reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.0391 — Residency Permit.

147.0391 RESIDENCY PERMIT.
Subdivision 1.
Permit required.
A person must have a residency permit to participate in a residency program unless licensed by the board. Upon issuance of a license by the board, the board will terminate a residency permit. A person must have a license to practice medicine to practice outside of a residency program, except as set forth in section 147.09. An applicant for a residency permit must pay a $20 nonrefundable fee upon initial application and upon a change in residency program a lesser nonrefundable fee set by the board in such amount that is necessary to cover administrative costs incurred by the board. The applicant must also have been accepted into either:
(1) a graduate medical education program accredited by a national accrediting organization approved by the board; or
(2) other nonaccredited graduate training approved by the board as meeting standards comparable to those of a national accrediting organization.
The approvals required by clauses (1) and (2) must have been granted by the board before the applicant enrolls in the training.
Subd. 2.
Terminating participation in residency program.
Upon a change in residency programs, a person holding a residency permit must notify the board in writing no later than 30 days after termination of participation in the residency program being terminated. A separate residency permit is required for each residency program until licensure is obtained.
Subd. 3.
Reporting obligation.
A person holding a residency permit and faculty of residency programs are subject to the reporting obligations of section 147.111. The intent of this subdivision is not to replace routine academic corrective action undertaken by a residency training program.
History:
1993 c 21 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.04 — Retaliatory Provisions.

147.04 RETALIATORY PROVISIONS.
If by the laws of any state or the rulings or decisions of the appropriate officers or boards thereof, any burden, obligation, requirement, disqualification, or disability is put upon physicians registered in this state or holding diplomas from medical colleges in this state which are in good standing therein, affecting the right of these physicians to be registered or admitted to practice in that state, then the same or like burdens, obligations, requirements, disqualification, or disability may be put upon the registration in this state of physicians registered in that state or holding diplomas from medical colleges situated therein.
History:
(5710) 1905 c 236; 1913 c 139 s 2; 1959 c 346 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.081 — Practicing Without License; Penalty.

147.081 PRACTICING WITHOUT LICENSE; PENALTY.
Subdivision 1.
Unlawful practice of medicine.
It is unlawful for any person to practice medicine as defined in subdivision 3 in this state unless:
(1) the person holds a valid license issued according to this chapter; or
(2) the person is registered to provide interstate telehealth services according to section 147.032.
Subd. 2.
Penalty.
Any person violating the provisions of subdivision 1 or section 147.082 is guilty of a gross misdemeanor.
Subd. 3.
Practice of medicine defined.
For purposes of this chapter, a person not exempted under section 147.09 is "practicing medicine" or engaged in the "practice of medicine" if the person does any of the following:
(1) advertises, holds out to the public, or represents in any manner that the person is authorized to practice medicine in this state;
(2) offers or undertakes to prescribe, give, or administer any drug or medicine for the use of another;
(3) offers or undertakes to prevent or to diagnose, correct, or treat in any manner or by any means, methods, devices, or instrumentalities, any disease, illness, pain, wound, fracture, infirmity, deformity or defect of any person;
(4) offers or undertakes to perform any surgical operation including any invasive or noninvasive procedures involving the use of a laser or laser assisted device, upon any person; or
(5) offers to undertake to use hypnosis for the treatment or relief of any wound, fracture, or bodily injury, infirmity, or disease.
History:
(5717) RL s 2300; 1927 c 188 s 4; 1963 c 45 s 6; 1971 c 485 s 5; 1974 c 43 s 1; 1985 c 247 s 13,25; 1986 c 444; 1993 c 121 s 1; 2002 c 361 s 2; 2016 c 119 s 7; 2017 c 56 s 1; 1Sp2021 c 7 art 6 s 28
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.082 — Title Protection.

147.082 TITLE PROTECTION.
(a) A person not licensed under this chapter is prohibited from using the title "doctor of medicine," "medical doctor," "doctor of osteopathic medicine," "osteopathic physician," "physician," "surgeon," "M.D.," or "D.O." in the conduct of any occupation or profession pertaining to the diagnosis of human disease or conditions.
(b) Nothing in this section shall be construed to prohibit a health care professional from using a title incorporating any of the words specified in paragraph (a), or from using a title or designation that is not specifically protected in paragraph (a), if the title or designation used is permitted under the health care professional's practice act.
History:
2017 c 56 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.0911 — Diversionary Program.

