HF 2109

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health occupations; establishing licensure for medical laboratory
science professionals; creating the Board of Medical Laboratory Science;
proposing coding for new law as Minnesota Statutes, chapter 148E.

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

Section 1.

new text begin [148E.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of this chapter, the following terms
have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Accredited medical laboratory educational program. new text end

new text begin "Accredited
medical laboratory educational program" means a program to provide instruction and
experience in medical laboratory science that has been accredited by an accrediting agency
recognized by the United States Department of Health and Human Services and by the
Board of Medical Laboratory Science.
new text end

new text begin Subd. 3. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Medical Laboratory Science
established in section 148E.03.
new text end

new text begin Subd. 4. new text end

new text begin Categorical medical laboratory scientist. new text end

new text begin "Categorical medical
laboratory scientist" means an individual eligible for licensure under this chapter to
perform the functions of a medical laboratory scientist in one of the following areas of the
laboratory: chemistry, hematology, immunohematology, or microbiology.
new text end

new text begin Subd. 5. new text end

new text begin CLIA. new text end

new text begin "CLIA" means Clinical Laboratory Improvement Amendments of
1988 and includes Public Law 10-578 and Code of Federal Regulations, title 42, section
493.
new text end

new text begin Subd. 6. new text end

new text begin Cytotechnologist. new text end

new text begin "Cytotechnologist" means an individual eligible for
licensure under this chapter who specializes in the microscopic analysis of patient samples
from all body sites, for the purpose of evaluating, detecting, and providing prognostic
information regarding disease processes, including those that require the exercise of
independent judgment, and who:
new text end

new text begin (1) assists health care providers with the collection, detection, and interpretation
of normal and abnormal cells, infectious agents, and other noncellular material from
submitted specimens;
new text end

new text begin (2) performs a variety of ancillary tests to ascertain information to help
in classification, prognosis, or disease detection, including, but not limited to,
immunohistochemical and molecular techniques;
new text end

new text begin (3) establishes and implements protocols, quality control, method selection,
equipment selection and maintenance, and activities related to the preanalytic, analytic,
and postanalytic phases of testing; and
new text end

new text begin (4) directs, supervises, consults, and educates.
new text end

new text begin Subd. 7. new text end

new text begin Histotechnician. new text end

new text begin "Histotechnician" means an individual eligible for
licensure under this chapter who:
new text end

new text begin (1) prepares tissue specimens for microscopic examination;
new text end

new text begin (2) monitors, performs, selects, develops, evaluates, correlates, and ensures accuracy
and validity of laboratory testing and procedures including, but not limited to, techniques
in fixation, processing, embedding, microtomy, cryotomy, ultramicrotomy, and staining;
new text end

new text begin (3) prepares gross specimens under the direction of a board-certified pathologist;
new text end

new text begin (4) establishes and implements protocols, quality assurance, and quality control
related to the following procedures: histochemical, immunohistochemical, electron
microscopy, cytopreparation, in situ hybridization, enzyme histochemical, DNA
hydrolysis, laser capturing, molecular techniques, and research;
new text end

new text begin (5) participates in method selection, development, equipment selection and
maintenance, and activities related to the preanalytical and analytical phases of tissue
preparation; and
new text end

new text begin (6) directs, supervises, and educates.
new text end

new text begin Subd. 8. new text end

new text begin Histotechnologist. new text end

new text begin "Histotechnologist" means an individual eligible for
licensure under this chapter who:
new text end

new text begin (1) prepares tissue specimens for microscopic examination;
new text end

new text begin (2) monitors, performs, selects, develops, evaluates, correlates, and ensures accuracy
and validity of laboratory testing and procedures including, but not limited to, techniques
in fixation, processing, embedding, microtomy, cryotomy, ultramicrotomy, and staining;
new text end

new text begin (3) prepares gross specimens under the direction of a board-certified pathologist;
new text end

new text begin (4) establishes and implements protocols, quality assurance, and quality control
related to the following procedures: histochemical, immunohistochemical, electron
microscopy, cytopreparation, in situ hybridization, enzyme histochemical, DNA
hydrolysis, laser capturing, molecular techniques, and research;
new text end

