1.1                          A bill for an act
  1.2             relating to state government; modifying reporting 
  1.3             requirements for health-related boards; changing 
  1.4             membership requirements for the health professionals 
  1.5             services program committee; amending Minnesota 
  1.6             Statutes 1998, sections 147.01, subdivision 4; 
  1.7             148B.04, subdivision 4; 148B.285, subdivision 3; 
  1.8             214.07; 214.10, subdivision 8; 214.31; and 214.32, 
  1.9             subdivision 1; Minnesota Statutes 1999 Supplement, 
  1.10            section 148.691, subdivision 3; proposing coding for 
  1.11            new law in Minnesota Statutes, chapters 144E; and 214. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [144E.287] [DIVERSION PROGRAM.] 
  1.14     The board shall either conduct a health professionals 
  1.15  service program under sections 214.31 to 214.37 or contract for 
  1.16  a diversion program under section 214.28 for professionals 
  1.17  regulated by the board who are unable to perform their duties 
  1.18  with reasonable skill and safety by reason of illness, use of 
  1.19  alcohol, drugs, chemicals, or any other materials, or as a 
  1.20  result of any mental, physical, or psychological condition. 
  1.21     Sec. 2.  Minnesota Statutes 1998, section 147.01, 
  1.22  subdivision 4, is amended to read: 
  1.23     Subd. 4.  [DISCLOSURE.] Subject to the exceptions listed in 
  1.24  this subdivision, all communications or information received by 
  1.25  or disclosed to the board relating to any person or matter 
  1.26  subject to its regulatory jurisdiction are confidential and 
  1.27  privileged and any disciplinary hearing shall be closed to the 
  1.28  public.  
  2.1      (a) Upon application of a party in a proceeding before the 
  2.2   board under section 147.091, the board shall produce and permit 
  2.3   the inspection and copying, by or on behalf of the moving party, 
  2.4   of any designated documents or papers relevant to the 
  2.5   proceedings, in accordance with the provisions of rule 34, 
  2.6   Minnesota rules of civil procedure.  
  2.7      (b) If the board imposes disciplinary measures of any kind, 
  2.8   whether by contested case or by settlement agreement, the name 
  2.9   and business address of the licensee, the nature of the 
  2.10  misconduct, and the action taken by the board are public data.  
  2.11  If disciplinary action is taken by settlement agreement, the 
  2.12  entire agreement is public data.  The board shall decide 
  2.13  disciplinary matters, whether by settlement or by contested 
  2.14  case, by roll call vote.  The votes are public data.  
  2.15     (c) The board shall exchange information with other 
  2.16  licensing boards, agencies, or departments within the state, as 
  2.17  required under section 214.10, subdivision 8, paragraph (d) (c), 
  2.18  and may release information in the reports required under 
  2.19  sections section 147.02, subdivision 6, and 214.10, subdivision 
  2.20  8, paragraph (b). 
  2.21     (d) The board shall upon request furnish to a person who 
  2.22  made a complaint, or the alleged victim of a violation of 
  2.23  section 147.091, subdivision 1, paragraph (t), or both, a 
  2.24  description of the activities and actions of the board relating 
  2.25  to that complaint, a summary of the results of an investigation 
  2.26  of that complaint, and the reasons for actions taken by the 
  2.27  board.  
  2.28     (e) A probable cause hearing held pursuant to section 
  2.29  147.092 shall be closed to the public, except for the notices of 
  2.30  hearing made public by operation of section 147.092.  
  2.31     (f) Findings of fact, conclusions, and recommendations 
  2.32  issued by the administrative law judge, and transcripts of oral 
  2.33  arguments before the board pursuant to a contested case 
  2.34  proceeding in which an administrative law judge found a 
  2.35  violation of section 147.091, subdivision 1, paragraph (t), are 
  2.36  public data. 
  3.1      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  3.2   148.691, subdivision 3, is amended to read: 
  3.3      Subd. 3.  [DISCLOSURE.] Subject to the exceptions listed in 
  3.4   this subdivision, all communications or information received by 
  3.5   or disclosed to the board relating to any person or matter 
  3.6   subject to its regulatory jurisdiction are confidential and 
  3.7   privileged and any disciplinary hearing shall be closed to the 
  3.8   public.  
