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HF 2555

4th Engrossment - 87th Legislature (2011 - 2012) Posted on 03/26/2012 03:16pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; implementing changes to the sunset review;
changing certain agency requirements; requiring posting of convictions of
felonies or gross misdemeanors and malpractice settlements or judgments for a
regulated practitioner; requiring certain information on regulated practitioners;
requiring a study; prohibiting transfer of certain funds; requiring reports; setting
fees; abolishing the Combative Sports Commission and transferring combative
sports duties to the commissioner of labor and industry; establishing a Combative
Sports Advisory Council; requiring a review of the Minnesota Board of Medical
Practice; 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; 148.263, by adding a subdivision; 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; 214.06, subdivision 1,
by adding a subdivision; 341.21, by adding a subdivision; 341.28, subdivision 1;
341.37; Minnesota Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21,
subdivisions 1, 2; 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; 341.23; 341.24; 341.26.

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 STAFFnew text begin; CONTRACTSnew 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 endBefore 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 begina priority-baseddeleted text endnew text begin an outcome-basednew 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:
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 1, is amended
to read:


Subdivision 1.

Group 1.

The following agencies are sunset and, except as provided
in section 3D.14, expire on June 30, deleted text begin2012deleted text endnew text begin 2024new text end: Capitol Area Architectural and Planning
Board, Amateur Sports Commission, deleted text beginCombative Sports Commission,deleted text end all health-related
licensing boards listed in section 214.01, Council on Affairs of Chicano/Latino People,
deleted text begin Council on Black Minnesotans,deleted text end Council on Asian-Pacific Minnesotans, Indian Affairs
Council, Council on Disabilities, and all advisory groups associated with these agencies.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

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 Council on Black Minnesotans, Emergency
Medical Services Regulatory Board,
new text end and all advisory groups associated with these
agencies.

Sec. 5. new text beginCOUNCIL ON BLACK MINNESOTANS INTERIM REVIEW.
new text end

new text begin (a) The Council on Black Minnesotans is continued for two years and added to the
2014 Sunset Advisory Commission review schedule. In the council's report to the Sunset
Advisory Commission, the council must submit an interim report and respond to issues
raised in previous audits by the Office of the Legislative Auditor.
new text end

new text begin (b) The Office of the Legislative Auditor should conduct a financial audit of the
Council of Black Minnesotans by December 1, 2013, prior to sunset review in 2014.
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 distribute 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, and list the specific objectives
that the council seeks to attain during the biennium. To the extent possible, 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 distribute a report to the governor
and legislature by November 15 of each deleted text begineven-numbereddeleted 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, and list the specific
objectives that the council seeks to attain during the next biennium.new text begin To the extent possible,
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 distribute a report to the governor
and legislature by November 15 of each deleted text begineven-numbereddeleted 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, and list the specific objectives
which the council seeks to attain during the next biennium.new text begin To the extent possible, 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 distribute a report to the governor
and legislature by November 15 of each deleted text begineven-numbereddeleted 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, and list the specific
objectives that the council seeks to attain during the next biennium.new text begin To the extent possible,
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.
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, the Capitol Area
Architectural and Planning Board, the Amateur Sports Commission, and the Minnesota
State Council on Disability must use the services specified in paragraph (a).
new text end

new text begin (c) The commissioner may require agencies receiving services under this section to
reimburse the agency providing the services. Reimbursements received by a providing
agency are reappropriated to the account making the expenditure in the providing agency.
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.
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 begintakes corrective action or new text endimposes 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 148.263, 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. 12.

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. 13.

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. 14.

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. 15.

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. 16.

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. 17.

new text begin [214.056] FEES COLLECTED; FUND TRANSFER PROHIBITED.
new text end

new text begin Fees collected by health-related licensing boards, 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, must be used only to pay the costs associated with regulation of occupations
and professions under the jurisdiction of those boards. The legislature must not transfer
money generated by these fees from a special revenue fund to the general fund. Surcharges
collected by a health-related licensing board under section 16E.22 are not subject to
this section.
new text end

Sec. 18.

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


Subdivision 1.

Fee adjustment.

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. As provided in section
16A.1285, the adjustment 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 beginA health-related
licensing board may accumulate up to one year of operating funds, and then must reduce
fees.
new text endA 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. 19.

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. 20.

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 during the previous ten years of a felony or gross misdemeanor.
Conviction 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;
new text end

new text begin (2) a malpractice judgment entered against the regulated individual in any state or
jurisdiction within the past ten years. Information describing the judgments shall be
developed by the boards, shall be stated in plain English, and shall ensure the public
understands the context of the action involving the licensee; or
new text end

new text begin (3) any disciplinary or corrective action or restriction of privileges taken against the
individual's license 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 a licensing board in this or another state, the federal government,
or a health care provider as defined in section 62A.63, subdivision 2.
new text end

new text begin (b) Each board and the commissioner of health must post in-state information
required in paragraph (a) no later than January 1, 2013. Information from other states and
jurisdictions must be posted no later than July 1, 2013.
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. 21.

