1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2555
1.2A bill for an act
1.3relating to state government; implementing changes to the sunset review;
1.4changing certain agency requirements; requiring posting of convictions of
1.5felonies or gross misdemeanors and malpractice settlements or judgments for a
1.6regulated practitioner; requiring certain information on regulated practitioners;
1.7requiring a study; prohibiting transfer of certain funds; requiring reports and a
1.8financial audit; setting fees; abolishing the Combative Sports Commission and
1.9transferring combative sports duties to the commissioner of labor and industry;
1.10establishing a Combative Sports Advisory Council; requiring a review of the
1.11Minnesota Board of Medical Practice; changing provisions for health-related
1.12licensing boards; appropriating money;amending Minnesota Statutes 2010,
1.13sections 3.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225,
1.14subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a
1.15subdivision; 148.102, by adding a subdivision; 148.261, subdivision 1; 148.263,
1.16by adding a subdivision; 148.5194, subdivision 5; 148.6445, subdivision 10;
1.17148B.07, by adding a subdivision; 148C.095, by adding a subdivision; 148E.285,
1.18by adding a subdivision; 150A.13, by adding a subdivision; 153.24, by adding
1.19a subdivision; 153A.17; 214.06, subdivisions 1, 1a, by adding a subdivision;
1.20214.09, by adding a subdivision; 214.103; 341.21, by adding a subdivision;
1.21341.28, subdivision 1; 341.37; Minnesota Statutes 2011 Supplement, sections
1.223D.04; 3D.06; 3D.21, subdivisions 1, 2; proposing coding for new law in
1.23Minnesota Statutes, chapters 3D; 16B; 214; 341; repealing Minnesota Statutes
1.242010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 138A.06;
1.25341.21, subdivisions 3, 4a; 341.22; 341.23; 341.24; 341.26.
1.26April 27, 2012
1.27The Honorable Kurt Zellers
1.28Speaker of the House of Representatives
1.29The Honorable Michelle L. Fischbach
1.30President of the Senate
1.31We, the undersigned conferees for H. F. No. 2555 report that we have agreed upon
1.32the items in dispute and recommend as follows:
1.33That the Senate recede from its amendments and that H. F. No. 2555 be further
1.34amended as follows:
1.35Delete everything after the enacting clause and insert:
2.1"
ARTICLE 1
2.2
SUNSET REVIEW
2.3Â Â Â Â Section 1. Minnesota Statutes 2011 Supplement, section 3D.04, is amended to read:
2.4
3D.04 STAFFnew text begin ; CONTRACTSnew text end .
2.5The Legislative Coordinating Commission shall provide staff and administrative
2.6services for the commission.
new text begin The Sunset Advisory Commission may enter into contracts new text end
2.7
new text begin for evaluations of agencies under review.new text end
2.8Â Â Â Â Sec. 2. Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:
2.9
3D.06 AGENCY REPORT TO COMMISSION.
2.10
new text begin (a) new text end Before September 1 of the odd-numbered year before the year in which a
2.11state agency is subject to sunset review, the agency commissioner shall report to the
2.12commission:
2.13(1) information regarding the application to the agency of the criteria in section
2.143D.10
;
2.15(2) a priority-based
new text begin an outcome-basednew text end budget for the agency;
2.16(3) an inventory of all boards, commissions, committees, and other entities related
2.17to the agency; and
2.18(4) any other information that the agency commissioner considers appropriate or that
2.19is requested by the commission.
2.20The September 1 deadline in this section does not apply in 2011.
2.21
new text begin (b) The outcome-based budget required by paragraph (a) must be for each of the new text end
2.22
new text begin agency's activities, as the term activity is used in state budgeting and must:new text end
2.23
new text begin (1) identify the statutory authority for the activity;new text end
2.24
new text begin (2) include one or more performance goals and associated performance measures new text end
2.25
new text begin that measure outcomes, not inputs;new text end
2.26
new text begin (3) discuss the extent to which each performance measure is reliable and verifiable, new text end
2.27
new text begin and can be accurately measured;new text end
2.28
new text begin (4) discuss the extent to which the agency has met each performance measure, and new text end
2.29
new text begin the extent to which the budget devoted to the activity has permitted or prevented the new text end
2.30
new text begin agency from meeting its performance goals;new text end
2.31
new text begin (5) discuss efficiencies that would allow the agency to better meet its goals; andnew text end
2.32
new text begin (6) identify agencies at any level of government or private sector entities that provide new text end
2.33
new text begin the same activities, and describe agency interaction with the activities provided by others.new text end
3.1Â Â Â Â Sec. 3. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended
3.2to read:
3.3Â Â Â Â Subd. 2.
Group 2. The following agencies are sunset and, except as provided in
3.4section
3D.14, expire on June 30, 2014: Department of Health, Department of Human
3.5Services, Department of Human Rights, Department of Education, Board of Teaching,
3.6Minnesota Office of Higher Education,
new text begin Emergency Medical Services Regulatory Board, new text end
3.7
new text begin Council on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on new text end
3.8
new text begin Asian-Pacific Minnesotans, Indian Affairs Council, new text end and all advisory groups associated
3.9with these agencies.
3.10Â Â Â Â Sec. 4. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 4, is amended
3.11to read:
3.12Â Â Â Â Subd. 4.
Group 4. The following agencies are sunset and, except as provided
3.13in section
3D.14, expire on June 30, 2018: Department of Corrections, Department of
3.14Public Safety, Department of Transportation, Peace Officer Standards and Training
3.15Board,
new text begin Capitol Area Architectural and Planning Board, Amateur Sports Commission, all new text end
3.16
new text begin health-related licensing boards listed in section 214.01, Council on Disability, new text end and all
3.17advisory groups associated with these agencies.
3.18Â Â Â Â Sec. 5.
new text begin COUNCIL ON BLACK MINNESOTANS.new text end
3.19
new text begin The Office of the Legislative Auditor should conduct a financial audit of the Council new text end
3.20
new text begin on Black Minnesotans by December 1, 2013. In its next report to the Sunset Advisory new text end
3.21
new text begin Commission, the Council on Black Minnesotans must respond to any issues raised in this new text end
3.22
new text begin audit and to issues raised in previous audits.new text end
3.23Â Â Â Â Sec. 6.
new text begin REVIEW OF SUNSET PROCESS.new text end
3.24
new text begin The Office of the Legislative Auditor is requested to conduct a review of the sunset new text end
3.25
new text begin process in Minnesota Statutes, chapter 3D. The review should be conducted in 2018. new text end
3.26
new text begin The legislative auditor is requested to present the result of the review in a report to the new text end
3.27
new text begin Legislative Audit Commission and Sunset Advisory Commission.new text end
3.28Â Â Â Â Sec. 7.
new text begin REPEALER.new text end
3.29
new text begin Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1,new text end new text begin is repealed.new text end
3.30
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
4.1
ARTICLE 2
4.2
ADMINISTRATIVE PROCEDURES AND FEES
4.3Â Â Â Â Section 1. Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision
4.4to read:
4.5Â Â Â Â
new text begin Subd. 11.new text end new text begin Report.new text end new text begin The council shall prepare and submit a report to the governor and new text end
4.6
new text begin legislature by November 15 of each year. The report shall summarize the activities of the new text end
4.7
new text begin council since its last report, list receipts and expenditures, identify the major problems and new text end
4.8
new text begin issues confronting American Indian people, make recommendations to address issues, new text end
4.9
new text begin and list the specific objectives that the council seeks to attain during the biennium. The new text end
4.10
new text begin council shall report on outcome measures.new text end
4.11Â Â Â Â Sec. 2. Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:
4.12Â Â Â Â Subd. 7.
Report. The council shall prepare and distribute
new text begin submitnew text end a report to the
4.13governor and legislature by November 15 of each even-numbered year. The report shall
4.14summarize the activities of the council since its last report, list receipts and expenditures,
4.15identify the major problems and issues confronting Chicano/Latino people,
new text begin make new text end
4.16
new text begin recommendations to address issues,new text end and list the specific objectives that the council seeks
4.17to attain during the next biennium.
new text begin The council shall report on outcome measures.new text end
4.18Â Â Â Â Sec. 3. Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:
4.19Â Â Â Â Subd. 7.
Report. The council shall prepare and distribute
new text begin submitnew text end a report to the
4.20governor and legislature by November 15 of each even-numbered year. The report shall
4.21summarize the activities of the council since its last report, list receipts and expenditures,
4.22identify the major problems and issues confronting Black people,
new text begin make recommendations new text end
4.23
new text begin to address issues,new text end and list the specific objectives which the council seeks to attain during
4.24the next biennium.
new text begin The council shall report on outcome measures.new text end
4.25Â Â Â Â Sec. 4. Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:
4.26Â Â Â Â Subd. 7.
