SF 1494

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:21am

A bill for an act
relating to licensing examinations; prohibiting certain practices in preparation
for a radiologic technology examination; establishing penalties; amending
Minnesota Statutes 2008, section 144.121, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 144.121, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Subversion of examination. new text end

new text begin (a) It is a misdemeanor for any person to
engage in any conduct that subverts or attempts to subvert any licensing or certifying
examination in the field of radiologic technology or the administration of an examination
including, but not limited to:
new text end

new text begin (1) conduct that violates the security of the examination materials;
new text end

new text begin (2) removing from the examination room any examination materials without specific
authorization;
new text end

new text begin (3) the unauthorized reproduction, disclosure, publication, transmission, or
reconstruction by any means including, but not limited to, memorization of any portion of
the actual licensing or certification examination;
new text end

new text begin (4) aiding by any means the unauthorized reproduction, disclosure, publication,
transmission, or reconstruction by any means of any portion of the actual licensing or
certifying examination;
new text end

new text begin (5) paying or using professional or paid examination takers for the purpose of
reconstructing any portion of the licensing or certification examination;
new text end

new text begin (6) obtaining examination questions, examination answers, or other examination
material, whether requested or not, except by specific authorization either before, during,
or after an examination;
new text end

new text begin (7) using or purporting to use any examination questions, answers, or materials
which were improperly removed or taken from any examination for the purpose of
instructing or preparing any applicant for examination;
new text end

new text begin (8) selling or offering to sell, distributing or offering to distribute, buying or offering
to buy, receiving, or having unauthorized possession of any portion of a future, current, or
previously administered licensing or certifying examination;
new text end

new text begin (9) communicating with any other examinee during the administration of a licensing
or certifying examination for the purpose of giving or receiving unauthorized aid;
new text end

new text begin (10) copying answers from another examinee or permitting one's answers to be
copied by another examinee;
new text end

new text begin (11) having in one's possession during the administration of the licensing or
certifying examination any books, equipment, notes, written or printed materials, or data
of any kind other than the examination materials distributed, or otherwise specifically
authorized to be in one's possession during the examination; and
new text end

new text begin (12) impersonating an examinee or having an impersonator take a licensing or
certifying examination on one's behalf.
new text end

new text begin (b) Nothing in this subdivision shall preclude prosecution under the authority
provided for in any other provision of law.
new text end

new text begin (c) A person or entity who owns examination materials shall have a private right
of action against a person who violates this section. In addition to any other penalties, a
person found to have violated this section shall be liable for the actual damages sustained
by the owner of the examination, plus reasonable attorney fees and the costs of the
litigation.
new text end

new text begin (d) If any provision of this section or the application thereof to any person
or circumstances is held invalid, that invalidity shall not affect other provisions or
applications of the section that can be given effect without the invalid provision or
application, and to this end the provisions of this section are severable.
new text end