SF 2304

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 11:49am

A bill for an act
relating to state government; implementing changes to the sunset review;
changing certain agency requirements; requiring posting of convictions of
felonies or gross misdemeanors and malpractice settlements or judgments for a
regulated practitioner; requiring certain information on regulated practitioners;
requiring a study; prohibiting transfer of certain funds; requiring reports;
setting fees; appropriating money; amending Minnesota Statutes 2010, sections
3.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225, subdivision 7;
3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a subdivision;
Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.21, subdivisions 1,
2; proposing coding for new law in Minnesota Statutes, chapters 3D; 16B;
214; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03;
138A.04; 138A.05; 138A.06.

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

ARTICLE 1

SUNSET REVIEW

Section 1.

Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1, is
amended to read:

Subdivision 1.

Group 1.

The following agencies are sunset and, except as provided
in section 3D.14, expire on June 30, deleted text begin 2012 deleted text end new text begin 2024 new text end : Capitol Area Architectural and Planning
Board, Amateur Sports Commission, Combative Sports Commission, all health-related
licensing boards listed in section 214.01, Council on Affairs of Chicano/Latino People,
deleted text begin Council on Black Minnesotans, deleted text end Council on Asian-Pacific Minnesotans, Indian Affairs
Council, Council on Disabilities, and all advisory groups associated with these agencies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended
to read:

Subd. 2.

Group 2.

The following agencies are sunset and, except as provided in
section 3D.14, expire on June 30, 2014: Department of Health, Department of Human
Services, Department of Human Rights, Department of Education, Board of Teaching,
Minnesota Office of Higher Education, new text begin Council on Black Minnesotans, Emergency
Medical Services Regulatory Board, new text end and all advisory groups associated with these
agencies.

Sec. 3. new text begin COUNCIL ON BLACK MINNESOTANS INTERIM REVIEW.
new text end

new text begin (a) The Council on Black Minnesotans is continued for two years and added to the
2014 Sunset Advisory Commission review schedule. In the council's report to the Sunset
Advisory Commission, the council must submit an interim report and respond to issues
raised in previous audits by the Office of the Legislative Auditor.
new text end

new text begin (b) The Office of the Legislative Auditor should conduct a financial audit of the
Council of Black Minnesotans by December 1, 2013, prior to sunset review in 2014.
new text end

Sec. 4. new text begin COMBATIVE SPORTS COMMISSION REVIEW.
new text end

new text begin The commissioner of administration, in collaboration with the Office of the
Legislative Auditor, must conduct a program and financial review of the Combative Sports
Commission and must report to the legislature on the feasibility of merging the Combative
Sports Commission with the Amateur Sports Commission to form a Minnesota Sports
Commission that includes the functions of both entities. The Sunset Advisory Commission
must review this report and make a recommendation to the legislature by March 15, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 15, 2012.
new text end

ARTICLE 2

ADMINISTRATIVE PROCEDURES AND FEES

Section 1.

Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Report. new text end

new text begin The council shall prepare and distribute a report to the governor
and legislature by November 15 of each year. The report shall summarize the activities
of the council since its last report, list receipts and expenditures, identify the major
problems and issues confronting American Indian people, and list the specific objectives
that the council seeks to attain during the biennium. To the extent possible, the council
shall report on outcome measures.
new text end

Sec. 2.

Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:

Subd. 7.

Report.

The council shall prepare and distribute a report to the governor
and legislature by November 15 of each deleted text begin even-numbered deleted text end year. The report shall summarize
the activities of the council since its last report, list receipts and expenditures, identify
the major problems and issues confronting Chicano/Latino people, and list the specific
objectives that the council seeks to attain during the next biennium. new text begin To the extent possible,
the council shall report on outcome measures.
new text end

Sec. 3.

Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:

Subd. 7.

Report.

The council shall prepare and distribute a report to the governor
and legislature by November 15 of each deleted text begin even-numbered deleted text end year. The report shall summarize
the activities of the council since its last report, list receipts and expenditures, identify
the major problems and issues confronting Black people, and list the specific objectives
which the council seeks to attain during the next biennium. new text begin To the extent possible, the
council shall report on outcome measures.
new text end

Sec. 4.

Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:

Subd. 7.

Report.

The council shall prepare and distribute a report to the governor
and legislature by November 15 of each deleted text begin even-numbered deleted text end year. The report shall summarize
the activities of the council since its last report, list receipts and expenditures, identify
the major problems and issues confronting Asian-Pacific people, and list the specific
objectives that the council seeks to attain during the next biennium. new text begin To the extent possible,
the council shall report on outcome measures.
new text end

Sec. 5.

new text begin [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.
new text end

new text begin To the extent possible, the commission and the Office of the Legislative Auditor
shall align their work so that audits and program evaluations conducted by the Office
of the Legislative Auditor can inform the work of the commission. The commission
may request the Office of the Legislative Auditor to provide updates on financial audits
and program evaluations the Office of the Legislative Auditor has prepared on agencies
scheduled for Sunset Advisory Commission review.
new text end

Sec. 6.

Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:

3D.06 AGENCY REPORT TO COMMISSION.

Before September 1 of the odd-numbered year before the year in which a state agency
is subject to sunset review, the agency commissioner shall report to the commission:

(1) information regarding the application to the agency of the criteria in section
3D.10;

(2) a priority-based budget for the agency new text begin in which the agency indicates: (i) which
programs and activities the agency would devote more or less resources to if the agency
appropriation were incrementally increased or decreased; and (ii) the likely changes
in outcomes in agency goals and objectives if these incremental changes in resources
occurred new text end ;

(3) an inventory of all boards, commissions, committees, and other entities related
to the agency; and

(4) any other information that the agency commissioner considers appropriate or that
is requested by the commission.

deleted text begin The September 1 deadline in this section does not apply in 2011. deleted text end new text begin For each sunset
review cycle, the commission must specify the amounts of the incremental increases or
decreases agencies must consider for purposes of clause (2).
new text end

Sec. 7.

new text begin [3D.065] REPORT ON PERSONNEL.
new text end

new text begin By September 1 of the odd-numbered year before the year in which a state agency is
subject to sunset review, the commissioner of management and budget must report to the
Sunset Advisory Commission on the number of full-time equivalent employees and the
salary structure for each agency under review.
new text end

Sec. 8.

new text begin [16B.371] ASSISTANCE TO SMALL AGENCIES.
new text end

new text begin (a) The commissioner may provide administrative support services to small agencies.
To promote efficiency and cost-effective use of state resources, and to improve financial
controls, the commissioner may require a small agency to receive administrative support
services through the Department of Administration or through another agency designated
by the commissioner. Services subject to this section include finance, accounting, payroll,
purchasing, human resources, and other services designated by the commissioner. The
commissioner may determine what constitutes a small agency for purposes of this section.
new text end

new text begin (b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the
Council on Asian-Pacific Minnesotans, the Indian Affairs Council, the Capitol Area
Architectural and Planning Board, the Amateur Sports Commission, the Minnesota State
Council on Disability, and the Combative Sports Commission must use the services
specified in paragraph (a).
new text end

new text begin (c) The commissioner may require agencies receiving services under this section to
reimburse the agency providing the services. Reimbursements received by a providing
agency are reappropriated to the account making the expenditure in the providing agency.
new text end

new text begin (d) For agencies covered in this section, the commissioner has the authority
to require the agency to comply with applicable state finance, accounting, payroll,
purchasing, and human resources policies.
new text end

Sec. 9.

Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:

Subd. 4.

Disclosure.

Subject to the exceptions listed in this subdivision, all
communications or information received by or disclosed to the board relating to any
person or matter subject to its regulatory jurisdiction are confidential and privileged and
any disciplinary hearing shall be closed to the public.

(a) Upon application of a party in a proceeding before the board under section
147.091, the board shall produce and permit the inspection and copying, by or on behalf of
the moving party, of any designated documents or papers relevant to the proceedings, in
accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.

