SF 773

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 09:26am

A resolution
memorializing certain federal agencies concerning Minnesota-licensed health care
professionals and torture or cruel, inhuman, or degrading treatment or punishment
of prisoners.

WHEREAS, this resolution intends to clarify that health care professional licensing
boards of Minnesota have the authority and responsibility to speak to the participation of
Minnesota-licensed health care professionals who participate in torture or cruel, inhuman, or
degrading treatment of prisoners, including prisoners held by federal agencies and departments;
and

WHEREAS, this resolution is guided by two principles: (1) health care professionals
shall be dedicated to providing the highest standard of health care, with compassion and respect
for human dignity and rights; and (2) "torture" or "cruel, inhuman, or degrading treatment or
punishment" is illegal and inconsistent with the practice of the health care professions; and

WHEREAS, "torture" is defined by the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment as "any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining
from him or a third person information or a confession, punishing him for an act he or a third
person has committed or is suspected of having committed, or intimidating or coercing him or a
third person, or for any reason based on discrimination of any kind, when such pain or suffering
is inflicted by or at the instigation of or with the consent or acquiescence of a public official or
other person acting in an official capacity. It does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions"; and

WHEREAS, "cruel, inhuman or degrading treatment or punishment" is defined by the
United Nations' Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment as extending "the widest possible protection against abuses, whether physical or
mental, including the holding of a detained or imprisoned person in conditions which deprive
him, temporarily or permanently, of the use of any of this natural senses, such as sight or hearing,
or of this awareness of place and the passing of time"; and

WHEREAS, "health care professionals' licensing boards" is to be understood, for the
purposes of this resolution, as including:

(a) the Board of Medical Practice established pursuant to Minnesota Statutes, section
147.01;

(b) the Board of Nursing established pursuant to Minnesota Statutes, section 148.181;

(c) the Board of Psychology established pursuant to Minnesota Statutes, section 148.90;

(d) the Board of Behavioral Health and Therapy established pursuant to Minnesota Statutes,
section 148B.51; and

(e) the Board of Social Work established pursuant to Minnesota Statutes, section 148D.025;
and

WHEREAS, "health care professionals" is to be understood, for the purposes of this
resolution, as persons whose licenses are provided by the above named health care professionals'
licensing boards; and

WHEREAS, health care professionals licensed in Minnesota have served and continue to
serve honorably in the armed services and intelligence agencies of the United States of America;
and

WHEREAS, the legislature is mindful that Minnesota health care professional licensing
boards are vested with the authority to revoke and suspend the licenses of Minnesota health
care professionals; and

WHEREAS, Minnesota authorizes and empowers its health care professional licensing
boards to take disciplinary action, with grounds for unethical or unprofessional conduct as listed
in the following nonexhaustive list of sections of Minnesota Statutes:

(a) Minnesota Statutes, section 147.091, subdivision 1, paragraphs (g) and (k) (medical
doctors and osteopaths);

(b) Minnesota Statutes, section 148.261, subdivision 1, clause (6) (nurses);

(c) Minnesota Statutes, section 148.941, subdivision 2, clause (3) (psychologists);

(d) Minnesota Statutes, section 147A.13, subdivision 1, clause (7) (physician assistants);

(e) Minnesota Statutes, section 148B.59, paragraph (a), clause (3) (behavioral health and
therapy professional counselors); and

(f) Minnesota Statutes, section 148D.210 (social workers); and

WHEREAS, the legislature is mindful that, notwithstanding limits on Minnesota's
jurisdiction relating to health professionals' conduct while working for federal agencies and
departments, those same agencies and departments require a state license as a condition of practice
and therefore implicitly expect ongoing state review of the credentials and professionalism of
such health care professionals; and

WHEREAS, the United States has ratified the Universal Declaration of Human Rights, the
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, Common Article III of the Geneva Conventions, the United Nations' Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and
the United Nations International Covenant on Civil and Political Rights, all of which condemn
torture and/or cruel, inhuman, or degrading treatment or punishment; and

WHEREAS, the United States, in support of its ratification of the above enumerated
Declaration, Conventions, Body of Principles, and Covenant against torture, has enacted federal
laws including United States Code, title 18, sections 2340 and 2441; and

WHEREAS, the World Medical Association, the American Medical Association, the
American Psychiatric Association, the American Psychological Association, the American Nurses
Association, and numerous other healthcare professional organizations have endorsed standards
of professional conduct asserting that health professionals may not countenance the torture or
inhuman treatment or punishment of prisoners; and

WHEREAS, the Legislature of the State of Minnesota finds that abetting torture or cruel,
inhuman, or degrading treatment or punishment of prisoners violates the ethical and legal
obligations of licensed health care professionals; NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that Minnesota-licensed
health professionals may not countenance, condone, or participate in the practice of torture or
other forms of cruel, inhuman, or degrading treatment or punishment, shall not provide any
premises, instruments, substances, or knowledge to facilitate the practice of torture or other forms
of cruel, inhuman, or degrading treatment or punishment, or shall not be present or standing
by during any procedure during which torture or other forms of cruel, inhuman, or degrading
treatment or punishment are used or threatened.

BE IT FURTHER RESOLVED that the Legislature hereby requests health care
professionals' licensing boards to notify licensed health professionals via newsletter, e-mail, Web
site, or other notification processes:

(a) that licensees may not countenance, condone, or participate in the practice of torture
or other forms of cruel, inhuman, or degrading treatment or punishment, shall not provide any
premises, instruments, substances, or knowledge to facilitate the practice of torture or other forms
of cruel, inhuman, or degrading treatment or punishment, or shall not be present or standing
by during any procedure during which torture or other forms of cruel, inhuman, or degrading
treatment or punishment are used or threatened; and

(b) that those who participate in torture or cruel, inhuman, or degrading treatment or
punishment risk international or federal criminal prosecution and possible review and sanction by
their respective Licensing Board.

BE IT FURTHER RESOLVED that the Legislature hereby requests all relevant Minnesota
healthcare professional licensing boards to notify health professionals licensed in Minnesota that
those who participate in torture or cruel, inhuman, or degrading treatment or punishment may be
in violation of professional standards, United States law, and international law.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
directed to prepare copies of this memorial and transmit them to the United States Department
of Defense and the United States Central Intelligence Agency.