147.0911 DIVERSIONARY PROGRAM.
A person licensed under this chapter who is unable to practice with reasonable skill and safety by reason of illness; use of alcohol, drugs, chemicals, or any other materials; or as a result of a mental, physical, or psychological condition may participate in the health professional services program under sections 214.31 to 214.36 if the person meets the eligibility requirements.
History:
2013 c 44 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.092 — Probable Cause Hearing; Sexual Misconduct.

147.092 PROBABLE CAUSE HEARING; SEXUAL MISCONDUCT.
(a) In any contested case in which a violation of section 147.091, subdivision 1, paragraph (t), is charged all parties shall be afforded an opportunity for a probable cause hearing before an administrative law judge. The motion for a hearing must be made to the Office of Administrative Hearings within 20 days of the filing date of the contested case and served upon the board upon filing. Any hearing shall be held within 30 days of the motion. The administrative law judge shall issue a decision within 20 days of completion of the probable cause hearing. If there is no request for a hearing, the portion of the notice of and order for hearing relating to allegations of sexual misconduct automatically becomes public.
(b) The scope of the probable cause hearing is confined to a review of the facts upon which the complaint review committee of the board based its determination that there was a reasonable belief that section 147.091, subdivision 1, paragraph (t), was violated. The administrative law judge shall determine whether there is a sufficient showing of probable cause to believe the licensee committed the violations listed in the notice of and order for hearing, and shall receive evidence offered in support or opposition. Each party may cross-examine any witnesses produced by the other. A finding of probable cause shall be based upon the entire record including reliable hearsay in whole or in part and requires only a preponderance of the evidence. The burden of proof rests with the board.
(c) Upon a showing of probable cause, that portion of the notice of and order for hearing filed by the board that pertains to the allegations of sexual misconduct, including the factual allegations that support the charge, become public data. In addition, the notice of and order for hearing may be amended. A finding of no probable cause by the administrative law judge is grounds for dismissal without prejudice. Nothing in this section shall prevent the board from reopening the investigation or filing charges based on the same subject matter at a later date.
History:
1996 c 334 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.121 — Immunity.

147.121 IMMUNITY.
Subdivision 1.
Reporting.
Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting a report to the board pursuant to section 147.111 or for otherwise reporting to the board violations or alleged violations of section 147.091. All such reports are confidential and absolutely privileged communications.
Subd. 2.
Investigation; indemnification.
(a) Members of the board, persons employed by the board, consultants retained by the board for the purpose of investigation of violations, the preparation of charges and management of board orders on behalf of the board are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under sections 147.01 to 147.22.
(b) Members of the board and persons employed by the board or engaged in maintaining records and making reports regarding adverse health care events are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of or relating to their duties under section 147.155.
(c) For purposes of this section, a member of the board or a consultant described in paragraph (a) is considered a state employee under section 3.736, subdivision 9.
History:
1985 c 247 s 15,25; 1991 c 199 art 2 s 1; 1993 c 21 s 10; 1995 c 18 s 9; 2004 c 186 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.131 — Physician Cooperation.

147.131 PHYSICIAN COOPERATION.
A physician who is the subject of an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation and providing copies of patient medical records, as reasonably requested by the board, to assist the board in its investigation. The board shall pay for copies requested. If the board does not have a written consent from a patient permitting access to the patient's records, the physician shall delete any data in the record which identifies the patient before providing it to the board. The board shall maintain any records obtained pursuant to this section as investigative data pursuant to chapter 13.
History:
1985 c 247 s 16; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.141 — Forms Of Disciplinary Action.

147.141 FORMS OF DISCIPLINARY ACTION.
When the board finds that a licensed physician or a physician registered under section 147.032 has violated a provision or provisions of sections 147.01 to 147.22, it may do one or more of the following:
(1) revoke the license;
(2) suspend the license;
(3) revoke or suspend registration to perform interstate telehealth;
(4) impose limitations or conditions on the physician's practice of medicine, including limiting the scope of practice to designated field specialties; imposing retraining or rehabilitation requirements; requiring practice under supervision; or conditioning continued practice on demonstration of knowledge or skills by appropriate examination or other review of skill and competence;
(5) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed to deprive the physician of any economic advantage gained by reason of the violation charged or to reimburse the board for the cost of the investigation and proceeding;
(6) order the physician to provide unremunerated professional service under supervision at a designated public hospital, clinic, or other health care institution; or
(7) censure or reprimand the licensed physician.
History:
1985 c 247 s 17; 1991 c 199 art 2 s 1; 2002 c 361 s 4; 1Sp2021 c 7 art 6 s 28; 2023 c 70 art 6 s 12
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.151 — Disciplinary Record On Judicial Review.