  3.9      (a) Upon application of a party in a proceeding before the 
  3.10  board, the board shall produce and permit the inspection and 
  3.11  copying, by or on behalf of the moving party, of any designated 
  3.12  documents or papers relevant to the proceedings, in accordance 
  3.13  with the provisions of rule 34, Minnesota Rules of Civil 
  3.14  Procedure.  
  3.15     (b) If the board imposes disciplinary measures of any kind, 
  3.16  whether by contested case or by settlement agreement, the name 
  3.17  and business address of the licensee, the nature of the 
  3.18  misconduct, and the action taken by the board are public data.  
  3.19  If disciplinary action is taken by settlement agreement, the 
  3.20  entire agreement is public data.  The board shall decide 
  3.21  disciplinary matters, whether by settlement or by contested 
  3.22  case, by roll call vote.  The votes are public data.  
  3.23     (c) The board shall exchange information with other 
  3.24  licensing boards, agencies, or departments within the state, as 
  3.25  required under section 214.10, subdivision 8, paragraph (d), and 
  3.26  may release information in the reports required under section 
  3.27  214.10, subdivision 8, paragraph (b) (c). 
  3.28     (d) The board shall upon request furnish to a person who 
  3.29  made a complaint, a description of the activities and actions of 
  3.30  the board relating to that complaint, a summary of the results 
  3.31  of an investigation of that complaint, and the reasons for 
  3.32  actions taken by the board. 
  3.33     Sec. 4.  Minnesota Statutes 1998, section 148B.04, 
  3.34  subdivision 4, is amended to read: 
  3.35     Subd. 4.  [EXCHANGE OF INFORMATION.] The board shall 
  3.36  exchange information with other boards, agencies, or departments 
  4.1   within the state, as required under section 214.10, subdivision 
  4.2   8, paragraph (d) (c). 
  4.3      Sec. 5.  Minnesota Statutes 1998, section 148B.285, 
  4.4   subdivision 3, is amended to read: 
  4.5      Subd. 3.  [EXCHANGE OF INFORMATION.] The board shall 
  4.6   exchange information with other boards, agencies, or departments 
  4.7   within the state, as required under section 214.10, subdivision 
  4.8   8, paragraph (d) (c). 
  4.9      Sec. 6.  Minnesota Statutes 1998, section 214.07, is 
  4.10  amended to read: 
  4.11     214.07 [REPORTS.] 
  4.12     Subdivision 1.  [NON-HEALTH-RELATED BOARD REPORTS.] The 
  4.13  health-related licensing boards and the non-health-related 
  4.14  licensing boards shall prepare reports according to this 
  4.15  subdivision and subdivision 1a by October 1 of each 
  4.16  even-numbered year.  Copies of the reports shall be delivered to 
  4.17  the governor.  Copies of the reports of the health-related 
  4.18  licensing boards shall also be delivered to the commissioner of 
  4.19  health.  The reports shall contain the following information 
  4.20  relating to the two-year period ending the previous June 30: 
  4.21     (a) a general statement of board activities; 
  4.22     (b) the number of meetings and approximate total number of 
  4.23  hours spent by all board members in meetings and on other board 
  4.24  activities; 
  4.25     (c) the receipts and disbursements of board funds; 
  4.26     (d) the names of board members and their addresses, 
  4.27  occupations, and dates of appointment and reappointment to the 
  4.28  board; 
  4.29     (e) the names and job classifications of board employees; 
  4.30     (f) a brief summary of board rules proposed or adopted 
  4.31  during the reporting period with appropriate citations to the 
  4.32  State Register and published rules; 
  4.33     (g) the number of persons having each type of license and 
  4.34  registration issued by the board as of June 30 in the year of 
  4.35  the report; 
  4.36     (h) the locations and dates of the administration of 
  5.1   examinations by the board; 
  5.2      (i) the number of persons examined by the board with the 
  5.3   persons subdivided into groups showing age categories, sex, and 
  5.4   states of residency; 
  5.5      (j) the number of persons licensed or registered by the 
  5.6   board after taking the examinations referred to in clause (h) 
  5.7   with the persons subdivided by age categories, sex, and states 
  5.8   of residency; 
  5.9      (k) the number of persons not licensed or registered by the 
  5.10  board after taking the examinations referred to in clause (h) 
  5.11  with the persons subdivided by age categories, sex, and states 
  5.12  of residency; 
  5.13     (l) the number of persons not taking the examinations 
  5.14  referred to in clause (h) who were licensed or registered by the 
  5.15  board or who were denied licensing or registration with the 
  5.16  reasons for the licensing or registration or denial thereof and 
  5.17  with the persons subdivided by age categories, sex, and states 
  5.18  of residency; 
  5.19     (m) the number of persons previously licensed or registered 
  5.20  by the board whose licenses or registrations were revoked, 
  5.21  suspended, or otherwise altered in status with brief statements 
  5.22  of the reasons for the revocation, suspension or alteration; 
  5.23     (n) the number of written and oral complaints and other 
  5.24  communications received by the executive director or executive 
  5.25  secretary of the board, a board member, or any other person 
  5.26  performing services for the board (1) which allege or imply a 
  5.27  violation of a statute or rule which the board is empowered to 
  5.28  enforce and (2) which are forwarded to other agencies as 
  5.29  required by section 214.10; 
  5.30     (o) a summary, by specific category, of the substance of 
  5.31  the complaints and communications referred to in clause (n) and, 
  5.32  for each specific category, the responses or dispositions 
  5.33  thereof pursuant to section 214.10 or 214.11; 
  5.34     (p) any other objective information which the board members 
  5.35  believe will be useful in reviewing board activities. 