new text begin (5) participates in method selection, development, equipment selection and
maintenance, and activities related to the preanalytical and analytical phases of tissue
preparation;
new text end

new text begin (6) establishes and implements new protocols and procedures dealing directly in
quality assessment, method development, and equipment selection and maintenance;
new text end

new text begin (7) educates personnel and performs research functions; and
new text end

new text begin (8) supervises, manages, and directs.
new text end

new text begin Subd. 9. new text end

new text begin Medical laboratory or laboratory. new text end

new text begin "Medical laboratory" or "laboratory"
means any facility or office in Minnesota in which medical laboratory tests are performed.
new text end

new text begin Subd. 10. new text end

new text begin Medical laboratory scientist or generalist. new text end

new text begin "Medical laboratory
scientist" or "generalist" means an individual eligible for licensure under this chapter who:
new text end

new text begin (1) performs medical laboratory tests, including tests that require the exercise of
independent judgment;
new text end

new text begin (2) establishes and implements protocols, quality assessment, method development
and selection, equipment selection and maintenance, and activities related to the
preanalytic, analytic, and postanalytic phases of laboratory testing; and
new text end

new text begin (3) directs, supervises, consults, educates, and performs research functions.
new text end

new text begin Subd. 11. new text end

new text begin Medical laboratory specialist in cytogenetics. new text end

new text begin "Medical laboratory
specialist in cytogenetics" means an individual eligible for licensure under this chapter to
perform standard cytogenetic testing procedures, and may direct, supervise, consult, and
educate in cytogenetics.
new text end

new text begin Subd. 12. new text end

new text begin Medical laboratory specialist in molecular biology/pathology.
new text end

new text begin "Medical laboratory specialist in molecular biology/pathology" means an individual
eligible for licensure under this chapter to perform all aspects of molecular analysis
including, but not limited to, recombinant DNA technology, polymerase chain
reaction, and hybridization techniques. A medical laboratory specialist in molecular
biology/pathology may direct, supervise, consult, educate, and perform research functions
in molecular biology/pathology.
new text end

new text begin Subd. 13. new text end

new text begin Medical laboratory specialist in histocompatability. new text end

new text begin "Medical
laboratory specialist in histocompatability" means an individual eligible for licensure
under this chapter to perform histocompatibility testing by molecular and serological
techniques, and may direct, supervise, consult, educate, and perform research functions in
histocompatibility.
new text end

new text begin Subd. 14. new text end

new text begin Medical laboratory technician. new text end

new text begin "Medical laboratory technician"
means an individual eligible for licensure under this chapter who performs medical
laboratory tests pursuant to established and approved protocols requiring limited exercise
of independent judgment and that are performed with oversight from a medical laboratory
scientist, laboratory supervisor, or laboratory director. The technician may supervise and
educate.
new text end

new text begin Subd. 15. new text end

new text begin Medical laboratory test or laboratory test. new text end

new text begin "Medical laboratory
test" or "laboratory test" means a microbiological, serological, chemical, biological,
hematological, immunological, immunohematological, radiobioassay, cytological,
histological preparation, biophysical, or any other test or procedure performed on material
derived from or existing in a human body, which provides information for the diagnosis,
prevention, or monitoring of a disease or impairment or assessment of a medical condition.
A medical laboratory test includes components of the preanalytic and postanalytic phases
of testing, as well as the analytic phase, which occurs in the laboratory.
new text end

new text begin Subd. 16. new text end

new text begin Other medical laboratory specialists. new text end

new text begin "Other medical laboratory
specialists" means an individual eligible for licensure under this chapter to perform the
functions of a medical laboratory scientist in a subspecialty or clinical laboratory that
is not one of the specific categorical areas of the laboratory. The specialist medical
laboratory scientist may direct, supervise, consult, educate, and perform research functions
in the areas where qualified.
new text end

new text begin Subd. 17. new text end

new text begin Pathologist's assistant. new text end

new text begin "Pathologist's assistant" means an individual
specializing in prediagnostic surgical pathology and autopsy pathology who assists
pathologists by:
new text end