147.151 DISCIPLINARY RECORD ON JUDICIAL REVIEW.
Upon judicial review of any board disciplinary action taken under sections 147.01 to 147.22, the reviewing court shall seal the administrative record, except for the board's final decision, and shall not make the administrative record available to the public.
History:
1985 c 247 s 18; 1991 c 199 art 2 s 1
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.155 — Reports To Commissioner Of Health.

147.155 REPORTS TO COMMISSIONER OF HEALTH.
(a) The board shall maintain a record of an event that comes to the board's attention that, in the judgment of the board or a committee of the board, qualifies as an adverse health care event under section 144.7065.
(b) Within 30 days of making a determination under paragraph (a) that an event qualifies as an adverse health care event, the board shall forward to the commissioner of health a report of the event, including the facility involved, the date of the event, and information known to the board regarding the event. The report shall not include any identifying information for any of the health care professionals, facility employees, or patients involved.
History:
2004 c 186 s 4
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.161 — Physician Accountability.

147.161 PHYSICIAN ACCOUNTABILITY.
Subdivision 1.
Investigation.
The board shall maintain and keep current a file containing the reports and complaints filed against persons regulated by the board in the state. Each complaint filed with the board pursuant to section 214.10, subdivision 1, shall be investigated according to section 214.10, subdivision 2.
Whenever the files maintained by the board show that a professional malpractice settlement or award to the plaintiff has been made against a person regulated by the board as reported by insurers pursuant to section 147.111, the executive director of the board shall notify the board and the board may authorize a review of the regulated person's practice.
Subd. 2.
Attorney general investigates.
When the board initiates a review of a physician's practice it shall notify the attorney general who shall investigate the matter in the same manner as provided in section 214.10. If an investigation is to be made, the attorney general shall notify the physician, and, if the incident being investigated occurred there, the administrator and chief of staff at the medical care facilities in which the physician serves.
Subd. 3.
Access to hospital records.
The board shall have access to hospital and medical records of a patient treated by the physician under review if the patient signs a written consent permitting such access. If no consent form has been signed, the hospital or physician shall first delete data in the record which identifies the patient before providing it to the board.
History:
1976 c 222 s 39; 1980 c 509 s 47; 1981 c 311 s 39; 1982 c 545 s 24; 1985 c 247 s 10,25; 1Sp1986 c 3 art 1 s 23; 1995 c 44 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.162 — Medical Care Facilities; Exclusion.

147.162 MEDICAL CARE FACILITIES; EXCLUSION.
Each physician shall file with the board a list of the inpatient and outpatient medical care facilities at which the physician has medical privileges. The list shall be updated when the physician applies for license renewal. Nothing in this chapter grants to any person the right to be admitted to the medical staff of a health care facility.
History:
1976 c 222 s 40; 1985 c 247 s 11,25; 1986 c 444
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.21 — Registration Fees For Osteopathic Physicians.

147.21 REGISTRATION FEES FOR OSTEOPATHIC PHYSICIANS.
Every doctor of osteopathic medicine licensed by the state Board of Osteopathy under Minnesota Statutes 1961, sections 148.11 to 148.16, prior to May 1, 1963, and not licensed to practice medicine under this chapter shall annually register with the board in the manner prescribed in section 146.13.
History:
1963 c 45 s 9; 2016 c 119 s 7
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.22 — Transfer Records, Assets, And Powers.

147.22 TRANSFER RECORDS, ASSETS, AND POWERS.
The records, assets, and powers of the state Board of Osteopathy are transferred to the state Board of Medical Practice.
History:
1963 c 45 s 10; 1976 c 2 s 63; 1991 c 106 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.231 — Released Persons; Prescriptions.

147.231 RELEASED PERSONS; PRESCRIPTIONS.
(a) Subject to paragraph (b), a physician, physician assistant, certified nurse practitioner, or clinical nurse specialist in psychiatric and mental health nursing is not civilly liable for conduct of a former prisoner or civilly committed person that is related to the use or nonuse of medicines prescribed by the physician, physician assistant, certified nurse practitioner, or clinical nurse specialist in psychiatric and mental health nursing before the prisoner's or committed person's release. This limitation on liability applies during the period from release from confinement until the former prisoner or committed person is scheduled to receive new medicines pursuant to a new prescription written after the release.
(b) In order for paragraph (a) to apply, the person must have made the prescription in good faith, within the scope of lawful practice, and with reasonable care.
History:
2006 c 266 s 1; 2014 c 291 art 4 s 58
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.37 — Information Provision; Pharmaceutical Assistance Programs.