  5.36     Subd. 1a.  [REPORT REQUIREMENT FOR BOARD OF MEDICAL 
  6.1   PRACTICE AND BOARD OF NURSING.] The board of medical practice 
  6.2   and the board of nursing shall include in the report required 
  6.3   under subdivision 1, clause (o), specific information regarding 
  6.4   complaints and communications involving obstetrics, gynecology, 
  6.5   prenatal care, and delivery, and the boards' responses or 
  6.6   dispositions. 
  6.7      Subd. 1b.  [HEALTH-RELATED LICENSING BOARD REPORTS.] Each 
  6.8   health-related licensing board must prepare a report by October 
  6.9   15 of each even-numbered year.  The report must be submitted to 
  6.10  the administrative services unit serving the boards.  The report 
  6.11  must contain the following information for the two-year period 
  6.12  ending the previous June 30:  (1) the number and type of 
  6.13  credentials issued or renewed; (2) the number of complaints 
  6.14  received; (3) the number and age of complaints open at the end 
  6.15  of the period; (4) receipts, disbursements, and major fees; and 
  6.16  (5) such other information that the interests of health 
  6.17  occupation regulation require.  The report must also contain 
  6.18  information showing historical trends.  The reports must use a 
  6.19  common format and consistent terminology and data. 
  6.20     Subd. 2.  [SUMMARY OF BOARD REPORTS.] Not later than 
  6.21  December 15 of each even-numbered year, the commissioner of 
  6.22  health with respect to the health-related licensing boards shall 
  6.23  prepare summary reports compiling the information required by 
  6.24  subdivision 1, clauses (b) and (g) to (p), and contained in the 
  6.25  reports submitted by the boards the preceding year pursuant to 
  6.26  subdivision 1.  The summary reports must also specify the staff 
  6.27  and services provided by the department to each board.  The 
  6.28  summary reports must be distributed to the legislature under 
  6.29  section 3.195 and to the governor. [ADMINISTRATIVE SERVICES 
  6.30  REPORT.] The administrative services unit serving the boards 
  6.31  shall prepare a report by December 15 of each even-numbered 
  6.32  year.  One copy of the administrative services report must be 
  6.33  delivered to each of the following:  the governor, the 
  6.34  commissioner of health, and the chairs of the house and senate 
  6.35  policy and appropriations committees with jurisdiction over 
  6.36  health-related licensing boards.  Six copies must be delivered 
  7.1   to the legislative reference library.  The administrative 
  7.2   services report must contain the following information:  
  7.3      (1) a summary of the information contained in the reports 
  7.4   submitted by the health-related licensing boards pursuant to 
  7.5   subdivision 1b; 
  7.6      (2) a description of the health-related licensing boards' 
  7.7   cooperative activities during the two-year period ending the 
  7.8   previous June 30; 
  7.9      (3) a description of emerging issues relating to health 
  7.10  occupation regulation that affect more than one board or more 
  7.11  than one occupation; and 
  7.12     (4) a copy of each health-related licensing board report 
  7.13  submitted to the administrative services unit pursuant to 
  7.14  subdivision 1b.  