new text begin (1) processing surgical samples, including dissection and description of pertinent
features, submission of tissue samples for microscopic examination, assistance in frozen
section preparation, and other ancillary duties to be performed under the supervision of
a pathologist; and
new text end

new text begin (2) performing functions in autopsy pathology, including prosection, selection of
tissues for microscopic examination, and other ancillary duties to be performed under
the supervision of a pathologist.
new text end

new text begin Pathologist's assistants may direct, supervise, and educate.
new text end

new text begin Subd. 18. new text end

new text begin Phlebotomist. new text end

new text begin "Phlebotomist" means an individual who is qualified to
obtain blood samples for testing by means of venipuncture, capillary puncture, or access
of venous access devices, to perform specimen processing and preparation of samples for
testing, and to perform waived and point-of-care testing.
new text end

new text begin Subd. 19. new text end

new text begin Point-of-care testing. new text end

new text begin "Point-of-care testing" means analytical patient
testing activities provided within an institution, which do not require permanent dedicated
space including, but not limited to, analytic instruments that are temporarily brought to a
patient care location. Point-of-care testing must be under the direction of an individual
licensed under this chapter at the baccalaureate degree level or who qualifies as a
laboratory director under CLIA.
new text end

new text begin Subd. 20. new text end

new text begin Trainee/student. new text end

new text begin "Trainee/student" means an individual who has
not fulfilled the educational requirements to take an approved nationally recognized
certification examination or who needs to obtain full-time comprehensive experience
under supervision.
new text end

new text begin Subd. 21. new text end

new text begin Waived test. new text end

new text begin "Waived test" means a laboratory examination or procedure
as determined by the United States Food and Drug Administration which has an
insignificant risk of an erroneous result, including those which:
new text end

new text begin (1) have been approved by the United States Food and Drug Administration for
home use;
new text end

new text begin (2) employ methodologies that are so simple and accurate as to render the likelihood
of erroneous results negligible; or
new text end

new text begin (3) pose no reasonable risk of harm to the patient if performed incorrectly.
new text end

Sec. 2.

new text begin [148E.02] EXCEPTIONS.
new text end

new text begin This chapter does not apply to:
new text end

new text begin (1) other licensed or registered professionals performing functions within their
scope of practice;
new text end

new text begin (2) medical laboratory science professionals employed by the United States
government, or any bureau, division, or agency, while performing duties within the scope
of this chapter;
new text end

new text begin (3) medical laboratory science professionals engaged exclusively in research,
provided that the results of any examination performed are not used in health maintenance,
diagnosis, or treatment of disease;
new text end

new text begin (4) professionals engaged exclusively in the education of medical laboratory science
professionals;
new text end

new text begin (5) professionals engaged exclusively in providing phlebotomy services;
new text end

new text begin (6) pathologist's assistants or individuals performing pathology assistant activities
by virtue of their close association with and supervision by pathologists;
new text end

new text begin (7) students or trainees enrolled in a medical laboratory science education program
provided that:
new text end

new text begin (i) the activities performed by the student or trainee constitute a part of a planned
course in the program;
new text end

new text begin (ii) the student or trainee is clearly designated as intern, trainee, or student; and
new text end

new text begin (iii) the student or trainee is working directly under an individual licensed under
this chapter to practice medical laboratory science or by a professional who is exempt
under clause (3);
new text end

new text begin (8) any individual who only performs waived tests under CLIA; and
new text end

new text begin (9) testing personnel performing point-of-care or other testing provided that the
laboratory complies with the following requirements:
new text end

new text begin (i) within the laboratory, a licensed medical laboratory scientist or individual who
qualifies as a laboratory director under CLIA is responsible for:
new text end

new text begin (A) designing and providing or supervising the training programs for the testing
personnel;
new text end

new text begin (B) supervising and monitoring the quality assurance and quality control activities
of the testing site;
new text end

new text begin (C) assisting in the selection of technology;
new text end

new text begin (D) reviewing the results of proficiency testing and recommending corrective
action, if necessary; and
new text end

new text begin (E) monitoring the continued laboratory testing competency of the testing personnel;
and
new text end

new text begin (ii) processes are in place and are acceptable to the board, which ensure and
document the continued competency of the testing personnel.
new text end