147.37 INFORMATION PROVISION; PHARMACEUTICAL ASSISTANCE PROGRAMS.
The board shall encourage licensees to make available to patients information on free and discounted prescription drug programs offered by pharmaceutical manufacturers when the information is provided to the licensees at no cost.
History:
2006 c 267 art 1 s 3
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147 — Board Of Medical Practice › Section 147.381 — Application Of Interstate Medical Licensure Compact To Existing Laws.

147.381 APPLICATION OF INTERSTATE MEDICAL LICENSURE COMPACT TO EXISTING LAWS.
(a) Uniform rules developed by the Interstate Commission established under section 147.38 shall not be subject to the provisions of sections 14.05 to 14.389.
(b) Complaints against physicians licensed in Minnesota under the expedited licensure process in section 147.38 shall be handled as provided in sections 214.10 and 214.103.
(c) All provisions of section 147.38 authorizing or requiring the board to provide data to the Interstate Commission are authorized by section 214.10, subdivision 8, paragraph (d).
(d) According to uniform rules developed by the Interstate Commission established under section 147.38, the board is authorized to require a physician who has designated Minnesota as the state of principal license to submit to a national criminal background check. The criminal background check shall be conducted as provided in section 214.075. The board shall use the criminal background check data to evaluate a physician's eligibility for a letter of qualification pursuant to section 147.38, and shall not disseminate this data to the Interstate Commission. A physician seeking expedited licensure in Minnesota under section 147.38 who has not designated Minnesota as the state of principal license is exempt from the requirements of section 214.075 if the state of principal license has required a criminal background check for the physician within the last 12 months.
History:
2015 c 55 s 2; 2017 c 50 s 1; 1Sp2019 c 9 art 11 s 111
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.02 — Qualifications For Licensure.

147A.02 QUALIFICATIONS FOR LICENSURE.
(a) The board may grant a license as a physician assistant to an applicant who:
(1) submits an application on forms approved by the board;
(2) pays the appropriate fee as determined by the board;
(3) has current certification from the National Commission on Certification of Physician Assistants, or its successor agency as approved by the board;
(4) certifies that the applicant is mentally and physically able to engage safely in practice as a physician assistant;
(5) has no licensure, certification, or registration as a physician assistant under current discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as a physician assistant, unless the board considers the condition and agrees to licensure;
(6) submits any other information the board deems necessary to evaluate the applicant's qualifications; and
(7) has been approved by the board.
(b) All persons registered as physician assistants as of June 30, 1995, are eligible for continuing license renewal. All persons applying for licensure after that date shall be licensed according to this chapter.
(c) A physician assistant who qualifies for licensure must practice for at least 2,080 hours, within the context of a collaborative agreement, within a hospital or integrated clinical setting where physician assistants and physicians work together to provide patient care. The physician assistant shall submit written evidence to the board with the application, or upon completion of the required collaborative practice experience. For purposes of this paragraph, a collaborative agreement is a mutually agreed upon plan for the overall working relationship and collaborative arrangement between a physician assistant, and one or more physicians licensed under chapter 147, that designates the scope of services that can be provided to manage the care of patients. The physician assistant and one of the collaborative physicians must have experience in providing care to patients with the same or similar medical conditions. The collaborating physician is not required to be physically present so long as the collaborating physician and physician assistant are or can be easily in contact with each other by radio, telephone, or other telecommunication device.
History:
1995 c 205 art 1 s 2; 2004 c 279 art 2 s 1; 2009 c 159 s 15; 2020 c 115 art 2 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.025 — Temporary Permit.

147A.025 TEMPORARY PERMIT.
(a) An applicant for licensure under section 147A.02 may request the board to issue a temporary permit in accordance with this section. Upon receipt of the application for licensure, a request for a temporary permit, and a nonrefundable physician assistant application fee as specified under section 147A.28, the board may issue a temporary permit to practice as a physician assistant if the applicant is:
(1) currently licensed in good standing to practice as a physician assistant in another state, territory, or Canadian province; and
(2) not subject to a pending investigation or disciplinary action in any state, territory, or Canadian province.
(b) A temporary permit issued under this section is nonrenewable and shall be valid until a decision is made on the physician assistant's application for licensure or for 90 days, whichever occurs first.
(c) The board may revoke the temporary permit that has been issued under this section if the applicant is the subject of an investigation or disciplinary action or is disqualified for licensure for any other reason.
(d) Notwithstanding section 13.41, subdivision 2, the board may release information regarding any action taken by the board pursuant to this section.
History:
2022 c 99 art 2 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.03 — Protected Titles And Restrictions On Use.