  7.15     Sec. 7.  Minnesota Statutes 1998, section 214.10, 
  7.16  subdivision 8, is amended to read: 
  7.17     Subd. 8.  [SPECIAL REQUIREMENTS FOR HEALTH-RELATED 
  7.18  LICENSING BOARDS.] In addition to the provisions of this section 
  7.19  that apply to all examining and licensing boards, the 
  7.20  requirements in this subdivision apply to all health-related 
  7.21  licensing boards, except the board of veterinary medicine. 
  7.22     (a) If the executive director or consulted board member 
  7.23  determines that a communication received alleges a violation of 
  7.24  statute or rule that involves sexual contact with a patient or 
  7.25  client, the communication shall be forwarded to the designee of 
  7.26  the attorney general for an investigation of the facts alleged 
  7.27  in the communication.  If, after an investigation it is the 
  7.28  opinion of the executive director or consulted board member that 
  7.29  there is sufficient evidence to justify disciplinary action, the 
  7.30  board shall conduct a disciplinary conference or hearing.  If, 
  7.31  after a hearing or disciplinary conference the board determines 
  7.32  that misconduct involving sexual contact with a patient or 
  7.33  client occurred, the board shall take disciplinary action.  
  7.34  Notwithstanding subdivision 2, a board may not attempt to 
  7.35  correct improper activities or redress grievances through 
  7.36  education, conciliation, and persuasion, unless in the opinion 
  8.1   of the executive director or consulted board member there is 
  8.2   insufficient evidence to justify disciplinary action.  The board 
  8.3   may settle a case by stipulation prior to, or during, a hearing 
  8.4   if the stipulation provides for disciplinary action. 
  8.5      (b) In addition to the information required under section 
  8.6   214.07, subdivision 1, each board shall include in its reports 
  8.7   to the legislature summaries of each individual case that 
  8.8   involved possible sexual contact with a patient or client.  The 
  8.9   summary must include a description of the alleged misconduct; 
  8.10  the general results of the investigation; the nature of board 
  8.11  activities relating to that case; the disposition of the case; 
  8.12  and the reasons for board decisions concerning the disposition 
  8.13  of the case.  The information disclosed under this section must 
  8.14  not include the name or specific identifying information about 
  8.15  any person, agency, or organization. 
  8.16     (c) A board member who has a direct current or former 
  8.17  financial connection or professional relationship to a person 
  8.18  who is the subject of board disciplinary activities must not 
  8.19  participate in board activities relating to that case. 
  8.20     (d) (c) Each health-related licensing board shall establish 
  8.21  procedures for exchanging information with other Minnesota state 
  8.22  boards, agencies, and departments responsible for regulating 
  8.23  health-related occupations, facilities, and programs, and for 
  8.24  coordinating investigations involving matters within the 
  8.25  jurisdiction of more than one regulatory body.  The procedures 
  8.26  must provide for the forwarding to other regulatory bodies of 
  8.27  all information and evidence, including the results of 
  8.28  investigations, that are relevant to matters within that 
  8.29  licensing body's regulatory jurisdiction.  Each health-related 
  8.30  licensing board shall have access to any data of the department 
  8.31  of human services relating to a person subject to the 
  8.32  jurisdiction of the licensing board.  The data shall have the 
  8.33  same classification under sections 13.01 to 13.88, the Minnesota 
  8.34  Government Data Practices Act, in the hands of the agency 
  8.35  receiving the data as it had in the hands of the department of 
  8.36  human services. 
  9.1      (e) (d) Each health-related licensing board shall establish 
  9.2   procedures for exchanging information with other states 
  9.3   regarding disciplinary actions against licensees.  The 
  9.4   procedures must provide for the collection of information from 
  9.5   other states about disciplinary actions taken against persons 
  9.6   who are licensed to practice in Minnesota or who have applied to 
  9.7   be licensed in this state and the dissemination of information 
  9.8   to other states regarding disciplinary actions taken in 
  9.9   Minnesota.  In addition to any authority in chapter 13 
  9.10  permitting the dissemination of data, the board may, in its 
  9.11  discretion, disseminate data to other states regardless of its 
  9.12  classification under chapter 13.  Before transferring any data 
  9.13  that is not public, the board shall obtain reasonable assurances 
  9.14  from the receiving state that the data will not be made public. 