Sec. 3.

new text begin [148E.03] BOARD OF MEDICAL LABORATORY SCIENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin The Board of Medical Laboratory Science consists of
ten members appointed by the governor.
new text end

new text begin Subd. 2. new text end

new text begin Qualifications of board members. new text end

new text begin (a) All members must be actively
employed for at least two years in their specific areas of practice.
new text end

new text begin (b) Six members must be medical laboratory science professionals who are licensed
under this chapter and include: at least one must be a nonphysician laboratory director
who is licensed under this chapter; one must be a medical laboratory scientist; one
must be a medical laboratory technician; one must be a cytotechnologist; one must
be a histotechnician or histotechnologist; and one must be a specialist in cytogenetics,
histocompatibility, or molecular biology.
new text end

new text begin (c) Two of the members must be physicians certified by the American Board of
Pathology or the American Board of Osteopathic Pathology. At least one must be certified
in clinical pathology.
new text end

new text begin (d) One of the members must be a physician who is not a laboratory director and is
not a pathologist. This member may be a clinic-based physician who directs a physician
office laboratory.
new text end

new text begin (e) One of the members must be a public member as defined in section 214.02.
new text end

new text begin Subd. 3. new text end

new text begin Terms. new text end

new text begin Board members shall serve for a term of three years. Whenever
a vacancy shall occur on the board by reason other than the expiration of a term of
office, the governor shall appoint a successor of like qualifications for the remainder of
the unexpired term. No individual shall be appointed to serve more than two consecutive
three-year terms.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin The board must annually elect from its membership a chair,
vice chair, and secretary-treasurer.
new text end

new text begin Subd. 5. new text end

new text begin Bylaws. new text end

new text begin The board must adopt bylaws to govern its proceedings.
new text end

new text begin Subd. 6. new text end

new text begin Executive director. new text end

new text begin The board must appoint and employ an executive
director who is not a member of the board. The employment of the executive director shall
be subject to the terms described in section 214.04, subdivision 2a.
new text end

Sec. 4.

new text begin [148E.04] DUTIES OF THE BOARD.
new text end

new text begin The Board of Medical Laboratory Science shall:
new text end

new text begin (1) adopt rules necessary to administer and enforce the provisions of this chapter;
new text end

new text begin (2) establish the qualifications and procedures for individuals to be licensed under
this chapter, including standards for education, examinations, and other methods for
determining whether an applicant or licensee is qualified under this chapter;
new text end

new text begin (3) establish standards for professional conduct, including adoption of a Code of
Professional Ethics and requirements for continuing education and supervision;
new text end

new text begin (4) issue licenses to qualified individuals;
new text end

new text begin (5) assess fees as established under section 148E.15;
new text end

new text begin (6) authorize or approve additional nationally recognized, validated,
competency-based written, oral, or practical examinations for purposes of licensure of
medical laboratory science professionals as provided for in this chapter; and
new text end

new text begin (7) maintain a roster of the names and addresses of individuals currently licensed
under this chapter and of all individuals whose licenses have been suspended or revoked.
new text end

Sec. 5.

new text begin [148E.05] REQUIREMENTS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin License required. new text end

new text begin After the effective date of rules adopted by the
board, no individual may perform medical laboratory tests unless that individual holds a
valid license under this chapter or is exempt from licensure under section 148E.02.
new text end

new text begin Subd. 2. new text end

new text begin Experienced medical laboratory science professionals transition. new text end

new text begin (a)
Any individual performing medical laboratory testing, who is certified by or eligible
to be certified by an agency acceptable to the board, may continue to perform medical
laboratory tests without the appropriate license until:
new text end

new text begin (1) expiration of 12 months after filing an application with the board;
new text end

new text begin (2) the denial of the application by the board; or
new text end

new text begin (3) the withdrawal of the application, whichever occurs first.
new text end

new text begin (b) This subdivision expires July 1, 2009.
new text end

new text begin Subd. 3. new text end

new text begin Employed medical laboratory science professional transition. new text end

