HF 2442

as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:43pm

A bill for an act
relating to health occupations; requiring license revocation for health
professionals convicted of a felony-level sexual conduct offense; clarifying
disciplinary authority of health-related licensing boards; requiring joint
investigations of complaints; authorizing field investigations; amending
Minnesota Statutes 2012, sections 148.104; 214.103, subdivisions 2, 3; 214.12,
by adding a subdivision; 214.33, subdivision 3; Minnesota Statutes 2013
Supplement, section 364.09; proposing coding for new law in Minnesota
Statutes, chapter 214.

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

Section 1.

Minnesota Statutes 2012, section 148.104, is amended to read:

148.104 COOPERATION DURING INVESTIGATIONS.

A doctor of chiropractic who is the subject of an investigation by or on behalf of
the board shall cooperate fully with the investigation. Cooperation includes appearing
at conferences, meetings, or hearings scheduled by the board and for which the board
provided notice in accordance with chapter 14; 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 health records, as reasonably requested by the board, to
assist the board in its investigation. deleted text begin If the board does not have written consent from a
patient allowing the board access to the patient's health records, a doctor of chiropractic
shall delete any data in the record which identifies the patient before providing the records
to the board. deleted text end new text begin The board shall maintain the confidentiality of the patient health records in
accordance with applicable state and federal laws.
new text end

Sec. 2.

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 (f), 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, 2011, 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) A credential to practice that has been denied or revoked under this section is
not subject to chapter 364.
new text end

new text begin (e) 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 (f) 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. 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 educational materials regarding the health professional services
program when mailing renewal notices to licensees.
new text end

Sec. 6.

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 does not meet program admission
criteria, violates the terms of the 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 begin (b) The program manager shall report to the appropriate participating board a
regulated person monitored by the health professional services program, who self-referred
or was referred by a third party, if that person:
new text end

new text begin (1) commits identifiable patient harm;
new text end

new text begin (2) substitutes medication; or
new text end

new text begin (3) writes a prescription in the name of an actual person or veterinary patient and
diverts the prescribed drug for:
new text end

new text begin (i) uses other than the drug's medically intended use; or
new text end

new text begin (ii) the personal use of the regulated person.
new text end

new text begin (c) new text end The program manager shall report to the appropriate participating board a
regulated person who 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 (d) new text end The program manager shall inform any reporting person of the disposition of the
person's report to the program.

Sec. 7.

new text begin [214.331] DISCIPLINARY ACTION.
new text end

new text begin A regulated person who is terminated from the health professional services program
due to noncompliance with monitoring or program requirements or leaves the program,
except upon fulfilling the terms for successful completion of the program, shall be subject
to the responsible health-related licensing board's disciplinary process.
new text end

Sec. 8.

Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:

364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.

(f) This chapter does not supersede a requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for
particular types of employment.

new text begin (g) This chapter does not apply to any person who has been denied a credential to
practice or whose credential to practice has been revoked by a credentialing authority
according to section 214.076, subdivision 2.
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