HF 2555

8th Engrossment - 87th Legislature (2011 - 2012) Posted on 05/09/2012 02:15pm

A bill for an act
relating to state government; implementing changes to the sunset review
process and permitting the Sunset Advisory Commission to enter into contracts;
requiring a review of the Emergency Medical Services Regulatory Board,
Council on Affairs of Chicano/Latino People, Council on Black Minnesotans,
Council on Asian-Pacific Minnesotans, Indian Affairs Council, and the Council
on Disabilities in 2014; requiring a financial audit of the Council on Black
Minnesotans; requiring a review of the sunset process in 2018; changing
certain agency requirements; requiring posting of convictions of felonies, gross
misdemeanors, malpractice judgements, and disciplinary or corrective actions for
a regulated practitioner; requiring a study to establish uniform criminal history
background checks for regulated practitioners; requiring a report on conduct
constituting grounds for discipline and penalties for failure to report; establishing
a work group to evaluate the effectiveness of the Medical Practice Act for certain
circumstances; requiring certain other reports; requesting a legislative audit of
the Board of Medical Practice; abolishing the Combative Sports Commission and
transferring combative sports duties to the commissioner of labor and industry;
establishing a Combative Sports Advisory Council; changing provisions for
health-related licensing boards; appropriating money; amending Minnesota
Statutes 2010, sections 3.922, by adding a subdivision; 3.9223, subdivision 7;
3.9225, subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by
adding a subdivision; 148.102, by adding a subdivision; 148.261, subdivision 1;
148.263, by adding a subdivision; 148.5194, subdivision 5; 148.6445, subdivision
10; 148B.07, by adding a subdivision; 148C.095, by adding a subdivision;
148E.285, by adding a subdivision; 150A.13, by adding a subdivision; 153.24,
by adding a subdivision; 153A.17; 214.06, subdivisions 1, 1a, by adding a
subdivision; 214.09, by adding a subdivision; 214.103; 341.21, by adding a
subdivision; 341.23; 341.27; 341.271; 341.28, subdivision 1; 341.37; Minnesota
Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21, subdivisions 2, 4;
proposing coding for new law in Minnesota Statutes, chapters 3D; 16B; 214;
341; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03;
138A.04; 138A.05; 138A.06; 341.21, subdivisions 3, 4a; 341.22; 341.24; 341.26;
Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1.

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

ARTICLE 1

SUNSET REVIEW

Section 1.

Minnesota Statutes 2011 Supplement, section 3D.04, is amended to read:

3D.04 STAFF new text begin ; CONTRACTS new text end .

The Legislative Coordinating Commission shall provide staff and administrative
services for the commission. new text begin The Sunset Advisory Commission may enter into contracts
for evaluations of agencies under review.
new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:

3D.06 AGENCY REPORT TO COMMISSION.

new text begin (a) new text end Before September 1 of the odd-numbered year before the year in which a
state agency is subject to sunset review, the agency commissioner shall report to the
commission:

(1) information regarding the application to the agency of the criteria in section
3D.10;

(2) deleted text begin a priority-based deleted text end new text begin an outcome-based new text end budget for the agency;

(3) an inventory of all boards, commissions, committees, and other entities related
to the agency; and

(4) any other information that the agency commissioner considers appropriate or that
is requested by the commission.

deleted text begin The September 1 deadline in this section does not apply in 2011.
deleted text end

new text begin (b) The outcome-based budget required by paragraph (a) must be for each of the
agency's activities, as the term activity is used in state budgeting and must:
new text end

new text begin (1) identify the statutory authority for the activity;
new text end

new text begin (2) include one or more performance goals and associated performance measures
that measure outcomes, not inputs;
new text end

new text begin (3) discuss the extent to which each performance measure is reliable and verifiable,
and can be accurately measured;
new text end

new text begin (4) discuss the extent to which the agency has met each performance measure, and
the extent to which the budget devoted to the activity has permitted or prevented the
agency from meeting its performance goals;
new text end

new text begin (5) discuss efficiencies that would allow the agency to better meet its goals; and
new text end

new text begin (6) identify agencies at any level of government or private sector entities that provide
the same activities, and describe agency interaction with the activities provided by others.
new text end

Sec. 3.

Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended
to read:

Subd. 2.

Group 2.

The following agencies are sunset and, except as provided in
section 3D.14, expire on June 30, 2014: Department of Health, Department of Human
Services, Department of Human Rights, Department of Education, Board of Teaching,
Minnesota Office of Higher Education, new text begin Emergency Medical Services Regulatory Board,
Council on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on
Asian-Pacific Minnesotans, Indian Affairs Council, new text end and all advisory groups associated
with these agencies.

Sec. 4.

Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 4, is amended
to read:

Subd. 4.

Group 4.

The following agencies are sunset and, except as provided
in section 3D.14, expire on June 30, 2018: Department of Corrections, Department of
Public Safety, Department of Transportation, Peace Officer Standards and Training
Board, new text begin Capitol Area Architectural and Planning Board, Amateur Sports Commission, all
health-related licensing boards listed in section 214.01, Council on Disability, new text end and all
advisory groups associated with these agencies.

Sec. 5. new text begin COUNCIL ON BLACK MINNESOTANS.
new text end

new text begin The Office of the Legislative Auditor should conduct a financial audit of the Council
on Black Minnesotans by December 1, 2013. In its next report to the Sunset Advisory
Commission, the Council on Black Minnesotans must respond to any issues raised in this
audit and to issues raised in previous audits.
new text end

Sec. 6. new text begin REVIEW OF SUNSET PROCESS.
new text end

new text begin The Office of the Legislative Auditor is requested to conduct a review of the sunset
process in Minnesota Statutes, chapter 3D. The review should be conducted in 2018.
The legislative auditor is requested to present the result of the review in a report to the
Legislative Audit Commission and Sunset Advisory Commission.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

ARTICLE 2

ADMINISTRATIVE PROCEDURES AND FEES

Section 1.

Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin The council shall prepare and submit a report to the governor and
legislature by November 15 of each year. The report shall summarize the activities of the
council since its last report, list receipts and expenditures, identify the major problems and
issues confronting American Indian people, make recommendations to address issues,
and list the specific objectives that the council seeks to attain during the biennium. The
council shall report on outcome measures.
new text end

Sec. 2.

Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:

Subd. 7.

Report.

The council shall prepare and deleted text begin distribute deleted text end new text begin submit new text end a report to the
governor and legislature by November 15 of each deleted text begin even-numbered deleted text end year. The report shall
summarize the activities of the council since its last report, list receipts and expenditures,
identify the major problems and issues confronting Chicano/Latino people, new text begin make
recommendations to address issues, new text end and list the specific objectives that the council seeks
to attain during the next biennium. new text begin The council shall report on outcome measures.
new text end

Sec. 3.

Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:

Subd. 7.

Report.

The council shall prepare and deleted text begin distribute deleted text end new text begin submit new text end a report to the
governor and legislature by November 15 of each deleted text begin even-numbered deleted text end year. The report shall
summarize the activities of the council since its last report, list receipts and expenditures,
identify the major problems and issues confronting Black people, new text begin make recommendations
to address issues, new text end and list the specific objectives which the council seeks to attain during
the next biennium. new text begin The council shall report on outcome measures.
new text end

Sec. 4.

Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:

Subd. 7.

Report.

The council shall prepare and deleted text begin distribute deleted text end new text begin submit new text end a report to the
governor and legislature by November 15 of each deleted text begin even-numbered deleted text end year. The report
shall summarize the activities of the council since its last report, list receipts and
expenditures, identify the major problems and issues confronting Asian-Pacific people,
new text begin make recommendations to address issues, new text end and list the specific objectives that the council
seeks to attain during the next biennium. new text begin The council shall report on outcome measures.
new text end

Sec. 5.

new text begin [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.
new text end

new text begin To the extent possible, the commission and the Office of the Legislative Auditor
shall align their work so that audits and program evaluations conducted by the Office
of the Legislative Auditor can inform the work of the commission. The commission
may request the Office of the Legislative Auditor to provide updates on financial audits
and program evaluations the Office of the Legislative Auditor has prepared on agencies
scheduled for Sunset Advisory Commission review.
new text end

Sec. 6.

new text begin [3D.065] REPORT ON PERSONNEL.
new text end

new text begin By September 1 of the odd-numbered year before the year in which a state agency is
subject to sunset review, the commissioner of management and budget must report to the
Sunset Advisory Commission on the number of full-time equivalent employees and the
salary structure for each agency under review.
new text end

Sec. 7.

new text begin [16B.371] ASSISTANCE TO SMALL AGENCIES.
new text end

new text begin (a) The commissioner may provide administrative support services to small agencies.
To promote efficiency and cost-effective use of state resources, and to improve financial
controls, the commissioner may require a small agency to receive administrative support
services through the Department of Administration or through another agency designated
by the commissioner. Services subject to this section include finance, accounting, payroll,
purchasing, human resources, and other services designated by the commissioner. The
commissioner may determine what constitutes a small agency for purposes of this section.
The commissioner, in consultation with the commissioner of management and budget and
small agencies, shall evaluate small agencies' needs for administrative support services.
If the commissioner provides administrative support services to a small agency, the
commissioner must enter into a service level agreement with the agency, specifying the
services to be provided and the costs and anticipated outcomes of the services.
new text end

new text begin (b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the
Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota
State Council on Disability must use the services specified in paragraph (a).
new text end

new text begin (c) The commissioner of administration may assess agencies for services it provides
under this section. The amounts assessed are appropriated to the commissioner.
new text end

new text begin (d) For agencies covered in this section, the commissioner has the authority to require
the agency to comply with applicable state finance, accounting, payroll, purchasing, and
human resources policies. The agencies served retain the ownership and responsibility for
spending decisions and for ongoing implementation of appropriate business operations.
new text end

Sec. 8.

Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:

Subd. 4.

Disclosure.

Subject to the exceptions listed in this subdivision, all
communications or information received by or disclosed to the board relating to any
person or matter subject to its regulatory jurisdiction are confidential and privileged and
any disciplinary hearing shall be closed to the public.

(a) Upon application of a party in a proceeding before the board under section
147.091, the board shall produce and permit the inspection and copying, by or on behalf of
the moving party, of any designated documents or papers relevant to the proceedings, in
accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.

(b) If the board new text begin takes corrective action or new text end imposes disciplinary measures of any kind,
whether by contested case or by settlement agreement, the name and business address of
the licensee, the nature of the misconduct, and the action taken by the board are public
data. If disciplinary action is taken by settlement agreement, the entire agreement is public
data. The board shall decide disciplinary matters, whether by settlement or by contested
case, by roll call vote. The votes are public data.

(c) The board shall exchange information with other licensing boards, agencies, or
departments within the state, as required under section 214.10, subdivision 8, paragraph
(c), and may release information in the reports required under section 147.02, subdivision
6.

(d) The board shall upon request furnish to a person who made a complaint, or the
alleged victim of a violation of section 147.091, subdivision 1, paragraph (t), or both, a
description of the activities and actions of the board relating to that complaint, a summary
of the results of an investigation of that complaint, and the reasons for actions taken
by the board.

(e) A probable cause hearing held pursuant to section 147.092 shall be closed to the
public, except for the notices of hearing made public by operation of section 147.092.

(f) Findings of fact, conclusions, and recommendations issued by the administrative
law judge, and transcripts of oral arguments before the board pursuant to a contested case
proceeding in which an administrative law judge found a violation of section 147.091,
subdivision 1, paragraph (t), are public data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all corrective action taken on
or after August 1, 2012.
new text end

Sec. 9.

Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, health care
facility, business, or organization that fails to report as required under subdivisions 2 to 6
shall be subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 10.

Minnesota Statutes 2010, section 148.102, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person or insurer that
fails to report as required under subdivisions 2 to 4 shall be subject to civil penalties for
failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 11.

Minnesota Statutes 2010, section 148.261, subdivision 1, is amended to read:

Subdivision 1.

Grounds listed.

The board may deny, revoke, suspend, limit, or
condition the license and registration of any person to practice professional, advanced
practice registered, or practical nursing under sections 148.171 to 148.285, or to otherwise
discipline a licensee or applicant as described in section 148.262. The following are
grounds for disciplinary action:

(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in sections 148.171 to 148.285 or rules of the board. In the case of a person
applying for a license, the burden of proof is upon the applicant to demonstrate the
qualifications or satisfaction of the requirements.