new text begin (a) An
individual who does not meet the education, training, and experience qualifications for
any license described in this chapter on July 1, 2007, has until July 1, 2009, to apply for
a license under this subdivision.
new text end

new text begin (b) The board shall issue a license under this subdivision if the applicant:
new text end

new text begin (1) is practicing in the field on July 1, 2007, or has six months of acceptable
experience of at least half time (1040 hours per year) in the three years immediately
prior to July 1, 2007; and
new text end

new text begin (2) submits to the board the job description of the position, which the applicant has
most recently performed, attested to by the applicant's employer.
new text end

new text begin (c) The board shall determine which type of license the applicant is eligible for and
issue the license if the requirements of this subdivision are met.
new text end

new text begin (d) An initial license issued under this subdivision must be reviewed following the
procedures required under section 148E.09, provided the license is maintained without
interruption.
new text end

new text begin (e) This subdivision expires July 1, 2009.
new text end

Sec. 6.

new text begin [148E.06] STANDARDS FOR LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Medical laboratory scientist (MLS). new text end

new text begin The board shall issue a
medical laboratory scientist's license to an individual who:
new text end

new text begin (1) possesses a baccalaureate degree from a regionally accredited college or
university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Society for Clinical Pathology - Board of Registry, the National Credentialing
Agency, American Medical Technologists, or the state of Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Medical laboratory scientist, categorical. new text end

new text begin The board shall issue a
categorical medical laboratory scientist's license to an individual who:
new text end

new text begin (1) possesses a baccalaureate degree from a regionally accredited college or
university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Society for Clinical Pathology - Board of Registry, the National Credentialing
Agency, or American Medical Technologists.
new text end

new text begin Subd. 3. new text end

new text begin Medical laboratory technician (MLT). new text end

new text begin The board shall issue a medical
laboratory technician's license to an individual who:
new text end

new text begin (1) possesses an associate degree from a regionally accredited college or university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Society for Clinical Pathology - Board of Registry, the National Credentialing
Agency, American Medical Technologists, or the state of Minnesota.
new text end

new text begin Subd. 4. new text end

new text begin Medical laboratory specialist in molecular biology. new text end

new text begin The board shall
issue a medical laboratory specialist in molecular biology license to an individual who:
new text end

new text begin (1) possesses a baccalaureate degree from a regionally accredited college or
university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Society for Clinical Pathology - Board of Registry, or the National Credentialing
Agency.
new text end

new text begin Subd. 5. new text end

new text begin Medical laboratory specialist in cytogenetics. new text end

new text begin The board shall issue a
medical laboratory specialist in cytogenetics license to an individual who:
new text end

new text begin (1) possesses a baccalaureate degree from a regionally accredited college or
university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
National Credentialing Agency.
new text end

new text begin Subd. 6. new text end

new text begin Histocompatibility technologist. new text end

new text begin The board shall issue a medical
laboratory specialist in histocompatibility license to an individual who:
new text end

new text begin (1) possesses a baccalaureate degree from a regionally accredited college or
university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Board of Histocompatibility and Immunogenetics.
new text end

new text begin Subd. 7. new text end

new text begin Other specialists and categoricals. new text end

new text begin The board may license individuals
who have a baccalaureate degree in a science field and are employed in subspecialty
or esoteric clinical laboratories. Individuals applying for an initial license under this
subdivision are not required to take a certification examination. If a national examination
becomes available in the specific specialty area, the board may require an applicant or a
licensee upon renewal to pass the examination before a license is issued or renewed.
new text end

new text begin Subd. 8. new text end

new text begin Cytotechnologist. new text end

new text begin The board shall issue a cytotechnologist license to
an individual who:
new text end

new text begin (1) possesses a baccalaureate degree from a regionally accredited college or
university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Society for Clinical Pathology - Board of Registry.
new text end

new text begin Subd. 9. new text end

new text begin Histotechnologist. new text end

new text begin The board shall issue a histotechnologist license to
an individual who:
new text end

new text begin (1) possesses a baccalaureate degree from a regionally accredited college or
university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Society for Clinical Pathology - Board of Registry.
new text end

new text begin Subd. 10. new text end

new text begin Histotechnician. new text end

new text begin The board shall issue a histotechnician license to an
individual who:
new text end

new text begin (1) possesses an associate degree from a regionally accredited college or university;
new text end

new text begin (2) has board-approved medical laboratory experience and training; and
new text end

new text begin (3) passes a nationally recognized certification examination administered by the
American Society for Clinical Pathology - Board of Registry.
new text end

