SF 1890

as introduced - 88th Legislature (2013 - 2014) Posted on 03/07/2014 02:46pm

A bill for an act
relating to health; making changes to the health professionals services program;
requiring a disciplinary investigation for noncompliance and temporary license
suspension; classifying data; amending Minnesota Statutes 2012, sections
214.28; 214.29; 214.31; 214.32, subdivision 1, by adding a subdivision; 214.35;
repealing Minnesota Statutes 2012, sections 214.36; 214.37.

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

Section 1.

Minnesota Statutes 2012, section 214.28, is amended to read:

214.28 DIVERSION PROGRAM.

A health-related licensing board deleted text begin may deleted text end new text begin shall new text end establish performance criteria and
contract for a diversion program for regulated professionals who are unable to practice
with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
any other materials, or as a result of any mental, physical, or psychological condition.

Sec. 2.

Minnesota Statutes 2012, section 214.29, is amended to read:

214.29 PROGRAM REQUIRED.

Each health-related licensing board, including the Emergency Medical Services
Regulatory Board under chapter 144E, deleted text begin shall either conduct a health professionals service
program under sections 214.31 to 214.37 or deleted text end new text begin shall new text end contract new text begin with the health professionals
services program established under sections 214.31 to 214.35 new text end for deleted text begin a deleted text end new text begin the new text end diversion program
new text begin required new text end under section 214.28.

Sec. 3.

Minnesota Statutes 2012, section 214.31, is amended to read:

214.31 AUTHORITY.

deleted text begin Two or more of the health-related licensing boards listed in section 214.01,
subdivision 2, may jointly deleted text end new text begin The health professionals services program is authorized to
contract with the health-related licensing boards to new text end conduct a health professionals services
program to protect the public from persons regulated by the boards who are unable to
practice with reasonable skill and safety by reason of illness, use of alcohol, drugs,
chemicals, or any other materials, or as a result of any mental, physical, or psychological
condition. The program does not affect a board's authority to discipline violations of a
board's practice act. For purposes of sections 214.31 to 214.37, the emergency medical
services regulatory board shall be included in the definition of a health-related licensing
board under chapter 144E.

Sec. 4.

Minnesota Statutes 2012, section 214.32, subdivision 1, is amended to read:

Subdivision 1.

Management.

(a) A Health Professionals Services deleted text begin Program
deleted text end new text begin Advisory new text end Committee is established deleted text begin , consisting of one person appointed by each
participating board, with each participating board having one vote. The committee shall
designate one board to provide administrative management of the program, set the program
budget and the pro rata share of program expenses to be borne by each participating
board, provide guidance on the general operation of the program, including hiring of
program personnel, and ensure that the program's direction is in accord with its authority.
If the participating boards change which board is designated to provide administrative
management of the program, any appropriation remaining for the program shall transfer to
the newly designated board on the effective date of the change. The participating boards
must inform the appropriate legislative committees and the commissioner of management
and budget of any change in the administrative management of the program, and the
amount of any appropriation transferred under this provision. deleted text end new text begin to provide advice to the
health professionals services program on profession specific monitoring and care plans
to ensure the regulated person does not endanger public safety while receiving services
from the program. The advisory committee shall consist of:
new text end

new text begin (1) the executive director of each health-related licensing board, or the director's
designee;
new text end

new text begin (2) one member appointed by the Minnesota Academy of Physician Assistants;
new text end

new text begin (3) one member appointed by the Minnesota Dental Association;
new text end

new text begin (4) one member appointed by the Minnesota Chiropractic Association;
new text end

new text begin (5) one member appointed by the Minnesota Licensed Practical Nurse Association;
new text end

new text begin (6) one member appointed by the Minnesota Medical Association;
new text end

new text begin (7) one member appointed by the Minnesota Nurses Association;
new text end

new text begin (8) one member appointed by the Minnesota Podiatric Medicine Association; and
new text end

new text begin (9) one member appointed by each of the professional associations of other
professions regulated by a participating board not specified in clauses (2) to (8).
new text end

new text begin (b) Members of the advisory committee designated in paragraph (a), clauses (2) to
(9), shall be appointed for two years and may be reappointed.
new text end

deleted text begin (b) The designated board, upon recommendation of the Health Professional Services
Program Committee, shall hire the program manager and employees and pay expenses
of the program from funds appropriated for that purpose. The designated board may
apply for grants to pay program expenses and may enter into contracts on behalf of the
program to carry out the purposes of the program. The participating boards shall enter into
written agreements with the designated board.
deleted text end

deleted text begin (c) An advisory committee is established to advise the program committee consisting
of:
deleted text end

deleted text begin (1) one member appointed by each of the following: the Minnesota Academy of
Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
Association;
deleted text end

deleted text begin (2) one member appointed by each of the professional associations of the other
professions regulated by a participating board not specified in clause (1); and
deleted text end

deleted text begin (3) two public members, as defined by section 214.02.
deleted text end

deleted text begin Members of the advisory committee shall be appointed for two years and members
may be reappointed.
deleted text end

Sec. 5.

Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Duties of health-related licensing board. new text end

new text begin Upon receiving notice of
discharge due to noncompliance, the appropriate licensing board shall temporarily suspend
the regulated person's professional license until completion of a disciplinary investigation
which must be completed by the licensing board within 60 days of receipt of notice of
discharge from the health professionals services program.
new text end

Sec. 6.

Minnesota Statutes 2012, section 214.35, is amended to read:

214.35 CLASSIFICATION OF DATA.

new text begin (a) new text end All data collected and maintained and any agreements with regulated persons
entered into as part of the program is classified as active investigative data under section
13.41 while the individual is in the program, except for monitoring data which is classified
as private. When a regulated person successfully completes the program, the data and
participation agreement become inactive investigative data which shall be classified as
private data under section 13.02, subdivision 12, or nonpublic data under section 13.02,
subdivision 9, in the case of data not on individuals. Data and agreements shall not be
forwarded to the board unless the program reports a participant to a board as described
in section 214.33, subdivision 3.

new text begin (b) Data related to discharge from the program for noncompliance and subsequent
temporary license suspension shall be classified as private data under section 13.02,
subdivision 12, in cases where a licensing board has not pursued disciplinary action within
60 days of receiving notice of discharge from the health professionals services program.
new text end

Sec. 7. new text begin COMMISSIONER OF ADMINISTRATION.
new text end

new text begin The commissioner of administration shall conduct an intake survey of the health
professionals services program to study the management and organization of the program
and reorganize the program, if necessary, to ensure its effective and efficient operation.
new text end

Sec. 8. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor shall remove cross-references to the sections repealed in section 9
wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
necessary to correct the punctuation, grammar, or structure of the remaining text and
preserve its meaning.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 214.36; and 214.37, new text end new text begin are repealed.
new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective July 1, 2014.
new text end