Board of Medical Practice membership modified, complaint review committee membership and processes requirements established, provider profiles information on Board website requirements established, posted information requirements established, and audit required.

A bill for an act

relating to health; modifying membership of Board of Medical Practice; establishing

requirements for complaint review committee membership and processes;

establishing requirements for information on provider profiles on Board of Medicine

website; establishing requirements for posted information at points of patient

contact; requiring an audit; requiring reports; amending Minnesota Statutes 2024,

sections 147.01, subdivisions 1, 2, 4; 147.02, subdivision 5; Minnesota Statutes

2025 Supplement, section 147.091, subdivision 1; proposing coding for new law

in Minnesota Statutes, chapter 147.

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

Section 1.

Minnesota Statutes 2024, section 147.01, subdivision 1, is amended to read:

Subdivision 1.

Creation; terms.

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(a)
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The Board of Medical Practice consists of
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16
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17
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residents of the state of Minnesota appointed by the governor.
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Eleven
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Nine
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board members

must be licensed to practice medicine under this chapter. At least one board member must

hold a degree of doctor of medicine, and at least one board member must hold a degree of

doctor of osteopathic medicine.
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Five
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Eight
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board members must be public members as

defined by section
214.02
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and must meet the criteria in paragraph (b)
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. The governor shall

make appointments to the board which reflect the geography of the state. In making these

appointments, the governor shall ensure that
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no more than
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one public member resides in

each United States congressional district, and that at least one member who is not a public

member resides in each United States congressional district. The board members holding

the degree of doctor of medicine or doctor of osteopathic medicine must, as a whole, reflect

the broad mix of expertise of physicians practicing in Minnesota. A member may be

reappointed but shall not serve more than eight years consecutively. Membership terms,

compensation of members, removal of members, the filling of membership vacancies, and

fiscal year and reporting requirements are as provided in sections
214.07
to
214.09
. The

provision of staff, administrative services and office space; the review and processing of

complaints; the setting of board fees; and other provisions relating to board operations are

as provided in chapter 214.

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(b) Each public member must meet the following criteria:

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(1) has experience in consumer advocacy or public interest advocacy relating to health

care safety and quality improvement;

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(2) has communication and negotiation skills;

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(3) has expressed commitment to the time necessary to fully participate in all board

activities;

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(4) has education or training in particular health care concerns of diverse demographic

groups;

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(5) has current community connections to organizations representing diverse population

groups or has expressed intent to establish community connections to organizations

representing diverse population groups; and

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(6) has experience serving for civic, educational, or benevolent organizations.

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EFFECTIVE DATE.

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This section is effective January 1, 2027.

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Sec. 2.

Minnesota Statutes 2024, section 147.01, subdivision 2, is amended to read:

Subd. 2.

Recommendations for appointment.

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(a)
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Prior to the end of the term of a

doctor of medicine or public member on the board, or within 60 days after a doctor of

medicine or public member position on the board becomes vacant, the State Medical

Association, the Mental Health Association of Minnesota,
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patient safety advocacy

organizations,
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and other interested persons and organizations may recommend to the governor

doctors of medicine and public members qualified to serve on the board. Prior to the end

of the term of an osteopathic physician, or within 60 days after an osteopathic physician

membership becomes vacant, the Minnesota Osteopathic Medical Society may recommend

to the governor three osteopathic physicians qualified to serve on the board. The governor

may appoint members to the board from the list of persons recommended or from among

other qualified candidates.

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(b) At least 60 days prior to filling the vacancy of any public member, notice of the

vacancy for the public member must be published in the newspaper of record in the

congressional district in which the vacancy will occur.

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EFFECTIVE DATE.

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This section is effective January 1, 2027.

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Sec. 3.

Minnesota Statutes 2024, section 147.01, subdivision 4, is amended to read:

Subd. 4.

Disclosure.

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(a)
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Subject to the exceptions listed in this subdivision, all

communications or information received by or disclosed to the board relating to any person

or matter subject to its regulatory jurisdiction are confidential and privileged and any

disciplinary hearing shall be closed to the public
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, except that a complainant, respondent, or

the legal representative of a complainant or respondent must be provided access to all

communications and information received and any disciplinary hearing held in relation to

proceedings in which the complainant or respondent are subjects
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.