Sec. 7.

new text begin [148E.07] RECIPROCITY.
new text end

new text begin The board shall adopt rules providing procedures to waive the licensure requirements
for an applicant who holds a valid license or its equivalent issued by another state
provided that the requirements under which that license or its equivalent was issued are
equivalent to or exceed the standards required by this chapter. Once the license is up
for renewal, the applicant shall be issued a Minnesota license upon meeting the license
renewal requirements in section 148E.09.
new text end

Sec. 8.

new text begin [148E.08] LICENSURE APPLICATION PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin (a) Applicants must submit an application for licensure
to the board upon the forms prescribed and furnished by the board, and shall submit with
the application the designated application fee as specified in section 148E.15.
new text end

new text begin (b) Upon receipt of the application and the application fee, the board shall issue a
license for a medical laboratory scientist, a medical laboratory technician, or an appropriate
specialty license to an individual who meets the qualifications specified in this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Temporary license. new text end

new text begin (a) The board may issue a temporary license to an
applicant who:
new text end

new text begin (1) is eligible to sit for and registered to take a certification examination or has taken
the examination and is awaiting results; or
new text end

new text begin (2) meets the educational requirements for licensure and is seeking to qualify for
the certification examination by completing the required supervised medical laboratory
experience.
new text end

new text begin (b) A temporary license shall be issued for a 12-month period and may be renewed
for two additional 12-month periods at the discretion of the board. A temporary license
expires 12 months after it is issued or on the date the board issues or denies a permanent
license to the holder.
new text end

new text begin (c) A temporary license authorizes the holder to perform medical laboratory tests
only in the area of practice for which the individual seeks to be permanently licensed.
new text end

Sec. 9.

new text begin [148E.09] LICENSURE RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Renewal term. new text end

new text begin Licenses issued under this chapter must be renewed
every three years. The renewal term is the effective date of the initial license or renewed
license to the date of expiration of the license.
new text end

new text begin Subd. 2. new text end

new text begin Renewal applications. new text end

new text begin In order to renew a license, a licensee must submit:
new text end

new text begin (1) a completed and signed application for renewal on a form prescribed by the board;
new text end

new text begin (2) the applicable renewal fee as specified in section 148E.15; and
new text end

new text begin (3) documentation that the licensee has completed continuing education requirements
as prescribed by the board.
new text end

Sec. 10.

new text begin [148E.10] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin (a) The board may impose disciplinary action as described in paragraph (b) against
an applicant or licensee whom the board, by a preponderance of the evidence, determines:
new text end

new text begin (1) has violated a statute, rule, or order that the board issued or is empowered to
enforce;
new text end

new text begin (2) has been convicted of or pled guilty to a felony or misdemeanor, an essential
element of which is dishonesty, or of any crime which is directly related to the practice of
the profession;
new text end

new text begin (3) has made a misrepresentation for the purpose of obtaining licensure;
new text end

new text begin (4) violated any standard of professional conduct adopted by the board;
new text end

new text begin (5) engaged in dishonorable, unethical, or unprofessional conduct of a character
likely to deceive, defraud, or harm the public;
new text end

new text begin (6) performed professional services while mentally incompetent or under the
influence of alcohol, narcotics or controlled dangerous substances that is in excess of
therapeutic amounts or without valid medical indication;
new text end

new text begin (7) aided or assisted another person in violating any provision of this chapter or
any rule adopted hereunder; or
new text end

new text begin (8) made any misrepresentation with regard to the existence or category of license or
other certification or professional qualification held in connection with any employment
application.
new text end

