HF 1713

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to licensing examinations; prohibiting certain practices in preparation
for a radiologic technology examination; establishing penalties; amending
Minnesota Statutes 2008, section 144.121, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 144.121, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Subversion of examination. new text end

new text begin (a) A person engages in examination
subversion practice when, with respect to any licensing or certifying examination in the
field of radiologic technology, the person:
new text end

new text begin (1) removes from the examination room any examination materials without specific
authorization;
new text end

new text begin (2) without authorization, discloses, publishes, transmits, or reconstructs by any
means, including but not limited to memorization, any portion of the examination;
new text end

new text begin (3) pays or uses professional or paid examination takers for the purpose of
reconstructing any portion of the examination;
new text end

new text begin (4) without authorization, obtains examination questions, answers, or materials,
whether requested or not, either before, during, or after an examination;
new text end

new text begin (5) uses or purports to use any examination questions, answers, or materials
that were improperly obtained from any examination for the purpose of instructing or
preparing an applicant for examination;
new text end

new text begin (6) sells or offers to sell, distributes or offers to distribute, buys or offers to buy, or
receives or possesses without authorization any portion of a future, current, or previously
administered examination;
new text end

new text begin (7) communicates with any other person during the administration of an examination
for the purpose of giving or receiving any unauthorized aid;
new text end

new text begin (8) copies answers from another examinee or permits the person's own answers to
be copied by another examinee;
new text end

new text begin (9) possesses during the administration of the examination any books, equipment,
notes, written or printed materials, or data of any kind, other than the examination
materials distributed and materials otherwise specifically authorized to be possessed
during the examination;
new text end

new text begin (10) takes an examination using the identity of another person or has another person
take an examination using a false identity;
new text end

new text begin (11) engages in any other conduct that violates the security of the examination
materials;
new text end

new text begin (12) attempts to engage in any act listed in this paragraph; or
new text end

new text begin (13) aids or abets another person to engage in any act listed in this paragraph.
new text end

new text begin (b) Any person damaged or likely to be damaged by an examination subversion
practice may seek injunctive relief in district court and recovery of damages caused by
the practice. The court may award costs and disbursements to a prevailing party in
an action under this subdivision. The court shall award reasonable attorney fees to a
prevailing party if:
new text end

new text begin (1) the party complaining of an examination subversion practice has brought the
action knowing it to be groundless; or
new text end

new text begin (2) the party alleged to have engaged in an examination subversion practice has
wilfully engaged in the practice.
new text end

new text begin (c) The remedies provided in this subdivision are in addition to any other remedy or
penalty that may be available for the same conduct as permitted by law.
new text end