  9.15     Sec. 8.  [214.28] [ALTERNATIVE DIVERSION PROGRAM.] 
  9.16     A health-related licensing board may establish performance 
  9.17  criteria and contract for a diversion program for regulated 
  9.18  professionals who are unable to practice with reasonable skill 
  9.19  and safety by reason of illness, use of alcohol, drugs, 
  9.20  chemicals, or any other materials, or as a result of any mental, 
  9.21  physical, or psychological condition.  
  9.22     Sec. 9.  [214.29] [DIVERSION PROGRAM.] 
  9.23     Each health-related licensing board, including the 
  9.24  emergency medical services regulatory board under chapter 144E, 
  9.25  shall either conduct a health professionals service program 
  9.26  under sections 214.31 to 214.37 or contract for a diversion 
  9.27  program under section 214.28.  
  9.28     Sec. 10.  Minnesota Statutes 1998, section 214.31, is 
  9.29  amended to read: 
  9.30     214.31 [AUTHORITY.] 
  9.31     Two or more of the health-related licensing boards listed 
  9.32  in section 214.01, subdivision 2, may jointly conduct a health 
  9.33  professionals services program to protect the public from 
  9.34  persons regulated by the boards who are unable to practice with 
  9.35  reasonable skill and safety by reason of illness, use of 
  9.36  alcohol, drugs, chemicals, or any other materials, or as a 
 10.1   result of any mental, physical, or psychological condition.  The 
 10.2   program does not affect a board's authority to discipline 
 10.3   violations of a board's practice act.  For purposes of sections 
 10.4   214.31 to 214.37, the emergency medical services regulatory 
 10.5   board shall be included in the definition of a health-related 
 10.6   licensing board under chapter 144E. 
 10.7      Sec. 11.  Minnesota Statutes 1998, section 214.32, 
 10.8   subdivision 1, is amended to read: 
 10.9      Subdivision 1.  [MANAGEMENT.] (a) A health professionals 
 10.10  services program committee is established, consisting of one 
 10.11  person appointed by each participating board, with each 
 10.12  participating board having one vote.  The committee shall 
 10.13  designate one board to provide administrative management of the 
 10.14  program, set the program budget and the pro rata share of 
 10.15  program expenses to be borne by each participating board, 
 10.16  provide guidance on the general operation of the program, 
 10.17  including hiring of program personnel, and ensure that the 
 10.18  program's direction is in accord with its authority.  No more 
 10.19  than half plus one of the members of the committee may be of one 
 10.20  gender.  If the participating boards change which board is 
 10.21  designated to provide administrative management of the program, 
 10.22  any appropriation remaining for the program shall transfer to 
 10.23  the newly designated board on the effective date of the change.  
 10.24  The participating boards must inform the appropriate legislative 
 10.25  committees and the commissioner of finance of any change in the 
 10.26  administrative management of the program, and the amount of any 
 10.27  appropriation transferred under this provision. 
 10.28     (b) The designated board, upon recommendation of the health 
 10.29  professional services program committee, shall hire the program 
 10.30  manager and employees and pay expenses of the program from funds 
 10.31  appropriated for that purpose.  The designated board may apply 
 10.32  for grants to pay program expenses and may enter into contracts 
 10.33  on behalf of the program to carry out the purposes of the 
 10.34  program.  The participating boards shall enter into written 
 10.35  agreements with the designated board. 
 10.36     (c) An advisory committee is established to advise the 
 11.1   program committee consisting of: 
 11.2      (1) one member appointed by each of the following:  the 
 11.3   Minnesota Academy of Physician Assistants, the Minnesota Dental 
 11.4   Association, the Minnesota Chiropractic Association, the 
 11.5   Minnesota Licensed Practical Nurse Association, the Minnesota 
 11.6   Medical Association, the Minnesota Nurses Association, and the 
 11.7   Minnesota Podiatric Medicine Association; 
 11.8      (2) one member appointed by each of the professional 
 11.9   associations of the other professions regulated by a 
 11.10  participating board not specified in clause (1); and 
 11.11     (3) two public members, as defined by section 214.02.  
 11.12  Members of the advisory committee shall be appointed for two 
 11.13  years and members may be reappointed.  
 11.14     No more than half plus one of the members of the committee 
 11.15  may be of one gender. 
 11.16     The advisory committee expires June 30, 2001. 
 11.17     Sec. 12.  [EFFECTIVE DATE.] 
 11.18     Sections 1, 8, 9, and 10 are effective July 1, 2001.