Report. The council shall prepare and distribute
new text begin submitnew text end a report to the
4.27governor and legislature by November 15 of each even-numbered year. The report
4.28shall summarize the activities of the council since its last report, list receipts and
4.29expenditures, identify the major problems and issues confronting Asian-Pacific people,
4.30
new text begin make recommendations to address issues,new text end and list the specific objectives that the council
4.31seeks to attain during the next biennium.
new text begin The council shall report on outcome measures.new text end
4.32Â Â Â Â Sec. 5.
new text begin [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.new text end
5.1
new text begin To the extent possible, the commission and the Office of the Legislative Auditor new text end
5.2
new text begin shall align their work so that audits and program evaluations conducted by the Office new text end
5.3
new text begin of the Legislative Auditor can inform the work of the commission. The commission new text end
5.4
new text begin may request the Office of the Legislative Auditor to provide updates on financial audits new text end
5.5
new text begin and program evaluations the Office of the Legislative Auditor has prepared on agencies new text end
5.6
new text begin scheduled for Sunset Advisory Commission review.new text end
5.7Â Â Â Â Sec. 6.
new text begin [3D.065] REPORT ON PERSONNEL.new text end
5.8
new text begin By September 1 of the odd-numbered year before the year in which a state agency is new text end
5.9
new text begin subject to sunset review, the commissioner of management and budget must report to the new text end
5.10
new text begin Sunset Advisory Commission on the number of full-time equivalent employees and the new text end
5.11
new text begin salary structure for each agency under review.new text end
5.12Â Â Â Â Sec. 7.
new text begin [16B.371] ASSISTANCE TO SMALL AGENCIES.new text end
5.13
new text begin (a) The commissioner may provide administrative support services to small agencies. new text end
5.14
new text begin To promote efficiency and cost-effective use of state resources, and to improve financial new text end
5.15
new text begin controls, the commissioner may require a small agency to receive administrative support new text end
5.16
new text begin services through the Department of Administration or through another agency designated new text end
5.17
new text begin by the commissioner. Services subject to this section include finance, accounting, payroll, new text end
5.18
new text begin purchasing, human resources, and other services designated by the commissioner. The new text end
5.19
new text begin commissioner may determine what constitutes a small agency for purposes of this section. new text end
5.20
new text begin The commissioner, in consultation with the commissioner of management and budget and new text end
5.21
new text begin small agencies, shall evaluate small agencies' needs for administrative support services. new text end
5.22
new text begin If the commissioner provides administrative support services to a small agency, the new text end
5.23
new text begin commissioner must enter into a service level agreement with the agency, specifying the new text end
5.24
new text begin services to be provided and the costs and anticipated outcomes of the services.new text end
5.25
new text begin (b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the new text end
5.26
new text begin Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota new text end
5.27
new text begin State Council on Disability must use the services specified in paragraph (a).new text end
5.28Â Â Â Â
new text begin (c) The commissioner of administration may assess agencies for services it provides new text end
5.29
new text begin under this section. The amounts assessed are appropriated to the commissioner.new text end
5.30
new text begin (d) For agencies covered in this section, the commissioner has the authority to require new text end
5.31
new text begin the agency to comply with applicable state finance, accounting, payroll, purchasing, and new text end
5.32
new text begin human resources policies. The agencies served retain the ownership and responsibility for new text end
5.33
new text begin spending decisions and for ongoing implementation of appropriate business operations.new text end
6.1Â Â Â Â Sec. 8. Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:
6.2Â Â Â Â Subd. 4.
Disclosure. Subject to the exceptions listed in this subdivision, all
6.3communications or information received by or disclosed to the board relating to any
6.4person or matter subject to its regulatory jurisdiction are confidential and privileged and
6.5any disciplinary hearing shall be closed to the public.
6.6(a) Upon application of a party in a proceeding before the board under section
6.7147.091
, the board shall produce and permit the inspection and copying, by or on behalf of
6.8the moving party, of any designated documents or papers relevant to the proceedings, in
6.9accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.
6.10(b) If the board
new text begin takes corrective action or new text end imposes disciplinary measures of any kind,
6.11whether by contested case or by settlement agreement, the name and business address of
6.12the licensee, the nature of the misconduct, and the action taken by the board are public
6.13data. If disciplinary action is taken by settlement agreement, the entire agreement is public
6.14data. The board shall decide disciplinary matters, whether by settlement or by contested
6.15case, by roll call vote. The votes are public data.
6.16(c) The board shall exchange information with other licensing boards, agencies, or
6.17departments within the state, as required under section
214.10, subdivision 8, paragraph
6.18(c), and may release information in the reports required under section
147.02, subdivision
6.196
.
6.20(d) The board shall upon request furnish to a person who made a complaint, or the
6.21alleged victim of a violation of section
147.091, subdivision 1, paragraph (t), or both, a
6.22description of the activities and actions of the board relating to that complaint, a summary
6.23of the results of an investigation of that complaint, and the reasons for actions taken
6.24by the board.
6.25(e) A probable cause hearing held pursuant to section
147.092 shall be closed to the
6.26public, except for the notices of hearing made public by operation of section
147.092.
6.27(f) Findings of fact, conclusions, and recommendations issued by the administrative
6.28law judge, and transcripts of oral arguments before the board pursuant to a contested case
6.29proceeding in which an administrative law judge found a violation of section
147.091,
6.30subdivision 1
, paragraph (t), are public data.
6.31
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for all corrective action taken on new text end
6.32
new text begin or after August 1, 2012.new text end
6.33Â Â Â Â Sec. 9. Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision
6.34to read:
7.1Â Â Â Â
new text begin Subd. 10.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person, health care new text end
7.2
new text begin facility, business, or organization that fails to report as required under subdivisions 2 to 6 new text end
7.3
new text begin shall be subject to civil penalties for failing to report as required by law.new text end
7.4
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
7.5Â Â Â Â Sec. 10. Minnesota Statutes 2010, section 148.102, is amended by adding a subdivision
7.6to read:
7.7Â Â Â Â
new text begin Subd. 8.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person or insurer that new text end
7.8
new text begin fails to report as required under subdivisions 2 to 4 shall be subject to civil penalties for new text end
7.9
new text begin failing to report as required by law.new text end
7.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
7.11Â Â Â Â Sec. 11. Minnesota Statutes 2010, section 148.261, subdivision 1, is amended to read:
7.12Â Â Â Â Subdivision 1.
Grounds listed. The board may deny, revoke, suspend, limit, or
7.13condition the license and registration of any person to practice professional, advanced
7.14practice registered, or practical nursing under sections
148.171 to
148.285, or to otherwise
7.15discipline a licensee or applicant as described in section
148.262. The following are
7.16grounds for disciplinary action:
7.17(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
7.18contained in sections
148.171 to
148.285 or rules of the board. In the case of a person
7.19applying for a license, the burden of proof is upon the applicant to demonstrate the
7.20qualifications or satisfaction of the requirements.
7.21(2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
7.22or registration certificate to practice professional or practical nursing or attempting to
7.23subvert the licensing examination process. Conduct that subverts or attempts to subvert
7.24the licensing examination process includes, but is not limited to:
7.25(i) conduct that violates the security of the examination materials, such as removing
7.26examination materials from the examination room or having unauthorized possession of
7.27any portion of a future, current, or previously administered licensing examination;
7.28(ii) conduct that violates the standard of test administration, such as communicating
7.29with another examinee during administration of the examination, copying another
7.30examinee's answers, permitting another examinee to copy one's answers, or possessing
7.31unauthorized materials; or
7.32(iii) impersonating an examinee or permitting an impersonator to take the
7.33examination on one's own behalf.
8.1(3) Conviction during the previous five years of a felony or gross misdemeanor
8.2reasonably related to the practice of professional, advanced practice registered, or practical
8.3nursing. Conviction as used in this subdivision includes a conviction of an offense that if
8.4committed in this state would be considered a felony or gross misdemeanor without regard
8.5to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is
8.6made or returned but the adjudication of guilt is either withheld or not entered.
8.7(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
8.8against the person's professional or practical nursing license or advanced practice
8.9registered nursing credential, in another state, territory, or country; failure to report to the
8.10board that charges regarding the person's nursing license or other credential are pending in
8.11another state, territory, or country; or having been refused a license or other credential by
8.12another state, territory, or country.
8.13(5) Failure to or inability to perform professional or practical nursing as defined in
8.14section
148.171, subdivision 14 or 15, with reasonable skill and safety, including failure
8.15of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
8.16performance of acts by any person working at the nurse's direction.
8.17(6) Engaging in unprofessional conduct, including, but not limited to, a departure
8.18from or failure to conform to board rules of professional or practical nursing practice that
8.19interpret the statutory definition of professional or practical nursing as well as provide
8.20criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
8.21acceptable and prevailing professional or practical nursing practice, or any nursing
8.22practice that may create unnecessary danger to a patient's life, health, or safety. Actual
8.23injury to a patient need not be established under this clause.
8.24(7) Failure of an advanced practice registered nurse to practice with reasonable
8.25skill and safety or departure from or failure to conform to standards of acceptable and
8.26prevailing advanced practice registered nursing.
8.27(8) Delegating or accepting the delegation of a nursing function or a prescribed
8.28health care function when the delegation or acceptance could reasonably be expected to
8.29result in unsafe or ineffective patient care.
8.30(9) Actual or potential inability to practice nursing with reasonable skill and safety
8.31to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
8.32as a result of any mental or physical condition.
8.33(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
8.34person, or a person dangerous to the public by a court of competent jurisdiction, within or
8.35without this state.
9.1(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
9.2to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
9.3for the health, welfare, or safety of a patient. Actual injury need not be established under
9.4this clause.
9.5(12) Engaging in conduct with a patient that is sexual or may reasonably be
9.6interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
9.7demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
9.8(13) Obtaining money, property, or services from a patient, other than reasonable
9.9fees for services provided to the patient, through the use of undue influence, harassment,
9.10duress, deception, or fraud.
9.11(14) Revealing a privileged communication from or relating to a patient except when
9.12otherwise required or permitted by law.
9.13(15) Engaging in abusive or fraudulent billing practices, including violations of
9.14federal Medicare and Medicaid laws or state medical assistance laws.
9.15(16) Improper management of patient records, including failure to maintain adequate
9.16patient records, to comply with a patient's request made pursuant to sections
144.291 to
9.17144.298, or to furnish a patient record or report required by law.
9.18(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
9.19engage in the unlawful practice of professional, advanced practice registered, or practical
9.20nursing.
9.21(18) Violating a rule adopted by the board, an order of the board, or a state or federal
9.22law relating to the practice of professional, advanced practice registered, or practical
9.23nursing, or a state or federal narcotics or controlled substance law.
9.24(19) Knowingly providing false or misleading information that is directly related
9.25to the care of that patient unless done for an accepted therapeutic purpose such as the
9.26administration of a placebo.
9.27(20) Aiding suicide or aiding attempted suicide in violation of section
609.215 as
9.28established by any of the following:
9.29(i) a copy of the record of criminal conviction or plea of guilty for a felony in
9.30violation of section
609.215, subdivision 1 or 2;
9.31(ii) a copy of the record of a judgment of contempt of court for violating an
9.32injunction issued under section
609.215, subdivision 4;
9.33(iii) a copy of the record of a judgment assessing damages under section
609.215,
9.34subdivision 5
; or
10.1(iv) a finding by the board that the person violated section
609.215, subdivision
10.21
or 2. The board shall investigate any complaint of a violation of section
609.215,
10.3subdivision 1
or 2.
10.4(21) Practicing outside the scope of practice authorized by section
148.171,
10.5subdivision 5
, 10, 11, 13, 14, 15, or 21.
