HF 1072

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to professions; modifying enforcement 
  1.3             provisions for the board of psychology; providing 
  1.4             criminal penalties; amending Minnesota Statutes 1996, 
  1.5             section 148.941, subdivision 6, and by adding a 
  1.6             subdivision; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 148. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 148.941, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 5a.  [ACCESS TO RECORDS.] The board shall have access 
  1.12  to all police reports and court records resulting from criminal 
  1.13  investigations and adjudications, civil commitment proceedings, 
  1.14  and malpractice litigations, including, but not limited to, 
  1.15  reports, evaluations, criminal complaints, and presentence 
  1.16  investigations pertaining to the conduct of an applicant or a 
  1.17  licensee under investigation.  For the purpose of this 
  1.18  subdivision, a licensee or applicant is deemed to have waived 
  1.19  all objections to board access to such records or to the 
  1.20  admissibility of such records in any board hearing, committee 
  1.21  meeting, or the closed session of a board meeting. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 148.941, 
  1.23  subdivision 6, is amended to read: 
  1.24     Subd. 6.  [VIOLATION.] Persons who engage in the unlicensed 
  1.25  practice of psychology or who misrepresent themselves as 
  1.26  psychologists or psychological practitioners are guilty of 
  2.1   a gross misdemeanor. 
  2.2      Sec. 3.  [148.952] [IMMUNITY.] 
  2.3      (a) Any person, health care facility, business, or 
  2.4   organization is immune from civil liability and criminal 
  2.5   prosecution for reporting in good faith to the board violations 
  2.6   or alleged violations of the Psychology Practice Act.  All such 
  2.7   reports are confidential and absolutely privileged 
  2.8   communications. 
  2.9      (b) Any person, health care facility, business, or 
  2.10  organization is immune from civil liability and criminal 
  2.11  prosecution for cooperating with the board in good faith in the 
  2.12  investigation of violations or alleged violations of the 
  2.13  Psychology Practice Act. 
  2.14     (c) Members of the board and persons employed by the board 
  2.15  or engaged in the investigation of violations and in the 
  2.16  preparation, presentation, and management of complaints and 
  2.17  testimony pertaining to charges of violations of the Psychology 
  2.18  Practice Act are immune from civil liability and criminal 
  2.19  prosecution for any actions, transactions, or publications in 
  2.20  the execution of, or relating to, their duties under the 
  2.21  Psychology Practice Act. 
  2.22     Sec. 4.  [148.955] [RELEASING DATA TO LAW ENFORCEMENT.] 
  2.23     Notwithstanding chapter 13, the board may make any data 
  2.24  classified as private or confidential accessible to a law 
  2.25  enforcement agency if the board determines that making the data 
  2.26  accessible is likely to aid the law enforcement process.