SF 1314

as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 04:19pm

A bill for an act
relating to health occupations; providing an opportunity for a complaining party
to directly address a health-related licensing board regarding a complaint prior to
the complaint being dismissed by the board; amending Minnesota Statutes 2018,
section 214.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 214.10, subdivision 1, is amended to read:

Subdivision 1.

Receipt of complaint; notice.

The executive director or executive
secretary of a board, a board member or any other person who performs services for the
board who receives a complaint or other communication, whether oral or written, which
complaint or communication alleges or implies a violation of a statute or rule which the
board is empowered to enforce, shall promptly forward the substance of the communication
on a form prepared by the attorney general to the designee of the attorney general responsible
for providing legal services to the board. Before proceeding further with the communication,
the designee of the attorney general may require the complaining party to state the complaint
in writing on a form prepared by the attorney general. Complaints which relate to matters
within the jurisdiction of another governmental agency shall be forwarded to that agency
by the executive director or executive secretary. An officer of that agency shall advise the
executive director or executive secretary of the disposition of that complaint. A complaint
received by another agency which relates to a statute or rule which a licensing board is
empowered to enforce shall be forwarded to the executive director or executive secretary
of the board to be processed in accordance with this section. No complaint alleging a matter
within the jurisdiction of the board shall be dismissed by a board unless at least two board
members have reviewed the matter new text begin and the complaining party has been provided the
opportunity to address the board directly regarding the complaint new text end . If a board makes a
determination to investigate a complaint, it shall notify a licensee who is the subject of an
investigation that an investigation has been initiated at a time when such notice will not
compromise the investigation.