(2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
or registration certificate to practice professional or practical nursing or attempting to
subvert the licensing examination process. Conduct that subverts or attempts to subvert
the licensing examination process includes, but is not limited to:

(i) conduct that violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of
any portion of a future, current, or previously administered licensing examination;

(ii) conduct that violates the standard of test administration, such as communicating
with another examinee during administration of the examination, copying another
examinee's answers, permitting another examinee to copy one's answers, or possessing
unauthorized materials; or

(iii) impersonating an examinee or permitting an impersonator to take the
examination on one's own behalf.

(3) Conviction deleted text begin during the previous five years deleted text end of a felony or gross misdemeanor
reasonably related to the practice of professional, advanced practice registered, or practical
nursing. Conviction as used in this subdivision includes a conviction of an offense that if
committed in this state would be considered a felony or gross misdemeanor without regard
to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is
made or returned but the adjudication of guilt is either withheld or not entered.

(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
against the person's professional or practical nursing license or advanced practice
registered nursing credential, in another state, territory, or country; failure to report to the
board that charges regarding the person's nursing license or other credential are pending in
another state, territory, or country; or having been refused a license or other credential by
another state, territory, or country.

(5) Failure to or inability to perform professional or practical nursing as defined in
section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure
of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
performance of acts by any person working at the nurse's direction.

(6) Engaging in unprofessional conduct, including, but not limited to, a departure
from or failure to conform to board rules of professional or practical nursing practice that
interpret the statutory definition of professional or practical nursing as well as provide
criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
acceptable and prevailing professional or practical nursing practice, or any nursing
practice that may create unnecessary danger to a patient's life, health, or safety. Actual
injury to a patient need not be established under this clause.

(7) Failure of an advanced practice registered nurse to practice with reasonable
skill and safety or departure from or failure to conform to standards of acceptable and
prevailing advanced practice registered nursing.

(8) Delegating or accepting the delegation of a nursing function or a prescribed
health care function when the delegation or acceptance could reasonably be expected to
result in unsafe or ineffective patient care.

(9) Actual or potential inability to practice nursing with reasonable skill and safety
to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
as a result of any mental or physical condition.

(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
person, or a person dangerous to the public by a court of competent jurisdiction, within or
without this state.

(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
for the health, welfare, or safety of a patient. Actual injury need not be established under
this clause.

(12) Engaging in conduct with a patient that is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.

(13) Obtaining money, property, or services from a patient, other than reasonable
fees for services provided to the patient, through the use of undue influence, harassment,
duress, deception, or fraud.

(14) Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.

(15) Engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws.

(16) Improper management of patient records, including failure to maintain adequate
patient records, to comply with a patient's request made pursuant to sections 144.291 to
144.298, or to furnish a patient record or report required by law.

(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
engage in the unlawful practice of professional, advanced practice registered, or practical
nursing.

(18) Violating a rule adopted by the board, an order of the board, or a state or federal
law relating to the practice of professional, advanced practice registered, or practical
nursing, or a state or federal narcotics or controlled substance law.

(19) Knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo.

(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;

(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;

(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or

(iv) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2.

(21) Practicing outside the scope of practice authorized by section 148.171,
subdivision 5, 10, 11, 13, 14, 15, or 21.

(22) Practicing outside the specific field of nursing practice for which an advanced
practice registered nurse is certified unless the practice is authorized under section 148.284.

(23) Making a false statement or knowingly providing false information to the
board, failing to make reports as required by section 148.263, or failing to cooperate with
an investigation of the board as required by section 148.265.

(24) Engaging in false, fraudulent, deceptive, or misleading advertising.

(25) Failure to inform the board of the person's certification status as a nurse
anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.

(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
practitioner practice, or registered nurse anesthetist practice without current certification
by a national nurse certification organization acceptable to the board, except during the
period between completion of an advanced practice registered nurse course of study and
certification, not to exceed six months or as authorized by the board.

(27) Engaging in conduct that is prohibited under section 145.412.

(28) Failing to report employment to the board as required by section 148.211,
subdivision 2a, or knowingly aiding, assisting, advising, or allowing a person to fail to
report as required by section 148.211, subdivision 2a.

Sec. 12.

Minnesota Statutes 2010, section 148.263, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 13.

Minnesota Statutes 2010, section 148.5194, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Nonrefundable deleted text end new text begin Use of new text end fees.

All fees are nonrefundable. new text begin The commissioner
shall only use fees collected under this section for the purposes of administering this
chapter. The legislature must not transfer money generated by these fees from the state
government special revenue fund to the general fund. Surcharges collected by the
commissioner of health under section 16E.22 are not subject to this subdivision.
new text end

Sec. 14.

Minnesota Statutes 2010, section 148.6445, subdivision 10, is amended to
read:

Subd. 10.

deleted text begin Nonrefundable deleted text end new text begin Use of new text end fees.

All fees are nonrefundable. new text begin The
commissioner shall only use fees collected under this section for the purposes of
administering this chapter. The legislature must not transfer money generated by these fees
from the state government special revenue fund to the general fund. Surcharges collected
by the commissioner of health under section 16E.22 are not subject to this subdivision.
new text end

Sec. 15.

Minnesota Statutes 2010, section 148B.07, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 16.

Minnesota Statutes 2010, section 148C.095, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 17.

Minnesota Statutes 2010, section 148E.285, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution, or
organization that fails to report as required under subdivisions 1 and 2 shall be subject
to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 18.

Minnesota Statutes 2010, section 150A.13, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution,
insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be
subject to civil penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 19.

Minnesota Statutes 2010, section 153.24, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Failure to report. new text end

new text begin On or after August 1, 2012, any person, institution, or
insurer that fails to report as required under subdivisions 2 to 5 shall be subject to civil
penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2012.
new text end

Sec. 20.

Minnesota Statutes 2010, section 153A.17, is amended to read:

153A.17 EXPENSES; FEES.