10.6(22) Practicing outside the specific field of nursing practice for which an advanced
10.7practice registered nurse is certified unless the practice is authorized under section
148.284.
10.8(23) Making a false statement or knowingly providing false information to the
10.9board, failing to make reports as required by section
148.263, or failing to cooperate with
10.10an investigation of the board as required by section
148.265.
10.11(24) Engaging in false, fraudulent, deceptive, or misleading advertising.
10.12(25) Failure to inform the board of the person's certification status as a nurse
10.13anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.
10.14(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
10.15practitioner practice, or registered nurse anesthetist practice without current certification
10.16by a national nurse certification organization acceptable to the board, except during the
10.17period between completion of an advanced practice registered nurse course of study and
10.18certification, not to exceed six months or as authorized by the board.
10.19(27) Engaging in conduct that is prohibited under section
145.412.
10.20(28) Failing to report employment to the board as required by section
148.211,
10.21subdivision 2a
, or knowingly aiding, assisting, advising, or allowing a person to fail to
10.22report as required by section
148.211, subdivision 2a.
10.23Â Â Â Â Sec. 12. Minnesota Statutes 2010, section 148.263, is amended by adding a subdivision
10.24to read:
10.25Â Â Â Â
new text begin Subd. 7.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person, institution, new text end
10.26
new text begin insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be new text end
10.27
new text begin subject to civil penalties for failing to report as required by law.new text end
10.28
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
10.29Â Â Â Â Sec. 13. Minnesota Statutes 2010, section 148.5194, subdivision 5, is amended to read:
10.30Â Â Â Â Subd. 5.
Nonrefundablenew text begin Use ofnew text end fees. All fees are nonrefundable.
new text begin The commissioner new text end
10.31
new text begin shall only use fees collected under this section for the purposes of administering this new text end
10.32
new text begin chapter. The legislature must not transfer money generated by these fees from the state new text end
10.33
new text begin government special revenue fund to the general fund. Surcharges collected by the new text end
10.34
new text begin commissioner of health under section 16E.22 are not subject to this subdivision.new text end
11.1Â Â Â Â Sec. 14. Minnesota Statutes 2010, section 148.6445, subdivision 10, is amended to
11.2read:
11.3Â Â Â Â Subd. 10.
Nonrefundablenew text begin Use ofnew text end fees. All fees are nonrefundable.
new text begin The new text end
11.4
new text begin commissioner shall only use fees collected under this section for the purposes of new text end
11.5
new text begin administering this chapter. The legislature must not transfer money generated by these fees new text end
11.6
new text begin from the state government special revenue fund to the general fund. Surcharges collected new text end
11.7
new text begin by the commissioner of health under section 16E.22 are not subject to this subdivision.new text end
11.8Â Â Â Â Sec. 15. Minnesota Statutes 2010, section 148B.07, is amended by adding a
11.9subdivision to read:
11.10Â Â Â Â
new text begin Subd. 10.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person, institution, new text end
11.11
new text begin insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be new text end
11.12
new text begin subject to civil penalties for failing to report as required by law.new text end
11.13
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
11.14Â Â Â Â Sec. 16. Minnesota Statutes 2010, section 148C.095, is amended by adding a
11.15subdivision to read:
11.16Â Â Â Â
new text begin Subd. 8.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person, institution, new text end
11.17
new text begin insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be new text end
11.18
new text begin subject to civil penalties for failing to report as required by law.new text end
11.19
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
11.20Â Â Â Â Sec. 17. Minnesota Statutes 2010, section 148E.285, is amended by adding a
11.21subdivision to read:
11.22Â Â Â Â
new text begin Subd. 4.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person, institution, or new text end
11.23
new text begin organization that fails to report as required under subdivisions 1 and 2 shall be subject new text end
11.24
new text begin to civil penalties for failing to report as required by law. new text end
11.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
11.26Â Â Â Â Sec. 18. Minnesota Statutes 2010, section 150A.13, is amended by adding a
11.27subdivision to read:
11.28Â Â Â Â
new text begin Subd. 10.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person, institution, new text end
11.29
new text begin insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be new text end
11.30
new text begin subject to civil penalties for failing to report as required by law.new text end
12.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
12.2Â Â Â Â Sec. 19. Minnesota Statutes 2010, section 153.24, is amended by adding a subdivision
12.3to read:
12.4Â Â Â Â
new text begin Subd. 8.new text end new text begin Failure to report.new text end new text begin On or after August 1, 2012, any person, institution, or new text end
12.5
new text begin insurer that fails to report as required under subdivisions 2 to 5 shall be subject to civil new text end
12.6
new text begin penalties for failing to report as required by law.new text end
12.7
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2012.new text end
12.8Â Â Â Â Sec. 20. Minnesota Statutes 2010, section 153A.17, is amended to read:
12.9
153A.17 EXPENSES; FEES.
12.10(a) The expenses for administering the certification requirements, including the
12.11complaint handling system for hearing aid dispensers in sections
153A.14 and
153A.15,
12.12and the Consumer Information Center under section
153A.18, must be paid from initial
12.13application and examination fees, renewal fees, penalties, and fines.
new text begin The commissioner new text end
12.14
new text begin shall only use fees collected under this section for the purposes of administering this new text end
12.15
new text begin chapter. The legislature must not transfer money generated by these fees from the state new text end
12.16
new text begin government special revenue fund to the general fund. Surcharges collected by the new text end
12.17
new text begin commissioner of health under section 16E.22 are not subject to this paragraph.new text end
12.18(b) The fees are as follows:
12.19(1) the initial and annual renewal certification application fee is $600;
12.20(2) the initial examination fee for the written portion is $500, and for each time it
12.21is taken, thereafter;
12.22(3) the initial examination fee for the practical portion is $1,200, and $600 for each
12.23time it is taken, thereafter; for individuals meeting the requirements of section
148.515,
12.24subdivision 2, the fee for the practical portion of the hearing instrument dispensing
12.25examination is $250 each time it is taken;
12.26(4) the trainee application fee is $200;
12.27(5) the penalty fee for late submission of a renewal application is $200; and
12.28(6) the fee for verification of certification to other jurisdictions or entities is $25.
12.29(c) The commissioner may prorate the certification fee for new applicants based on
12.30the number of quarters remaining in the annual certification period.
12.31(d) All fees are nonrefundable. All fees, penalties, and fines received must be
12.32deposited in the state government special revenue fund.
13.1(e) Beginning July 1, 2009, until June 30, 2016, a surcharge of $100 shall be paid
13.2at the time of initial certification application or renewal to recover the commissioner's
13.3accumulated direct expenditures for administering the requirements of this chapter.
13.4Â Â Â Â Sec. 21. Minnesota Statutes 2010, section 214.06, subdivision 1, is amended to read:
13.5Â Â Â Â Subdivision 1.
Fee adjustmentnew text begin Fees to recover expendituresnew text end . Notwithstanding
13.6any law to the contrary, the commissioner of health as authorized by section
, all
13.7health-related licensing boards and all non-health-related licensing boards shall by rule,
13.8with the approval of the commissioner of management and budget, adjust, as needed,
13.9any fee which the commissioner of health or the board is empowered to assess.
new text begin The new text end
13.10
new text begin commissioner of health as authorized by section 214.13 and all health-related licensing new text end
13.11
new text begin boards and non-health-related licensing boards shall propose or adjust any fee according new text end
13.12
new text begin to section 16A.1283.new text end As provided in section
16A.1285, the adjustment
new text begin feesnew text end shall be
13.13an amount sufficient so that the total fees collected by each board will be based on
13.14anticipated expenditures, including expenditures for the programs authorized by sections
13.15214.10
,
214.103,
214.11,
214.17 to
214.24,
214.28 to
214.37, and
214.40, except that a
13.16health-related licensing board may have anticipated expenditures in excess of anticipated
13.17revenues in a biennium by using accumulated surplus revenues from fees collected by
13.18that board in previous bienniums.
new text begin A health-related licensing board may accumulate up to new text end
13.19
new text begin one year of operating funds, and then shall propose a fee reduction according to section new text end
13.20
new text begin 16A.1283.new text end A health-related licensing board shall not spend more money than the amount
13.21appropriated by the legislature for a biennium. For members of an occupation registered
13.22after July 1, 1984, by the commissioner of health under the provisions of section
214.13,
13.23the fee established must include an amount necessary to recover, over a five-year period,
13.24the commissioner's direct expenditures for adoption of the rules providing for registration
13.25of members of the occupation. All fees received shall be deposited in the state treasury.
13.26Â Â Â Â Sec. 22. Minnesota Statutes 2010, section 214.06, subdivision 1a, is amended to read:
13.27Â Â Â Â Subd. 1a.
Health occupations licensing account. new text begin (a) new text end Fees received by the
13.28commissioner of health or health-related licensing boards must be credited to the health
13.29occupations licensing account in the state government special revenue fund. The
13.30commissioner of management and budget shall ensure that the revenues and expenditures
13.31of each health-related licensing board are tracked separately in the health occupations
13.32licensing account.
