HF 1958

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

  1.1                          A bill for an act 
  1.2             relating to licensed professions; requiring notice to 
  1.3             licensees of investigations; requiring destruction of 
  1.4             data on unsubstantiated complaints; authorizing health 
  1.5             care providers to dispose of records of deceased 
  1.6             patients; amending Minnesota Statutes 1996, sections 
  1.7             144.335, by adding a subdivision; and 214.10, 
  1.8             subdivision 1, and by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 144.335, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 5b.  [DESTRUCTION OF RECORDS ON DECEASED PATIENTS.] A 
  1.13  provider may destroy health records on a patient if at least two 
  1.14  years have elapsed since the death of the patient. 
  1.15     Sec. 2.  Minnesota Statutes 1996, section 214.10, 
  1.16  subdivision 1, is amended to read: 
  1.17     Subdivision 1.  [RECEIPT OF COMPLAINT; NOTICE.] The 
  1.18  executive director or executive secretary of a board, a board 
  1.19  member or any other person who performs services for the board 
  1.20  who receives a complaint or other communication, whether oral or 
  1.21  written, which complaint or communication alleges or implies a 
  1.22  violation of a statute or rule which the board is empowered to 
  1.23  enforce, shall promptly forward the substance of the 
  1.24  communication on a form prepared by the attorney general to the 
  1.25  designee of the attorney general responsible for providing legal 
  1.26  services to the board.  Before proceeding further with the 
  1.27  communication, the designee of the attorney general may require 
  2.1   the complaining party to state the complaint in writing on a 
  2.2   form prepared by the attorney general.  Complaints which relate 
  2.3   to matters within the jurisdiction of another governmental 
  2.4   agency shall be forwarded to that agency by the executive 
  2.5   director or executive secretary.  An officer of that agency 
  2.6   shall advise the executive director or executive secretary of 
  2.7   the disposition of that complaint.  A complaint received by 
  2.8   another agency which relates to a statute or rule which a 
  2.9   licensing board is empowered to enforce shall be forwarded to 
  2.10  the executive director or executive secretary of the board to be 
  2.11  processed in accordance with this section.  No complaint 
  2.12  alleging a matter within the jurisdiction of the board shall be 
  2.13  dismissed by a board unless at least two board members have 
  2.14  reviewed the matter.  If a board makes a determination to 
  2.15  investigate a complaint, it shall notify a licensee who is the 
  2.16  subject of an investigation that an investigation has been 
  2.17  initiated. 
  2.18     Sec. 3.  Minnesota Statutes 1996, section 214.10, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 2b.  [DESTRUCTION OF DATA ON UNSUBSTANTIATED 
  2.21  COMPLAINTS.] Notwithstanding section 138.17, a board shall 
  2.22  destroy data on an unsubstantiated complaint one year after the 
  2.23  investigation is closed.