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(a)
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(b)
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Upon application of a party in a proceeding before the board
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under section
147.091
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,

the board shall produce and permit the inspection and copying, by or on behalf of the moving

party, of any designated documents or papers relevant to the proceedings, in accordance

with the provisions of
rule 34
, Minnesota Rules of Civil Procedure.

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(b)
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(c)
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If the board takes corrective action or imposes disciplinary measures of any kind,

whether by contested case or by settlement agreement, the name and business address of

the licensee, the nature of the misconduct, and the action taken by the board are public data.

If disciplinary action is taken by settlement agreement, the entire agreement is public data.

The board shall decide disciplinary matters, whether by settlement or by contested case, by

roll call vote. The votes are public data.

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(c)
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(d)
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The board shall exchange information with other licensing boards, agencies, or

departments within the state, as required under section
214.10, subdivision 8
, paragraph

(c), and may release information in the reports required under section
147.02, subdivision

6
.

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(d)
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(e)
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The board shall upon request furnish to a person who made a complaint, or the

alleged victim
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of a violation of section
147.091, subdivision 1
, paragraph (t)
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, or both, a

description of the activities and actions of the board relating to that complaint, a summary

of the results of an investigation of that complaint, and the reasons for actions taken by the

board.

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(e)
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(f)
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A probable cause hearing held pursuant to section
147.092
shall be closed to the

public,
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except that an alleged victim, a respondent, or the legal representative of an alleged

victim or respondent must be provided access to a probable cause hearing held in relation

to proceedings in which the alleged victim or respondent are subjects, and
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except for the

notices of hearing made public by operation of section
147.092
.

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(f)
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(g)
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Findings of fact, conclusions, and recommendations issued by the administrative

law judge, and transcripts of oral arguments before the board pursuant to a contested case

proceeding in which an administrative law judge found a violation of section
147.091,

subdivision 1
, paragraph (t), are public data.

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(h) The board must post the following information on a physician's profile on the board's

public website:

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(1) all past and present board disciplinary actions against the physician, including

accessible electronic copies of all documents related to any board disciplinary action;

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(2) all malpractice settlements to which a physician is a party;

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(3) all known disciplinary actions taken against the physician in any other state;

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(4) all hospital privileging actions involving the physician; and

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(5) all civil and criminal actions against the physician in state or federal courts relating

to their practice as a physician.

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(i) The board must post the information required under paragraph (h) in a manner that

complies with all relevant laws relating to patient confidentiality.

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EFFECTIVE DATE.

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This section is effective January 1, 2027.

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Sec. 4.

Minnesota Statutes 2024, section 147.02, subdivision 5, is amended to read:

Subd. 5.

Procedures.

The board shall adopt a written statement of internal operating

procedures describing procedures for receiving and investigating complaints, reviewing

misconduct cases, and imposing disciplinary actions.
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Any complaint review committee

(CRC) established within the board to investigate complaints, review misconduct cases,

and impose disciplinary actions must be comprised of four board members. Two members

of a CRC must be physician members and two members must be public members. A

complainant, respondent, or the legal representative of a complainant or respondent must

be provided access to all communications and information received and any hearing held

in relation to CRC proceedings in which the complainant or respondent are subjects.
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Sec. 5.

Minnesota Statutes 2025 Supplement, section 147.091, subdivision 1, is amended

to read:

Subdivision 1.

Grounds listed.

The board may refuse to grant a license, may refuse to

grant registration to perform interstate telehealth services, or may impose disciplinary action

as described in section
147.141
against any physician. The following conduct is prohibited

and is grounds for disciplinary action:

(a) Failure to demonstrate the qualifications or satisfy the requirements for a license

contained in this chapter or rules of the board. The burden of proof shall be upon the applicant

to demonstrate such qualifications or satisfaction of such requirements.

(b) Obtaining a license by fraud or cheating, or attempting to subvert the licensing

examination process. Conduct which subverts or attempts to subvert the licensing examination

process includes, but is not limited to: (1) conduct which violates the security of the

examination materials, such as removing examination materials from the examination room

or having unauthorized possession of any portion of a future, current, or previously

administered licensing examination; (2) conduct which violates the standard of test

administration, such as communicating with another examinee during administration of the

examination, copying another examinee's answers, permitting another examinee to copy

one's answers, or possessing unauthorized materials; or (3) impersonating an examinee or

permitting an impersonator to take the examination on one's own behalf.