147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
Subdivision 1.
Protected titles.
No individual may use the titles "Minnesota Licensed Physician Assistant," "Licensed Physician Assistant," "Physician Assistant," or "PA" in connection with the individual's name, or any other words, letters, abbreviations, or insignia indicating or implying that the individual is licensed by the state unless they have been licensed according to this chapter.
Subd. 1a.
Licensure required.
Except as provided under subdivision 2, it is unlawful for any person to practice as a physician assistant without being issued a valid license according to this chapter.
Subd. 2.
Health care practitioners.
Individuals practicing in a health care occupation are not restricted in the provision of services included in this chapter as long as they do not hold themselves out as physician assistants by or through the titles provided in subdivision 1 in association with provision of these services.
Subd. 3.
[Repealed by amendment, 2009 c 159 s 16]
Subd. 4.
Sanctions.
Individuals who hold themselves out as physician assistants by or through any of the titles provided in subdivision 1 without prior licensure shall be subject to sanctions or actions against continuing the activity according to section 214.11, or other authority.
History:
1995 c 205 art 1 s 3; 2009 c 159 s 16; 2020 c 115 art 2 s 9
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.05 — Inactive License.

147A.05 INACTIVE LICENSE.
(a) Physician assistants who notify the board in writing may elect to place their license on an inactive status. Physician assistants with an inactive license shall be excused from payment of renewal fees and shall not practice as physician assistants. Persons who engage in practice while their license is lapsed or on inactive status shall be considered to be practicing without a license, which shall be grounds for discipline under section 147A.13. Physician assistants who provide care under the provisions of section 147A.23 shall not be considered practicing without a license or subject to disciplinary action. Physician assistants who notify the board of their intent to resume active practice shall be required to pay the current renewal fees and all unpaid back fees and shall be required to meet the criteria for renewal specified in section 147A.07.
(b) Notwithstanding section 147A.03, subdivision 1, a person with an inactive license may continue to use the protected titles specified in section 147A.03, subdivision 1, so long as the person does not practice as a physician assistant.
History:
1995 c 205 art 1 s 5; 2009 c 159 s 18; 2020 c 115 art 2 s 10
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.06 — Cancellation Of License For Nonrenewal.

147A.06 CANCELLATION OF LICENSE FOR NONRENEWAL.
Subdivision 1.
Cancellation of license.
The board shall not renew, reissue, reinstate, or restore a license that has lapsed and has not been renewed within two annual renewal cycles. A licensee whose license is canceled for nonrenewal must obtain a new license by applying for licensure and fulfilling all requirements then in existence for an initial license to practice as a physician assistant.
Subd. 2.
Licensure following lapse of licensed status; transition.
(a) A licensee whose license has lapsed under subdivision 1 before January 1, 2020, and who seeks to regain licensed status after January 1, 2020, shall be treated as a first-time licensee only for purposes of establishing a license renewal schedule, and shall not be subject to the license cycle conversion provisions in section 147A.29.
(b) This subdivision expires July 1, 2022.
History:
1995 c 205 art 1 s 6; 2009 c 159 s 19; 2019 c 8 art 1 s 1; 2020 c 115 art 2 s 11
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.07 — Renewal.

147A.07 RENEWAL.
(a) A person who holds a license as a physician assistant shall annually, upon notification from the board, renew the license by:
(1) submitting the appropriate fee as determined by the board;
(2) completing the appropriate forms; and
(3) meeting any other requirements of the board.
(b) A licensee must maintain a correct mailing address with the board for receiving board communications, notices, and license renewal documents. Placing the license renewal application in first-class United States mail, addressed to the licensee at the licensee's last known address with postage prepaid, constitutes valid service. Failure to receive the renewal documents does not relieve a licensee of the obligation to comply with this section.
(c) The name of a licensee who does not return a complete license renewal application, annual license fee, or late application fee, as applicable, within the time period required by this section shall be removed from the list of individuals authorized to practice during the current renewal period. If the licensee's license is reinstated, the licensee's name shall be placed on the list of individuals authorized to practice.
History:
1995 c 205 art 1 s 7; 2009 c 159 s 20; 2019 c 8 art 1 s 2
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.08 — Exemptions.

