HF 663

as introduced - 87th Legislature (2011 - 2012) Posted on 02/24/2011 10:06am

1.1A resolution
1.2memorializing certain federal agencies concerning Minnesota-licensed health care
1.3professionals and their involvement in torture or cruel, inhuman, or degrading
1.4treatment or punishment of prisoners.
1.5WHEREAS, "torture" is defined by the Convention against Torture and Other Cruel,
1.6Inhuman or Degrading Treatment or Punishment (CAT) as "any act by which severe pain or
1.7suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as
1.8obtaining from him or a third person information or a confession, punishing him for an act he or
1.9a third person has committed or is suspected of having committed, or intimidating or coercing
1.10him or a third person, or for any reason based on discrimination of any kind, when such pain or
1.11suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public
1.12official or other person acting in an official capacity. It does not include pain or suffering arising
1.13only from, inherent in or incidental to lawful sanctions"; and
1.14WHEREAS, "cruel, inhuman or degrading treatment or punishment" is defined by the
1.15United Nations' Body of Principles for the Protection of All Persons under Any Form of Detention
1.16or Imprisonment as extending "the widest possible protection against abuses, whether physical or
1.17mental, including the holding of a detained or imprisoned person in conditions which deprive
1.18him, temporarily or permanently, of the use of any of this natural senses, such as sight or hearing,
1.19or of this awareness of place and the passing of time"; and
1.20WHEREAS, health-related licensing boards include the Office of Unlicensed
1.21Complementary and Alternative Health Care Practice established pursuant to Minnesota Statutes,
1.22section 146A.02, the Board of Medical Practice established pursuant to Minnesota Statutes,
1.23section 147.01, the Board of Nursing established pursuant to Minnesota Statutes, section 148.181,
1.24the Board of Chiropractic Examiners established pursuant to Minnesota Statutes, section 148.02,
2.1the Board of Optometry established pursuant to Minnesota Statutes, section 148.52, the Board
2.2of Physical Therapy established pursuant to Minnesota Statutes, section 148.67, the Board of
2.3Psychology established pursuant to Minnesota Statutes, section 148.90, the Office of Mental
2.4Health Practice established pursuant to Minnesota Statutes, section 148B.61, the Board of
2.5Behavioral Health and Therapy established pursuant to Minnesota Statutes, section 148B.51, the
2.6Board of Dietetics and Nutrition Practice established pursuant to Minnesota Statutes, section
2.7148.622, the Board of Dentistry established pursuant to Minnesota Statutes, section 150A.02, the
2.8Board of Pharmacy established pursuant to Minnesota Statutes, section 151.02, and the Board of
2.9Podiatric Medicine established pursuant to Minnesota Statutes, section 153.02; and
2.10WHEREAS, health professionals licensed in Minnesota, including, but not limited to,
2.11physicians, osteopaths, naturopaths, psychologists, psychiatric workers, and nurses, have served
2.12and continue to serve nobly and honorably in the armed services of the United States; and
2.13WHEREAS, the legislature is mindful that Minnesota health-related licensing boards
2.14are vested with the authority to revoke and suspend the licenses of Minnesota health care
2.15professionals; and
2.16WHEREAS, Minnesota requires these health-related licensing boards to take disciplinary
2.17action. The grounds for disciplinary action for causing harm to the public are listed in the
2.18following nonexhaustive list of sections of Minnesota Statutes: Minnesota Statutes, section
2.19148.10, subdivision 1, paragraph (e) (chiropractors); Minnesota Statutes, section 148.261,
2.20subdivision 1, clause (6) (nurses); Minnesota Statutes, section 147.091, subdivision 1,
2.21paragraph (g) (medical doctors); Minnesota Statutes, section 148.941, subdivision 2, clause
2.22(3) (psychologists); Minnesota Statutes, section 147A.13, subdivision 1, clause (7) (physician
2.23assistants); Minnesota Statutes, section 148.5195, subdivision 3, clause (11) (audiologists/speech
2.24pathologists); Minnesota Statutes, section 148.57 (optometrists); Minnesota Statutes, section
2.25147C.30 and 147.091, subdivision 1, paragraph (g) (respiratory therapists); Minnesota Statutes,
2.26section 146A.08, subdivision 1, paragraph (f) (unlicensed contemporary and alternative healthcare
2.27professionals); Minnesota Statutes, section 148.75, paragraph (a), clause (6) (physical therapists);
2.28Minnesota Statutes, section 148B.59, paragraph (a), clause (3) (behavioral health and therapy
2.29professionals); Minnesota Statutes, section 148.629, subdivision 1, clause (1) (dietitians and
2.30nutritionists); Minnesota Statutes, section 150A.08, subdivision 1, clause (6) (dentists); and
2.31Minnesota Statutes, section 153.19, subdivision 1, clause (7) (podiatrists); and
2.32WHEREAS, the legislature is mindful that despite limits on Minnesota's jurisdiction