(c) Conviction, during the previous five years, of a felony reasonably related to the

practice of medicine or osteopathic medicine. Conviction as used in this subdivision shall

include a conviction of an offense which if committed in this state would be deemed a felony

without regard to its designation elsewhere, or a criminal proceeding where a finding or

verdict of guilt is made or returned but the adjudication of guilt is either withheld or not

entered thereon.

(d) Revocation, suspension, restriction, limitation, or other disciplinary action against

the person's medical license in another state or jurisdiction, failure to report to the board

that charges regarding the person's license have been brought in another state or jurisdiction,

or having been refused a license by any other state or jurisdiction.

(e) Advertising which is false or misleading, which violates any rule of the board, or

which claims without substantiation the positive cure of any disease, or professional

superiority to or greater skill than that possessed by another physician.

(f) Violating a rule promulgated by the board or an order of the board, a state, or federal

law which relates to the practice of medicine, or in part regulates the practice of medicine

including without limitation sections
604.201
,
609.344
, and
609.345
, or a state or federal

narcotics or controlled substance law.

(g) Engaging in any unethical or improper conduct, including but not limited to:

(1) conduct likely to deceive or defraud the public;

(2) conduct likely to harm the public;

(3) conduct that demonstrates a willful or careless disregard for the health, welfare, or

safety of a patient;

(4) medical practice that is professionally incompetent; and

(5) conduct that may create unnecessary danger to any patient's life, health, or safety,

in any of which cases, proof of actual injury need not be established.

(h) Failure to provide proper supervision, including but not limited to supervision of a:

(1) licensed or unlicensed health care provider; and

(2) physician under any agreement with the board.

(i) Aiding or abetting an unlicensed person in the practice of medicine, except that it is

not a violation of this paragraph for a physician to employ, supervise, or delegate functions

to a qualified person who may or may not be required to obtain a license or registration to

provide health services if that person is practicing within the scope of that person's license

or registration or delegated authority.

(j) Adjudication by a court of competent jurisdiction, within or outside this state, as:

(1) mentally incompetent;

(2) mentally ill;

(3) developmentally disabled;

(4) a chemically dependent person;

(5) a person dangerous to the public;

(6) a sexually dangerous person; or

(7) a person who has a sexual psychopathic personality.

Such adjudication shall automatically suspend a license for the duration of the

adjudication unless the board orders otherwise.

(k) Conduct that departs from or fails to conform to the minimal standards of acceptable

and prevailing medical practice in which case proof of actual injury need not be established.

(l) Inability to practice medicine with reasonable skill and safety to patients by reason

of the following, including but not limited to:

(1) illness;

(2) intoxication;

(3) use of drugs, narcotics, chemicals, or any other type of substance;

(4) mental condition;

(5) physical condition;

(6) diminished cognitive ability;

(7) loss of motor skills; or

(8) deterioration through the aging process.

(m) Revealing a privileged communication from or relating to a patient except when

otherwise required or permitted by law.

(n) Failure by a doctor of osteopathic medicine to identify the school of healing in the

professional use of the doctor's name by one of the following terms: osteopathic physician

and surgeon, doctor of osteopathic medicine, or D.O.

(o) Improper management of medical records, including failure to maintain adequate

medical records, to comply with a patient's request made pursuant to sections
144.291
to

144.298
, or to furnish a medical record or report required by law.

(p) Fee splitting, including without limitation:

(1) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, or

remuneration, directly or indirectly, primarily for the referral of patients or the prescription

of drugs or devices;

(2) dividing fees with another physician or a professional corporation, unless the division

is in proportion to the services provided and the responsibility assumed by each professional

and the physician has disclosed the terms of the division;

(3) referring a patient to any health care provider as defined in sections
144.291
to

144.298
in which the referring physician has a "financial or economic interest," as defined

in section
144.6521, subdivision 3
, unless the physician has disclosed the physician's financial

or economic interest in accordance with section
144.6521
; and

(4) dispensing for profit any drug or device, unless the physician has disclosed the

physician's own profit interest.

The physician must make the disclosures required in this clause in advance and in writing

to the patient and must include in the disclosure a statement that the patient is free to choose

a different health care provider. This clause does not apply to the distribution of revenues

from a partnership, group practice, nonprofit corporation, or professional corporation to its

partners, shareholders, members, or employees if the revenues consist only of fees for

services performed by the physician or under a physician's direct supervision, or to the

division or distribution of prepaid or capitated health care premiums, or fee-for-service

withhold amounts paid under contracts established under other state law.