13.33Â Â Â Â
new text begin (b) The fees collected must be used only by the boards identified in section 214.01, new text end
13.34
new text begin subdivision 2, and only for the purposes of the programs they administer. The legislature new text end
14.1
new text begin must not transfer money generated by these fees from the state government special new text end
14.2
new text begin revenue fund to the general fund. Surcharges collected by a health-related licensing board new text end
14.3
new text begin under section 16E.22 are not subject to this subdivision.new text end
14.4Â Â Â Â Sec. 23. Minnesota Statutes 2010, section 214.06, is amended by adding a subdivision
14.5to read:
14.6Â Â Â Â
new text begin Subd. 1b.new text end new text begin Health-related licensing boards; surcharges.new text end new text begin When a health-related new text end
14.7
new text begin licensing board imposes a surcharge, the surcharge must not be incorporated as a fee new text end
14.8
new text begin increase, but must be made as a separate assessment to be paid by the individuals regulated new text end
14.9
new text begin by the board.new text end
14.10Â Â Â Â Sec. 24.
new text begin [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.new text end
14.11
new text begin (a) Each health-related licensing board, as defined in section 214.01, subdivision 2, new text end
14.12
new text begin and the commissioner of health, as the regulator for occupational therapy practitioners, new text end
14.13
new text begin speech-language pathologists, audiologists, and hearing instrument dispensers, are new text end
14.14
new text begin required to post on its public Web site the name and business address of each regulated new text end
14.15
new text begin individual who has:new text end
14.16
new text begin (1) a conviction of a felony or gross misdemeanor occurring on or after July 1, new text end
14.17
new text begin 2013, in any state or jurisdiction;new text end
14.18
new text begin (2) a malpractice judgment occurring on or after July 1, 2013, against the regulated new text end
14.19
new text begin individual in any state or jurisdiction. Information describing judgments shall be new text end
14.20
new text begin developed by the boards and the commissioner, shall be stated in plain English, and shall new text end
14.21
new text begin ensure the public understands the context of actions involving licensees; ornew text end
14.22
new text begin (3) any disciplinary or corrective action or restriction of privileges taken against the new text end
14.23
new text begin individual's license by the commissioner or a state licensing board in this state or in any new text end
14.24
new text begin other state or jurisdiction. The Web site shall identify the basis for disciplinary action, the new text end
14.25
new text begin type of disciplinary action taken, and whether the action was taken by the commissioner new text end
14.26
new text begin or a licensing board in this or another state or the federal government. This clause shall new text end
14.27
new text begin not include any action or restriction imposed through an agreement with a regulated new text end
14.28
new text begin individual and the health professionals services program under sections 214.31 to 214.37.new text end
14.29
new text begin (b) The information described in this section shall be posted for new licensees new text end
14.30
new text begin issued a license on or after July 1, 2013, and for current licensees upon license renewal new text end
14.31
new text begin occurring on or after July 1, 2013.new text end
14.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2013.new text end
14.33Â Â Â Â Sec. 25.
new text begin [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.new text end
15.1Â Â Â Â
new text begin Each health-related licensing board, as defined in section 214.01, subdivision 2, new text end
15.2
new text begin and the commissioner of health, as the regulator for occupational therapy practitioners, new text end
15.3
new text begin speech-language pathologists, audiologists, and hearing instrument dispensers, shall new text end
15.4
new text begin require an applicant on or after August 1, 2012, to provide the individual's primary new text end
15.5
new text begin business address at the time of initial application and all subsequent renewals.new text end
15.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.7Â Â Â Â Sec. 26.
new text begin REPORT; HEALTH-RELATED LICENSING BOARD AND new text end
15.8
new text begin COMMISSIONER OF HEALTH BACKGROUND CHECKS.new text end
15.9
new text begin The health-related licensing boards and the commissioner of health shall jointly new text end
15.10
new text begin study and make recommendations for establishing uniform criminal history background new text end
15.11
new text begin check requirements applicable to applicants and regulated individuals under their new text end
15.12
new text begin jurisdiction. The study must include procedures for conducting background checks, new text end
15.13
new text begin payment of costs, circumstances under which federal background checks are to be new text end
15.14
new text begin conducted, and the standard to be applied to determine whether a criminal record may new text end
15.15
new text begin disqualify an individual from licensure or a regulated occupation. By January 15, 2013, new text end
15.16
new text begin the boards and the commissioner shall submit a report and draft legislation to the chair new text end
15.17
new text begin and ranking minority member of the senate and house of representatives committees with new text end
15.18
new text begin jurisdiction over health and human services and data practices issues.new text end
15.19Â Â Â Â Sec. 27.
new text begin HEALTH-RELATED LICENSING BOARDS REPORTING new text end
15.20
new text begin OBLIGATIONS.new text end
15.21Â Â Â Â
new text begin (a) By January 15, 2013, the health-related boards and the commissioner of health, new text end
15.22
new text begin as the regulator for occupational therapy practitioners, speech-language pathologists, new text end
15.23
new text begin audiologists, and hearing instrument dispensers, shall jointly study and submit draft new text end
15.24
new text begin legislation to the Sunset Commission and the chairs and ranking minority members of new text end
15.25
new text begin the legislative committees with jurisdiction over health and human services developing new text end
15.26
new text begin consistent reporting requirements that require institutions, professional societies, other new text end
15.27
new text begin licensed professionals, courts, insurers, and other entities to report conduct constituting new text end
15.28
new text begin grounds for disciplinary action to the respective regulatory entity. The study and draft new text end
15.29
new text begin legislation shall include a self-reporting requirement that requires the licensed individual new text end
15.30
new text begin to report to the respective regulatory entity any action that would require a report to be new text end
15.31
new text begin filed by another specified entity. The study and draft legislation shall also include penalties new text end
15.32
new text begin that may be imposed for failure to report.new text end
16.1Â Â Â Â
new text begin (b) Health-related boards with existing statutory reporting obligations shall new text end
16.2
new text begin participate to ensure that the existing reporting requirements are consistent with the new text end
16.3
new text begin recommended requirements and draft legislation.new text end
16.4Â Â Â Â Sec. 28.
new text begin SUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH new text end
16.5
new text begin REVIEW.new text end
16.6
new text begin The Sunset Advisory Commission review of the Department of Health in 2013 new text end
16.7
new text begin and 2014 must include an analysis of the extent to which health occupations should be new text end
16.8
new text begin licensed by the Department of Health, and which occupations should be licensed by new text end
16.9
new text begin licensing boards.new text end
16.10Â Â Â Â Sec. 29.
new text begin REPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING new text end
16.11
new text begin BOARDS.new text end
16.12
new text begin The health-related licensing boards and the attorney general shall review and new text end
16.13
new text begin make recommendations to the legislature by January 15, 2013, on the respective roles new text end
16.14
new text begin of the boards and the attorney general in conducting investigations of licensees of the new text end
16.15
new text begin health-related licensing boards.new text end
16.16Â Â Â Â Sec. 30.
new text begin REPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.new text end
16.17
new text begin The commissioner of administration, in conjunction with the health-related licensing new text end
16.18
new text begin boards identified in Minnesota Statutes, section 214.01, and the Office of Enterprise new text end
16.19
new text begin Technology utilizing business rules from the health licensing boards shall report to the new text end
16.20
new text begin legislature by January 15, 2013, the best system for providing electronic licensing, new text end
16.21
new text begin disciplinary, regulatory, and investigative services for the health-related licensing boards. new text end
16.22
new text begin Any costs incurred in preparing this report must be paid from surcharges collected under new text end
16.23
new text begin Minnesota Statutes, section 16E.22.new text end
16.24Â Â Â Â Sec. 31.
new text begin REPORT; HEALTH-RELATED LICENSING BOARD FEES.new text end
16.25
new text begin Each health-related licensing board, as defined in section 214.01, subdivision 2, new text end
16.26
new text begin and the commissioner of health, as the regulator for occupational therapy practitioners, new text end
16.27
new text begin speech-language pathologists, audiologists, and hearing instrument dispensers, shall new text end
16.28
new text begin report to the chair and lead minority member of the senate and house of representatives new text end
16.29
new text begin committees with jurisdiction over health and human services finance by January 15, 2013, new text end
16.30
new text begin on the degree to which fees imposed comply with Minnesota Statutes, sections 214.055 new text end
16.31
new text begin and 214.06, for the health-related licensing boards or Minnesota Statutes, section 144.122, new text end
16.32
new text begin for the commissioner of health. If a board determines that its fees are expected to produce new text end
17.1
new text begin more revenue than needed to recover expenditures during a five-year period, the board new text end
17.2
new text begin must propose reductions in those fees according to section 16A.1283.new text end
17.3Â Â Â Â Sec. 32.
new text begin REPORTS; ADMINISTRATIVE SUPPORT SERVICES.new text end
17.4
new text begin (a) The commissioner of administration shall report to the legislature by January 15, new text end
17.5
new text begin 2013, on use of the SMART program by executive branch agencies.new text end
17.6
new text begin (b) The administrative services unit of health-related licensing boards shall report to new text end
17.7
new text begin the legislature by January 15, 2013, evaluating use of the units' services by health-related new text end
17.8
new text begin licensing boards.new text end
17.9Â Â Â Â Sec. 33.
new text begin MEDICAL PRACTICE ACT; STUDY.new text end
17.10Â Â Â Â
new text begin (a) The commissioner of health shall convene a working group to evaluate the state's new text end
17.11
new text begin Medical Practice Act to ensure that it effectively protects the safety and well-being of the new text end
17.12
new text begin citizens of the state and allows transparency. In this evaluation, the working group shall new text end
17.13
new text begin consider practice acts in other states, including conduct that may result in disciplinary new text end
17.14
new text begin action.new text end
17.15Â Â Â Â
new text begin (b) The working group shall consist of 15 members, comprised and appointed as new text end
17.16
new text begin follows:new text end
17.17Â Â Â Â
new text begin (1) two members of the Board of Medical Practice appointed by the Board of new text end
17.18
new text begin Medical Practice;new text end
17.19Â Â Â Â
new text begin (2) two practicing physicians appointed by the Minnesota Medical Association;new text end
17.20Â Â Â Â
new text begin (3) two medical educators, one representing the University of Minnesota and new text end
17.21
new text begin appointed by the commissioner of health and one representing the Mayo Clinic and new text end
17.22
new text begin appointed by the commissioner of health;new text end
17.23Â Â Â Â
new text begin (4) two senators, one appointed by the subcommittee on committees, and one new text end
17.24
new text begin appointed by the senate minority leader, and two members of the house of representatives, new text end
17.25
new text begin one appointed by the speaker and one appointed by the house minority leader;new text end
17.26
new text begin (5) the commissioner of health;new text end
17.27Â Â Â Â
new text begin (6) two consumers appointed by the commissioner of health; andnew text end
17.28Â Â Â Â
new text begin (7) two experts in the field of medical practice appointed by the commissioner new text end
17.29
new text begin of health.new text end
17.30Â Â Â Â
new text begin The majority of the working group must be composed of members who have no new text end
17.31
new text begin current or past affiliation with the Board of Medical Practice. For purposes of this section, new text end
17.32
new text begin being licensed by the Board of Medical Practice does not constitute "affiliation."new text end
17.33Â Â Â Â
new text begin (c) Compensation for working group members is subject to Minnesota Statutes, new text end
17.34
new text begin section 15.059, subdivision 3, and must be paid from the operating funds of the Board of new text end
18.1
new text begin Medical Practice. The costs incurred by the commissioner of health to convene and support new text end
18.2
new text begin the working group must be paid from the operating funds of the Board of Medical Practice.new text end
18.3Â Â Â Â
new text begin (d) The working group must elect a chair from its members.new text end
18.4Â Â Â Â
new text begin (e) Meetings of the working group shall be open to the public.new text end
18.5Â Â Â Â
new text begin (f) No later than January 1, 2013, the commissioner shall submit the report of the new text end
18.6
new text begin working group and legislation modifying the practice act for consideration during the new text end
18.7
new text begin 2013 legislative session.new text end
18.8
new text begin (g) The working group expires the day following submission of the report.new text end
18.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
18.10Â Â Â Â Sec. 34.
