HF 1604

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/13/2013 03:50pm

A bill for an act
relating to health; requiring reporting of diverted narcotics or controlled
substances; amending Minnesota Statutes 2012, section 214.33, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 214.33, is amended by adding a
subdivision to read:

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 licensed or
regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
health care institutions, and other organizations where the licensed or regulated health
care professional is engaged in providing services, shall report to the appropriate licensing
board that the licensee or regulated person has diverted narcotics or other controlled
substances in violation of state or federal narcotics or controlled substance law when:
new text end

new text begin (1) the employer or entity making the report has knowledge of the diversion; and
new text end

new text begin (2) the licensee or regulated person has diverted narcotics from the reporting
employer or organization or at the reporting institution.
new text end

new text begin (b) Subdivision 1 does not waive the requirement to report under this subdivision.
new text end

new text begin (c) The requirement to report under this subdivision does not apply:
new text end

new text begin (1) to licensees or regulated persons who are self-employed;
new text end

new text begin (2) if the knowledge was obtained in the course of a professional-patient relationship
and the patient is licensed or regulated by a health licensing board; or
new text end

new text begin (3) if knowledge of the diversion first becomes known to the employer, health care
institution, or other organization, either from:
new text end

new text begin (i) the licensee or regulated person who has self-reported to the health professional
services program and who has returned to work pursuant to the health professional
services program participation agreement and monitoring plan; or
new text end

new text begin (ii) an individual who is serving as a work site monitor approved by the health
professional services program for a person described in item (i).
new text end