HF 1383

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to professions; modifying provisions relating 
  1.3             to optometrist licensing; amending Minnesota Statutes 
  1.4             1998, sections 148.57, subdivision 1; and 148.61, 
  1.5             subdivision 5; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 148. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 148.57, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [EXAMINATION.] (a) A person not authorized 
  1.11  to practice optometry in the state and desiring to do so shall 
  1.12  apply to the director of the state board of optometry and pay to 
  1.13  the board a fee in an amount set by the board.  The candidate 
  1.14  desiring to apply to the board shall complete a form furnished 
  1.15  by the board.  With the submission of the application form, the 
  1.16  candidate shall prove that the candidate (a): 
  1.17     (1) is of good moral character, and (b)  is a graduate of; 
  1.18     (2) has obtained a clinical doctorate from an optometry 
  1.19  school requiring at least two academic years of preprofessional 
  1.20  training for admittance to such the school and which has been 
  1.21  approved by the board, or is currently enrolled in the final 
  1.22  year of study at such a school,; and 
  1.23     (3) pass passed all parts of an examination.  
  1.24     (b) The examination shall include both a written portion 
  1.25  and a clinical practical portion and shall thoroughly test the 
  1.26  fitness of the candidate to practice in this state.  In regard 
  2.1   to the written and clinical practical examinations, the 
  2.2   board (a) may: 
  2.3      (1) prepare, administer, and grade the examination 
  2.4   itself or (b) may; 
  2.5      (2) recognize and approve in whole or in part an 
  2.6   examination prepared, administered and graded by a national 
  2.7   board of examiners in optometry; or (c) may 
  2.8      (3) administer a recognized and approved examination 
  2.9   prepared and graded by or under the direction of a national 
  2.10  board of examiners in optometry.  
  2.11     (c) The board shall issue a license to each applicant who 
  2.12  satisfactorily passes the examinations and fulfills the other 
  2.13  requirements stated in this section.  The applicant shall pay to 
  2.14  the board a fee as set by the board upon issuance of the 
  2.15  license.  In the event the candidate fails to pass a part of the 
  2.16  examination, upon the payment of an additional fee as set by the 
  2.17  board, the candidate may reapply to the board of optometry.  The 
  2.18  fees mentioned in this section are for the use of the board and 
  2.19  in no case shall be refunded. 
  2.20     Sec. 2.  [148.603] [FORMS OF DISCIPLINARY ACTIONS.] 
  2.21     When grounds exist under section 148.57, subdivision 3, or 
  2.22  other statute or rule which the board is authorized to enforce, 
  2.23  the board may take one or more of the following disciplinary 
  2.24  actions, provided that disciplinary or corrective action may not 
  2.25  be imposed by the board on any regulated person except after a 
  2.26  contested case hearing conducted pursuant to chapter 14 or by 
  2.27  consent of the parties: 
  2.28     (1) deny an application for a credential; 
  2.29     (2) revoke the regulated person's credential; 
  2.30     (3) suspend the regulated person's credential; 
  2.31     (4) impose limitations on the regulated person's 
  2.32  credential; 
  2.33     (5) impose conditions on the regulated person's credential; 
  2.34     (6) censure or reprimand the regulated person; 
  2.35     (7) impose a civil penalty not exceeding $10,000 for each 
  2.36  separate violation, the amount of the civil penalty to be fixed 
  3.1   so as to deprive the person of any economic advantage gained by 
  3.2   reason of the violation or to discourage repeated violations; 
  3.3      (8) impose a fee to reimburse the board for all or part of 
  3.4   the costs of the proceedings resulting in disciplinary action, 
  3.5   including the costs of legal and investigative services provided 
  3.6   by the office of the attorney general, the costs of legal 
  3.7   services provided by the office of administrative hearings, 
  3.8   consultant fees, evaluation costs, court reporter fees, witness 
  3.9   fees, costs of reproducing records, board members' per diem 
  3.10  compensation, board staff time, and expense incurred by board 
  3.11  members and staff; 
  3.12     (9) when grounds exist under section 148.57, subdivision 3, 
  3.13  or a board rule, enter into an agreement with the regulated 
  3.14  person for corrective action which may include requiring the 
  3.15  regulated person: 
  3.16     (i) to complete an educational course or activity; 
  3.17     (ii) to submit to the executive director or designated 
  3.18  board member a written protocol or reports designed to prevent 
  3.19  future violations of the same kind; 
  3.20     (iii) to meet with a board member or board designee to 
  3.21  discuss prevention of future violations of the same kind; 
  3.22     (iv) to reimburse the board for its legal and investigative 
  3.23  costs; or 
  3.24     (v) to perform other action justified by the facts. 
  3.25     Listing the measures in clause (9) does not preclude the 
  3.26  board from including them in an order for disciplinary action. 
  3.27     Sec. 3.  [148.605] [ADDITIONAL REMEDY; CEASE AND DESIST 
  3.28  ORDER.] 
  3.29     The board may in its own name, issue a cease and desist 
  3.30  order to stop an uncredentialed person from engaging in an 
  3.31  unauthorized practice or violating or threatening to violate a 
  3.32  statute, rule, or order which the board has issued or is 
  3.33  empowered to enforce.  The cease and desist order must state the 
  3.34  reason for its issuance and give notice of the person's right to 
  3.35  request a hearing under sections 14.57 to 14.62.  The order 
  3.36  shall be effective upon personal service or service by certified 
  4.1   or registered mail evidenced by return receipt.  If, within 15 
  4.2   days of service of the order, the subject of the order fails to 
  4.3   request a hearing in writing, the order is the final order of 
  4.4   the board and is not reviewable by a court or agency. 
  4.5      A hearing must be initiated not later than 30 days from the 
  4.6   date of receipt of a written hearing request.  The 
  4.7   administrative law judge shall issue a report within 30 days of 
  4.8   the close of the contested case hearing record, notwithstanding 
  4.9   Minnesota Rules, part 1400.8100, subpart 3.  Within 30 days of 
  4.10  receipt of the administrative law judge's report, the board 
  4.11  shall issue a final order modifying, vacating, or making 
  4.12  permanent the cease and desist order as the facts require.  The 
  4.13  final order remains in effect until modified or vacated by the 
  4.14  board. 
  4.15     In the event of noncompliance with a cease and desist 
  4.16  order, the board may institute a proceeding in Ramsey county 
  4.17  district court to obtain injunctive relief or other appropriate 
  4.18  relief, including a civil penalty payable to the board not 
  4.19  exceeding $10,000 for each separate violation. 
  4.20     Sec. 4.  Minnesota Statutes 1998, section 148.61, 
  4.21  subdivision 5, is amended to read: 
  4.22     Subd. 5.  Every person who shall violate any of the 
  4.23  provisions of sections 148.52 to 148.62 not licensed by the 
  4.24  board pursuant to section 148.57 who practices optometry in this 
  4.25  state shall be guilty of a gross misdemeanor.