new text begin BOARD OF MEDICAL PRACTICE REVIEW.new text end
18.11Â Â Â Â
new text begin The legislative auditor is requested to conduct a special investigation of the new text end
18.12
new text begin Minnesota Board of Medical Practice and its implementation of the Medical Practice new text end
18.13
new text begin Act. The legislative auditor is requested to submit the results of the investigation to the new text end
18.14
new text begin Legislative Audit Commission, the Sunset Advisory Commission, and the chairs and new text end
18.15
new text begin ranking minority members of the senate and house of representatives policy committees new text end
18.16
new text begin having jurisdiction over the board by January 1, 2013.new text end
18.17Â Â Â Â Sec. 35.
new text begin REPEALER.new text end
18.18
new text begin Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; new text end
18.19
new text begin and 138A.06,new text end new text begin are repealed effective the day following final enactment.new text end
18.20
ARTICLE 3
18.21
TRANSFER OF COMBATIVE SPORTS DUTIES
18.22Â Â Â Â Section 1. Minnesota Statutes 2010, section 341.21, is amended by adding a
18.23subdivision to read:
18.24Â Â Â Â
new text begin Subd. 3a.new text end new text begin Commissioner.new text end new text begin "Commissioner" means the commissioner of labor and new text end
18.25
new text begin industry.new text end
18.26Â Â Â Â Sec. 2.
new text begin [341.221] ADVISORY COUNCIL.new text end
18.27
new text begin (a) The commissioner must appoint a Combative Sports Advisory Council to advise new text end
18.28
new text begin the commissioner on the administration of duties under this chapter.new text end
18.29
new text begin (b) The council shall have nine members appointed by the commissioner. One new text end
18.30
new text begin member must be a retired judge of the Minnesota District Court, Minnesota Court of new text end
18.31
new text begin Appeals, Minnesota Supreme Court, the United States District Court for the District of new text end
18.32
new text begin Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have new text end
19.1
new text begin knowledge of the boxing industry. At least four members must have knowledge of the new text end
19.2
new text begin mixed martial arts industry. The commissioner shall make serious efforts to appoint new text end
19.3
new text begin qualified women to serve on the council.new text end
19.4
new text begin (c) Council members shall serve terms of four years with the terms ending on the new text end
19.5
new text begin first Monday in January.new text end
19.6
new text begin (d) The council shall annually elect from its membership a chair. new text end
19.7
new text begin (e) The commissioner shall convene the first meeting of the council by July 1, 2012. new text end
19.8
new text begin The council shall elect a chair at its first meeting. Thereafter, meetings shall be convened new text end
19.9
new text begin by the commissioner, or by the chair with the approval of the commissioner.new text end
19.10
new text begin (f) For the first appointments to the council, the commissioner shall appoint the new text end
19.11
new text begin members currently serving on the Combative Sports Commission established under new text end
19.12
new text begin section 341.22, to the council. The commissioner shall designate two of the members to new text end
19.13
new text begin serve until the first Monday in January 2013; two members to serve until the first Monday new text end
19.14
new text begin in January 2014; two members to serve until the first Monday in January 2015; and three new text end
19.15
new text begin members to serve until the first Monday in January 2016.new text end
19.16
new text begin (g) Removal of members, filling of vacancies, and compensation of members shall new text end
19.17
new text begin be as provided in section 15.059.new text end
19.18Â Â Â Â Sec. 3. Minnesota Statutes 2010, section 341.23, is amended to read:
19.19
341.23 LIMITATIONS.
19.20Â Â Â Â No member of the commission
new text begin council new text end may directly or indirectly promote a contest,
19.21directly or indirectly engage in the managing of a combatant, or have an interest in any
19.22manner in the proceeds from a combative sport contest.
19.23Â Â Â Â Sec. 4. Minnesota Statutes 2010, section 341.27, is amended to read:
19.24
341.27 COMMISSION new text begin COMMISSIONER new text end DUTIES.
19.25Â Â Â Â The commission
new text begin commissioner new text end shall:
19.26Â Â Â Â (1) issue, deny, renew, suspend, or revoke licenses;
19.27Â Â Â Â (2) make and maintain records of its acts and proceedings including the issuance,
19.28denial, renewal, suspension, or revocation of licenses;
19.29Â Â Â Â (3) keep public records of the commission
new text begin council new text end open to inspection at all
19.30reasonable times;
19.31Â Â Â Â (4) assist the director in the development of
new text begin develop new text end rules to be implemented under
19.32this chapter;
19.33Â Â Â Â (5) conform to the rules adopted under this chapter;
19.34Â Â Â Â (6) develop policies and procedures for regulating mixed martial arts;
new text begin andnew text end
20.1Â Â Â Â (7) immediately suspend an individual license for a medical condition, including but
20.2not limited to a medical condition resulting from an injury sustained during a match, bout,
20.3or contest that has been confirmed by the ringside physician. The medical suspension must
20.4be lifted after the commission receives written information from a physician licensed in
20.5the home state of the licensee indicating that the combatant may resume competition, and
20.6any other information that the commission may by rule require. Medical suspensions are
20.7not subject to section
214.10; and
new text begin .new text end
20.8Â Â Â Â (8) evaluate the performance and compensation of the director, including eligibility
20.9for salary increases, in keeping with state procedures.
20.10Â Â Â Â Sec. 5. Minnesota Statutes 2010, section 341.271, is amended to read:
20.11
341.271 GIFT AUTHORITY.
20.12Â Â Â Â The commission
new text begin commissioner new text end may apply for, receive, and expend in its own name
20.13grants and gifts of money consistent with the powers and duties specified in section
20.14341.27
. The commission
new text begin commissioner new text end may accept gifts, bequests, grants, payments
20.15for services, and other public and private money to help finance the activities of the
20.16commission
new text begin required under this chapternew text end .
20.17Â Â Â Â Sec. 6. Minnesota Statutes 2010, section 341.28, subdivision 1, is amended to read:
20.18Â Â Â Â Subdivision 1.
Regulatory authority; combative sports. All combative sport
20.19contests are subject to this chapter. The commission shall, for every combative sport
20.20contest:
20.21Â Â Â Â (1) direct a commission member to be present; and
20.22Â Â Â Â (2) direct the attending commission member to make a written report of the contest.
20.23Â Â Â Â All combative sport contests within this state must be conducted according to the
20.24requirements of this chapter.
20.25Â Â Â Â Sec. 7. Minnesota Statutes 2010, section 341.37, is amended to read:
20.26
341.37 APPROPRIATION.
20.27Â Â Â Â A commission
new text begin combative sportsnew text end account is created in the special revenue fund.
20.28Money in the account is annually appropriated to the commission
new text begin commissionernew text end for the
20.29purposes of conducting its statutory responsibilities and obligations
new text begin under this chapternew text end .
20.30Â Â Â Â Sec. 8.
new text begin TRANSFER OF DUTIES.new text end
20.31
new text begin The Combative Sports Commission is abolished. Duties of the commission are new text end
20.32
new text begin transferred to the commissioner of labor and industry. Minnesota Statutes, section 15.039, new text end
21.1
new text begin subdivisions 1 to 6, apply to this transfer. The commissioner of labor and industry may new text end
21.2
new text begin provide that one or more staff of the Combative Sports Commission transfer to the new text end
21.3
new text begin Department of Labor and Industry. No money from the general fund may be used for costs new text end
21.4
new text begin associated with the transfer of functions in this article. The commissioner of labor and new text end
21.5
new text begin industry may charge the combative sports account for indirect costs incurred in other new text end
21.6
new text begin accounts or funds for costs associated with transfer of combative sports functions.new text end
21.7Â Â Â Â Sec. 9.
new text begin REVISOR'S INSTRUCTION.new text end
21.8
new text begin The revisor of statutes shall substitute the term "commissioner" for "commission" in new text end
21.9
new text begin each place the term "commission" appears in Minnesota Statutes, chapter 341.new text end
21.10Â Â Â Â Sec. 10.
new text begin REPEALER.new text end
21.11
new text begin Minnesota Statutes 2010, sections 341.21, subdivisions 3 and 4a; 341.22; 341.24; new text end
21.12
new text begin and 341.26,new text end new text begin are repealed.new text end
21.13Â Â Â Â Sec. 11.
new text begin EFFECTIVE DATE.new text end
21.14
new text begin This article is effective July 1, 2012.new text end
21.15
ARTICLE 4
21.16
HEALTH BOARDS
21.17Â Â Â Â Section 1. Minnesota Statutes 2010, section 214.09, is amended by adding a
21.18subdivision to read:
21.19Â Â Â Â
new text begin Subd. 5.new text end new text begin Health-related boards.new text end new text begin No current member of a health-related licensing new text end
21.20
new text begin board may seek a paid employment position with that board.new text end
21.21Â Â Â Â Sec. 2. Minnesota Statutes 2010, section 214.103, is amended to read:
21.22
214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
21.23
INVESTIGATION, AND HEARING.
21.24Â Â Â Â Subdivision 1.
Application. For purposes of this section, "board" means
21.25"health-related licensing board" and does not include the non-health-related licensing
21.26boards. Nothing in this section supersedes section
214.10, subdivisions 2a, 3, 8, and 9, as
21.27they apply to the health-related licensing boards.