(a) The expenses for administering the certification requirements, including the
complaint handling system for hearing aid dispensers in sections 153A.14 and 153A.15,
and the Consumer Information Center under section 153A.18, must be paid from initial
application and examination fees, renewal fees, penalties, and fines. new text begin The commissioner
shall only use fees collected under this section for the purposes of administering this
chapter. The legislature must not transfer money generated by these fees from the state
government special revenue fund to the general fund. Surcharges collected by the
commissioner of health under section 16E.22 are not subject to this paragraph.
new text end

(b) The fees are as follows:

(1) the initial and annual renewal certification application fee is $600;

(2) the initial examination fee for the written portion is $500, and for each time it
is taken, thereafter;

(3) the initial examination fee for the practical portion is $1,200, and $600 for each
time it is taken, thereafter; for individuals meeting the requirements of section 148.515,
subdivision 2, the fee for the practical portion of the hearing instrument dispensing
examination is $250 each time it is taken;

(4) the trainee application fee is $200;

(5) the penalty fee for late submission of a renewal application is $200; and

(6) the fee for verification of certification to other jurisdictions or entities is $25.

(c) The commissioner may prorate the certification fee for new applicants based on
the number of quarters remaining in the annual certification period.

(d) All fees are nonrefundable. All fees, penalties, and fines received must be
deposited in the state government special revenue fund.

(e) Beginning July 1, 2009, until June 30, 2016, a surcharge of $100 shall be paid
at the time of initial certification application or renewal to recover the commissioner's
accumulated direct expenditures for administering the requirements of this chapter.

Sec. 21.

Minnesota Statutes 2010, section 214.06, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Fee adjustment deleted text end new text begin Fees to recover expenditures new text end .

deleted text begin Notwithstanding
any law to the contrary, the commissioner of health as authorized by section 214.13, all
health-related licensing boards and all non-health-related licensing boards shall by rule,
with the approval of the commissioner of management and budget, adjust, as needed,
any fee which the commissioner of health or the board is empowered to assess. deleted text end new text begin The
commissioner of health as authorized by section 214.13 and all health-related licensing
boards and non-health-related licensing boards shall propose or adjust any fee according
to section 16A.1283. new text end As provided in section 16A.1285, the deleted text begin adjustment deleted text end new text begin fees new text end shall be
an amount sufficient so that the total fees collected by each board will be based on
anticipated expenditures, including expenditures for the programs authorized by sections
214.10, 214.103, 214.11, 214.17 to 214.24, 214.28 to 214.37, and 214.40, except that a
health-related licensing board may have anticipated expenditures in excess of anticipated
revenues in a biennium by using accumulated surplus revenues from fees collected by
that board in previous bienniums. new text begin A health-related licensing board may accumulate up to
one year of operating funds, and then shall propose a fee reduction according to section
16A.1283. new text end A health-related licensing board shall not spend more money than the amount
appropriated by the legislature for a biennium. For members of an occupation registered
after July 1, 1984, by the commissioner of health under the provisions of section 214.13,
the fee established must include an amount necessary to recover, over a five-year period,
the commissioner's direct expenditures for adoption of the rules providing for registration
of members of the occupation. All fees received shall be deposited in the state treasury.

Sec. 22.

Minnesota Statutes 2010, section 214.06, subdivision 1a, is amended to read:

Subd. 1a.

Health occupations licensing account.

new text begin (a) new text end Fees received by the
commissioner of health or health-related licensing boards must be credited to the health
occupations licensing account in the state government special revenue fund. The
commissioner of management and budget shall ensure that the revenues and expenditures
of each health-related licensing board are tracked separately in the health occupations
licensing account.

new text begin (b) The fees collected must be used only by the boards identified in section 214.01,
subdivision 2, and only for the purposes of the programs they administer. The legislature
must not transfer money generated by these fees from the state government special
revenue fund to the general fund. Surcharges collected by a health-related licensing board
under section 16E.22 are not subject to this subdivision.
new text end

Sec. 23.

Minnesota Statutes 2010, section 214.06, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Health-related licensing boards; surcharges. new text end

new text begin When a health-related
licensing board imposes a surcharge, the surcharge must not be incorporated as a fee
increase, but must be made as a separate assessment to be paid by the individuals regulated
by the board.
new text end

Sec. 24.

new text begin [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.
new text end

new text begin (a) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, are
required to post on its public Web site the name and business address of each regulated
individual who has:
new text end

new text begin (1) a conviction of a felony or gross misdemeanor occurring on or after July 1,
2013, in any state or jurisdiction;
new text end

new text begin (2) a malpractice judgment occurring on or after July 1, 2013, against the regulated
individual in any state or jurisdiction. Information describing judgments shall be
developed by the boards and the commissioner, shall be stated in plain English, and shall
ensure the public understands the context of actions involving licensees; or
new text end

new text begin (3) any disciplinary or corrective action or restriction of privileges taken against the
individual's license by the commissioner or a state licensing board in this state or in any
other state or jurisdiction. The Web site shall identify the basis for disciplinary action, the
type of disciplinary action taken, and whether the action was taken by the commissioner
or a licensing board in this or another state or the federal government. This clause shall
not include any action or restriction imposed through an agreement with a regulated
individual and the health professionals services program under sections 214.31 to 214.37.
new text end

new text begin (b) The information described in this section shall be posted for new licensees
issued a license on or after July 1, 2013, and for current licensees upon license renewal
occurring on or after July 1, 2013.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 25.

new text begin [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
new text end

new text begin Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall
require an applicant on or after August 1, 2012, to provide the individual's primary
business address at the time of initial application and all subsequent renewals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26. new text begin REPORT; HEALTH-RELATED LICENSING BOARD AND
COMMISSIONER OF HEALTH BACKGROUND CHECKS.
new text end

new text begin The health-related licensing boards and the commissioner of health shall jointly
study and make recommendations for establishing uniform criminal history background
check requirements applicable to applicants and regulated individuals under their
jurisdiction. The study must include procedures for conducting background checks,
payment of costs, circumstances under which federal background checks are to be
conducted, and the standard to be applied to determine whether a criminal record may
disqualify an individual from licensure or a regulated occupation. By January 15, 2013,
the boards and the commissioner shall submit a report and draft legislation to the chair
and ranking minority member of the senate and house of representatives committees with
jurisdiction over health and human services and data practices issues.
new text end

