HF 1604

1st Unofficial Engrossment - 88th Legislature (2013 - 2014)

Posted on 03/20/2014 11:59 a.m.

1.1A bill for an act 1.2relating to health; requiring reporting of diverted narcotics or controlled 1.3substances;amending Minnesota Statutes 2012, section 214.33, by adding a 1.4subdivision. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2012, section 214.33, is amended by adding a 1.7subdivision to read: 1.8     new text begin Subd. 5. new text end new text begin Employer mandatory reporting. new text end new text begin (a) An employer of a person regulated new text end 1.9 new text begin by a health-related licensing board, and a health care institution or other organization new text end 1.10 new text begin where the regulated person is engaged in providing services, must report to the appropriate new text end 1.11 new text begin licensing board that a regulated person has diverted narcotics or other controlled new text end 1.12 new text begin substances in violation of state or federal narcotics or controlled substance law if: new text end 1.13 new text begin (1) the employer, health care institution, or organization making the report has new text end 1.14 new text begin knowledge of the diversion; and new text end 1.15 new text begin (2) the regulated person has diverted narcotics or other controlled substances new text end 1.16 new text begin from the reporting employer, health care institution, or organization, or at the reporting new text end 1.17 new text begin institution or organization. new text end 1.18 new text begin (b) The requirement to report under this subdivision does not apply if: new text end 1.19 new text begin (1) the regulated person is self-employed; new text end 1.20 new text begin (2) the knowledge was obtained in the course of a professional-patient relationship new text end 1.21 new text begin and the patient is regulated by the health-related licensing board; or new text end 1.22 new text begin (3) knowledge of the diversion first becomes known to the employer, health care new text end 1.23 new text begin institution, or other organization, either from (i) an individual who is serving as a work new text end 1.24 new text begin site monitor approved by the health professional services program for the regulated new text end 2.1 new text begin person who has self-reported to the health professional services program, and who new text end 2.2 new text begin has returned to work pursuant to a health professional services program participation new text end 2.3 new text begin agreement and monitoring plan; or (ii) the regulated person who has self-reported to the new text end 2.4 new text begin health professional services program and who has returned to work pursuant to the health new text end 2.5 new text begin professional services program participation agreement and monitoring plan. new text end 2.6 new text begin (c) Complying with subdivision 1 does not waive the requirement to report under new text end 2.7 new text begin this subdivision. new text end