HF 1044

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to professions; providing clarification of 
  1.3             costs and penalties that may be collected in 
  1.4             disciplinary proceedings by the boards of nursing home 
  1.5             administrators, optometry, chiropractic examiners, 
  1.6             physical therapy, dentistry, podiatric medicine, 
  1.7             pharmacy, and veterinary medicine; providing for civil 
  1.8             penalties; amending Minnesota Statutes 2002, sections 
  1.9             148.10, subdivision 3; 148.603; 150A.08, subdivision 
  1.10            3, by adding a subdivision; 151.06, by adding a 
  1.11            subdivision; 153.22, subdivisions 1, 5; 156.127, 
  1.12            subdivisions 1, 3; proposing coding for new law in 
  1.13            Minnesota Statutes, chapters 144A; 148. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15                    NURSING HOME ADMINISTRATION
  1.16     Section 1.  [144A.2511] [COSTS; PENALTIES.] 
  1.17     If the board of examiners has initiated proceedings under 
  1.18  section 144A.24 or 144A.251 or chapter 214, it may do one or 
  1.19  more of the following: 
  1.20     (1) impose a fee to reimburse the board for all or part of 
  1.21  the cost of the proceedings resulting in disciplinary action 
  1.22  including, but not limited to, fees paid for services provided 
  1.23  by the office of administrative hearings, legal and 
  1.24  investigational services provided by the office of the attorney 
  1.25  general, court reporter services, witnesses, reproduction of 
  1.26  records, board members' per diem compensation, board staff time, 
  1.27  and expenses incurred by board members and staff; or 
  1.28     (2) impose a civil penalty not exceeding $10,000 for each 
  1.29  separate violation, the amount of the civil penalty to be fixed 
  2.1   so as to deprive the nursing home administrator of any economic 
  2.2   advantage gained by reason of the violation charged or to 
  2.3   discourage similar violations. 
  2.4                             CHIROPRACTIC
  2.5      Sec. 2.  Minnesota Statutes 2002, section 148.10, 
  2.6   subdivision 3, is amended to read: 
  2.7      Subd. 3.  [REPRIMAND; PENALTIES; PROBATION.] In addition to 
  2.8   the other powers granted to the board under this chapter, the 
  2.9   board may, in connection with any person whom the board, after a 
  2.10  hearing, adjudges unqualified or whom the board, after a 
  2.11  hearing, finds to have performed one or more of the acts 
  2.12  described in subdivision 1: 
  2.13     (1) publicly reprimand or censure the person; 
  2.14     (2) place the person on probation for the period and upon 
  2.15  the terms and conditions that the board may prescribe; and 
  2.16     (3) require payment of all costs of proceedings resulting 
  2.17  in the disciplinary action; and 
  2.18     (4) impose a civil penalty not exceeding $10,000 for each 
  2.19  separate violation, the amount of the civil penalty to be fixed 
  2.20  so as to deprive the doctor of chiropractic of any economic 
  2.21  advantage gained by reason of the violation charged or, to 
  2.22  reimburse the board for the cost of the investigation and 
  2.23  proceeding, or to discourage similar violations.  For purposes 
  2.24  of this section, the cost of the investigation and proceeding 
  2.25  may include, but is not limited to, fees paid for services 
  2.26  provided by the office of administrative hearings, legal and 
  2.27  investigative services provided by the office of the attorney 
  2.28  general, court reporters, witnesses, reproduction of records, 
  2.29  board members' per diem compensation, board staff time, and 
  2.30  travel costs and expenses incurred by board staff and board 
  2.31  members. 
  2.32                             OPTOMETRY
  2.33     Sec. 3.  Minnesota Statutes 2002, section 148.603, is 
  2.34  amended to read: 
  2.35     148.603 [FORMS OF DISCIPLINARY ACTIONS.] 