Sec. 27. new text begin HEALTH-RELATED LICENSING BOARDS REPORTING
OBLIGATIONS.
new text end

new text begin (a) By January 15, 2013, the health-related boards and the commissioner of health,
as the regulator for occupational therapy practitioners, speech-language pathologists,
audiologists, and hearing instrument dispensers, shall jointly study and submit draft
legislation to the Sunset Commission and the chairs and ranking minority members of
the legislative committees with jurisdiction over health and human services developing
consistent reporting requirements that require institutions, professional societies, other
licensed professionals, courts, insurers, and other entities to report conduct constituting
grounds for disciplinary action to the respective regulatory entity. The study and draft
legislation shall include a self-reporting requirement that requires the licensed individual
to report to the respective regulatory entity any action that would require a report to be
filed by another specified entity. The study and draft legislation shall also include penalties
that may be imposed for failure to report.
new text end

new text begin (b) Health-related boards with existing statutory reporting obligations shall
participate to ensure that the existing reporting requirements are consistent with the
recommended requirements and draft legislation.
new text end

Sec. 28. new text begin SUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH
REVIEW.
new text end

new text begin The Sunset Advisory Commission review of the Department of Health in 2013
and 2014 must include an analysis of the extent to which health occupations should be
licensed by the Department of Health, and which occupations should be licensed by
licensing boards.
new text end

Sec. 29. new text begin REPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING
BOARDS.
new text end

new text begin The health-related licensing boards and the attorney general shall review and
make recommendations to the legislature by January 15, 2013, on the respective roles
of the boards and the attorney general in conducting investigations of licensees of the
health-related licensing boards.
new text end

Sec. 30. new text begin REPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
new text end

new text begin The commissioner of administration, in conjunction with the health-related licensing
boards identified in Minnesota Statutes, section 214.01, and the Office of Enterprise
Technology utilizing business rules from the health licensing boards shall report to the
legislature by January 15, 2013, the best system for providing electronic licensing,
disciplinary, regulatory, and investigative services for the health-related licensing boards.
Any costs incurred in preparing this report must be paid from surcharges collected under
Minnesota Statutes, section 16E.22.
new text end

Sec. 31. new text begin REPORT; HEALTH-RELATED LICENSING BOARD FEES.
new text end

new text begin Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall
report to the chair and lead minority member of the senate and house of representatives
committees with jurisdiction over health and human services finance by January 15, 2013,
on the degree to which fees imposed comply with Minnesota Statutes, sections 214.055
and 214.06, for the health-related licensing boards or Minnesota Statutes, section 144.122,
for the commissioner of health. If a board determines that its fees are expected to produce
more revenue than needed to recover expenditures during a five-year period, the board
must propose reductions in those fees according to section 16A.1283.
new text end

Sec. 32. new text begin REPORTS; ADMINISTRATIVE SUPPORT SERVICES.
new text end

new text begin (a) The commissioner of administration shall report to the legislature by January 15,
2013, on use of the SMART program by executive branch agencies.
new text end

new text begin (b) The administrative services unit of health-related licensing boards shall report to
the legislature by January 15, 2013, evaluating use of the units' services by health-related
licensing boards.
new text end

Sec. 33. new text begin MEDICAL PRACTICE ACT; STUDY.
new text end

new text begin (a) The commissioner of health shall convene a working group to evaluate the state's
Medical Practice Act to ensure that it effectively protects the safety and well-being of the
citizens of the state and allows transparency. In this evaluation, the working group shall
consider practice acts in other states, including conduct that may result in disciplinary
action.
new text end

new text begin (b) The working group shall consist of 15 members, comprised and appointed as
follows:
new text end

new text begin (1) two members of the Board of Medical Practice appointed by the Board of
Medical Practice;
new text end

new text begin (2) two practicing physicians appointed by the Minnesota Medical Association;
new text end

new text begin (3) two medical educators, one representing the University of Minnesota and
appointed by the commissioner of health and one representing the Mayo Clinic and
appointed by the commissioner of health;
new text end

new text begin (4) two senators, one appointed by the subcommittee on committees, and one
appointed by the senate minority leader, and two members of the house of representatives,
one appointed by the speaker and one appointed by the house minority leader;
new text end

new text begin (5) the commissioner of health;
new text end

new text begin (6) two consumers appointed by the commissioner of health; and
new text end

new text begin (7) two experts in the field of medical practice appointed by the commissioner
of health.
new text end

new text begin The majority of the working group must be composed of members who have no
current or past affiliation with the Board of Medical Practice. For purposes of this section,
being licensed by the Board of Medical Practice does not constitute "affiliation."
new text end

new text begin (c) Compensation for working group members is subject to Minnesota Statutes,
section 15.059, subdivision 3, and must be paid from the operating funds of the Board of
Medical Practice. The costs incurred by the commissioner of health to convene and support
the working group must be paid from the operating funds of the Board of Medical Practice.
new text end

new text begin (d) The working group must elect a chair from its members.
new text end

new text begin (e) Meetings of the working group shall be open to the public.
new text end

new text begin (f) No later than January 1, 2013, the commissioner shall submit the report of the
working group and legislation modifying the practice act for consideration during the
2013 legislative session.
new text end

new text begin (g) The working group expires the day following submission of the report.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 34. new text begin BOARD OF MEDICAL PRACTICE REVIEW.
new text end

new text begin The legislative auditor is requested to conduct a special investigation of the
Minnesota Board of Medical Practice and its implementation of the Medical Practice
Act. The legislative auditor is requested to submit the results of the investigation to the
Legislative Audit Commission, the Sunset Advisory Commission, and the chairs and
ranking minority members of the senate and house of representatives policy committees
having jurisdiction over the board by January 1, 2013.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05;
and 138A.06, new text end new text begin are repealed effective the day following final enactment.
new text end

ARTICLE 3

TRANSFER OF COMBATIVE SPORTS DUTIES

Section 1.