147A.08 EXEMPTIONS.
(a) This chapter does not apply to, control, prevent, or restrict the practice, service, or activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13); persons regulated under section 214.01, subdivision 2; or midlevel practitioners, nurses, or nurse-midwives as defined in section 144.1501, subdivision 1.
(b) Nothing in this chapter shall be construed to require licensure of:
(1) a physician assistant student enrolled in a physician assistant educational program accredited by the Accreditation Review Commission on Education for the Physician Assistant or by its successor agency approved by the board;
(2) a physician assistant employed in the service of the federal government while performing duties incident to that employment; or
(3) technicians, other assistants, or employees of physicians who perform delegated tasks in the office of a physician but who do not identify themselves as a physician assistant.
History:
1995 c 205 art 1 s 8; 1997 c 183 art 2 s 20; 1Sp2003 c 14 art 7 s 47; 1Sp2005 c 4 art 6 s 40; 2009 c 159 s 21; 2016 c 158 art 1 s 65; 2023 c 75 s 8
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.15 — Immunity.

147A.15 IMMUNITY.
Subdivision 1.
Reporting.
Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting a report to the board pursuant to this chapter or for otherwise reporting to the board violations or alleged violations of this chapter. All such reports are confidential and absolutely privileged communications.
Subd. 2.
Investigation; indemnification.
(a) Members of the board, persons employed by the board, and consultants retained by the board for the purpose of investigation of violations or the preparation and management of charges of violations of this chapter on behalf of the board are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under this chapter.
(b) Members of the board and persons employed by the board or engaged in maintaining records and making reports regarding adverse health care events are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of or relating to their duties under section 147A.155.
(c) For purposes of this section, a member of the board or a consultant described in paragraph (a) is considered a state employee under section 3.736, subdivision 9.
Subd. 3.
Physician assistant cooperation.
A physician assistant who is the subject of an investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by or on behalf of the board relating to the subject of the investigation and providing copies of patient medical records, as reasonably requested by the board, to assist the board in its investigation. The board shall pay for copies requested. If the board does not have a written consent from a patient permitting access to the patient's records, the physician assistant shall delete any data in the record which identifies the patient before providing it to the board. The board shall maintain any records obtained pursuant to this section as investigative data pursuant to chapter 13.
History:
1995 c 205 art 1 s 14; 2004 c 186 s 5
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.155 — Reports To Commissioner Of Health.

147A.155 REPORTS TO COMMISSIONER OF HEALTH.
(a) The board shall maintain a record of an event that comes to the board's attention that, in the judgment of the board or a committee of the board, qualifies as an adverse health care event under section 144.7065.
(b) Within 30 days of making a determination under paragraph (a) that an event qualifies as an adverse health care event, the board shall forward to the commissioner of health a report of the event, including the facility involved, the date of the event, and information known to the board regarding the event. The report shall not include any identifying information for any of the health care professionals, facility employees, or patients involved.
History:
2004 c 186 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.16 — Forms Of Disciplinary Action.

147A.16 FORMS OF DISCIPLINARY ACTION.
(a) When the board finds that a licensed physician assistant has violated a provision of this chapter, it may do one or more of the following:
(1) revoke the license;
(2) suspend the license;
(3) impose limitations or conditions on the physician assistant's practice, including limiting the scope of practice to designated field specialties; imposing retraining or rehabilitation requirements; or limiting practice until demonstration of knowledge or skills by appropriate examination or other review of skill and competence;
(4) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of the civil penalty to be fixed to deprive the physician assistant of any economic advantage gained by reason of the violation charged or to reimburse the board for the cost of the investigation and proceeding; or
(5) censure or reprimand the licensed physician assistant.
(b) Upon judicial review of any board disciplinary action taken under this chapter, the reviewing court shall seal the administrative record, except for the board's final decision, and shall not make the administrative record available to the public.
History:
1995 c 205 art 1 s 15; 2009 c 159 s 25; 2020 c 115 art 2 s 15; 2023 c 70 art 6 s 13
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.17 — Physician Assistant Accountability.

147A.17 PHYSICIAN ASSISTANT ACCOUNTABILITY.
Subdivision 1.
Investigation.
The board shall maintain and keep current a file containing the reports and complaints filed against physician assistants in the state. Each complaint filed with the board pursuant to section 214.10, subdivision 1, shall be investigated according to section 214.10, subdivision 2.
Whenever the files maintained by the board show that a medical malpractice settlement or award to the plaintiff has been made against a physician assistant as reported by insurers pursuant to this chapter, the executive director of the board shall notify the board and the board may authorize a review of the physician assistant's practice.
Subd. 2.
Attorney general investigation.
When the board initiates a review of a physician assistant's practice, it shall notify the attorney general who shall investigate the matter in the same manner as provided in section 214.10. If an investigation is to be made, the attorney general shall notify the physician assistant, and, if the incident being investigated occurred there, the administrator and chief of staff at the medical care facilities in which the physician assistant serves.
Subd. 3.
Access to hospital records.
The board shall have access to hospital and medical records of a patient treated by the physician assistant under review if the patient signs a written consent form permitting such access. If no consent form has been signed, the hospital or physician assistant shall first delete data in the record which identifies the patient before providing it to the board.
History:
1995 c 205 art 1 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.185 — Prescribing Drugs And Therapeutic Devices.

