Minnesota Legislature
HF 1584
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/23/2015 03:59pm
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A bill for an act
relating to health; modifying requirements for the license of health professionals;
amending Minnesota Statutes 2014, sections 148.271; 214.077; 214.10,
subdivisions 2, 2a; 214.32, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 148.271, is amended to read:
148.271 EXEMPTIONS.
The provisions of sections 148.171 to 148.285 shall not prohibit:
(1) The furnishing of nursing assistance in an emergency.
(2) The practice of advanced practice, professional, or practical nursing by any
legally qualified advanced practice, registered, or licensed practical nurse of another state
who is employed by the United States government or any bureau, division, or agency
thereof while in the discharge of official duties.
(3) The practice of any profession or occupation licensed by the state, other than
advanced practice, professional, or practical nursing, by any person duly licensed to
practice the profession or occupation, or the performance by a person of any acts properly
coming within the scope of the profession, occupation, or license.
(4) The provision of a nursing or nursing-related service by an unlicensed assistive
person who has been delegated or assigned the specific function and is supervised by a
registered nurse or monitored by a licensed practical nurse.
(5) The care of the sick with or without compensation when done in a nursing home
covered by the provisions of section 144A.09, subdivision 1.
(6) Professional nursing practice or advanced practice registered nursing practice by
a registered nurse or practical nursing practice by a licensed practical nurse licensed in
another state or territory who is in Minnesota as a student enrolled in a formal, structured
course of study, such as a course leading to a higher degree, certification in a nursing
specialty, or to enhance skills in a clinical field, while the student is practicing in the course.
(7) Professional or practical nursing practice by a student practicing under the
supervision of an instructor while the student is enrolled in a nursing program approved by
the board under section 148.251.
(8) Advanced practice registered nursing as defined in section 148.171, subdivisions
5, 10, 11, 13, and 21, by a registered nurse who is licensed and currently registered in
Minnesota or another United States jurisdiction and who is enrolled as a student in a
formal graduate education program leading to eligibility for certification and licensure
as an advanced practice registered nurse.
new text begin
(9) Professional nursing practice or advanced practice registered nursing practice by
a registered nurse or advanced practice registered nurse licensed in another state, territory,
or jurisdiction who is in Minnesota temporarily:
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(i) providing continuing or in-service education;
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(ii) serving as a guest lecturer;
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(iii) presenting at a conference; or
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(iv) teaching didactic content via distance education to a student located in
Minnesota who is enrolled in a formal, structured course of study, such as a course leading
to a higher degree or certification in a nursing specialty.
new text end
Sec. 2.
Minnesota Statutes 2014, section 214.077, is amended to read:
214.077 TEMPORARY LICENSE SUSPENSION; IMMINENT RISK OF
new text begin SERIOUS new text end HARM.
(a) Notwithstanding any provision of a health-related professional practice act,
when a health-related licensing board receives a complaint regarding a regulated person
and has probable cause to believe new text begin that the regulated person has violated a statute or rule
that the health-related licensing board is empowered to enforce, and new text end continued practice
by the regulated person presents an imminent risk of new text begin serious new text end harm, the new text begin health-related
new text end licensing board shall new text begin issue an order new text end temporarily deleted text begin suspenddeleted text end new text begin suspendingnew text end the regulated person's
deleted text begin professional licensedeleted text end new text begin authority to practicenew text end . The new text begin temporary new text end suspension new text begin order new text end shall deleted text begin take
effect upon written notice to the regulated person and shalldeleted text end specify the reason for the
suspensiondeleted text begin .deleted text end new text begin , including the statute or rule alleged to have been violated. The temporary
suspension order shall take effect upon personal service on the regulated person or the
regulated person's attorney, or upon the third calendar day after the order is served by first
class mail to the most recent address provided to the health-related licensing board for the
regulated person or the regulated person's attorney.
new text end
(b) The new text begin temporary new text end suspension shall remain in effect until the deleted text begin appropriatedeleted text end new text begin
health-relatednew text end licensing board deleted text begin or the commissionerdeleted text end completes an investigationnew text begin , holds a
contested case hearing pursuant to the Administrative Procedure Act,new text end and issues a final
order in the matter deleted text begin after a hearingdeleted text end new text begin as provided for in this sectionnew text end .
(c) At the time it issues the new text begin temporary new text end suspension deleted text begin noticedeleted text end new text begin ordernew text end , the deleted text begin appropriatedeleted text end new text begin
health-relatednew text end licensing board shall schedule a deleted text begin disciplinarydeleted text end new text begin contested casenew text end hearingnew text begin , on the
merits of whether discipline is warranted,new text end to be held deleted text begin before the licensing board ordeleted text end pursuant
to the Administrative Procedure Act. The regulated person shall be provided with at least
ten days' notice of any new text begin contested case new text end hearing held pursuant to this section. The new text begin contested
case new text end hearing shall be scheduled to begin no later than 30 days after deleted text begin issuancedeleted text end new text begin the effective
servicenew text end of the new text begin temporary new text end suspension order.