Minnesota Statutes 2010, section 341.21, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and
industry.
new text end

Sec. 2.

new text begin [341.221] ADVISORY COUNCIL.
new text end

new text begin (a) The commissioner must appoint a Combative Sports Advisory Council to advise
the commissioner on the administration of duties under this chapter.
new text end

new text begin (b) The council shall have nine members appointed by the commissioner. One
member must be a retired judge of the Minnesota District Court, Minnesota Court of
Appeals, Minnesota Supreme Court, the United States District Court for the District of
Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have
knowledge of the boxing industry. At least four members must have knowledge of the
mixed martial arts industry. The commissioner shall make serious efforts to appoint
qualified women to serve on the council.
new text end

new text begin (c) Council members shall serve terms of four years with the terms ending on the
first Monday in January.
new text end

new text begin (d) The council shall annually elect from its membership a chair.
new text end

new text begin (e) The commissioner shall convene the first meeting of the council by July 1, 2012.
The council shall elect a chair at its first meeting. Thereafter, meetings shall be convened
by the commissioner, or by the chair with the approval of the commissioner.
new text end

new text begin (f) For the first appointments to the council, the commissioner shall appoint the
members currently serving on the Combative Sports Commission established under
section 341.22, to the council. The commissioner shall designate two of the members to
serve until the first Monday in January 2013; two members to serve until the first Monday
in January 2014; two members to serve until the first Monday in January 2015; and three
members to serve until the first Monday in January 2016.
new text end

new text begin (g) Removal of members, filling of vacancies, and compensation of members shall
be as provided in section 15.059.
new text end

Sec. 3.

Minnesota Statutes 2010, section 341.23, is amended to read:

341.23 LIMITATIONS.

No member of the deleted text begin commission deleted text end new text begin council new text end may directly or indirectly promote a contest,
directly or indirectly engage in the managing of a combatant, or have an interest in any
manner in the proceeds from a combative sport contest.

Sec. 4.

Minnesota Statutes 2010, section 341.27, is amended to read:

341.27 deleted text begin COMMISSION deleted text end new text begin COMMISSIONER new text end DUTIES.

The deleted text begin commission deleted text end new text begin commissioner new text end shall:

(1) issue, deny, renew, suspend, or revoke licenses;

(2) make and maintain records of its acts and proceedings including the issuance,
denial, renewal, suspension, or revocation of licenses;

(3) keep public records of the deleted text begin commission deleted text end new text begin council new text end open to inspection at all
reasonable times;

(4) deleted text begin assist the director in the development of deleted text end new text begin develop new text end rules to be implemented under
this chapter;

(5) conform to the rules adopted under this chapter;

(6) develop policies and procedures for regulating mixed martial arts; new text begin and
new text end

(7) immediately suspend an individual license for a medical condition, including but
not limited to a medical condition resulting from an injury sustained during a match, bout,
or contest that has been confirmed by the ringside physician. The medical suspension must
be lifted after the commission receives written information from a physician licensed in
the home state of the licensee indicating that the combatant may resume competition, and
any other information that the commission may by rule require. Medical suspensions are
not subject to section 214.10 deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (8) evaluate the performance and compensation of the director, including eligibility
for salary increases, in keeping with state procedures.
deleted text end

Sec. 5.

Minnesota Statutes 2010, section 341.271, is amended to read:

341.271 GIFT AUTHORITY.

The deleted text begin commission deleted text end new text begin commissioner new text end may apply for, receive, and expend deleted text begin in its own name
deleted text end grants and gifts of money consistent with the powers and duties specified in section
341.27. The deleted text begin commission deleted text end new text begin commissioner new text end may accept gifts, bequests, grants, payments
for services, and other public and private money to help finance the activities deleted text begin of the
commission deleted text end new text begin required under this chapter new text end .

Sec. 6.

Minnesota Statutes 2010, section 341.28, subdivision 1, is amended to read:

Subdivision 1.

Regulatory authority; combative sports.

deleted text begin All combative sport
contests are subject to this chapter. The commission shall, for every combative sport
contest:
deleted text end

deleted text begin (1) direct a commission member to be present; and
deleted text end

deleted text begin (2) direct the attending commission member to make a written report of the contest.
deleted text end

All combative sport contests within this state must be conducted according to the
requirements of this chapter.

Sec. 7.

Minnesota Statutes 2010, section 341.37, is amended to read:

341.37 APPROPRIATION.

A deleted text begin commission deleted text end new text begin combative sports new text end account is created in the special revenue fund.
Money in the account is annually appropriated to the deleted text begin commission deleted text end new text begin commissioner new text end for the
purposes of conducting its statutory responsibilities and obligations new text begin under this chapter new text end .

Sec. 8. new text begin TRANSFER OF DUTIES.
new text end

new text begin The Combative Sports Commission is abolished. Duties of the commission are
transferred to the commissioner of labor and industry. Minnesota Statutes, section 15.039,
subdivisions 1 to 6, apply to this transfer. The commissioner of labor and industry may
provide that one or more staff of the Combative Sports Commission transfer to the
Department of Labor and Industry. No money from the general fund may be used for costs
associated with the transfer of functions in this article. The commissioner of labor and
industry may charge the combative sports account for indirect costs incurred in other
accounts or funds for costs associated with transfer of combative sports functions.
new text end

Sec. 9. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall substitute the term "commissioner" for "commission" in
each place the term "commission" appears in Minnesota Statutes, chapter 341.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 341.21, subdivisions 3 and 4a; 341.22; 341.24;
and 341.26, new text end new text begin are repealed.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2012.
new text end

ARTICLE 4

HEALTH BOARDS

Section 1.

Minnesota Statutes 2010, section 214.09, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Health-related boards. new text end

new text begin No current member of a health-related licensing
board may seek a paid employment position with that board.
new text end

Sec. 2.

Minnesota Statutes 2010, section 214.103, is amended to read:

214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
INVESTIGATION, AND HEARING.

Subdivision 1.

Application.