147A.185 PRESCRIBING DRUGS AND THERAPEUTIC DEVICES.
Subdivision 1.
Diagnosis, prescribing, and ordering.
A physician assistant is authorized to:
(1) diagnose, prescribe, and institute therapy or referrals of patients to health care agencies and providers;
(2) prescribe, procure, sign for, record, administer, and dispense over-the-counter drugs, legend drugs, and controlled substances, including sample drugs; and
(3) plan and initiate a therapeutic regimen that includes ordering and prescribing durable medical devices and equipment, nutrition, diagnostic services, and supportive services including but not limited to home health care, hospice, physical therapy, and occupational therapy.
Subd. 2.
Drug Enforcement Administration requirements.
(a) A physician assistant must:
(1) comply with federal Drug Enforcement Administration (DEA) requirements related to controlled substances; and
(2) file any and all of the physician assistant's DEA registrations and numbers with the board.
(b) The board shall maintain current records of all physician assistants with DEA registration and numbers.
Subd. 3.
Other requirements and restrictions.
(a) Each prescription initiated by a physician assistant shall indicate the following:
(1) the date of issue;
(2) the name and address of the patient;
(3) the name and quantity of the drug prescribed;
(4) directions for use; and
(5) the name and address of the prescribing physician assistant.
(b) In prescribing, dispensing, and administering legend drugs, controlled substances, and medical devices, a physician assistant must comply with this chapter and chapters 151 and 152.
History:
2020 c 115 art 2 s 16
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.19 — Identification Requirements.

147A.19 IDENTIFICATION REQUIREMENTS.
Physician assistants licensed under this chapter shall keep their license available for inspection at their primary place of business and shall, when engaged in their professional activities, wear a name tag identifying themselves as a "physician assistant."
History:
1995 c 205 art 1 s 18; 2009 c 159 s 27
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.23 — Responding To Disaster Situations.

147A.23 RESPONDING TO DISASTER SITUATIONS.
A physician assistant duly licensed or credentialed in a United States jurisdiction or by a federal employer who is responding to a need for medical care created by an emergency according to section 604A.01, or a state or local disaster may render such care as the physician assistant is trained to provide, under the physician assistant's license or credential.
History:
1999 c 226 s 1; 2000 c 298 s 1; 2009 c 159 s 30; 2020 c 115 art 2 s 17
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.24 — Continuing Education Requirements.

147A.24 CONTINUING EDUCATION REQUIREMENTS.
Subdivision 1.
Amount of education required.
Applicants for license renewal must either meet standards for continuing education through current certification by the National Commission on Certification of Physician Assistants, or its successor agency as approved by the board, or provide evidence of successful completion of at least 50 contact hours of continuing education within the two years immediately preceding license renewal.
Subd. 2.
Type of education required.
Continuing education is approved if it is equivalent to category 1 credit hours as defined by the American Osteopathic Association Bureau of Professional Education, the Royal College of Physicians and Surgeons of Canada, the American Academy of Physician Assistants, or by organizations that have reciprocal arrangements with the physician recognition award program of the American Medical Association.
History:
1995 c 205 art 1 s 22; 2003 c 2 art 1 s 20; 2009 c 159 s 31
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.26 — Procedures.

147A.26 PROCEDURES.
The board shall establish, in writing, internal operating procedures for receiving and investigating complaints, accepting and processing applications, granting licenses, and imposing enforcement actions. The written internal operating procedures may include procedures for sharing complaint information with government agencies in this and other states. Procedures for sharing complaint information must be consistent with the requirements for handling government data under chapter 13.
History:
1995 c 205 art 1 s 24; 1997 c 187 art 2 s 4; 2009 c 159 s 32
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.27 — Physician Assistant Advisory Council.

