1.1                          A bill for an act
  1.2             relating to health occupations; modifying the standard 
  1.3             of proof for contested case hearings regarding 
  1.4             discipline of physicians; requiring procedures to give 
  1.5             physicians information on complaint, investigation, 
  1.6             and discipline processes; requiring a study and report 
  1.7             to the legislature by the board of medical practice; 
  1.8             appropriating money; proposing coding for new law in 
  1.9             Minnesota Statutes, chapter 147. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [147.1415] [STANDARD OF PROOF FOR PHYSICIAN 
  1.12  CONTESTED CASE HEARINGS.] 
  1.13     In a contested case hearing regarding disciplinary action 
  1.14  against a physician, the board must prove the facts at issue by 
  1.15  clear and convincing evidence, and a physician asserting an 
  1.16  affirmative defense must prove the existence of the defense by 
  1.17  clear and convincing evidence.  This section does not apply to 
  1.18  contested case hearings regarding disciplinary action against 
  1.19  physician assistants, acupuncture practitioners, respiratory 
  1.20  care practitioners, or midwives regulated by the board pursuant 
  1.21  to chapter 147A, 147B, 147C, or 147D. 
  1.22     Sec. 2.  [147.163] [INFORMATION TO PHYSICIANS REGARDING 
  1.23  COMPLAINT, INVESTIGATION, AND DISCIPLINE PROCESSES.] 
  1.24     Subdivision 1.  [PROVISION, CONTENT OF INFORMATION.] The 
  1.25  board shall establish a mechanism by which an organization other 
  1.26  than the board shall prepare and make available to all 
  1.27  physicians licensed in Minnesota, upon request, information on 
  2.1   the board's complaint, investigation, and discipline processes 
  2.2   for physicians.  The organization providing this information may 
  2.3   provide it free of charge or for a fee.  The fee, if charged, 
  2.4   shall be paid by the physician requesting the information.  The 
  2.5   information provided must include at least the following: 
  2.6      (1) a copy of relevant provisions of this chapter and 
  2.7   chapter 214 regarding complaint, investigation, and discipline 
  2.8   proceedings; 
  2.9      (2) a description of procedures the board and the attorney 
  2.10  general's office follow in processing and investigating 
  2.11  complaints; 
  2.12     (3) a description of procedures followed to try to resolve 
  2.13  complaints, including education, disciplinary conference, 
  2.14  conciliation, probable cause hearings, and contested case 
  2.15  hearings; 
  2.16     (4) a physician's obligation to cooperate with an 
  2.17  investigation, and what activities constitute cooperation; 
  2.18     (5) a description of the ways in which complaints filed 
  2.19  with the board may be resolved, including when complaints may be 
  2.20  dismissed, the procedures the board follows to dismiss 
  2.21  complaints, and the corrective action agreement process; 
  2.22     (6) a description of the types of disciplinary actions the 
  2.23  board may impose on a physician, including revoking, suspending, 
  2.24  limiting, or conditioning a physician's license; imposing 
  2.25  retraining or rehabilitation requirements; requiring practice 
  2.26  under supervision; imposing a civil penalty; ordering the 
  2.27  provision of unremunerated professional services; and censure or 
  2.28  reprimand; and 
  2.29     (7) that a physician has a right to be represented by 
  2.30  counsel in a contested case, and if available, a list of 
  2.31  attorneys who have submitted their names to the organization 
  2.32  providing the information and are willing to represent 
  2.33  physicians against whom complaints are filed. 
  2.34     Subd. 2.  [NOTICE TO PHYSICIANS.] The board's first written 
  2.35  contact with a physician against whom a complaint was filed, 
  2.36  regarding the complaint, must contain a notice stating: 
  3.1      (1) that the physician may contact the organization 
  3.2   designated according to subdivision 1 to obtain information on 
  3.3   the board's complaint, investigation, and discipline procedures 
  3.4   for physicians; 
  3.5      (2) how to contact the organization; 
  3.6      (3) that this information is available to all physicians 
  3.7   licensed in Minnesota; and 
  3.8      (4) that the organization may charge physicians a fee for 
  3.9   providing the information. 
  3.10     Sec. 3.  [STUDY AND REPORT ON BOARD OF MEDICAL PRACTICE 
  3.11  DISCIPLINE PROCEDURES.] 
  3.12     (a) The board of medical practice shall study physician 
  3.13  perceptions of the board's procedures for investigating 
  3.14  complaints against physicians and disciplining physicians.  To 
  3.15  conduct this study, the board shall contact all physicians 
  3.16  disciplined in any way by the board between July 1, 1997, and 
  3.17  June 30, 2001, including physicians who entered into corrective 
  3.18  action agreements, and request completion of an assessment of 
  3.19  the board's investigation and discipline procedures followed and 
  3.20  actions taken in that physician's individual case.  The 
  3.21  assessment shall be conducted using a form prepared and 
  3.22  disseminated by the board and shall address the level of 
  3.23  confidence the physician has in the board's actions and 
  3.24  procedures, the fairness of the procedures followed, the 
  3.25  comprehensibility of the complaint and discipline processes for 
  3.26  the physician, whether the discipline or corrective action 
  3.27  imposed was proportional to the ground or grounds for 
  3.28  disciplinary action alleged, and other issues as determined by 
  3.29  the board.  Any physician disciplined after March 30, 2000, 
  3.30  shall be contacted by the board to request completion of an 
  3.31  assessment no sooner than three months after the date of the 
  3.32  board's disciplinary or corrective action.  Any physician 
  3.33  disciplined on or before March 30, 2000, shall be contacted at a 
  3.34  time determined by the board. 
  3.35     (b) The board shall report the results of this study, in 
  3.36  summary form, to the legislature by January 15, 2002.  The 
  4.1   report must be made in accordance with Minnesota Statutes, 
  4.2   sections 3.195 and 3.197. 
  4.3      Sec. 4.  [APPROPRIATION.] 
  4.4      $....... is appropriated from the state government special 
  4.5   revenue fund to the board of medical practice for the fiscal 
  4.6   year ending June 30, 2001, for the board to study physician 
  4.7   perceptions of the board's complaint investigation and 
  4.8   discipline procedures and to report to the legislature on these 
  4.9   issues pursuant to section 3.