(b) If the board new text begin takes corrective action or new text end imposes disciplinary measures of any kind,
whether by contested case or by settlement agreement, the name and business address of
the licensee, the nature of the misconduct, and the action taken by the board are public
data. If disciplinary action is taken by settlement agreement, the entire agreement is public
data. The board shall decide disciplinary matters, whether by settlement or by contested
case, by roll call vote. The votes are public data.

(c) The board shall exchange information with other licensing boards, agencies, or
departments within the state, as required under section 214.10, subdivision 8, paragraph
(c), and may release information in the reports required under section 147.02, subdivision
6.

(d) The board shall upon request furnish to a person who made a complaint, or the
alleged victim of a violation of section 147.091, subdivision 1, paragraph (t), or both, a
description of the activities and actions of the board relating to that complaint, a summary
of the results of an investigation of that complaint, and the reasons for actions taken
by the board.

(e) A probable cause hearing held pursuant to section 147.092 shall be closed to the
public, except for the notices of hearing made public by operation of section 147.092.

(f) Findings of fact, conclusions, and recommendations issued by the administrative
law judge, and transcripts of oral arguments before the board pursuant to a contested case
proceeding in which an administrative law judge found a violation of section 147.091,
subdivision 1, paragraph (t), are public data.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Failure to report. new text end

new text begin Any person, health care facility, business, or
organization that fails to report as required under this section shall be subject to civil
penalties for failing to report as required by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

new text begin [214.056] FEES COLLECTED; FUND TRANSFER PROHIBITED.
new text end

new text begin Fees collected by health-related licensing boards must be used only to pay the costs
associated with regulation of occupations and professions under the jurisdiction of those
boards. The legislature must not transfer money generated by these fees from a special
revenue fund to the general fund.
new text end

Sec. 12.

new text begin [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.
new text end

new text begin Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, are
required to post on its public Web site the name and business address of each regulated
individual who has:
new text end

new text begin (1) a conviction during the previous ten years of a felony or gross misdemeanor.
Conviction includes a conviction of an offense that if committed in this state would be
considered a felony or gross misdemeanor without regard to its designation elsewhere,
or a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered;
new text end

new text begin (2) a malpractice settlement or judgment entered against the regulated individual in
any state or jurisdiction within the past ten years. Information describing the settlements
and judgments shall be developed by the boards, shall be stated in plain English, and shall
ensure the public understands the context of the action involving the licensee; or
new text end

new text begin (3) any disciplinary or corrective action or restriction of privileges taken against the
individual's license in this state or in any other state or jurisdiction. The Web site shall
identify the basis for disciplinary action, the type of disciplinary action taken, and whether
the action was taken by a licensing board in this or another state, the federal government,
or a health care provider as defined in section 62A.63, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

new text begin [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
new text end

new text begin (a) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall
require an applicant to provide the individual's primary business address at the time of
initial application and all subsequent renewals.
new text end

new text begin (b) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall have
the authority to conduct criminal background checks on all applicants and regulated
individuals, at the expense of the individual. The boards and the commissioner shall
establish a protocol for conducting criminal background checks no later than January 1,
2013. This protocol must require the applicant or regulated individual to:
new text end

new text begin (1) submit a full set of fingerprints to the board or its designee in a form and manner
specified by the board; and
new text end

new text begin (2) provide consent authorizing the board to obtain the individual's state and national
criminal history record information for the purpose of determining the individual's
suitability for a receiving a credential to practice.
new text end

new text begin (c) Each health-related licensing board, as defined in section 214.01, subdivision 2,
and the commissioner of health, as the regulator for occupational therapy practitioners,
speech-language pathologists, audiologists, and hearing instrument dispensers, shall
submit legislation for consideration in 2013 to require institutions, professional societies,
other licensed professionals, insurers and other entities, and the courts to report conduct
constituting grounds for disciplinary action to the respective regulatory entity. Each board
and the commissioner must include penalties that may be imposed for failure to report.
Boards with reporting obligations in statutes are exempt from this paragraph.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14. new text begin SUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH
REVIEW.
new text end

new text begin The Sunset Advisory Commission review of the Department of Health in 2013
and 2014 must include an analysis of the extent to which health occupations should be
licensed by the Department of Health, and the extent to which occupations should be
licensed by licensing boards.
new text end

