing and, in addition, any additional matters which have come to the attention of the initiating party and which would bear upon the issues presented.

Subp. 2. Verification.

The statement of issues shall be verified by the initiating party. The verification may be on information and belief.

Subp. 3. Service of statement of issues.

If the board is the initiating party, the statement of issues shall be served in the same manner as an accusation, and shall be accompanied by a notice of hearing substantially in the form set forth in part 5615.0600. If the applicant is the initiating party, the statement of issues shall be served on the board by registered or certified mail, addressed to the board at its office in St. Paul, Minnesota, and such service shall be deemed a request for hearing.

Subp. 4. Notice of hearing.

Within ten days after such service, the board shall deliver or mail to the applicant a notice of hearing, substantially in the form set forth in part 5615.0600.

Subp. 5. Time of hearing.

In either case, the hearing shall be held not less than 20 days nor more than 120 days after service of the statement of issues.

Subp. 6. Place of hearing.

Hearings shall be held in St. Paul, Minnesota, at a place designated by the board, unless the parties, by agreement, select another place within the state of Minnesota.

History

• Statutory Authority: MS s 147.01

Minn. R. 5615.0400 Service of Accusation

Upon the issuance of an accusation, the board shall serve a copy thereof on the respondent as provided in this part.

If the respondent is a resident of the state of Minnesota and can be found therein, the accusation and all accompanying information shall be served upon respondent personally in the manner provided by law for the service of a summons in a civil action.

If the respondent is not a resident of the state of Minnesota, or if the respondent is a resident of the state of Minnesota but cannot be found therein, the accusation and all accompanying information shall be served upon respondent by registered or certified mail, addressed to the most recent address theretofore furnished by the respondent to the board, and the same shall be deemed received by respondent five days after having been deposited in the United States mail, postage prepaid, addressed to such address.

The appearance of respondent in the proceeding shall constitute a waiver of any defect in such service.

Service may be proved by the affidavit of the person making the same.

History

• Statutory Authority: MS s 147.01

Minn. R. 5615.0500 Time and Place of Hearing

The board shall determine the time and place of the hearing on the accusation which shall be held not less than 20 days nor more than 120 days after service of the accusation upon the respondent. The hearing shall be held in St. Paul, Minnesota, at a place designated by the board, unless the parties, by agreement, select another place within the state of Minnesota.

History

• Statutory Authority: MS s 147.01

Minn. R. 5615.0600 Notice of Hearing

A notice of hearing on the accusation shall be served by the board upon respondent at the same time and in the same manner as the service of the accusation. The notice of hearing shall be substantially in the following form:

You are hereby notified that a hearing will be held before the Minnesota Board of Medical Practice at _____________ on _______________________, ____, at the hour of ________M., o'clock, upon the charges made in the accusation served upon you. You may be present at the hearing; may be, but need not be, represented by counsel of your own choosing; may present any relevant evidence on your own behalf and will be given full opportunity to cross-examine all witnesses who testify therein. If you fail to appear at the time and place above set forth, such failure will constitute a waiver of your right to a hearing and the Minnesota Board of Medical Practice may proceed upon the accusation with or without a hearing.

History

• Statutory Authority: MS s 147.01
• History: L 1991 c 106 s 6; L 1998 c 254 art 1 s 107

Minn. R. 5615.0700 Depositions

On request of the respondent, or upon notice from the board to the respondent, the board may permit the testimony of any material witness, residing within or without the state, to be taken for use as evidence in the hearing, by deposition in the manner prescribed by law for such depositions in civil actions. The request or notice shall set forth the nature of pending proceedings; the name and address of the witness whose testimony is desired; a showing of the materiality of the testimony; a showing that the witness will be unable to attend; and the board shall, thereupon, forward a request to the witness to appear and testify before an officer named in the request.

History

• Statutory Authority: MS s 147.01
• History: 17 SR 1279

Minn. R. 5615.0800 Conduct of Hearing

Subpart 1. Role of board members.

Every hearing in a contested case shall be presided over by a member of the board. A case may be heard by six or more members of the board.

Subp. 2. Legal counsel.

The attorney for the board shall advise the member or members of the board concerning the conduct of the hearing and rulings on the admission or exclusion of evidence and other matters of law.

Subp. 3. Disqualification of board member.