new text begin (b) If grounds for disciplinary action exist under paragraph (a), the board may take
one or more of the following actions:
new text end

new text begin (1) refuse to grant or renew a license;
new text end

new text begin (2) revoke a license;
new text end

new text begin (3) suspend a license;
new text end

new text begin (4) impose limitations or conditions on a license, including requiring the licensee to
practice under supervision, or conditioning continued practice on the demonstration of
knowledge or skill by appropriate examination or other review of skill and competence;
new text end

new text begin (5) censure or reprimand the licensee; or
new text end

new text begin (6) impose a civil penalty not exceeding $10,000 for each separate violation,
the amount of the civil penalty to be fixed so as to deprive the applicant or licensee
of any economic advantage gained by reason of the violation charged, to discourage
similar violations, or to reimburse the board for the cost of the investigation and
proceeding including, but not limited to, fees paid for services provided by the Office of
Administrative Hearings, legal and investigative services provided by the Office of the
Attorney General, court reporters, witnesses, reproduction of records, board members'
per diem compensation, board staff time, and travel costs and expenses incurred by board
staff and board members.
new text end

new text begin (c) In lieu of or in addition to paragraph (b), the board may require, as a condition
of continued licensure, termination of suspension or reinstatement of license that the
applicant or licensee:
new text end

new text begin (1) submit to a quality review, as specified by the board, of the applicant's or
licensee's ability, skills, or quality of work; and
new text end

new text begin (2) complete to the satisfaction of the board educational courses or training specified
by the board.
new text end

new text begin The board may also refer a licensee, if appropriate, to the health professionals services
program described in sections to .
new text end

Sec. 11.

new text begin [148E.11] TEMPORARY SUSPENSION OF LICENSE.
new text end

new text begin (a) In addition to any other remedy provided by law, the board may issue an order to
temporarily suspend the credentials of a licensee after conducting a preliminary inquiry to
determine if the board reasonably believes that the licensee has violated a statute or rule
that the board is empowered to enforce and whether continued practice by the licensee
would create an imminent risk of harm to others.
new text end

new text begin (b) The order may prohibit the licensee from performing medical laboratory tests in
whole or in part and may condition the end of a suspension on the licensee's compliance
with a statute, rule, or order that the board has issued or is empowered to enforce.
new text end

new text begin (c) The order shall give notice of the right to a hearing according to this section and
shall state the reasons for the entry of the order.
new text end

new text begin (d) Service of the order is effective when the order is served on the licensee
personally or by certified mail, which is complete upon receipt, refusal, or return for
nondelivery to the most recent address provided to the board for the licensee.
new text end

new text begin (e) At the time the board issues a temporary suspension order, the board shall
schedule a hearing to be held before its own members. The hearing shall begin no later
than 60 days after issuance of the temporary suspension order or within 15 working
days of the date of the board's receipt of a request for hearing by a licensee, on the sole
issue of whether there is a reasonable basis to continue, modify, or lift the temporary
suspension. The hearing is not subject to chapter 14. Evidence presented by the board
or the licensee shall be in affidavit form only. The licensee or counsel of record may
appear for oral argument.
new text end

new text begin (f) Within five working days of the hearing, the board shall issue its order and, if the
suspension is continued, schedule a contested case hearing within 30 days of the issuance
of the order. Notwithstanding chapter 14, the administrative law judge shall issue a report
within 30 days after closing the contested case hearing record. The board shall issue a
final order within 30 days of receipt of the administrative law judge's report.
new text end

Sec. 12.

