HF 3359

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

  1.1                          A bill for an act 
  1.2             relating to the organization of state government; 
  1.3             establishing an occupational regulatory oversight 
  1.4             council to oversee and coordinate the work of agencies 
  1.5             and boards charged with the regulation of 
  1.6             health-related and non-health-related occupations; 
  1.7             directing the commissioners of health and commerce to 
  1.8             develop detailed proposals for the organization and 
  1.9             operation of the council; establishing two task 
  1.10            forces; requiring a report to the legislature; 
  1.11            appropriating money; proposing coding for new law in 
  1.12            Minnesota Statutes, chapter 214. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [214.38] [OCCUPATIONAL REGULATORY OVERSIGHT 
  1.15  COUNCIL.] 
  1.16     The occupational regulatory oversight council consists of 
  1.17  members appointed by the commissioners of health and commerce 
  1.18  after consultation with the commissioner of human services and 
  1.19  the attorney general.  The council shall perform the duties and 
  1.20  have the powers prescribed by law.  The council may consist of 
  1.21  two or more subunits. 
  1.22     Sec. 2.  [TEMPORARY COUNCIL.] 
  1.23     Subdivision 1.  [APPOINTMENTS.] The commissioners of health 
  1.24  and commerce, after consultation with the commissioner of human 
  1.25  services, the attorney general, and the entities listed in 
  1.26  subdivision 2, shall appoint a temporary council to develop 
  1.27  detailed proposals for the organization, membership, duties, 
  1.28  powers, financing, and operation of the council established by 
  1.29  Minnesota Statutes, section 214.38.  The commissioners of health 
  2.1   and commerce shall determine the membership of the temporary 
  2.2   council, and the commissioners, or their designees, shall serve 
  2.3   as its cochairs.  The temporary council must consist of two task 
  2.4   forces, one chaired by the commissioner of commerce and dealing 
  2.5   with non-health-related occupations, and the other chaired by 
  2.6   the commissioner of health and dealing with health-related 
  2.7   occupations.  Each task force may appoint advisory committees.  
  2.8   The temporary council expires June 30, 1999. 
  2.9      Subd. 2.  [ADDITIONAL CONSULTATION.] In appointing the 
  2.10  temporary council, the commissioners of health and commerce 
  2.11  shall also consult with existing state occupational regulatory 
  2.12  boards, occupations currently regulated, occupations seeking 
  2.13  state regulation, health care providers, and organizations 
  2.14  representing consumers.  Representatives of entities listed in 
  2.15  this subdivision may be appointed to the temporary council or to 
  2.16  task force advisory committees. 
