HF 3634

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/18/2010 02:43pm

A bill for an act
relating to health occupations; requiring license revocation and license denial
for any health-related licensed professional convicted of a felony-level criminal
sexual conduct offense; amending Minnesota Statutes 2008, sections 214.10, by
adding a subdivision; 364.09.

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

Section 1.

Minnesota Statutes 2008, section 214.10, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Conviction of a felony-level criminal sexual conduct offense. new text end

new text begin (a)
A health-related licensing board listed in section 214.01, subdivision 2, shall not grant
a credential to any person who has been convicted of a felony-level criminal sexual
conduct offense.
new text end

new text begin (b) A license to practice is automatically revoked if the licensee is convicted of a
felony-level criminal sexual conduct offense.
new text end

new text begin (c) A license that has been denied or revoked under this subdivision is not subject
to chapter 364.
new text end

new text begin (d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
guilty by a jury, or a finding of guilty by the court, and "criminal sexual conduct offense"
means a violation of sections 609.342 to 609.345 or a similar statute in another jurisdiction.
new text end

Sec. 2.

Minnesota Statutes 2008, section 364.09, is amended to read:

364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) This chapter does not apply to a deleted text begin license to practice medicine deleted text end new text begin credential new text end that has
been denied or revoked by deleted text begin the Board of Medical Practice pursuant to section 147.091,
subdivision 1a deleted text end new text begin any of the health-related licensing boards listed in section 214.01,
subdivision 2 new text end .