HF 1701

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:07pm

A bill for an act
relating to health care; providing the Board of Medical Practice discretion in
investigating certain complaints against a regulated person; amending Minnesota
Statutes 2022, section 147.161, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 147.161, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

new text begin (a) new text end The board shall maintain and keep current a file
containing the reports and complaints filed against persons regulated by the board in the
state. new text begin Except as provided in paragraph (b), new text end each complaint filed with the board pursuant to
section 214.10, subdivision 1, shall be investigated according to section 214.10, subdivision
2.

new text begin (b) The board may decline to investigate a complaint against a regulated person if the
complaint is solely based on public comments made by a regulated person in a public forum,
including on social media, and the comments of the regulated person are not directly related
to the care of a patient or services provided to a patient.
new text end

new text begin (c) new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end