new text begin [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
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, 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 (b) 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 have
the authority to conduct criminal background checks on all applicants, at the expense of
the individual. A criminal background check on regulated individuals shall be conducted
at least every six years at the time of license renewal, at the expense of the individual.
The boards and the commissioner shall establish a protocol for conducting criminal
background checks no later than January 1, 2013. This protocol must be effective January
1, 2014, and require the applicant or regulated individual to:
new text end

new text begin (1) submit a full set of fingerprints to the board or its designee in a form and manner
specified by the board; and
new text end

new text begin (2) provide consent authorizing the board to obtain the individual's state and national
criminal history record information for the purpose of determining the individual's
suitability for a receiving a credential to practice.
new text end

new text begin (c) 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
submit legislation for consideration in 2013 to require institutions, professional societies,
other licensed professionals, and insurers and other entities to report conduct constituting
grounds for disciplinary action to the respective regulatory entity. Each board and the
commissioner must include penalties that may be imposed for failure to report. Boards
with reporting obligations in statutes are exempt from this paragraph.
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. 22. new text beginSUNSET 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 the extent to which occupations should be
licensed by licensing boards.
new text end

Sec. 23. new text beginREPORT; 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. 24. new text beginREPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
new text end

new text begin The chief information officer of the Office of Enterprise Technology and the
commissioner of administration shall report to the legislature by January 15, 2013, on the
best method of providing electronic licensing systems to the health-related licensing
boards.
new text end

Sec. 25. new text beginREPORT; 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 by the board comply with Minnesota Statutes,
sections 214.055 and 214.06. 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 to the legislature.
new text end

Sec. 26. new text beginREPORTS; 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. 27. new text beginMEDICAL PRACTICE ACT; STUDY.
new text end

new text begin (a) The Board of Medical Practice 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) Members of the working group shall include:
new text end

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

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

new text begin (3) medical educators from the University of Minnesota and the Mayo Clinic;
new text end

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

new text begin (5) consumers; and
new text end

new text begin (6) experts in the field of medical practice.
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.
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.
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) The board 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 EFFECTIVE DATE. new text end

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

Sec. 28. new text beginBOARD OF MEDICAL PRACTICE REVIEW.
new text end

new text begin (a) As provided in Minnesota Statutes, section 3.97, subdivision 3a, paragraph
(b), the Legislative Audit Commission is requested to direct the legislative auditor to
prepare a scoping document in response to the Sunset Advisory Commission's request
for an evaluation of the Minnesota Medical Practice Act and its implementation by the
Minnesota Board of Medical Practice.
new text end

new text begin (b) If the Office of the Legislative Auditor is not authorized to carry out the study
in paragraph (a) by July 1, 2012, the commissioner of administration must contract for
a programmatic and structural review of the Minnesota Board of Medical Practice. The
commissioner must contract with the Federation of State Medical Boards to conduct the
study. A copy of the review's work plan must be submitted to the chair and vice-chair
of the Sunset Advisory Commission for review and comment. The review must be
completed and submitted to the Sunset Advisory Commission and the senate and house of
representatives policy committees having jurisdiction over the board by January 1, 2013.
new text end

new text begin (c) $45,000 from the state government special revenue fund is appropriated to the
commissioner for the study. Up to five percent of the appropriation is available to the
commissioner for administrative costs related to the study.
new text end

Sec. 29. new text beginFEES; REDUCTION.
new text end

new text begin The application and renewal fees for the following boards are reduced by five
percent:
new text end

new text begin (1) the Board of Examiners of Nursing Home Administrators established pursuant
to section 144A.19;
new text end

new text begin (2) the Board of Medical Practice established pursuant to section 147.01;
new text end

new text begin (3) the Board of Nursing established pursuant to section 148.81;
new text end

new text begin (4) the Board of Chiropractic Examiners established pursuant to section 148.02;
new text end

new text begin (5) the Board of Optometry established pursuant to section 148.52;
new text end

new text begin (6) the Board of Physical Therapy established pursuant to section 148.67;
new text end

new text begin (7) the Board of Psychology established pursuant to section 148.90;
new text end

new text begin (8) the Board of Social Work established pursuant to section 148E.025;
new text end

new text begin (9) the Board of Marriage and Family Therapy established pursuant to section
148B.30;
new text end

new text begin (10) the Board of Behavioral Health and Therapy established pursuant to section
148B.51;
new text end

new text begin (11) the Board of Dietetics and Nutrition Practice established pursuant to section
148.622;
new text end

new text begin (12) the Board of Dentistry established pursuant to section 150A.02;
new text end

new text begin (13) the Board of Pharmacy established pursuant to section 151.02;
new text end

new text begin (14) the Board of Podiatric Medicine established pursuant to section 153.02; and
new text end

new text begin (15) the Board of Veterinary Medicine established pursuant to section 156.01.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all applications and renewals
received on or after January 1, 2014.
new text end

Sec. 30. 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 The commissioner must appoint a Combative Sports Advisory Council to advise
the commissioner on administration of duties under this chapter. The council must
include members knowledgeable in the boxing and mixed martial arts industries and
public members. Membership terms, removal of members, filling of vacancies, and
compensation of members is as provided in section 15.059.
new text end

Sec. 3.

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


Subdivision 1.

Regulatory authority; combative sports.

All combative sport
contests are subject to this chapter. deleted text beginThe 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. 4.

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


341.37 APPROPRIATION.

A deleted text begincommissiondeleted text endnew text begin combative sportsnew text end account is created in the special revenue fund.
Money in the account is annually appropriated to the deleted text begincommissiondeleted text endnew text begin commissionernew text end for the
purposes of conducting its statutory responsibilities and obligationsnew text begin under this chapternew text end.

Sec. 5. new text beginTRANSFER 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.
new text end

Sec. 6. new text beginREVISOR'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. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 341.21, subdivisions 3 and 4a; 341.22; 341.23;
341.24; and 341.26,
new text end new text begin are repealed.
new text end

Sec. 8. new text beginEFFECTIVE DATE.
new text end

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