(q) Engaging in abusive or fraudulent billing practices, including violations of the federal

Medicare and Medicaid laws or state medical assistance laws.

(r) Becoming addicted or habituated to a drug or intoxicant.

(s) Inappropriate prescribing of or failure to properly prescribe a drug or device, including

prescribing a drug or device for other than medically accepted therapeutic or experimental

or investigative purposes authorized by a state or federal agency.

(t) Engaging in conduct with a patient which is sexual or may reasonably be interpreted

by the patient as sexual, or in any verbal behavior which is seductive or sexually demeaning

to a patient.

(u) Failure to make reports as required by section
147.111
or to cooperate with an

investigation of the board as required by section
147.131
.

(v) Knowingly providing false or misleading information that is directly related to the

care of that patient unless done for an accepted therapeutic purpose such as the administration

of a placebo.

(w) Aiding suicide or aiding attempted suicide in violation of section
609.215
as

established by any of the following:

(1) a copy of the record of criminal conviction or plea of guilty for a felony in violation

of section
609.215, subdivision 1 or 2
;

(2) a copy of the record of a judgment of contempt of court for violating an injunction

issued under section
609.215, subdivision 4
;

(3) a copy of the record of a judgment assessing damages under section
609.215,

subdivision 5
; or

(4) a finding by the board that the person violated section
609.215, subdivision 1 or 2
.

The board shall investigate any complaint of a violation of section
609.215, subdivision 1

or 2
.

(x) Practice of a board-regulated profession under lapsed or nonrenewed credentials.

(y) Failure to repay a state or federally secured student loan in accordance with the

provisions of the loan.

(z) Providing interstate telehealth services other than according to section
147.032
.

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(aa) Failure to post the mandatory informational document in the manner required by

section 147.371.

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Sec. 6.

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[147.142] REPORT ON COMPLAINTS.

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(a) The board must collect and analyze data from all complaints filed against all

physicians over which the board has jurisdiction, regardless of whether the complaint resulted

in disciplinary action.

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(b) Beginning January 1, 2029, and every two years thereafter, the board must provide

a report on all complaints collected and analyzed under paragraph (a) to the legislative

committees with jurisdiction over health finance and policy. The report must include but is

not limited to the following information:

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(1) the mean and median amount of time for resolution of complaints over the preceding

two-year period; and

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(2) recommendations for policies, procedures, and legislative action required to improve

board complaint response time and accessibility for patients.

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(c) The board must complete and present the report under this section in a manner that

complies with all relevant laws relating to patient confidentiality.

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Sec. 7.

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[147.143] LEGISLATIVE AUDITOR.

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(a) Beginning January 1, 2029, and every four years thereafter, the legislative auditor

must examine and audit all physician complaints filed with the board in the prior four years,

regardless of whether the complaint resulted in disciplinary action. The board must pay the

cost of the audit to the state and the cost must be credited to the general fund.

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(b) The legislative auditor must complete and present the audit report under this section

in a manner that complies with all relevant laws relating to patient confidentiality.

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(c) The board must file copies of the audit report with the commissioner of health and

the director of the Legislative Reference Library. The Legislative Reference Library must

make the audit report accessible to the public.

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(d) The legislative auditor must present the audit report to the chairs and ranking minority

members of the legislative committees with jurisdiction over health finance and policy at

a hearing within 60 days after the legislative auditor releases the audit report.

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Sec. 8.

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[147.371] INFORMATION PROVISION; PHYSICIAN HISTORY AND

COMPLAINTS.

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(a) All physicians must post an informational document provided by the board informing

patients where and how a patient can access physician practice history and complaint process

information. The informational document must include, at a minimum:

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(1) a list of all types of physicians over which the board is responsible and hears

complaints regarding;

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(2) a mailing address specifically for board receipt of complaints;

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(3) a telephone number that patients may call for assistance in filing a complaint;

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(4) an email address specifically for board receipt of complaints; and

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(5) a website address and quick response (QR) code directing patients to online access

to physician practice history and additional information regarding the complaint process.

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(b) Physicians must post the informational document required under paragraph (a) in a

location visible to patients in every physician's office, examination room, hospital room,

and other point of patient contact.

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(c) The board must make the informational document required under this section available

in English, Hmong, Spanish, Somali, Karen, and braille. The board must make the

informational document available in any other language or any other format to accommodate

a disability as requested by a physician or patient.

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(d) The board must provide the informational document required under this section to

all physicians free of cost.

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