For purposes of this section, "board" means
"health-related licensing board" and does not include the non-health-related licensing
boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as
they apply to the health-related licensing boards.

new text begin Subd. 1a. new text end

new text begin Notifications and resolution. new text end

new text begin (a) No more than 14 calendar days after
receiving a complaint regarding a licensee, the board shall notify the complainant that
the board has received the complaint and shall provide the complainant with the written
description of the board's complaint process. The board shall periodically, but no less
than every 120 days, notify the complainant of the status of the complaint consistent
with section 13.41.
new text end

new text begin (b) Except as provided in paragraph (d), no more than 60 calendar days after
receiving a complaint regarding a licensee, the board must notify the licensee that the
board has received a complaint and inform the licensee of:
new text end

new text begin (1) the substance of the complaint;
new text end

new text begin (2) the sections of the law that have allegedly been violated;
new text end

new text begin (3) the sections of the professional rules that have allegedly been violated; and
new text end

new text begin (4) whether an investigation is being conducted.
new text end

new text begin (c) The board shall periodically, but no less than every 120 days, notify the licensee
of the status of the complaint consistent with section 13.41.
new text end

new text begin (d) Paragraphs (b) and (c) do not apply if the board determines that such notice
would compromise the board's investigation and that such notice cannot reasonably be
accomplished within this time.
new text end

new text begin (e) No more than one year after receiving a complaint regarding a licensee, the
board must resolve or dismiss the complaint unless the board determines that resolving or
dismissing the complaint cannot reasonably be accomplished in this time and is not in
the public interest.
new text end

new text begin (f) Failure to make notifications or to resolve the complaint within the time
established in this subdivision shall not deprive the board of jurisdiction to complete the
investigation or to take corrective, disciplinary, or other action against the licensee that is
authorized by law. Such a failure by the board shall not be the basis for a licensee's request
for the board to dismiss a complaint, and shall not be considered by an administrative law
judge, the board, or any reviewing court.
new text end

Subd. 2.

Receipt of complaint.

The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints deleted text begin may deleted text end new text begin shall new text end require the complainant to state the complaint in
writing new text begin or authorize transcribing the complaint new text end . The executive director or the designated
board member shall determine whether the complaint alleges or implies a violation of
a statute or rule which the board is empowered to enforce. The executive director or
the designated board member may consult with the designee of the attorney general as
to a board's jurisdiction over a complaint. If the executive director or the designated
board member determines that it is necessary, the executive director may seek additional
information to determine whether the complaint is jurisdictional or to clarify the nature
of the allegations by obtaining records or other written material, obtaining a handwriting
sample from the regulated person, clarifying the alleged facts with the complainant, and
requesting a written response from the subject of the complaint.

Subd. 3.

Referral to other agencies.

The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section. new text begin Governmental agencies may coordinate and conduct joint investigations of
complaints that involve more than one governmental agency.
new text end

Subd. 4.

Role of the attorney general.

The executive director or the designated
board member shall forward a complaint and any additional information to the designee
of the attorney general when the executive director or the designated board member
determines that a complaint is jurisdictional and:

(1) requires investigation before the executive director or the designated board
member may resolve the complaint;

(2) that attempts at resolution for disciplinary action or the initiation of a contested
case hearing is appropriate;

(3) that an agreement for corrective action is warranted; or

(4) that the complaint should be dismissed, consistent with subdivision 8.

Subd. 5.

Investigation by attorney general.

new text begin (a) new text end If the executive director or the
designated board member determines that investigation is necessary before resolving
the complaint, the executive director shall forward the complaint and any additional
information to the designee of the attorney general. The designee of the attorney general
shall evaluate the communications forwarded and investigate as appropriate.

new text begin (b) new text end The designee of the attorney general may also investigate any other complaint
forwarded under subdivision 3 when the designee of the attorney general determines that
investigation is necessary.

new text begin (c) new text end In the process of evaluation and investigation, the designee shall consult with
or seek the assistance of the executive director or the designated board member. The
designee may also consult with or seek the assistance of other qualified persons who are
not members of the board who the designee believes will materially aid in the process of
evaluation or investigation.

new text begin (d) new text end Upon completion of the investigation, the designee shall forward the investigative
report to the executive director new text begin with recommendations for further consideration or
dismissal new text end .

Subd. 6.

Attempts at resolution.

(a) At any time after receipt of a complaint, the
executive director or the designated board member may attempt to resolve the complaint
with the regulated person. The available means for resolution include a conference or
any other written or oral communication with the regulated person. A conference may
be held for the purposes of investigation, negotiation, education, or conciliation. new text begin Neither
the executive director nor any member of a board's staff shall be a voting member in any
attempts at resolutions which may result in disciplinary or corrective action. new text end The results
of attempts at resolution with the regulated person may include a recommendation to
the board for disciplinary action, an agreement between the executive director or the
designated board member and the regulated person for corrective action, or the dismissal
of a complaint. If attempts at resolution are not in the public interest deleted text begin or are not satisfactory
to the executive director or the designated board member deleted text end , deleted text begin then the executive director or
the designated board member may initiate deleted text end a contested case hearing new text begin may be initiated new text end .

(1) The designee of the attorney general shall represent the board in all attempts at
resolution which the executive director or the designated board member anticipate may
result in disciplinary action. A stipulation between the executive director or the designated
board member and the regulated person shall be presented to the board for the board's
consideration. An approved stipulation and resulting order shall become public data.

(2) The designee of the attorney general shall represent the board upon the request of
the executive director or the designated board member in all attempts at resolution which
the executive director or the designated board member anticipate may result in corrective
action. Any agreement between the executive director or the designated board member
and the regulated person for corrective action shall be in writing and shall be reviewed by
the designee of the attorney general prior to its execution. The agreement for corrective
action shall provide for dismissal of the complaint upon successful completion by the
regulated person of the corrective action.

(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
client, the board must forward the complaint to the designee of the attorney general for
an investigation. If, after it is investigated, the complaint appears to provide a basis for
disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
client unless, in the opinion of the executive director, the designated board member, and the
designee of the attorney general, there is insufficient evidence to justify disciplinary action.

Subd. 7.

Contested case hearing.

If the executive director or the designated board
member determines that attempts at resolution of a complaint are not in the public interest
deleted text begin or are not satisfactory to the executive director or the designated board member deleted text end , the
executive director or the designated board member, after consultation with the designee
of the attorney general, new text begin and the concurrence of a second board member, new text end may initiate a
contested case hearing under chapter 14. The designated board member or any board
member who was consulted during the course of an investigation may participate at the
contested case hearing. A designated or consulted board member may not deliberate or
vote in any proceeding before the board pertaining to the case.

Subd. 8.