  2.17     Subd. 3.  [DUTIES.] Each task force of the temporary 
  2.18  council, addressing occupations within its jurisdiction, shall 
  2.19  consider how the permanent council established by Minnesota 
  2.20  Statutes, section 214.38, can best provide oversight of state 
  2.21  occupational regulation and make recommendations to the 
  2.22  legislature regarding improvements in the existing regulatory 
  2.23  system.  In identifying the duties of the permanent council, 
  2.24  each task force shall consider and recommend, at a minimum, 
  2.25  those listed in section 3.  If a task force and, subsequently, 
  2.26  the temporary council concludes that a duty listed in section 3 
  2.27  should be omitted or modified, the report required by this 
  2.28  subdivision must include the reasons for the proposed omission 
  2.29  or modification.  Each task force shall complete its work by 
  2.30  December 1, 1998.  The commissioners of health and commerce 
  2.31  shall then coordinate the findings and recommendations of each 
  2.32  task force.  The commissioners may modify task force findings 
  2.33  and recommendations to avoid conflicts and assure consistency in 
  2.34  the regulation and oversight of health-related and 
  2.35  non-health-related occupations.  The task forces shall review 
  2.36  any modifications and adopt the findings and recommendations of 
  3.1   the temporary council as a whole.  The commissioners shall 
  3.2   submit those findings and recommendations to the legislature by 
  3.3   January 5, 1999. 
  3.4      Sec. 3.  [PERMANENT COUNCIL; MINIMUM DUTIES.] 
  3.5      The duties of the council established by Minnesota 
  3.6   Statutes, section 214.38, must include, at a minimum: 
  3.7      (1) establishing and maintaining a systematic method of 
  3.8   reviewing and evaluating requests for new occupational 
  3.9   regulation and substantive changes that broaden the scope of 
  3.10  existing regulation; 
  3.11     (2) advising the legislature regarding requests for new or 
  3.12  revised regulation, identifying the need for regulation, the 
  3.13  appropriate level of any needed regulation, and the appropriate 
  3.14  regulatory body; 
  3.15     (3) giving ongoing consideration to the interests of 
  3.16  consumers, the interests of service providers, including their 
  3.17  ability to move among jurisdictions, access to goods and 
  3.18  services provided by regulated occupations, and the cost of 
  3.19  those goods and services; 
  3.20     (4) giving ongoing consideration to the organization and 
  3.21  structure of occupational regulation in Minnesota and 
  3.22  recommending to the legislature any changes that the council may 
  3.23  from time to time identify as desirable; 
  3.24     (5) providing ongoing oversight of agency and board 
  3.25  regulatory activities, particularly the timeliness of 
  3.26  disciplinary procedures and other responses to complaints; 
  3.27     (6) recommending to regulatory agencies and boards and the 
  3.28  legislature any ways to improve enforcement that the council may 
  3.29  from time to time identify; 
  3.30     (7) giving ongoing consideration to the role of the 
  3.31  attorney general in regulatory and enforcement activities and, 
  3.32  in consultation with the attorney general, recommending to the 
  3.33  legislature any changes in that role that the council may from 
  3.34  time to time identify as desirable; 
  3.35     (8) making recommendations to the legislature regarding 
  3.36  appropriate responses to changes in the delivery of health care, 
  4.1   including the regulation of emerging health care occupations, 
  4.2   increasing institutional supervision of individual health care 
  4.3   providers, and increasing utilization of technology not 
  4.4   addressed by existing regulation, such as telepractice; 
  4.5      (9) helping resolve scope-of-practice and other 
  4.6   jurisdictional disputes between occupations and regulatory 
  4.7   agencies and boards; 
  4.8      (10) providing ongoing assistance to regulatory agencies 
  4.9   and boards to further consistency and efficiency and reduce 
  4.10  duplication of effort and resources; 
  4.11     (11) reviewing the application of Minnesota Statutes, 
  4.12  chapter 13, to the occupational regulatory and enforcement 
  4.13  system and, in consultation with the commissioner of 
  4.14  administration, recommending to the legislature any changes that 
  4.15  the council may identify as being desirable; 
  4.16     (12) providing orientation and training for members of 
  4.17  regulatory boards; and 
  4.18     (13) providing a central point of reference for information 
  4.19  on the submission of complaints to regulatory agencies and 
  4.20  boards and subsequent questions about their responses to 
  4.21  complaints and the progress of any disciplinary procedures. 
  4.22     The permanent council may not receive, consider, or act on 
  4.23  appeals from decisions of boards or agencies. 
  4.24     Sec. 4.  [MORATORIUM.] 
  4.25     (a) For purposes of this section, "occupational regulation" 
  4.26  means the extension of state regulation to a new occupation, the 
  4.27  modification of any existing regulation of an occupation except 
  4.28  to clarify existing language or to improve regulatory efficiency 
  4.29  or effectiveness, a change in the mode of regulation or in the 
  4.30  scope of practice of a regulated occupation, or the 
  4.31  establishment of a new regulatory body or advisory body. 
  4.32     (b) Except as provided in paragraph (c), no occupational 
  4.33  regulation will be considered or enacted until the submission of 
  4.34  the report required by section 2, subdivision 3. 
  4.35     (c) Notwithstanding paragraph (b), the commissioner of 
  4.36  commerce may propose, and the legislature may consider and 
  5.1   enact, new regulation of a non-health-related occupation if the 
  5.2   commissioner determines and demonstrates to the legislature that 
  5.3   prompt regulation of the occupation would be in the best 
  5.4   interests of the state and its citizens. 
  5.5      Sec. 5.  [APPROPRIATION.] 
  5.6      $50,000 is appropriated to the commissioner of commerce and 
  5.7   $50,000 is appropriated to the commissioner of health to 
  5.8   implement section 2. 
  5.9      Sec. 6.  [EFFECTIVE DATES.] 
  5.10     Section 1 is effective July 1, 1999.  Sections 2 to 5 are 
  5.11  effective the day following final enactment.