  2.36     When grounds exist under section 148.57, subdivision 3, or 
  3.1   other statute or rule which the board is authorized to enforce, 
  3.2   the board may take one or more of the following disciplinary 
  3.3   actions, provided that disciplinary or corrective action may not 
  3.4   be imposed by the board on any regulated person except after a 
  3.5   contested case hearing conducted pursuant to chapter 14 or by 
  3.6   consent of the parties: 
  3.7      (1) deny an application for a credential; 
  3.8      (2) revoke the regulated person's credential; 
  3.9      (3) suspend the regulated person's credential; 
  3.10     (4) impose limitations on the regulated person's 
  3.11  credential; 
  3.12     (5) impose conditions on the regulated person's credential; 
  3.13     (6) censure or reprimand the regulated person; 
  3.14     (7) require the regulated person to pay all or part of the 
  3.15  costs and disbursements of proceedings, including, but not 
  3.16  limited to, fees paid for services provided by the office of 
  3.17  administrative hearings, legal and investigative services 
  3.18  provided by the office of the attorney general, court reporter 
  3.19  services, witnesses, reproduction of records, board members' per 
  3.20  diem compensation, board staff time, and board and staff 
  3.21  expenses resulting in the suspension or revocation of license or 
  3.22  registration and reinstatement or new license and the fee for 
  3.23  reinstatement established by the board; 
  3.24     (8) impose a civil penalty not exceeding $10,000 for each 
  3.25  separate violation, the amount of the civil penalty to be fixed 
  3.26  so as to deprive the person of any economic advantage gained by 
  3.27  reason of the violation or to discourage repeated similar 
  3.28  violations or to reimburse the board for the cost of 
  3.29  investigation and proceeding; or 
  3.30     (8) (9) when grounds exist under section 148.57, 
  3.31  subdivision 3, or a board rule, enter into an agreement with the 
  3.32  regulated person for corrective action which may include 
  3.33  requiring the regulated person: 
  3.34     (i) to complete an educational course or activity; 
  3.35     (ii) to submit to the executive director or designated 
  3.36  board member a written protocol or reports designed to prevent 
  4.1   future violations of the same kind; 
  4.2      (iii) to meet with a board member or board designee to 
  4.3   discuss prevention of future violations of the same kind; 
  4.4      (iv) to reimburse the board for its legal and investigative 
  4.5   costs; or 
  4.6      (v) to perform other action justified by the facts. 
  4.7      Listing the measures in clause (8) (9) does not preclude 
  4.8   the board from including them in an order for disciplinary 
  4.9   action. 
  4.10                          PHYSICAL THERAPY
  4.11     Sec. 4.  [148.775] [FORMS OF DISCIPLINARY ACTION.] 
  4.12     If the board finds that a licensed physical therapist has 
  4.13  violated a provision or provisions of section 148.75 or 148.76, 
  4.14  it may do one or more of the following: 
  4.15     (1) deny the application for the license; 
  4.16     (2) deny the renewal of the license; 
  4.17     (3) revoke the license; 
  4.18     (4) suspend the license; 
  4.19     (5) impose limitations or conditions on the physical 
  4.20  therapist's practice of physical therapy, including the 
  4.21  limitation of scope of practice to designated field specialties; 
  4.22  the imposition of retraining or rehabilitation requirements; the 
  4.23  requirement of practice under supervision; or the conditioning 
  4.24  of continued practice on demonstration of knowledge or skills by 
  4.25  appropriate examination, monitoring, or other review of skill 
  4.26  and competence; 
  4.27     (6) impose a civil penalty not exceeding $10,000 for each 
  4.28  separate violation, the amount of the civil penalty to be fixed 
  4.29  so as to deprive the physical therapist of any economic 
  4.30  advantage gained by reason of the violation charged or to 
  4.31  discourage similar violations; 
  4.32     (7) impose a fee to reimburse the board for all or part of 
  4.33  the cost of the proceedings resulting in disciplinary action 
  4.34  including, but not limited to, fees paid for services provided 
  4.35  by the office of administrative hearings, legal and 
  4.36  investigational services provided by the office of the attorney 
  5.1   general, services of court reporters, witnesses, reproduction of 
  5.2   records, board members' per diem compensation, board staff time, 
  5.3   and expenses incurred by board members and staff; 
  5.4      (8) order the physical therapist to provide unremunerated 
  5.5   service; 
  5.6      (9) censure or reprimand the licensed physical therapist; 
  5.7   or 
  5.8      (10) any other action as allowed by law and justified by 
  5.9   the facts of the case. 
  5.10                             DENTISTRY
  5.11     Sec. 5.  Minnesota Statutes 2002, section 150A.08, 
  5.12  subdivision 3, is amended to read: 
  5.13     Subd. 3.  [REINSTATEMENT.] Any licensee or registrant whose 
  5.14  license or registration has been suspended or revoked may have 
  5.15  the license or registration reinstated or a new license or 
  5.16  registration issued, as the case may be, when the board deems 
  5.17  the action is warranted.  The board may require the licensee or 
  5.18  registrant to pay all costs of proceedings resulting in the 
  5.19  suspension or revocation of license or registration and 
  5.20  reinstatement or new license and the fee for reinstatement 
  5.21  established by the board.  Any licensee or registrant who has 
  5.22  been disciplined by the board in a manner other than by 
  5.23  suspension or revocation may be required by the board to pay all 
  5.24  costs of proceedings resulting in the disciplinary action.  