Any member of the board shall voluntarily disqualify himself or herself and withdraw from any case in which the member cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of any board member by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined by the other members of the board. No board member shall withdraw voluntarily or be subject to disqualification if the disqualification would prevent the existence of a quorum qualified to act in a particular case.

Subp. 4. Record of hearings.

All proceedings at the hearing shall be reported in writing, and the board shall prepare an official record, which shall include testimony and exhibits in each contested case, but it shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review.

History

• Statutory Authority: MS s 147.01
• History: 17 SR 1279

Minn. R. 5615.0900 Evidence

Subpart 1. Oath.

All evidence shall be taken only on oath or affirmation.

Subp. 2. Rights of parties.

Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in direct examination, to impeach any witness regardless of which party first called that witness to testify, and to rebut the evidence against that party. If the respondent does not testify in the respondent's own behalf, she or he may be called and examined as if under cross-examination.

Subp. 3. Admissible evidence.

The board may admit and give probative effect to relevant evidence which possesses probative value and shall not be bound by the technical rules relating to evidence and witnesses; provided, however, that the board shall give effect to the rules of privilege recognized by law. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. All evidence including records and documents, except tax returns and tax reports, in the possession of the board of which it desires to avail itself shall be offered and made a part of the record in the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

History

• Statutory Authority: MS s 147.01
• History: 17 SR 1279

Minn. R. 5615.1000 Decision in Contested Case

Subpart 1. Votes required.

No right, license, or privilege shall be granted, issued, renewed, revoked, suspended, limited, qualified, restricted, or conditioned except upon the affirmative vote of at least six members of the board.

Subp. 2. Exceptions and argument before the board.

Whenever, in a contested case, a member of the board who has not participated in the hearing votes in the decision of the case, a final decision, if adverse to the respondent, shall not be made until a proposed decision, including the statement of reasons therefor, has been served on the respondent, and opportunity has been afforded to file exceptions and present argument to all of the members of the board who are to render the final decision.

Subp. 3. Respondent's argument and evidence.

The respondent shall have the opportunity to present either oral or written argument and to present additional newly discovered evidence after the close of the record but prior to final decision.

Subp. 4. Informal dispositions.

Informal disposition of a contested case may be made in the manner prescribed by law.

History

• Statutory Authority: MS s 147.01

Minn. R. 5615.1100 Form of Decision and Findings

Every decision and order adverse to a party to the proceeding shall be in writing and, except when such decision or order is made pursuant to stipulation with or the consent of the respondent, shall contain a statement of findings or reasons, a determination of the issues presented and the penalty, if any, or decision of the board. The findings shall consist of a statement of the conclusions upon each contested issue of fact necessary to the decision. Parties to the proceedings shall be notified of the decision and order in person or by mail. A copy of the decision and order and accompanying statement of reasons together with proof of service shall be delivered or mailed, upon request, to the respondent or to the respondent's attorney of record.

History

• Statutory Authority: MS s 147.01
• History: 17 SR 1279

Minn. R. 5615.1200 Effective Date of Decision

The decision or order of the board shall become effective immediately upon its service on respondent; provided, however, that the board may, in its discretion, stay the enforcement of its decision pending appeal or reconsideration within 30 days after said service.

History

• Statutory Authority: MS s 147.01

Minn. R. 5615.1300 Review of Decision in Contested Case

The board may, upon its own motion or upon petition by respondent, reconsider or grant a rehearing of any decision rendered in a contested case or may condition any such decision upon just and reasonable grounds.

The filing of a petition for review shall not automatically stay the enforcement of the board's decision.

History

• Statutory Authority: MS s 147.01

Chapter 5620 FEE SPLITTING

Minn. R. 5620.0100 Purpose

The purpose of Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), and parts 5620.0110 to 5620.0160 is to protect consumers against medical-economic arrangements, practices, and relationships by physicians that unnecessarily increase the cost of health care to consumers, restrict consumer access to goods and services, and otherwise present harm to consumer interests. The board shall comply with Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), and parts 5620.0110 to 5620.0160 in evaluating complaints received by the board relating to medical-economic arrangements, practices, or relationships among health care providers.

History

• Statutory Authority: MS s 147.01
• History: 14 SR 1774

Minn. R. 5620.0110 Definitions

Subpart 1. Scope.

As used in Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), the following terms have the meanings given them.

Subp. 2. Device.

"Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article including a component, part, or accessory, that as a completely assembled article exceeds $99 in cost and is:

A. recognized in the official United States Pharmacopoeia and National Formulary and its supplements;

B. intended for use in diagnosing disease or other conditions, or in curing, mitigating, treating, or preventing disease in a person;

C. intended to affect the structure or function of the body of a person, and that does not achieve any of its principal intended purposes through chemical action within or on the body of a person and is not dependent upon being metabolized for the achievement of any of its principal intended purposes; or

D. restricted under federal law to sale by or on the order of a licensed practitioner. Nondurable medical equipment, meaning a supply or piece of equipment that is used to treat a health condition and cannot be reused, is excluded from this definition of device.

Subp. 3. Drugs.

"Drugs" has the meaning in part 5600.0100, subpart 8.

Subp. 4. Financial interest.

"Financial interest" means an asset that is directly owned or controlled by an individual or business and that has the potential to produce a monetary return.

Financial interest does not include the ownership of a building by a physician where space is leased to an individual or organization at the prevailing rate in a straight lease agreement or any interest held by a physician in a publicly traded stock.

Subp. 5. Profit interest.

"Profit interest" means a financial amount received by the physician that exceeds the acquisition cost of a drug or device plus the cost of having the drug or device available.

Subp. 6. Significant financial interest.

"Significant financial interest" means any financial interest as defined in subpart 4 that is equal to or greater than five percent of the whole or $5,000, whichever is the lesser amount.

History

• Statutory Authority: MS s 147.01
• History: 14 SR 1774

Minn. R. 5620.0120 Incorporation by Reference of Criteria to Define Device

The most recent edition of the United States Pharmacopoeia and National Formulary and its supplements are incorporated by reference. The publication is issued by the United States Pharmacopeial Convention, Inc., 12601 Twinbrook Parkway, Rockville, Maryland, 20852. It is available for inspection and copying through the Minitex interlibrary loan system. The publication is subject to change.

History

• Statutory Authority: MS s 147.01
• History: 14 SR 1774

Minn. R. 5620.0130 Disclosure Requirements and Formats

Subpart 1. Written disclosure required.

The disclosure requirements in Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), are met if the written disclosure is made before a referral. The written disclosure must reasonably apprise the patient or patient's guardian of the physician's financial and profit interest in the individual or entity to which the physician is making the referral, and contain a statement that the patient is free to choose providers other than the one recommended by the physician. The written disclosure must consist of one of the formats in items A to D.

A. The posting of a conspicuous sign in an area that is likely to be seen by the patients and patients' guardians who use the physician's facility.

B. The incorporation of a conspicuous written notice in existing office documents used by the physician. Office documents may include, but are not limited to, prescription sheets, office information or policy booklets, referral forms, and any similar regularly distributed information handout.

C. The use of a written disclosure document that is given to a patient or patient's guardian for review. A copy of the document must be provided to the patient or patient's guardian.

D. A combination of the written disclosure formats described in items A to C.

Subp. 2. Unwritten disclosure; when allowed.

A nonwritten disclosure format may be used to satisfy the disclosure requirements of Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), when necessary to accommodate the physical condition of a patient or the patient's guardian that makes use of written disclosure alone unworkable.

Subp. 3. Information must be updated.

The disclosure information shall be updated to show any change in the circumstances regarding the physician's financial or profit interest.

History

• Statutory Authority: MS s 147.01
• History: 14 SR 1774

Minn. R. 5620.0140 Evidence of Disclosure

When the board investigates a violation of Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), the burden of proof is on the physician investigated to show evidence the physician complied with disclosure requirements in part 5620.0130.

History

• Statutory Authority: MS s 147.01
• History: 14 SR 1774

Minn. R. 5620.0150 Disclosure of Proprietary Information

Specific contract terms or similar proprietary information relating to a physician's financial and profit interest is not required to be part of the information provided in a disclosure under part 5620.0130.

History

• Statutory Authority: MS s 147.01
• History: 14 SR 1774

Minn. R. 5620.0160 Division of Fees

In reviewing a division of fees as described in Minnesota Statutes, section 147.091, subdivision 1, paragraph (p), clause (2), the board may consider, but is not limited to, the following factors regarding the reasonableness of a proportional division of fees:

A. the value of professional services;

B. overhead costs;

C. time and distance traveled; and

D. the availability of the service or product elsewhere in the local trade area.

History

• Statutory Authority: MS s 147.01
• History: 14 SR 1774