HF 4487

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 10:00am

A bill for an act
relating to health; modifying home care provider and Board of Nursing reporting
requirements and health-related licensing board complaint procedures; amending
Minnesota Statutes 2018, sections 144A.479, by adding a subdivision; 144A.4791,
by adding a subdivision; 148.263, subdivision 2; 214.103, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, section 144A.479, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Report to health-related licensing board; grounds for disciplinary
action. new text end

new text begin When a home care provider reports to a health-related licensing board conduct of
a current or former staff person regulated by that licensing board that may constitute grounds
for disciplinary action, the home care provider must submit to the licensing board any
evidence or documentation held by the provider regarding the conduct.
new text end

Sec. 2.

Minnesota Statutes 2018, section 144A.4791, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Dismissal or termination of home care provider staff; notice to clients. new text end

new text begin If
a home care provider dismisses from employment or terminates a contract with a staff person
who provided home care services to clients during the three months prior to dismissal or
termination the home care provider must:
new text end

new text begin (1) promptly notify all clients who received home care services from the dismissed or
terminated staff person in the previous three months that the staff person is no longer
employed by or under contract with the home care provider; and
new text end

new text begin (2) recommend that a client contact the home care provider if the dismissed or terminated
staff person seeks to continue to provide home care services to the client.
new text end

Sec. 3.

Minnesota Statutes 2018, section 148.263, subdivision 2, is amended to read:

Subd. 2.

Institutions.

The chief nursing executive or chief administrative officer of any
hospital, clinic, prepaid medical plan, new text begin home care provider licensed under chapter 144A, new text end or
other health care institution or organization located in this state shall report to the board any
action taken by the institution deleted text begin or deleted text end new text begin , new text end organization new text begin , or provider, new text end or any of its administrators or
committees to revoke, suspend, limit, or condition a nurse's privilege to practice in the
institution, or as part of the organization, any denial of privileges, any dismissal from
employment, or any other disciplinary action. The institution deleted text begin or deleted text end new text begin , new text end organization new text begin , or provider new text end
shall also report the resignation of any nurse before the conclusion of any disciplinary
proceeding, or before commencement of formal charges, but after the nurse had knowledge
that formal charges were contemplated or in preparation. The reporting described by this
subdivision is required only if the action pertains to grounds for disciplinary action under
section 148.261 new text begin and the reporting must specify the grounds for disciplinary action that led
to the employment action new text end .

Sec. 4.

Minnesota Statutes 2018, section 214.103, subdivision 2, is amended to read:

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 shall require the complainant to state the complaint in writing or authorize
transcribing the complaint. 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. The executive director may authorize a field investigation to clarify the
nature of the allegations and the facts that led to the complaint. new text begin The executive director or a
designated board member may conduct a site visit to inspect records pertaining to the
complaint, during which the institution, organization, or provider must provide the executive
director or designated board member with access to all applicable records.
new text end