2.33relating to health professionals' conduct while working for federal agencies and departments
2.34outside of the state, those same agencies require a state license as a condition of practice and
3.1therefore implicitly expect ongoing state review of the credentials and professionalism of such
3.2health care professionals; and
3.3WHEREAS, the United States is a party to the United Nations Convention against Torture
3.4and Other Cruel, Inhuman or Degrading Treatment or Punishment, Common Article III of the
3.5Geneva Conventions and has enacted federal laws in support of these conventions such as United
3.6States Code, title 18, sections 2340 and 2441; and
3.7WHEREAS, the United States has supported the Universal Declaration of Human Rights
3.8and the United Nations International Covenant on Civil and Political Rights, both of which
3.9condemn torture or cruel, inhuman, or degrading treatment or punishment; and
3.10WHEREAS, the World Medical Association, the American Medical Association, the
3.11American Psychiatric Association, the American Psychological Association, and the American
3.12Nurses Association have all endorsed standards of professional conduct asserting that health
3.13professionals may not countenance the torture or inhuman treatment or punishment of prisoners;
3.14and
3.15WHEREAS, the Legislature of the State of Minnesota finds that abetting torture or cruel,
3.16inhuman, or degrading treatment or punishment of prisoners violates the ethical and legal
3.17obligations of licensed health care professionals; NOW, THEREFORE,
3.18BE IT RESOLVED by the Legislature of the State of Minnesota that Minnesota-licensed
3.19health professionals may not countenance, condone, or participate in the practice of torture or
3.20other forms of cruel, inhuman, or degrading treatment or punishment, shall not provide any
3.21premises, instruments, substances, or knowledge to facilitate the practice of torture or other forms
3.22of cruel, inhuman, or degrading treatment or punishment, or shall not be present or standing
3.23by during any procedure during which torture or other forms of cruel, inhuman, or degrading
3.24treatment or punishment are used or threatened.
3.25BE IT FURTHER RESOLVED that the Legislature hereby requests all relevant Minnesota
3.26agencies under Minnesota Statutes, chapter 214, to notify Minnesota-licensed health professionals
3.27via newsletter, e-mail, Web site, or existing notification processes about their professional
3.28obligations under international law, specifically Common Article III of the Geneva Conventions,
3.29the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
3.30and the amended War Crimes Act, which prohibit the torture of, and the cruel, inhuman, and
3.31degrading treatment or punishment of, detainees in United States custody.
3.32BE IT FURTHER RESOLVED that the Legislature hereby requests all relevant Minnesota
3.33health-related licensing boards to notify health professionals licensed in Minnesota that those who
4.1participate in torture or cruel, inhuman, or degrading treatment or punishment may be in violation
4.2of professional standards, United States law, and international law.
4.3BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
4.4directed to prepare copies of this memorial and transmit them to the United States Department of
4.5Defense, the Central Intelligence Agency, and all relevant Minnesota agencies under Minnesota
4.6Statutes, chapter 214, including the Board of Examiners of Nursing Home Administrators
4.7established pursuant to Minnesota Statutes, section 144A.19, the Office of Unlicensed
4.8Complementary and Alternative Health Care Practice established pursuant to Minnesota Statutes,
4.9section 146A.02, the Board of Medical Practice established pursuant to Minnesota Statutes,
4.10section 147.01, the Board of Nursing established pursuant to Minnesota Statutes, section 148.181,
4.11the Board of Chiropractic Examiners established pursuant to Minnesota Statutes, section 148.02,
4.12the Board of Optometry established pursuant to Minnesota Statutes, section 148.52, the Board
4.13of Physical Therapy established pursuant to Minnesota Statutes, section 148.67, the Board of
4.14Psychology established pursuant to Minnesota Statutes, section 148.90, the Board of Social Work
4.15established pursuant to Minnesota Statutes, section 148D.025, the Board of Marriage and Family
4.16Therapy established pursuant to Minnesota Statutes, section 148B.30, the Office of Mental Health
4.17Practice established pursuant to Minnesota Statutes, section 148B.61, the Board of Behavioral
4.18Health and Therapy established pursuant to Minnesota Statutes, section 148B.51, the Board of
4.19Dietetics and Nutrition Practice established pursuant to Minnesota Statutes, section 148.622, the
4.20Board of Dentistry established pursuant to Minnesota Statutes, section 150A.02, the Board of
4.21Pharmacy established pursuant to Minnesota Statutes, section 151.02, and the Board of Podiatric
4.22Medicine established pursuant to Minnesota Statutes, section 153.02.