147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
Subdivision 1.
Membership.
The Physician Assistant Advisory Council is created and is composed of seven persons appointed by the board. The seven persons must include:
(1) two public members, as defined in section 214.02;
(2) three physician assistants licensed under this chapter who meet the criteria for a new applicant under section 147A.02; and
(3) two licensed physicians with experience practicing with physician assistants.
Subd. 2.
Organization.
The council shall be organized and administered under section 15.059.
Subd. 3.
Duties.
The council shall advise the board regarding:
(1) physician assistant licensure standards;
(2) enforcement of grounds for discipline;
(3) distribution of information regarding physician assistant licensure standards;
(4) applications and recommendations of applicants for licensure or license renewal;
(5) complaints and recommendations to the board regarding disciplinary matters and proceedings concerning applicants and licensees according to sections 214.10; 214.103; and 214.13, subdivisions 6 and 7; and
(6) issues related to physician assistant practice and regulation.
The council shall perform other duties authorized for the council by chapter 214 as directed by the board.
History:
1997 c 120 s 1; 2000 c 298 s 2; 2007 c 123 s 7; 2009 c 159 s 33; 2018 c 130 s 1; 2022 c 58 s 85
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147A — Physician Assistants, Licensing › Section 147A.28 — Physician Assistant Application And License Fees.

147A.28 PHYSICIAN ASSISTANT APPLICATION AND LICENSE FEES.
(a) The board may charge the following nonrefundable fees:
(1) physician assistant application fee, $120;
(2) physician assistant annual license renewal fee, $115;
(3) physician assistant locum tenens permit, $25;
(4) physician assistant late fee, $50;
(5) duplicate license fee, $20;
(6) certification letter fee, $25;
(7) education or training program approval fee, $100;
(8) report creation and generation fee, $60 per hour; and
(9) verification fee, $25.
(b) The board may prorate the initial annual license fee. All licensees are required to pay the full fee upon license renewal. The revenue generated from the fees must be deposited in an account in the state government special revenue fund.
History:
1Sp2017 c 6 art 11 s 4; 2019 c 8 art 7 s 4; 2020 c 79 art 1 s 5; 2022 c 99 art 2 s 6
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147B — Acupuncture Practitioners › Section 147B.03 — Nccaom Professional Development Activity Requirements.

147B.03 NCCAOM PROFESSIONAL DEVELOPMENT ACTIVITY REQUIREMENTS.
Subdivision 1.
NCCAOM requirements.
Unless a person is licensed under section 147B.02, subdivision 6, each licensee is required to meet the NCCAOM professional development activity requirements to maintain NCCAOM certification. These requirements may be met through a board approved continuing education program.
Subd. 2.
Board approval.
The board shall approve a continuing education program if the program meets the following requirements:
(1) it directly relates to the practice of acupuncture;
(2) each member of the faculty shows expertise in the subject matter by holding a degree or certificate from an educational institution, has verifiable experience in traditional Oriental medicine, or has special training in the subject area;
(3) the program lasts at least one contact hour;
(4) there are specific written objectives describing the goals of the program for the participants; and
(5) the program sponsor maintains attendance records for four years.
Subd. 3.
Continuing education topics.
(a) Continuing education program topics may include, but are not limited to, Oriental medical theory and techniques including Oriental massage; Oriental nutrition; Oriental herbology and diet therapy; Oriental exercise; western sciences such as anatomy, physiology, biochemistry, microbiology, psychology, nutrition, history of medicine; and medical terminology or coding.
(b) Practice management courses are excluded under this section.
Subd. 4.
Verification.
The board shall periodically select a random sample of acupuncturists and require the acupuncturist to show evidence of having completed the NCCAOM professional development activities requirements. Either the acupuncturist, the state, or the national organization that maintains continuing education records may provide the board documentation of the continuing education program.
History:
1995 c 177 s 4; 1998 c 254 art 1 s 45,46; 2016 c 158 art 1 s 66
2023 Minnesota Statutes › Chapters 144 - 159 — Health › Chapter 147B — Acupuncture Practitioners › Section 147B.04 — Board Action On Applications.

147B.04 BOARD ACTION ON APPLICATIONS.
Subdivision 1.
Verification of application information.
The board or Acupuncture Advisory Council established under section 147B.05, with the approval of the board, may verify information provided by an application for licensure under section 147B.02 to determine if the information is accurate and complete.
Subd. 2.
Notification of board action.
Within 120 days of receipt of the application, the board shall notify each applicant in writing of the action taken on the application.
Subd. 3.
Request for hearing by applicant denied.
An applicant denied licensure must be notified of the determination, and the grounds for it, and may request a hearing on the determination by filing a written 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.
History:
1995 c 177 s 5