21.28Â Â Â Â
new text begin Subd. 1a.new text end new text begin Notifications and resolution.new text end new text begin (a) No more than 14 calendar days after new text end
21.29
new text begin receiving a complaint regarding a licensee, the board shall notify the complainant that new text end
21.30
new text begin the board has received the complaint and shall provide the complainant with the written new text end
21.31
new text begin description of the board's complaint process. The board shall periodically, but no less new text end
22.1
new text begin than every 120 days, notify the complainant of the status of the complaint consistent new text end
22.2
new text begin with section 13.41.new text end
22.3
new text begin (b) Except as provided in paragraph (d), no more than 60 calendar days after new text end
22.4
new text begin receiving a complaint regarding a licensee, the board must notify the licensee that the new text end
22.5
new text begin board has received a complaint and inform the licensee of:new text end
22.6
new text begin (1) the substance of the complaint;new text end
22.7
new text begin (2) the sections of the law that have allegedly been violated;new text end
22.8
new text begin (3) the sections of the professional rules that have allegedly been violated; andnew text end
22.9
new text begin (4) whether an investigation is being conducted.new text end
22.10
new text begin (c) The board shall periodically, but no less than every 120 days, notify the licensee new text end
22.11
new text begin of the status of the complaint consistent with section 13.41.new text end
22.12
new text begin (d) Paragraphs (b) and (c) do not apply if the board determines that such notice new text end
22.13
new text begin would compromise the board's investigation and that such notice cannot reasonably be new text end
22.14
new text begin accomplished within this time.new text end
22.15
new text begin (e) No more than one year after receiving a complaint regarding a licensee, the new text end
22.16
new text begin board must resolve or dismiss the complaint unless the board determines that resolving or new text end
22.17
new text begin dismissing the complaint cannot reasonably be accomplished in this time and is not in new text end
22.18
new text begin the public interest.new text end
22.19
new text begin (f) Failure to make notifications or to resolve the complaint within the time new text end
22.20
new text begin established in this subdivision shall not deprive the board of jurisdiction to complete the new text end
22.21
new text begin investigation or to take corrective, disciplinary, or other action against the licensee that is new text end
22.22
new text begin authorized by law. Such a failure by the board shall not be the basis for a licensee's request new text end
22.23
new text begin for the board to dismiss a complaint, and shall not be considered by an administrative law new text end
22.24
new text begin judge, the board, or any reviewing court.new text end
22.25Â Â Â Â Subd. 2.
Receipt of complaint. The boards shall receive and resolve complaints
22.26or other communications, whether oral or written, against regulated persons. Before
22.27resolving an oral complaint, the executive director or a board member designated by the
22.28board to review complaints may
new text begin shall new text end require the complainant to state the complaint in
22.29writing
new text begin or authorize transcribing the complaintnew text end . The executive director or the designated
22.30board member shall determine whether the complaint alleges or implies a violation of
22.31a statute or rule which the board is empowered to enforce. The executive director or
22.32the designated board member may consult with the designee of the attorney general as
22.33to a board's jurisdiction over a complaint. If the executive director or the designated
22.34board member determines that it is necessary, the executive director may seek additional
22.35information to determine whether the complaint is jurisdictional or to clarify the nature
22.36of the allegations by obtaining records or other written material, obtaining a handwriting
23.1sample from the regulated person, clarifying the alleged facts with the complainant, and
23.2requesting a written response from the subject of the complaint.
23.3Â Â Â Â Subd. 3.
Referral to other agencies. The executive director shall forward to
23.4another governmental agency any complaints received by the board which do not relate
23.5to the board's jurisdiction but which relate to matters within the jurisdiction of another
23.6governmental agency. The agency shall advise the executive director of the disposition
23.7of the complaint. A complaint or other information received by another governmental
23.8agency relating to a statute or rule which a board is empowered to enforce must be
23.9forwarded to the executive director of the board to be processed in accordance with this
23.10section.
new text begin Governmental agencies may coordinate and conduct joint investigations of new text end
23.11
new text begin complaints that involve more than one governmental agency.new text end
23.12Â Â Â Â Subd. 4.
Role of the attorney general. The executive director or the designated
23.13board member shall forward a complaint and any additional information to the designee
23.14of the attorney general when the executive director or the designated board member
23.15determines that a complaint is jurisdictional and:
23.16(1) requires investigation before the executive director or the designated board
23.17member may resolve the complaint;
23.18(2) that attempts at resolution for disciplinary action or the initiation of a contested
23.19case hearing is appropriate;
23.20(3) that an agreement for corrective action is warranted; or
23.21(4) that the complaint should be dismissed, consistent with subdivision 8.
23.22Â Â Â Â Subd. 5.
Investigation by attorney general. new text begin (a) new text end If the executive director or the
23.23designated board member determines that investigation is necessary before resolving
23.24the complaint, the executive director shall forward the complaint and any additional
23.25information to the designee of the attorney general. The designee of the attorney general
23.26shall evaluate the communications forwarded and investigate as appropriate.
23.27
new text begin (b) new text end The designee of the attorney general may also investigate any other complaint
23.28forwarded under subdivision 3 when the designee of the attorney general determines that
23.29investigation is necessary.
23.30
new text begin (c) new text end In the process of evaluation and investigation, the designee shall consult with
23.31or seek the assistance of the executive director or the designated board member. The
23.32designee may also consult with or seek the assistance of other qualified persons who are
23.33not members of the board who the designee believes will materially aid in the process of
23.34evaluation or investigation.
24.1
new text begin (d) new text end Upon completion of the investigation, the designee shall forward the investigative
24.2report to the executive director
new text begin with recommendations for further consideration or new text end
24.3
new text begin dismissalnew text end .
24.4Â Â Â Â Subd. 6.
Attempts at resolution. (a) At any time after receipt of a complaint, the
24.5executive director or the designated board member may attempt to resolve the complaint
24.6with the regulated person. The available means for resolution include a conference or
24.7any other written or oral communication with the regulated person. A conference may
24.8be held for the purposes of investigation, negotiation, education, or conciliation.
new text begin Neither new text end
24.9
new text begin the executive director nor any member of a board's staff shall be a voting member in any new text end
24.10
new text begin attempts at resolutions which may result in disciplinary or corrective action. new text end The results
24.11of attempts at resolution with the regulated person may include a recommendation to
24.12the board for disciplinary action, an agreement between the executive director or the
24.13designated board member and the regulated person for corrective action, or the dismissal
24.14of a complaint. If attempts at resolution are not in the public interest or are not satisfactory
24.15to the executive director or the designated board member, then the executive director or
24.16the designated board member may initiate a contested case hearing
new text begin may be initiatednew text end .
24.17(1) The designee of the attorney general shall represent the board in all attempts at
24.18resolution which the executive director or the designated board member anticipate may
24.19result in disciplinary action. A stipulation between the executive director or the designated
24.20board member and the regulated person shall be presented to the board for the board's
24.21consideration. An approved stipulation and resulting order shall become public data.
24.22(2) The designee of the attorney general shall represent the board upon the request of
24.23the executive director or the designated board member in all attempts at resolution which
24.24the executive director or the designated board member anticipate may result in corrective
24.25action. Any agreement between the executive director or the designated board member
24.26and the regulated person for corrective action shall be in writing and shall be reviewed by
24.27the designee of the attorney general prior to its execution. The agreement for corrective
24.28action shall provide for dismissal of the complaint upon successful completion by the
24.29regulated person of the corrective action.
24.30(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
24.31client, the board must forward the complaint to the designee of the attorney general for
24.32an investigation. If, after it is investigated, the complaint appears to provide a basis for
24.33disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
24.34a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
24.35corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
25.1client unless, in the opinion of the executive director, the designated board member, and the
25.2designee of the attorney general, there is insufficient evidence to justify disciplinary action.
25.3Â Â Â Â Subd. 7.
Contested case hearing. If the executive director or the designated board
25.4member determines that attempts at resolution of a complaint are not in the public interest
25.5or are not satisfactory to the executive director or the designated board member, the
25.6executive director or the designated board member, after consultation with the designee
25.7of the attorney general,
new text begin and the concurrence of a second board member, new text end may initiate a
25.8contested case hearing under chapter 14. The designated board member or any board
25.9member who was consulted during the course of an investigation may participate at the
25.10contested case hearing. A designated or consulted board member may not deliberate or
25.11vote in any proceeding before the board pertaining to the case.
25.12Â Â Â Â Subd. 8.
Dismissal new text begin and reopening new text end of a complaint. new text begin (a) new text end A complaint may not be
25.13dismissed without the concurrence of at least two board members and, upon the request
25.14of the complainant, a review by a representative of the attorney general's office. The
25.15designee of the attorney general must review before dismissal any complaints which
25.16allege any violation of chapter 609, any conduct which would be required to be reported
25.17under section
626.556 or
626.557, any sexual contact or sexual conduct with a client,
25.18any violation of a federal law, any actual or potential inability to practice the regulated
25.19profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
25.20materials, or as a result of any mental or physical condition, any violation of state medical
25.21assistance laws, or any disciplinary action related to credentialing in another jurisdiction
25.22or country which was based on the same or related conduct specified in this subdivision.
25.23
new text begin (b) The board may reopen a dismissed complaint if the board receives newly new text end
25.24
new text begin discovered information that was not available to the board during the initial investigation new text end
25.25
new text begin of the complaint, or if the board receives a new complaint that indicates a pattern of new text end
25.26
new text begin behavior or conduct.new text end
25.27Â Â Â Â Subd. 9.
Information to complainant. A board shall furnish to a person who made
25.28a complaint a written description of the board's complaint process, and actions of the
25.29board relating to the complaint.
25.30Â Â Â Â Subd. 10.
Prohibited participation by board member. A board member who
25.31has actual bias or a current or former direct financial or professional connection with a
25.32regulated person may not vote in board actions relating to the regulated person.
