1.1                          A bill for an act 
  1.2             relating to health; authorizing the board of 
  1.3             psychology to require an independent examination of a 
  1.4             practitioner; classifying such information; amending 
  1.5             Minnesota Statutes 2002, sections 13.383, subdivision 
  1.6             8; 148.941, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 13.383, 
  1.9   subdivision 8, is amended to read: 
  1.10     Subd. 8.  [PSYCHOLOGISTS AND PSYCHOLOGICAL PRACTITIONERS.] 
  1.11  Client records of a patient cared for by a psychologist or 
  1.12  psychological practitioner who is under review by the board of 
  1.13  psychology are classified under section 148.941, subdivision 4.  
  1.14  Data obtained by the board of psychology when requiring a 
  1.15  mental, physical, or chemical dependency examination or 
  1.16  evaluation of a regulated individual or when accessing the 
  1.17  medical records of a regulated individual are classified under 
  1.18  section 148.941, subdivision 8. 
  1.19     Sec. 2.  Minnesota Statutes 2002, section 148.941, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 8.  [MENTAL, PHYSICAL, OR CHEMICAL DEPENDENCY 
  1.22  EXAMINATION OR EVALUATION.] (a) If the board has probable cause 
  1.23  to believe that an individual who is regulated by the board has 
  1.24  demonstrated an inability to practice psychology with reasonable 
  1.25  skill and safety to clients due to any mental or physical 
  1.26  illness or condition, the board may direct the individual to 
  2.1   submit to an independent mental, physical, or chemical 
  2.2   dependency examination or evaluation.  For the purpose of this 
  2.3   subdivision, an individual regulated by the board is deemed to 
  2.4   have consented to submit to the examination or evaluation when 
  2.5   directed to do so by written notice by the board and to have 
  2.6   waived all objections to the admissibility of the examiner's or 
  2.7   evaluator's testimony or reports on the grounds that the same 
  2.8   constitutes a privileged communication.  Failure to submit to an 
  2.9   examination or evaluation without just cause, as determined by 
  2.10  the board, shall authorize the board to consider the allegations 
  2.11  as true for the purposes of further action by the board.  Such 
  2.12  action may include an application being denied, a license being 
  2.13  suspended, or a default and final order being entered without 
  2.14  the taking of testimony or presentation of evidence, other than 
  2.15  evidence that may be submitted by affidavit that explains why 
  2.16  the individual did not submit to the examination or evaluation. 
  2.17     (b) An individual regulated by the board who is affected 
  2.18  under this subdivision shall, at reasonable intervals, be given 
  2.19  an opportunity to demonstrate that the individual is fit to 
  2.20  resume the competent practice of psychology with reasonable 
  2.21  skill and safety to the public. 
  2.22     (c) In a proceeding under this subdivision, neither the 
  2.23  record of the proceedings nor the orders entered by the board is 
  2.24  admissible, is subject to subpoena, or may be used against the 
  2.25  individual regulated by the board in any proceeding not 
  2.26  commenced by the board. 
  2.27     (d) Information obtained under this subdivision is 
  2.28  classified as private under section 13.02, subdivision 12.