HF 1898

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2014 12:45pm

A bill for an act
relating to health; changing requirements for health-related licensing boards;
barring credentials for an individual with a felony-level criminal sexual
conduct offense; temporary suspension for imminent risk of harm; amending
Minnesota Statutes 2012, sections 214.103, subdivisions 2, 3; 214.12, by adding
a subdivision; 214.29; 214.31; 214.32; 214.33, subdivision 3; proposing coding
for new law in Minnesota Statutes, chapter 214; repealing Minnesota Statutes
2012, sections 214.28; 214.36; 214.37.

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

Section 1.

new text begin [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
CONDUCT OFFENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to the health-related licensing
boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
and the Board of Chiropractic Examiners, and also applies to the Board of Barber
Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
Minnesota Department of Health, including:
new text end

new text begin (1) speech-language pathologists and audiologists;
new text end

new text begin (2) hearing instrument dispensers; and
new text end

new text begin (3) occupational therapists and occupational therapy assistants.
new text end

new text begin Subd. 2. new text end

new text begin Issuing and renewing credential to practice. new text end

new text begin (a) Except as provided in
paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted on or after August 1, 2014, of
any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
new text end

new text begin (b) A credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted in any other state or country on
or after August 1, 2014, of an offense where the elements of the offense are substantially
similar to any of the offenses listed in paragraph (a).
new text end

new text begin (c) A credential to practice is automatically revoked if the credentialed person is
convicted of an offense listed in paragraph (a).
new text end

new text begin (d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
of the sentence and final disposition of the case is accomplished at a nonfelony level.
new text end

new text begin (e) A credentialing authority listed in subdivision 1 may establish criteria whereby
an individual convicted of an offense listed in paragraph (a) may become credentialed
provided that the criteria:
new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
new text end

new text begin (2) provide a standard for overcoming the presumption; and
new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.
new text end

new text begin A credentialing authority listed in subdivision 1 shall not consider an application under
this paragraph if the board determines that the victim involved in the offense was a patient
or a client of the applicant at the time of the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for credentials issued or renewed on
or after August 1, 2014.
new text end

Sec. 2.

new text begin [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
OF HARM.
new text end

new text begin (a) Notwithstanding any provision of a health-related professional practice act,
when a health-related licensing board or the commissioner of health receives a complaint
regarding a regulated person and has probable cause to believe continued practice by the
regulated person presents an imminent risk of harm, the licensing board or commissioner
shall temporarily suspend the regulated person's professional license. The suspension
shall take effect upon written notice to the regulated person and shall specify the reason
for the suspension.
new text end

new text begin (b) The suspension shall remain in effect until the appropriate licensing board or
the commissioner completes an investigation and issues a final order in the matter after
a hearing.
new text end

new text begin (c) At the time it issues the suspension notice, the appropriate licensing board
or commissioner shall schedule a disciplinary hearing to be held pursuant to the
Administrative Procedure Act. The regulated person shall be provided with at least
20 days notice of any hearing held pursuant to this subdivision. The hearing shall be
scheduled to being no later than 60 days after issuance of the suspension order.
new text end

Sec. 3.

Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:

Subd. 2.

Receipt of complaint.

The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints shall require the complainant to state the complaint in writing
or authorize transcribing the complaint. The executive director or the designated board
member shall determine whether the complaint alleges or implies a violation of a statute
or rule which the board is empowered to enforce. The executive director or the designated
board member may consult with the designee of the attorney general as to a board's
jurisdiction over a complaint. If the executive director or the designated board member
determines that it is necessary, the executive director may seek additional information to
determine whether the complaint is jurisdictional or to clarify the nature of the allegations
by obtaining records or other written material, obtaining a handwriting sample from the
regulated person, clarifying the alleged facts with the complainant, and requesting a written
response from the subject of the complaint. new text begin The executive director may authorize a field
investigation to clarify the nature of the allegations and the facts that led to the complaint.
new text end

Sec. 4.

Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:

Subd. 3.

Referral to other agencies.

The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section. Governmental agencies deleted text begin may deleted text end new text begin shall new text end coordinate and conduct joint investigations of
complaints that involve more than one governmental agency.

Sec. 5.

Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Health professional services program. new text end

new text begin The health-related licensing
boards shall include information regarding the health professional services program on
their Web sites.
new text end

Sec. 6.