25.33Â Â Â Â Sec. 3.
new text begin [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE new text end
25.34
new text begin GUIDANCE.new text end
26.1
new text begin A health-related licensing board may offer guidance to current licensees about the new text end
26.2
new text begin application of laws and rules the board is empowered to enforce. This guidance shall not new text end
26.3
new text begin bind any court or other adjudicatory body.new text end
26.4Â Â Â Â Sec. 4.
new text begin [214.109] RECORD KEEPING.new text end
26.5
new text begin (a) A board may take administrative action against a regulated person whose records new text end
26.6
new text begin do not meet the standards of professional practice. Action taken under this paragraph new text end
26.7
new text begin shall not be considered disciplinary action.new text end
26.8
new text begin (b) Records that are fraudulent or could result in patient harm may be handled new text end
26.9
new text begin through disciplinary or other corrective action.new text end
26.10
ARTICLE 5
26.11
APPROPRIATIONS
26.12
new text begin APPROPRIATIONSnew text end
26.13
new text begin Available for the Yearnew text end
26.14
new text begin Ending June 30new text end
26.15
new text begin 2012new text end
new text begin 2013new text end
26.16
26.17
Section 1. new text begin LEGISLATIVE COORDINATING new text end
new text begin COMMISSIONnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 106,000new text end
26.18
new text begin This appropriation is from the general new text end
26.19
new text begin fund for staff services or professional new text end
26.20
new text begin contract services for the Sunset Advisory new text end
26.21
new text begin Commission.new text end
26.22
new text begin The general fund base as established in new text end
26.23
new text begin Laws 2011, First Special Session chapter 10, new text end
26.24
new text begin article 1, section 2, is increased by $139,000 new text end
26.25
new text begin beginning in fiscal year 2014.new text end
26.26
26.27
Sec. 2. new text begin BOARD OF BEHAVIORAL HEALTH new text end
new text begin AND THERAPYnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 14,000new text end
26.28
new text begin This appropriation is from the state new text end
26.29
new text begin government special revenue fund. new text end
26.30
new text begin $12,000 is to develop and maintain a new text end
26.31
new text begin process to post required information about new text end
26.32
new text begin convictions, malpractice, and disciplinary or new text end
27.1
new text begin corrective action for the board's members. new text end
27.2
new text begin This is a onetime appropriation.new text end
27.3
new text begin $1,000 is for database and Web site changes new text end
27.4
new text begin to include business addresses. This is a new text end
27.5
new text begin onetime appropriation.new text end
27.6
new text begin $1,000 is for notification requirements new text end
27.7
new text begin regarding the status of complaints.new text end
27.8
new text begin The state government special revenue fund new text end
27.9
new text begin base for ongoing activities in this act is new text end
27.10
new text begin $1,000 in fiscal years 2014 and 2015.new text end
27.11
27.12
Sec. 3. new text begin BOARD OF CHIROPRACTIC new text end
new text begin EXAMINERSnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 14,000new text end
27.13
new text begin This appropriation is from the state new text end
27.14
new text begin government special revenue fund. new text end
27.15
new text begin $12,000 is to develop and maintain a new text end
27.16
new text begin process to post required information about new text end
27.17
new text begin convictions, malpractice, and disciplinary or new text end
27.18
new text begin corrective action for the board's members. new text end
27.19
new text begin This is a onetime appropriation.new text end
27.20
new text begin $1,000 is for database and Web site changes new text end
27.21
new text begin to include business addresses. This is a new text end
27.22
new text begin onetime appropriation.new text end
27.23
new text begin $1,000 is for notification requirements new text end
27.24
new text begin regarding the status of complaints.new text end
27.25
new text begin The state government special revenue fund new text end
27.26
new text begin base for ongoing activities in this act is new text end
27.27
new text begin $1,000 in fiscal years 2014 and 2015.new text end
27.28
Sec. 4. new text begin BOARD OF DENTISTRYnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 32,000new text end
27.29
new text begin This appropriation is from the state new text end
27.30
new text begin government special revenue fund. new text end
27.31
new text begin $30,000 is to develop and maintain a new text end
27.32
new text begin process to post required information about new text end
28.1
new text begin convictions, malpractice, and disciplinary or new text end
28.2
new text begin corrective action for the board's members. new text end
28.3
new text begin This is a onetime appropriation.new text end
28.4
new text begin $1,000 is for database and Web site changes new text end
28.5
new text begin to include business addresses. This is a new text end
28.6
new text begin onetime appropriation.new text end
28.7
new text begin $1,000 is for notification requirements new text end
28.8
new text begin regarding the status of complaints.new text end
28.9
new text begin The state government special revenue fund new text end
28.10
new text begin base for ongoing activities in this act is new text end
28.11
new text begin $1,000 in fiscal years 2014 and 2015.new text end
28.12
28.13
Sec. 5. new text begin BOARD OF DIETETICS AND new text end
new text begin NUTRITION PRACTICEnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 10,000new text end
28.14
new text begin This appropriation is from the state new text end
28.15
new text begin government special revenue fund. new text end
28.16
new text begin $8,000 is to develop and maintain a process to new text end
28.17
new text begin post required information about convictions, new text end
28.18
new text begin malpractice, and disciplinary or corrective new text end
28.19
new text begin action for the board's members. This is a new text end
28.20
new text begin onetime appropriation.new text end
28.21
new text begin $1,000 is for database and Web site changes new text end
28.22
new text begin to include business addresses. This is a new text end
28.23
new text begin onetime appropriation.new text end
28.24
new text begin $1,000 is for notification requirements new text end
28.25
new text begin regarding the status of complaints.new text end
28.26
new text begin The state government special revenue fund new text end
28.27
new text begin base for ongoing activities in this act is new text end
28.28
new text begin $1,000 in fiscal years 2014 and 2015.new text end
28.29
28.30
Sec. 6. new text begin BOARD OF MARRIAGE AND new text end
new text begin FAMILY THERAPYnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 10,000new text end
28.31
new text begin This appropriation is from the state new text end
28.32
new text begin government special revenue fund. new text end
29.1
new text begin $8,000 is to develop and maintain a process to new text end
29.2
new text begin post required information about convictions, new text end
29.3
new text begin malpractice, and disciplinary or corrective new text end
29.4
new text begin action for the board's members. This is a new text end
29.5
new text begin onetime appropriation.new text end
29.6
new text begin $1,000 is for database and Web site changes new text end
29.7
new text begin to include business addresses. This is a new text end
29.8
new text begin onetime appropriation.new text end
29.9
new text begin $1,000 is for notification requirements new text end
29.10
new text begin regarding the status of complaints.new text end
29.11
new text begin The state government special revenue fund new text end
29.12
new text begin base for ongoing activities in this act is new text end
29.13
new text begin $1,000 in fiscal years 2014 and 2015.new text end
29.14
Sec. 7. new text begin BOARD OF MEDICAL PRACTICEnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 198,000new text end
29.15
new text begin This appropriation is from the state new text end
29.16
new text begin government special revenue fund.new text end
29.17
new text begin $112,000 is for transfer to the commissioner new text end
29.18
new text begin of health to convene and support the working new text end
29.19
new text begin group evaluating the state's Medical Practice new text end
29.20
new text begin Act. This is a onetime appropriation.new text end
29.21
new text begin $9,000 is for board expenses related to new text end
29.22
new text begin the working group evaluating the Medical new text end
29.23
new text begin Practice Act. This is a onetime appropriation.new text end
29.24
new text begin $30,000 is to develop and maintain a new text end
29.25
new text begin process to post required information about new text end
29.26
new text begin convictions, malpractice, and disciplinary or new text end
29.27
new text begin corrective action for the board's members. new text end
29.28
new text begin This is a onetime appropriation.new text end
29.29
new text begin $1,000 is for database and Web site changes new text end
29.30
new text begin to include business addresses. This is a new text end
29.31
new text begin onetime appropriation.new text end
30.1
new text begin $1,000 is for notification requirements new text end
30.2
new text begin regarding the status of complaints.new text end
30.3
new text begin $45,000 is for transfer to the Office of new text end
30.4
new text begin the Legislative Auditor to conduct an new text end
30.5
new text begin investigation of the Board of Medical new text end
30.6
new text begin Practice.new text end
30.7
new text begin The state government special revenue fund new text end
30.8
new text begin base for ongoing activities in this act is new text end
30.9
new text begin $1,000 in fiscal years 2014 and 2015.new text end
30.10
Sec. 8. new text begin BOARD OF NURSINGnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 123,000new text end
30.11
new text begin This appropriation is from the state new text end
30.12
new text begin government special revenue fund.new text end
30.13
new text begin $30,000 is to develop and maintain a new text end
30.14
new text begin process to post required information about new text end
30.15
new text begin convictions, malpractice, and disciplinary or new text end
30.16
new text begin corrective action for the board's members. new text end
30.17
new text begin This is a onetime appropriation.new text end
30.18
new text begin $1,000 is for database and Web site changes new text end
30.19
new text begin to include business addresses. This is a new text end
30.20
new text begin onetime appropriation.new text end
30.21
new text begin $92,000 is for notification requirements new text end
30.22
new text begin regarding the status of complaints.new text end
30.23
new text begin The state government special revenue fund new text end
30.24
new text begin base for ongoing activities in this act is new text end
30.25
new text begin $92,000 in fiscal years 2014 and 2015.new text end
30.26
30.27
Sec. 9. new text begin BOARD OF NURSING HOME new text end
new text begin ADMINISTRATORSnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 100,000new text end
30.28
new text begin This appropriation is from the state new text end
30.29
new text begin government special revenue fund.new text end
30.30
new text begin $50,000 is for the administrative services new text end
30.31
new text begin unit for a study to make recommendations new text end
30.32
new text begin for establishing uniform criminal history new text end
31.1
new text begin background check requirements for new text end
31.2
new text begin individuals regulated by the health-related new text end
31.3
new text begin boards. This is a onetime appropriation.new text end
31.4
new text begin $15,000 is for the administrative services new text end
31.5
new text begin unit to study and submit proposed legislation new text end
31.6
new text begin to require institutions, professional societies, new text end
31.7
new text begin licensed professionals, insurers and other new text end
31.8
new text begin entities, and courts to report conduct new text end
31.9
new text begin constituting grounds for disciplinary action new text end
31.10
new text begin to the respective regulatory entity. This is a new text end
31.11
new text begin onetime appropriation.new text end
31.12
new text begin $15,000 is for the administrative services new text end