Dismissal new text begin and reopening new text end of a complaint.

new text begin (a) new text end A complaint may not be
dismissed without the concurrence of at least two board members and, upon the request
of the complainant, a review by a representative of the attorney general's office. The
designee of the attorney general must review before dismissal any complaints which
allege any violation of chapter 609, any conduct which would be required to be reported
under section 626.556 or 626.557, any sexual contact or sexual conduct with a client,
any violation of a federal law, any actual or potential inability to practice the regulated
profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
materials, or as a result of any mental or physical condition, any violation of state medical
assistance laws, or any disciplinary action related to credentialing in another jurisdiction
or country which was based on the same or related conduct specified in this subdivision.

new text begin (b) The board may reopen a dismissed complaint if the board receives newly
discovered information that was not available to the board during the initial investigation
of the complaint, or if the board receives a new complaint that indicates a pattern of
behavior or conduct.
new text end

Subd. 9.

Information to complainant.

A board shall furnish to a person who made
a complaint a written description of the board's complaint process, and actions of the
board relating to the complaint.

Subd. 10.

Prohibited participation by board member.

A board member who
has actual bias or a current or former direct financial or professional connection with a
regulated person may not vote in board actions relating to the regulated person.

Sec. 3.

new text begin [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE
GUIDANCE.
new text end

new text begin A health-related licensing board may offer guidance to current licensees about the
application of laws and rules the board is empowered to enforce. This guidance shall not
bind any court or other adjudicatory body.
new text end

Sec. 4.

new text begin [214.109] RECORD KEEPING.
new text end

new text begin (a) A board may take administrative action against a regulated person whose records
do not meet the standards of professional practice. Action taken under this paragraph
shall not be considered disciplinary action.
new text end

new text begin (b) Records that are fraudulent or could result in patient harm may be handled
through disciplinary or other corrective action.
new text end

ARTICLE 5

APPROPRIATIONS

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2012 new text end		new text begin 2013 new text end

Section 1. new text begin LEGISLATIVE COORDINATING COMMISSION new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 106,000 new text end

new text begin This appropriation is from the general
fund for staff services or professional
contract services for the Sunset Advisory
Commission.
new text end

new text begin The general fund base as established in
Laws 2011, First Special Session chapter 10,
article 1, section 2, is increased by $139,000
beginning in fiscal year 2014.
new text end

Sec. 2. new text begin BOARD OF BEHAVIORAL HEALTH AND THERAPY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 14,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $12,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 3. new text begin BOARD OF CHIROPRACTIC EXAMINERS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 14,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $12,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 4. new text begin BOARD OF DENTISTRY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 32,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $30,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 5. new text begin BOARD OF DIETETICS AND NUTRITION PRACTICE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $8,000 is to develop and maintain a process to
post required information about convictions,
malpractice, and disciplinary or corrective
action for the board's members. This is a
onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 6. new text begin BOARD OF MARRIAGE AND FAMILY THERAPY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $8,000 is to develop and maintain a process to
post required information about convictions,
malpractice, and disciplinary or corrective
action for the board's members. This is a
onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 7. new text begin BOARD OF MEDICAL PRACTICE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 198,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $112,000 is for transfer to the commissioner
of health to convene and support the working
group evaluating the state's Medical Practice
Act. This is a onetime appropriation.
new text end

new text begin $9,000 is for board expenses related to
the working group evaluating the Medical
Practice Act. This is a onetime appropriation.
new text end

new text begin $30,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin $45,000 is for transfer to the Office of
the Legislative Auditor to conduct an
investigation of the Board of Medical
Practice.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 8. new text begin BOARD OF NURSING new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 123,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $30,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $92,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$92,000 in fiscal years 2014 and 2015.
new text end

Sec. 9. new text begin BOARD OF NURSING HOME ADMINISTRATORS new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 100,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $50,000 is for the administrative services
unit for a study to make recommendations
for establishing uniform criminal history
background check requirements for
individuals regulated by the health-related
boards. This is a onetime appropriation.
new text end

new text begin $15,000 is for the administrative services
unit to study and submit proposed legislation
to require institutions, professional societies,
licensed professionals, insurers and other
entities, and courts to report conduct
constituting grounds for disciplinary action
to the respective regulatory entity. This is a
onetime appropriation.
new text end

new text begin $15,000 is for the administrative services
unit to review and submit to the legislature
recommendations on the respective roles of
the health-related boards and the attorney
general in conducting investigations of
licensees of the health-related boards. This is
a onetime appropriation.
new text end

new text begin $10,000 is for the administrative services
unit to evaluate the use of its services by
the health-related boards. This is a onetime
appropriation.
new text end

new text begin $8,000 is to develop and maintain a process to
post required information about convictions,
malpractice, and disciplinary or corrective
action for the board's members. This is a
onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 10. new text begin BOARD OF OPTOMETRY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $8,000 is to develop and maintain a process to
post required information about convictions,
malpractice, and disciplinary or corrective
action for the board's members. This is a
onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 11. new text begin BOARD OF PHARMACY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 32,000 new text end

new text begin $30,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 12. new text begin BOARD OF PHYSICAL THERAPY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $8,000 is to develop and maintain a process to
post required information about convictions,
malpractice, and disciplinary or corrective
action for the board's members. This is a
onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 13. new text begin BOARD OF PODIATRIC MEDICINE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $8,000 is to develop and maintain a process to
post required information about convictions,
malpractice, and disciplinary or corrective
action for the board's members. This is a
onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 14. new text begin BOARD OF PSYCHOLOGY new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 29,000 new text end

new text begin $27,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 15. new text begin BOARD OF SOCIAL WORK new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 14,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $12,000 is to develop and maintain a
process to post required information about
convictions, malpractice, and disciplinary or
corrective action for the board's members.
This is a onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end

Sec. 16. new text begin BOARD OF VETERINARY MEDICINE new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 10,000 new text end

new text begin This appropriation is from the state
government special revenue fund.
new text end

new text begin $8,000 is to develop and maintain a process to
post required information about convictions,
malpractice, and disciplinary or corrective
action for the board's members. This is a
onetime appropriation.
new text end

new text begin $1,000 is for database and Web site changes
to include business addresses. This is a
onetime appropriation.
new text end

new text begin $1,000 is for notification requirements
regarding the status of complaints.
new text end

new text begin The state government special revenue fund
base for ongoing activities in this act is
$1,000 in fiscal years 2014 and 2015.
new text end