Sec. 15. new text begin REPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING
BOARDS.
new text end

new text begin The health-related licensing boards and the attorney general shall review and
make recommendations to the legislature by January 15, 2013, on the respective roles
of the boards and the attorney general in conducting investigations of licensees of the
health-related licensing boards.
new text end

Sec. 16. new text begin REPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
new text end

new text begin The chief information officer of the Office of Enterprise Technology and the
commissioner of administration shall report to the legislature by January 15, 2013, on the
best method of providing electronic licensing systems to the health-related licensing
boards.
new text end

Sec. 17. new text begin REPORT; HEALTH-RELATED LICENSING BOARD FEES.
new text end

new text begin Each health-related licensing board shall report to the chair and lead minority
member of the senate and house of representatives committees with jurisdiction over
health and human services finance by January 15, 2013, on the degree to which fees
imposed by the board comply with Minnesota Statutes, sections 214.055 and 214.06.
If a board determines that its fees are expected to produce more revenue than needed
to recover expenditures during a five-year period, the board must propose reductions
in those fees to the legislature.
new text end

Sec. 18. new text begin REPORTS; ADMINISTRATIVE SUPPORT SERVICES.
new text end

new text begin (a) The commissioner of administration shall report to the legislature by January 15,
2013, on use of the SMART program by executive branch agencies.
new text end

new text begin (b) The administrative services unit of health-related licensing boards shall report to
the legislature by January 15, 2013, evaluating use of the units' services by health-related
licensing boards.
new text end

Sec. 19. new text begin PRACTICE ACT; STUDY.
new text end

new text begin The Board of Medical Practice shall convene a working group to evaluate the state's
Medical Practice Act to ensure that it effectively protects the safety and well-being of the
citizens of the state and allows transparency. In this evaluation the working group shall
consider practice acts in other states, including conduct that may result in disciplinary
action. The working group shall consult with consumers, experts, and others. The board
shall submit legislation modifying the practice for consideration in the 2013 legislative
session.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20. new text begin FEES; REDUCTION.
new text end

new text begin The application and renewal fees for the following boards shall be reduced by 25
percent:
new text end

new text begin (1) the Board of Examiners of Nursing Home Administrators established pursuant
to section 144A.19;
new text end

new text begin (2) the Board of Medical Practice established pursuant to section 147.01;
new text end

new text begin (3) the Board of Nursing established pursuant to section 148.81;
new text end

new text begin (4) the Board of Chiropractic Examiners established pursuant to section 148.02;
new text end

new text begin (5) the Board of Optometry established pursuant to section 148.52;
new text end

new text begin (6) the Board of Physical Therapy established pursuant to section 148.67;
new text end

new text begin (7) the Board of Psychology established pursuant to section 148.90;
new text end

new text begin (8) the Board of Social Work established pursuant to section 148E.025;
new text end

new text begin (9) the Board of Marriage and Family Therapy established pursuant to section
148B.30;
new text end

new text begin (10) the Board of Behavioral Health and Therapy established pursuant to section
148B.51;
new text end

new text begin (11) the Board of Dietetics and Nutrition Practice established pursuant to section
148.622;
new text end

new text begin (12) the Board of Dentistry established pursuant to section 150A.02;
new text end

new text begin (13) the Board of Pharmacy established pursuant to section 151.02;
new text end

new text begin (14) the Board of Podiatric Medicine established pursuant to section 153.02; and
new text end

new text begin (15) the Board of Veterinary Medicine established pursuant to section 156.01.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for all applications and renewals
received on or after August 1, 2012.
new text end

Sec. 21. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2013 from the general fund to the Legislative
Coordinating Commission to carry out the duties of the Sunset Advisory Commission.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05;
and 138A.06, new text end new text begin are repealed effective the day following final enactment.
new text end