SF 120

as introduced - 89th Legislature (2015 - 2016) Posted on 02/03/2015 08:43am

A bill for an act
relating to veterinarians; specifying appointments to the Board of Veterinary
Medicine must reflect the geography of the state; modifying the process for
temporary suspension of veterinarian licenses; amending Minnesota Statutes
2014, sections 156.01, subdivision 1; 156.126.

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

Section 1.

Minnesota Statutes 2014, section 156.01, subdivision 1, is amended to read:

Subdivision 1.

Creation; membership.

There is hereby created a state Board of
Veterinary Medicine which shall consist of two public members as defined by section
214.02 and five licensed veterinarians appointed by the governor. Each appointee shall be
a resident of the state of Minnesota, and the veterinarian members of the board shall have
practiced veterinary medicine in this state for at least five years prior to their appointment.
new text begin The governor shall make appointments to the board that reflect the geography of the
state. new text end Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09. The provision of staff, administrative services and office space;
the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter 214.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to appointments made after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 156.126, is amended to read:

156.126 TEMPORARY SUSPENSION OF LICENSE.

In addition to any other remedy provided by law, the board, acting through its
executive director and one or more designated board members without a hearing, may
temporarily suspend the license of a regulated person if the executive director and one or
more designated board members finds that the regulated person has violated a statute or
rule that the board is empowered to enforce and continued practice by the regulated person
would create an imminent risk of harm to deleted text begin others deleted text end new text begin an animal new text end . The suspension is in effect
upon service of a written temporary suspension order on the regulated person specifying
the statute or rule violated. Service of the temporary suspension order is effective upon
personal service or service by first class mail upon the regulated person or counsel at the
regulated person's or counsel's last known address. The temporary order remains in effect
until the board issues an order after deleted text begin a limited hearing described in this subdivision deleted text end new text begin hearing
evidence and oral arguments from both parties new text end or upon agreement between the board and
the regulated person. Within ten days of service of the temporary suspension order, the
board shall conduct a limited hearing before its own members on the sole issue of whether
there is a reasonable basis for the temporary suspension order to remain in effect. deleted text begin Both
parties shall be given an opportunity to present evidence and oral argument at the hearing. deleted text end new text begin
Four members of the board voting in the affirmative are required to find a reasonable basis
for the temporary suspension to remain in effect. If the board determines that a temporary
suspension is to remain in effect, new text end within five business days after the deleted text begin hearing deleted text end new text begin board's
decision new text end , the board shall issue an order and deleted text begin , if the temporary suspension is to remain in
effect, deleted text end initiate a contested case hearing deleted text begin to deleted text end new text begin under sections 14.57 to 14.62 with the Office of
Administrative Hearings. The contested case hearing shall new text end be commenced within 45 days
after service of the order. new text begin The chief administrative law judge shall appoint an administrative
law judge with the attempt to utilize personnel having expertise in the subject to be dealt
with in the hearing. Both parties shall be given an opportunity to present evidence and
oral arguments at the hearing. new text end The administrative law judge shall issue a report within 30
days after closing the contested case hearing record. deleted text begin The board shall issue a final order
within 30 days after receiving the administrative law judge's report. deleted text end new text begin The report or order of
the administrative law judge constitutes the final administrative decision in the case.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to temporary suspensions beginning on or after that date.
new text end