  5.25     Sec. 6.  Minnesota Statutes 2002, section 150A.08, is 
  5.26  amended by adding a subdivision to read: 
  5.27     Subd. 3a.  [COSTS; ADDITIONAL PENALTIES.] (a) The board may 
  5.28  require the licensee or registrant to pay all costs and 
  5.29  disbursements of disciplinary proceedings, including, but not 
  5.30  limited to, fees paid for services provided by the office of 
  5.31  administrative hearings, legal and investigative services 
  5.32  provided by the office of the attorney general, court reporter 
  5.33  services, witnesses, reproduction of records, board members' per 
  5.34  diem compensation, board staff time, and board and staff 
  5.35  expenses resulting in the suspension or revocation of license or 
  5.36  registration and reinstatement or new license and the fee for 
  6.1   reinstatement established by the board. 
  6.2      (b) Any licensee or registrant who has been disciplined by 
  6.3   the board in a manner other than by suspension or revocation may 
  6.4   be required by the board to pay all costs and disbursements of 
  6.5   proceedings, as described in subdivision 3, resulting in the 
  6.6   disciplinary action. 
  6.7      (c) In addition to costs and disbursements imposed under 
  6.8   paragraphs (a) and (b), the board may impose a civil penalty not 
  6.9   exceeding $10,000 for each separate violation, the amount of the 
  6.10  civil penalty to be fixed so as to deprive a licensee or 
  6.11  registrant of any economic advantage gained by reason of the 
  6.12  violation or to discourage future violations by the licensee or 
  6.13  registrant or any other licensee or registrant. 
  6.14     (d) In addition to costs and penalties imposed under 
  6.15  paragraphs (a) to (c), the board may also: 
  6.16     (1) order the dentist, dental hygienist, or dental 
  6.17  assistant to provide unremunerated service; 
  6.18     (2) censure or reprimand the dentist, dental hygienist, or 
  6.19  dental assistant; or 
  6.20     (3) any other action as allowed by law and justified by the 
  6.21  facts of the case. 
  6.22                              PHARMACY
  6.23     Sec. 7.  Minnesota Statutes 2002, section 151.06, is 
  6.24  amended by adding a subdivision to read: 
  6.25     Subd. 5.  [COSTS; PENALTIES.] (a) The board may require the 
  6.26  licensee or registrant to pay all costs and disbursements of 
  6.27  disciplinary proceedings, including, but not limited to, fees 
  6.28  paid for services provided by the office of administrative 
  6.29  hearings, legal and investigative services provided by the 
  6.30  office of the attorney general, court reporter services, 
  6.31  witnesses, reproduction of records, board members' per diem 
  6.32  compensation, board staff time, and expenses incurred by board 
  6.33  members and staff resulting in the suspension or revocation of 
  6.34  license or registration and reinstatement or new license and the 
  6.35  fee for reinstatement established by the board. 
  6.36     (b) Any licensee or registrant who has been disciplined by 
  7.1   the board in a manner other than by suspension or revocation may 
  7.2   be required by the board to pay all costs and disbursements of 
  7.3   proceedings, as described in subdivision 4, resulting in the 
  7.4   disciplinary action. 
  7.5      (c) In addition to costs and disbursements imposed under 
  7.6   paragraphs (a) and (b), the board may impose a civil penalty not 
  7.7   exceeding $10,000 for each separate violation, the amount of the 
  7.8   civil penalty to be fixed so as to deprive a licensee or 
  7.9   registrant of any economic advantage gained by reason of the 
  7.10  violation or to discourage future violations by the licensee or 
  7.11  registrant or any other licensee or registrant. 
