Minnesota Legislature
HF 1604
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 11:59am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to health; requiring reporting of diverted narcotics or controlled
1.3substances;amending Minnesota Statutes 2012, section 214.33, by adding a
1.4subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 214.33, is amended by adding a
1.7subdivision to read:
1.8 Subd. 5. Employer mandatory reporting. (a) An employer of a person regulated
1.9by a health-related licensing board, and a health care institution or other organization
1.10where the regulated person is engaged in providing services, must report to the appropriate
1.11licensing board that a regulated person has diverted narcotics or other controlled
1.12substances in violation of state or federal narcotics or controlled substance law if:
1.13(1) the employer, health care institution, or organization making the report has
1.14knowledge of the diversion; and
1.15(2) the regulated person has diverted narcotics or other controlled substances
1.16from the reporting employer, health care institution, or organization, or at the reporting
1.17institution or organization.
1.18(b) The requirement to report under this subdivision does not apply if:
1.19(1) the regulated person is self-employed;
1.20(2) the knowledge was obtained in the course of a professional-patient relationship
1.21and the patient is regulated by the health-related licensing board; or
1.22(3) knowledge of the diversion first becomes known to the employer, health care
1.23institution, or other organization, either from (i) an individual who is serving as a work
1.24site monitor approved by the health professional services program for the regulated
2.1person who has self-reported to the health professional services program, and who
2.2has returned to work pursuant to a health professional services program participation
2.3agreement and monitoring plan; or (ii) the regulated person who has self-reported to the
2.4health professional services program and who has returned to work pursuant to the health
2.5professional services program participation agreement and monitoring plan.
2.6(c) Complying with subdivision 1 does not waive the requirement to report under
2.7this subdivision.
1.3substances;amending Minnesota Statutes 2012, section 214.33, by adding a
1.4subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 214.33, is amended by adding a
1.7subdivision to read:
1.8 Subd. 5. Employer mandatory reporting. (a) An employer of a person regulated
1.9by a health-related licensing board, and a health care institution or other organization
1.10where the regulated person is engaged in providing services, must report to the appropriate
1.11licensing board that a regulated person has diverted narcotics or other controlled
1.12substances in violation of state or federal narcotics or controlled substance law if:
1.13(1) the employer, health care institution, or organization making the report has
1.14knowledge of the diversion; and
1.15(2) the regulated person has diverted narcotics or other controlled substances
1.16from the reporting employer, health care institution, or organization, or at the reporting
1.17institution or organization.
1.18(b) The requirement to report under this subdivision does not apply if:
1.19(1) the regulated person is self-employed;
1.20(2) the knowledge was obtained in the course of a professional-patient relationship
1.21and the patient is regulated by the health-related licensing board; or
1.22(3) knowledge of the diversion first becomes known to the employer, health care
1.23institution, or other organization, either from (i) an individual who is serving as a work
1.24site monitor approved by the health professional services program for the regulated
2.1person who has self-reported to the health professional services program, and who
2.2has returned to work pursuant to a health professional services program participation
2.3agreement and monitoring plan; or (ii) the regulated person who has self-reported to the
2.4health professional services program and who has returned to work pursuant to the health
2.5professional services program participation agreement and monitoring plan.
2.6(c) Complying with subdivision 1 does not waive the requirement to report under
2.7this subdivision.