31.13
new text begin unit to review and submit to the legislature new text end
31.14
new text begin recommendations on the respective roles of new text end
31.15
new text begin the health-related boards and the attorney new text end
31.16
new text begin general in conducting investigations of new text end
31.17
new text begin licensees of the health-related boards. This is new text end
31.18
new text begin a onetime appropriation.new text end
31.19
new text begin $10,000 is for the administrative services new text end
31.20
new text begin unit to evaluate the use of its services by new text end
31.21
new text begin the health-related boards. This is a onetime new text end
31.22
new text begin appropriation.new text end
31.23
new text begin $8,000 is to develop and maintain a process to new text end
31.24
new text begin post required information about convictions, new text end
31.25
new text begin malpractice, and disciplinary or corrective new text end
31.26
new text begin action for the board's members. This is a new text end
31.27
new text begin onetime appropriation.new text end
31.28
new text begin $1,000 is for database and Web site changes new text end
31.29
new text begin to include business addresses. This is a new text end
31.30
new text begin onetime appropriation.new text end
31.31
new text begin $1,000 is for notification requirements new text end
31.32
new text begin regarding the status of complaints.new text end
32.1
new text begin The state government special revenue fund new text end
32.2
new text begin base for ongoing activities in this act is new text end
32.3
new text begin $1,000 in fiscal years 2014 and 2015.new text end
32.4
Sec. 10. new text begin BOARD OF OPTOMETRYnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 10,000new text end
32.5
new text begin This appropriation is from the state new text end
32.6
new text begin government special revenue fund.new text end
32.7
new text begin $8,000 is to develop and maintain a process to new text end
32.8
new text begin post required information about convictions, new text end
32.9
new text begin malpractice, and disciplinary or corrective new text end
32.10
new text begin action for the board's members. This is a new text end
32.11
new text begin onetime appropriation.new text end
32.12
new text begin $1,000 is for database and Web site changes new text end
32.13
new text begin to include business addresses. This is a new text end
32.14
new text begin onetime appropriation.new text end
32.15
new text begin $1,000 is for notification requirements new text end
32.16
new text begin regarding the status of complaints.new text end
32.17
new text begin The state government special revenue fund new text end
32.18
new text begin base for ongoing activities in this act is new text end
32.19
new text begin $1,000 in fiscal years 2014 and 2015.new text end
32.20
Sec. 11. new text begin BOARD OF PHARMACYnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 32,000new text end
32.21
new text begin $30,000 is to develop and maintain a new text end
32.22
new text begin process to post required information about new text end
32.23
new text begin convictions, malpractice, and disciplinary or new text end
32.24
new text begin corrective action for the board's members. new text end
32.25
new text begin This is a onetime appropriation.new text end
32.26
new text begin $1,000 is for database and Web site changes new text end
32.27
new text begin to include business addresses. This is a new text end
32.28
new text begin onetime appropriation.new text end
32.29
new text begin $1,000 is for notification requirements new text end
32.30
new text begin regarding the status of complaints.new text end
33.1
new text begin The state government special revenue fund new text end
33.2
new text begin base for ongoing activities in this act is new text end
33.3
new text begin $1,000 in fiscal years 2014 and 2015.new text end
33.4
Sec. 12. new text begin BOARD OF PHYSICAL THERAPYnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 10,000new text end
33.5
new text begin This appropriation is from the state new text end
33.6
new text begin government special revenue fund. new text end
33.7
new text begin $8,000 is to develop and maintain a process to new text end
33.8
new text begin post required information about convictions, new text end
33.9
new text begin malpractice, and disciplinary or corrective new text end
33.10
new text begin action for the board's members. This is a new text end
33.11
new text begin onetime appropriation.new text end
33.12
new text begin $1,000 is for database and Web site changes new text end
33.13
new text begin to include business addresses. This is a new text end
33.14
new text begin onetime appropriation.new text end
33.15
new text begin $1,000 is for notification requirements new text end
33.16
new text begin regarding the status of complaints.new text end
33.17
new text begin The state government special revenue fund new text end
33.18
new text begin base for ongoing activities in this act is new text end
33.19
new text begin $1,000 in fiscal years 2014 and 2015.new text end
33.20
Sec. 13. new text begin BOARD OF PODIATRIC MEDICINEnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 10,000new text end
33.21
new text begin This appropriation is from the state new text end
33.22
new text begin government special revenue fund. new text end
33.23
new text begin $8,000 is to develop and maintain a process to new text end
33.24
new text begin post required information about convictions, new text end
33.25
new text begin malpractice, and disciplinary or corrective new text end
33.26
new text begin action for the board's members. This is a new text end
33.27
new text begin onetime appropriation.new text end
33.28
new text begin $1,000 is for database and Web site changes new text end
33.29
new text begin to include business addresses. This is a new text end
33.30
new text begin onetime appropriation.new text end
33.31
new text begin $1,000 is for notification requirements new text end
33.32
new text begin regarding the status of complaints.new text end
34.1
new text begin The state government special revenue fund new text end
34.2
new text begin base for ongoing activities in this act is new text end
34.3
new text begin $1,000 in fiscal years 2014 and 2015.new text end
34.4
Sec. 14. new text begin BOARD OF PSYCHOLOGYnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 29,000new text end
34.5
new text begin $27,000 is to develop and maintain a new text end
34.6
new text begin process to post required information about new text end
34.7
new text begin convictions, malpractice, and disciplinary or new text end
34.8
new text begin corrective action for the board's members. new text end
34.9
new text begin This is a onetime appropriation.new text end
34.10
new text begin $1,000 is for database and Web site changes new text end
34.11
new text begin to include business addresses. This is a new text end
34.12
new text begin onetime appropriation.new text end
34.13
new text begin $1,000 is for notification requirements new text end
34.14
new text begin regarding the status of complaints.new text end
34.15
new text begin The state government special revenue fund new text end
34.16
new text begin base for ongoing activities in this act is new text end
34.17
new text begin $1,000 in fiscal years 2014 and 2015.new text end
34.18
Sec. 15. new text begin BOARD OF SOCIAL WORKnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 14,000new text end
34.19
new text begin This appropriation is from the state new text end
34.20
new text begin government special revenue fund.new text end
34.21
new text begin $12,000 is to develop and maintain a new text end
34.22
new text begin process to post required information about new text end
34.23
new text begin convictions, malpractice, and disciplinary or new text end
34.24
new text begin corrective action for the board's members. new text end
34.25
new text begin This is a onetime appropriation.new text end
34.26
new text begin $1,000 is for database and Web site changes new text end
34.27
new text begin to include business addresses. This is a new text end
34.28
new text begin onetime appropriation.new text end
34.29
new text begin $1,000 is for notification requirements new text end
34.30
new text begin regarding the status of complaints.new text end
35.1
new text begin The state government special revenue fund new text end
35.2
new text begin base for ongoing activities in this act is new text end
35.3
new text begin $1,000 in fiscal years 2014 and 2015.new text end
35.4
35.5
Sec. 16. new text begin BOARD OF VETERINARY new text end
new text begin MEDICINEnew text end
new text begin $new text end
new text begin -0-new text end
new text begin $new text end
new text begin 10,000new text end
35.6
new text begin This appropriation is from the state new text end
35.7
new text begin government special revenue fund.new text end
35.8
new text begin $8,000 is to develop and maintain a process to new text end
35.9
new text begin post required information about convictions, new text end
35.10
new text begin malpractice, and disciplinary or corrective new text end
35.11
new text begin action for the board's members. This is a new text end
35.12
new text begin onetime appropriation.new text end
35.13
new text begin $1,000 is for database and Web site changes new text end
35.14
new text begin to include business addresses. This is a new text end
35.15
new text begin onetime appropriation.new text end
35.16
new text begin $1,000 is for notification requirements new text end
35.17
new text begin regarding the status of complaints.new text end
35.18
new text begin The state government special revenue fund new text end
35.19
new text begin base for ongoing activities in this act is new text end
35.20
new text begin $1,000 in fiscal years 2014 and 2015.new text end "
35.21Delete the title and insert:
35.22"A bill for an act
35.23relating to state government; implementing changes to the sunset review
35.24process and permitting the Sunset Advisory Commission to enter into contracts;
35.25requiring a review of the Emergency Medical Services Regulatory Board,
35.26Council on Affairs of Chicano/Latino People, Council on Black Minnesotans,
35.27Council on Asian-Pacific Minnesotans, Indian Affairs Council, and the Council
35.28on Disabilities in 2014; requiring a financial audit of the Council on Black
35.29Minnesotans; requiring a review of the sunset process in 2018; changing
35.30certain agency requirements; requiring posting of convictions of felonies, gross
35.31misdemeanors, malpractice judgements, and disciplinary or corrective actions for
35.32a regulated practitioner; requiring a study to establish uniform criminal history
35.33background checks for regulated practitioners; requiring a report on conduct
35.34constituting grounds for discipline and penalties for failure to report; establishing
35.35a work group to evaluate the effectiveness of the Medical Practice Act for certain
35.36circumstances; requiring certain other reports; requesting a legislative audit of
35.37the Board of Medical Practice; abolishing the Combative Sports Commission and
35.38transferring combative sports duties to the commissioner of labor and industry;
35.39establishing a Combative Sports Advisory Council; changing provisions for
35.40health-related licensing boards; appropriating money;amending Minnesota
35.41Statutes 2010, sections 3.922, by adding a subdivision; 3.9223, subdivision 7;
35.423.9225, subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by
36.1adding a subdivision; 148.102, by adding a subdivision; 148.261, subdivision 1;
36.2148.263, by adding a subdivision; 148.5194, subdivision 5; 148.6445, subdivision
36.310; 148B.07, by adding a subdivision; 148C.095, by adding a subdivision;
36.4148E.285, by adding a subdivision; 150A.13, by adding a subdivision; 153.24,
36.5by adding a subdivision; 153A.17; 214.06, subdivisions 1, 1a, by adding a
36.6subdivision; 214.09, by adding a subdivision; 214.103; 341.21, by adding a
36.7subdivision; 341.23; 341.27; 341.271; 341.28, subdivision 1; 341.37; Minnesota
36.8Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21, subdivisions 2, 4;
36.9proposing coding for new law in Minnesota Statutes, chapters 3D; 16B; 214;
36.10341; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03;
36.11138A.04; 138A.05; 138A.06; 341.21, subdivisions 3, 4a; 341.22; 341.24; 341.26;
36.12Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1."
37.1
We request the adoption of this report and repassage of the bill.
37.2
House Conferees:
37.3
.....
.....
37.4
Mary Kiffmeyer
Joyce Peppin
37.5
.....
37.6
Michael V. Nelson
37.7
Senate Conferees:
37.8
.....
.....
37.9
Terri E. Bonoff
Theodore J. "Ted" Daley
37.10
.....
37.11
Mike Parry