  7.12                         PODIATRIC MEDICINE 
  7.13     Sec. 8.  Minnesota Statutes 2002, section 153.22, 
  7.14  subdivision 1, is amended to read: 
  7.15     Subdivision 1.  [FORMS OF DISCIPLINARY ACTION.] When the 
  7.16  board finds, after notice and hearing, that a licensed doctor of 
  7.17  podiatric medicine has violated a provision or provisions of 
  7.18  this chapter, it may do one or more of the following:  
  7.19     (1) revoke the license; 
  7.20     (2) suspend the license; 
  7.21     (3) impose limitations or conditions on the podiatrist's 
  7.22  practice of podiatric medicine; the imposition of retraining or 
  7.23  rehabilitation requirements; the requirement of practice under 
  7.24  supervision; or the conditioning of continued practice on 
  7.25  demonstration of knowledge or skills by appropriate examination 
  7.26  or other review of skill and competence; 
  7.27     (4) impose a civil penalty not exceeding $10,000 for each 
  7.28  separate violation, the amount of the civil penalty to be fixed 
  7.29  so as to deprive the podiatrist of any economic advantage gained 
  7.30  by reason of the violation charged, to discourage similar 
  7.31  violations, or to reimburse the board for the cost of the 
  7.32  investigation and proceeding including, but not limited to, fees 
  7.33  paid for services provided by the office of administrative 
  7.34  hearings, legal and investigative services provided by the 
  7.35  office of the attorney general, court reporter services, 
  7.36  witnesses, reproduction of records, board members' per diem 
  8.1   compensation, board staff time, and board and staff expenses; 
  8.2      (5) order the podiatrist to provide unremunerated 
  8.3   professional service under supervision at a designated public 
  8.4   hospital, nursing home, clinic, or other health care 
  8.5   institution; or 
  8.6      (6) censure or reprimand the licensed podiatrist. 
  8.7      Sec. 9.  Minnesota Statutes 2002, section 153.22, 
  8.8   subdivision 5, is amended to read: 
  8.9      Subd. 5.  [REINSTATEMENT; COSTS; CONDITIONS ON REISSUED 
  8.10  REINSTATED OR NEW LICENSE.] In its discretion, the board may 
  8.11  restore and reissue a license to practice podiatric medicine, 
  8.12  but Any licensee whose license has been suspended or revoked may 
  8.13  have the license reinstated or a new license issued, as the case 
  8.14  may be, when the board finds the action is warranted.  The board 
  8.15  may require the licensee to pay the fee for reinstatement 
  8.16  established by the board and all costs and disbursements of the 
  8.17  proceedings resulting in the suspension or revocation of the 
  8.18  license and reinstatement or new license as described in 
  8.19  subdivision 1, clause (4).  As a condition of reinstatement or 
  8.20  the new license, the board may impose any disciplinary or 
  8.21  corrective measure, other than suspension or revocation, that it 
  8.22  might originally have imposed.  Any licensee who has been 
  8.23  disciplined by the board in a manner other than by suspension or 
  8.24  revocation may be required by the board to pay all costs and 
  8.25  disbursements of the proceedings as described in subdivision 1, 
  8.26  clause (4), resulting in the disciplinary action.  
  8.27                        VETERINARY MEDICINE
  8.28     Sec. 10.  Minnesota Statutes 2002, section 156.127, 
  8.29  subdivision 1, is amended to read: 
  8.30     Subdivision 1.  [BOARD ACTION.] When grounds exist under 
  8.31  section 156.081, or other statute or rule which the board is 
  8.32  authorized to enforce, the board may take one or more of the 
  8.33  following disciplinary actions: 
  8.34     (1) deny an application for a license; 
  8.35     (2) revoke the regulated person's license; 
  8.36     (3) suspend the regulated person's license; 
  9.1      (4) impose limitations on the regulated person's license; 
  9.2      (5) impose conditions on the regulated person's license; 
  9.3      (6) censure or reprimand, publicly or privately, the 
  9.4   regulated person; 
  9.5      (7) impose an administrative penalty not exceeding $5,000 
  9.6   $10,000 for each separate violation, the amount of the penalty 
  9.7   to be fixed so as to deprive the person of any economic 
  9.8   advantage gained by reason of the violation or, to discourage 
  9.9   repeated similar violations, or to reimburse the board for the 
  9.10  cost of the investigation and proceeding including, but not 
  9.11  limited to, fees paid for services provided by the office of 
  9.12  administrative hearings, legal and investigative services 
  9.13  provided by the office of the attorney general, court reporter 
  9.14  services, witnesses, reproduction of records, board members' per 
  9.15  diem compensation, board staff time, and board and staff 
  9.16  expenses; or 
  9.17     (8) take any other action justified by the facts of the 
  9.18  case. 
  9.19     Sec. 11.  Minnesota Statutes 2002, section 156.127, 
  9.20  subdivision 3, is amended to read: 
  9.21     Subd. 3.  [DISCIPLINARY ACTION AND REINSTATEMENT FEE.] Upon 
  9.22  reinstating a regulated person's license or granting an 
  9.23  applicant's license, the board may, at its discretion, impose 
  9.24  any disciplinary action, cost, or penalty listed in subdivision 
  9.25  1, as well as any reinstatement fee.