Minnesota Statutes 2012, section 214.29, is amended to read:

214.29 PROGRAM REQUIRED.

Each health-related licensing board, including the Emergency Medical Services
Regulatory Board under chapter 144E, shall deleted text begin either conduct a deleted text end new text begin contract with the new text end health
professionals service program under sections 214.31 to 214.37 deleted text begin or contract for a diversion
program under section 214.28 deleted text end new text begin for a diversion program for regulated professionals who are
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 any mental, physical, or
psychological condition new text end .

Sec. 7.

Minnesota Statutes 2012, section 214.31, is amended to read:

214.31 AUTHORITY.

deleted text begin Two or more of the health-related licensing boards listed in section 214.01,
subdivision 2, may jointly deleted text end new text begin The health professionals services program shall contract with
the health-related licensing boards to new text end conduct a health professionals services program to
protect the public from persons regulated by the boards who are 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 any mental, physical, or psychological condition. The
program does not affect a board's authority to discipline violations of a board's practice act.
For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board
shall be included in the definition of a health-related licensing board under chapter 144E.

Sec. 8.

Minnesota Statutes 2012, section 214.32, is amended to read:

214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.

Subdivision 1.

Management.

(a) A Health Professionals Services Program
Committee is established, consisting of deleted text begin one person appointed by each participating board,
with each participating board having one vote. deleted text end new text begin no fewer than three, or more than six,
executive directors of health-related licensing boards or their designees, and two members
of the advisory committee established in paragraph (c). Program committee members
from the health-related licensing boards shall be appointed by a means agreeable to the
executive directors of the health-related licensing boards in July of odd-numbered years.
Members from the advisory committee shall be appointed by a means agreeable to advisory
committee members in July of odd-numbered years. new text end The new text begin program new text end committee shall
designate one board to provide administrative management of the program, set the program
budget and the pro rata share of program expenses to be borne by each participating
board, provide guidance on the general operation of the program, including hiring of
program personnel, and ensure that the program's direction is in accord with its authority.
new text begin The program committee shall establish uniform criteria and procedures governing
termination and discharge for all health professionals served by the health professionals
services program. new text end If the participating boards change which board is designated to
provide administrative management of the program, any appropriation remaining for the
program shall transfer to the newly designated board on the effective date of the change.
The participating boards must inform the appropriate legislative committees and the
commissioner of management and budget of any change in the administrative management
of the program, and the amount of any appropriation transferred under this provision.

(b) The designated board, upon recommendation of the Health Professional Services
Program Committee, shall hire the program manager and employees and pay expenses
of the program from funds appropriated for that purpose. The designated board may
apply for grants to pay program expenses and may enter into contracts on behalf of the
program to carry out the purposes of the program. The participating boards shall enter into
written agreements with the designated board.

(c) An advisory committee is established to advise the program committee consisting
of:

(1) one member appointed by each deleted text begin of the following: the Minnesota Academy of
Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
Association deleted text end new text begin of the professional associations whose members are eligible for health
professionals services program services new text end ; new text begin and
new text end

(2) deleted text begin one member appointed by each of the professional associations of the other
professions regulated by a participating board not specified in clause (1); and
deleted text end

deleted text begin (3) deleted text end two public members, as defined by section 214.02.

Members of the advisory committee shall be appointed for two years and members
may be reappointed.

Subd. 2.

Services.

(a) The program shall provide the following services to program
participants:

(1) referral of eligible regulated persons to qualified professionals for evaluation,
treatment, and a written plan for continuing care consistent with the regulated person's
illness. The referral shall take into consideration the regulated person's financial resources
as well as specific needs;

(2) development of individualized program participation agreements between
participants and the program to meet the needs of participants and protect the public. An
agreement may include, but need not be limited to, recommendations from the continuing
care plan, practice monitoring, health monitoring, practice restrictions, random drug
screening, support group participation, filing of reports necessary to document compliance,
and terms for successful completion of the regulated person's program; and

(3) monitoring of compliance by participants with individualized program
participation agreements or board orders.

(b) The program may develop services related to sections 214.31 to 214.37 for
employers and colleagues of regulated persons from participating boards.

Subd. 3.

Participant costs.