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(d) The administrative law judge presiding over the contested case hearing shall
issue a report and recommendation to the health-related licensing board no later than 30
days after the final day of the contested case hearing. The health-related licensing board
shall issue a final order pursuant to sections 14.61 and 14.62 within 30 days of receipt
of the administrative law judge's report and recommendations. Except as provided in
paragraph (e), if the health-related licensing board has not issued a final order pursuant to
sections 14.61 and 14.62 within 30 days of receipt of the administrative law judge's report
and recommendations, the temporary suspension shall be lifted.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end If deleted text begin the board has not completed its investigation and issued a final order within
30 days, the temporary suspension shall be lifted, unless the regulated person requests a
delay in the disciplinary proceedings for any reason, upon which the temporary suspension
shall remain in place until the completion of the investigation.deleted text end new text begin the regulated person
requests a delay in the contested case proceedings provided for in paragraphs (c) and (d)
for any reason, the temporary suspension shall remain in effect until the health-related
licensing board issues a final order pursuant to sections 14.61 and 14.62.
new text end
Sec. 3.
Minnesota Statutes 2014, section 214.10, subdivision 2, is amended to read:
Subd. 2.
Investigation and hearing.
The designee of the attorney general providing
legal services to a board shall evaluate the communications forwarded by the board or its
members or staff. If the communication alleges a violation of statute or rule which the
board is to enforce, the designee is empowered to investigate the facts alleged in the
communication. In the process of evaluation and investigation, the designee shall consult
with or seek the assistance of the executive director, executive secretary, or, if the board
determines, a member of the board who has been appointed by the board to assist the
designee. The designee may also consult with or seek the assistance of any other qualified
persons who are not members of the board who the designee believes will materially aid
in the process of evaluation or investigation. The executive director, executive secretary,
or the consulted board member may attempt to correct improper activities and redress
grievances through education, conference, conciliation and persuasion, and in these
attempts may be assisted by the designee of the attorney general. If the attempts at
correction or redress do not produce satisfactory results in the opinion of the executive
director, executive secretary, or the consulted board member, or if after investigation the
designee providing legal services to the board, the executive director, executive secretary,
or the consulted board member believes that the communication and the investigation
suggest illegal or unauthorized activities warranting board action, the person having the
belief shall inform the executive director or executive secretary of the board who shall
schedule a deleted text begin disciplinarydeleted text end new text begin contested casenew text end hearing in accordance with chapter 14. Before
directing the holding of a deleted text begin disciplinarydeleted text end new text begin contested casenew text end hearing, the executive director,
executive secretary, or the designee of the attorney general shall have considered the
recommendations of the consulted board member. Before scheduling a deleted text begin disciplinarydeleted text end new text begin
contested casenew text end hearing, the executive director or executive secretary must have received
a verified written complaint from the complaining party. A board member who was
consulted during the course of an investigation may participate at the hearing but may not
vote on any matter pertaining to the case. The executive director or executive secretary
of the board shall promptly inform the complaining party of the final disposition of the
complaint. Nothing in this section shall preclude the board from scheduling, on its own
motion, a deleted text begin disciplinarydeleted text end new text begin contested casenew text end hearing based upon the findings or report of the
board's executive director or executive secretary, a board member or the designee of the
attorney general assigned to the board. Nothing in this section shall preclude a member of
the board, executive director, or executive secretary from initiating a complaint.
Sec. 4.
Minnesota Statutes 2014, section 214.10, subdivision 2a, is amended to read:
Subd. 2a.
Proceedings.
A board shall initiate proceedings to suspend or revoke
a license or shall refuse to renew a license of a person licensed by the board who is
convicted in a court of competent jurisdiction of violating section 609.224, subdivision 2,
paragraph (c), 609.23, 609.231, 609.2325, 609.233, 609.2335, 609.234, 609.465, 609.466,
deleted text begin 609.52,deleted text end or 609.72, subdivision 3.
Sec. 5.
Minnesota Statutes 2014, section 214.32, subdivision 6, is amended to read:
Subd. 6.
Duties of a participating board.
Upon receiving a report from the
program manager in accordance with section 214.33, subdivision 3, deleted text begin that a regulated
person has been discharged from the program due to noncompliance based on allegations
that the regulated person has engaged in conduct that might cause risk to the public,
whendeleted text end new text begin and ifnew text end the participating new text begin health-related licensing new text end board has probable cause to believe
continued practice by the regulated person presents an imminent risk of new text begin serious new text end harm, the
new text begin health-related licensing new text end board shall deleted text begin temporarily suspend the regulated person's professional
license until the completion of a disciplinary investigation. The board must complete the
disciplinary investigation within 30 days of receipt of the report from the program. If the
investigation is not completed by the board within 30 days, the temporary suspension shall
be lifted, unless the regulated person requests a delay in the disciplinary proceedings
for any reason, upon which the temporary suspension shall remain in place until the
completion of the investigationdeleted text end new text begin proceed pursuant to the requirements in section 214.077new text end .