new text begin [148E.12] MENTAL, PHYSICAL, OR CHEMICAL DEPENDENCY
EXAMINATION OR EVALUATION; ACCESS TO MEDICAL DATA.
new text end

new text begin (a) If the board has probable cause to believe section new text begin 148E.10, paragraph (a) new text end ,
clause (6), applies to a licensee or applicant, the board may direct the individual to
submit to a mental, physical, or chemical dependency examination or evaluation. For the
purpose of this section, every licensee and applicant is deemed to have consented to
submit to a mental, physical, or chemical dependency examination or evaluation when
directed in writing by the board and to have waived all objections to the admissibility of
the examining professionals' testimony or examination reports on the grounds that the
testimony or examination reports constitute a privileged communication. Failure of a
licensee or applicant to submit to an examination when directed by the board constitutes
an admission of the allegations against the individual, unless the failure was due to
circumstances beyond the individual's control, in which case a default and final order
may be entered without the taking of testimony or presentation of evidence. A licensee
or applicant affected under this paragraph shall at reasonable intervals be given an
opportunity to demonstrate that the individual can resume performing medical laboratory
testing with reasonable skill and safety to the public. In any proceeding under this
paragraph, neither the record of proceedings nor the orders entered by the board shall be
used against a licensee or applicant in any other proceeding.
new text end

new text begin (b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section , , or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the licensee's or applicant's consent if the board has probable cause to believe
that section new text begin 148E.10, paragraph (a) new text end , clause (6), applies to the licensee or applicant. The
medical data may be requested from a provider, as defined in section new text begin 144.335, subdivision
1 new text end , paragraph (b), an insurance company, or a government agency. A provider, insurance
company, or government agency shall comply with any written request of the board under
this subdivision and is not liable in any action for damages for releasing the data requested
by the board if the data are released pursuant to a written request under this subdivision,
unless the information is false and the provider giving the information knew, or had reason
to believe, the information was false. Information obtained under this subdivision is
classified as private under chapter 13.
new text end

Sec. 13.

new text begin [148E.13] PROFESSIONAL COOPERATION; APPLICANT OR
LICENSEE.
new text end

new text begin An applicant or a licensee who is the subject of an investigation or who is questioned
in connection with an investigation by or on behalf of the board shall cooperate fully with
the investigation. Cooperation includes responding fully and promptly to any question
raised by or on behalf of the board relating to the subject of the investigation, executing
all releases requested by the board, providing copies of client and other records in the
applicant's or licensee's possession relating to the matter under investigation and executing
releases for records, as reasonably requested by the board, and appearing at conferences or
hearings scheduled by the board. The board shall pay for copies requested. The board
shall be allowed access to any records of a client provided services by the applicant or
licensee under review. If the client has not signed a consent permitting access to the
client's records, the applicant or licensee shall delete any data in the record that identifies
the client before providing them to the board. The board shall maintain any records
obtained under this section as investigative data under chapter 13.
new text end

Sec. 14.

new text begin [148E.14] IMMUNITY.
new text end

new text begin Subdivision 1. new text end

new text begin Reporting. new text end

new text begin A person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for reporting to the board violations or
alleged violations of this chapter. All such reports are classified under section 13.41.
new text end

new text begin Subd. 2. new text end

new text begin Investigation. new text end

new text begin Members of the board, persons employed by the board,
and consultants retained by the board for the purpose of investigation of violations or the
preparation and management of charges of violations of this chapter on behalf of the board
are immune from civil liability and criminal prosecution for any actions, transactions, or
publications in the execution of, or relating to, their duties under this chapter.
new text end

Sec. 15. new text begin [148E.15] FEES.
new text end

new text begin (a) The fees specified in paragraph (b) are not refundable and must be deposited in
the state government special revenue fund.
new text end

new text begin (b) The fees are as follows:
new text end

new text begin (1) initial application licensure fee is $.......;
new text end

new text begin (2) renewal fee for licensure is $.......; and
new text end

new text begin (3) late fees are $........
new text end

Sec. 16. new text begin INITIAL BOARD OF MEDICAL LABORATORY SCIENCE.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 148E.03, members of the first board
appointed under Minnesota Statutes, section 148E.03, need not be licensed, but must meet
all qualifications for licensure under Minnesota Statutes, chapter 148E.
new text end

new text begin (b) The initial board shall be appointed by October 1, 2007, and shall include:
new text end

new text begin (1) a pathologist, a nonphysician laboratory director, and a medical laboratory
scientist to be appointed to serve for three years;
new text end

new text begin (2) a public representative and a nonpathologist physician to be appointed to serve
for two years; and
new text end

new text begin (3) the remaining members to be appointed to serve for one year.
new text end