Each program participant shall be responsible for
paying for the costs of physical, psychosocial, or other related evaluation, treatment,
laboratory monitoring, and random drug screens.

Subd. 4.

Eligibility.

Admission to the health professional services program is
available to a person regulated by a participating board 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 any mental, physical, or psychological condition.
Admission in the health professional services program shall be denied to persons:

(1) who have diverted controlled substances for other than self-administration;

(2) who have been terminated from this or any other state professional services
program for noncompliance in the program new text begin , unless referred by a participating board or the
commissioner of health new text end ;

(3) currently under a board disciplinary order or corrective action agreement, unless
referred by a board;

(4) deleted text begin regulated under sections 214.17 to 214.25, unless referred by a board or by the
commissioner of health;
deleted text end

deleted text begin (5) deleted text end accused of sexual misconduct; or

deleted text begin (6) deleted text end new text begin (5) new text end whose continued practice would create a serious risk of harm to the public.

Subd. 5.

Completion; voluntary termination; discharge.

new text begin (a) new text end A regulated person
completes the program when the terms of the program participation agreement are fulfilled.

new text begin (b) new text end A regulated person may voluntarily terminate participation in the health
professionals service program at any time deleted text begin by reporting to the person's board deleted text end new text begin which shall
result in the program manager making a report to the regulated person's board under
section 214.33, subdivision 3 new text end .

new text begin (c) new text end The program manager may choose to discharge a regulated person from the
program and make a referral to the person's board at any time for reasons including but not
limited to: the degree of cooperation and compliance by the regulated person, the inability
to secure information or the medical records of the regulated person, or indication of other
possible violations of the regulated person's practice act. The regulated person shall be
notified in writing by the program manager of any change in the person's program status.
A regulated person who has been terminated or discharged from the program may be
referred back to the program for monitoring.

new text begin Subd. 6. new text end

new text begin Duties of a health-related licensing board. new text end

new text begin (a) Upon receiving
notice from the program manager that a regulated person has been discharged due to
noncompliance or voluntary withdrawal, when the appropriate licensing board has
probable cause to believe continued practice by the regulated person presents an imminent
risk of harm, the licensing board shall temporarily suspend the regulated person's
professional license. The suspension shall take effect upon written notice to the regulated
person and shall specify the reason for the suspension.
new text end

new text begin (b) The suspension shall remain in effect until the appropriate licensing board
completes an investigation and issues a final order in the matter after a hearing.
new text end

new text begin (c) At the time it issues the suspension notice, the appropriate licensing board shall
schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
The regulated person shall be provided with at least 20 days' notice of any hearing held
pursuant to this subdivision. The hearing shall be scheduled no later than 60 days after
issuance of the suspension order.
new text end

Sec. 9.

Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:

Subd. 3.

Program manager.

new text begin (a) new text end The program manager shall report to the
appropriate participating board a regulated person who new text begin :
new text end

new text begin (1) new text end does not meet program admission criteria deleted text begin , deleted text end new text begin ; new text end

new text begin (2) new text end violates the terms of the program participation agreement deleted text begin , or deleted text end new text begin ;
new text end

new text begin (3) new text end leaves the program except upon fulfilling the terms for successful completion of
the program as set forth in the participation agreement deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) is subject to the provisions of sections 214.17 to 214.25;
new text end

new text begin (5) caused identifiable patient harm;
new text end

new text begin (6) substituted or adulterated medications;
new text end

new text begin (7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
name of a person or veterinary patient for personal use; or
new text end

deleted text begin The program manager shall report to the appropriate participating board a regulated
person who deleted text end new text begin (8) new text end is alleged to have committed violations of the person's practice act that
are outside the authority of the health professionals services program as described in
sections 214.31 to 214.37.

new text begin (b) new text end The program manager shall inform any reporting person of the disposition of the
person's report to the program.

Sec. 10.

new text begin [214.355] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin Each health-related licensing board, including the Emergency Medical Services
Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
if a regulated person violates the terms of the health professionals services program
participation agreement or leaves the program except upon fulfilling the terms for
successful completion of the program as set forth in the participation agreement.
new text end

Sec. 11. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall remove cross-references to the sections repealed in section 12
wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
necessary to correct the punctuation, grammar, or structure of the remaining text and
preserve its meaning.
new text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, new text end new text begin are repealed.
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective July 1, 2014.
new text end