Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 2304

3rd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/03/2012 12:23pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14
1.15 1.16
1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24
1.25
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32
3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8 3.9 3.10 3.11 3.12 3.13 3.14
3.15 3.16 3.17 3.18 3.19 3.20 3.21
3.22 3.23 3.24 3.25 3.26 3.27 3.28
3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24
4.25 4.26 4.27 4.28 4.29
4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15
5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11
6.12
6.13 6.14 6.15 6.16 6.17
6.18
6.19 6.20 6.21 6.22 6.23 6.24 6.25
6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17
7.18
7.19 7.20 7.21 7.22 7.23 7.24
7.25
7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4
8.5 8.6 8.7 8.8 8.9 8.10
8.11 8.12 8.13 8.14 8.15 8.16
8.17 8.18 8.19 8.20 8.21
8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29
8.30 9.1 9.2 9.3 9.4 9.5
9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17
9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25
9.26
9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8
10.9
10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27
10.28 10.29 10.30

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;
appropriating money; requiring a review of the Board of Medical Practice;
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 begin2012deleted text endnew text begin 2024new text end: Capitol Area Architectural and Planning
Board, Amateur Sports Commission, deleted text beginCombative Sports Commission,deleted text end 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, the Combative Sports Commission,
new text end and all advisory
groups associated with these agencies.

Sec. 3. new text beginCOUNCIL 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 beginCOMBATIVE SPORTS COMMISSION INTERIM REVIEW.
new text end

new text begin (a) The Combative Sports Commission is continued for two years and added to the
2014 Sunset Advisory Commission review schedule. In the commission's report to the
Sunset Advisory Commission, the commission 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
Combative Sports Commission by December 1, 2013, prior to sunset review in 2014.
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 submit 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, make recommendations to address issues,
and list the specific objectives that the council seeks to attain during the biennium. 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 deleted text begindistributedeleted text endnew text begin submitnew text end a report to the
governor and legislature by November 15 of each deleted text begineven-numbereddeleted 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, new text beginmake
recommendations to address issues,
new text end and list the specific objectives that the council seeks
to attain during the next biennium.new text begin 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 deleted text begindistributedeleted text endnew text begin submitnew text end a report to the
governor and legislature by November 15 of each deleted text begineven-numbereddeleted 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, new text beginmake recommendations
to address issues,
new text end and list the specific objectives which the council seeks to attain during
the next biennium.new text begin 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 deleted text begindistributedeleted text endnew text begin submitnew text end a report to the
governor and legislature by November 15 of each deleted text begineven-numbereddeleted 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,
new text begin make recommendations to address issues,new text end and list the specific objectives that the council
seeks to attain during the next biennium.new text begin 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.

new text begin (a) new text endBefore 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) deleted text begina priority-baseddeleted text endnew text begin an outcome-basednew text end budget for the agency;

(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 (b) The outcome-based budget required by paragraph (a) must be for each of the
agency's activities, as the term activity is used in state budgeting and must:
new text end

new text begin (1) identify the statutory authority for the activity;
new text end

new text begin (2) include one or more performance goals and associated performance measures
that measure outcomes, not inputs;
new text end

new text begin (3) discuss the extent to which each performance measure is reliable and verifiable,
and can be accurately measured;
new text end

new text begin (4) discuss the extent to which the agency has met each performance measure, and
the extent to which the budget devoted to the activity has permitted or prevented the
agency from meeting its performance goals;
new text end

new text begin (5) discuss efficiencies that would allow the agency to better meet its goals; and
new text end

new text begin (6) identify agencies at any level of government or private sector entities that provide
the same activities, and describe agency interaction with the activities provided by others.
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 shall be deposited in the general fund and appropriated to the agency providing the
services.
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 begintakes corrective action or new text endimposes 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 only be used to pay the costs
associated with regulation of occupations and professions under the jurisdiction of those
boards. Surcharges collected under section 16E.22 are considered costs associated with
regulations of occupations and professions for purposes of this section. The legislature
must not transfer money generated by these fees from the state government 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 (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, 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 judgment entered against the regulated individual in any state or
jurisdiction within the past ten years. Information describing the 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 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 (b) Each board and the commissioner of health must post in-state information
required in paragraph (a) no later than January 1, 2013. Information from other states and
jurisdictions must be posted no later than July 1, 2013.
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 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 EFFECTIVE DATE. new text end

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

Sec. 14. new text beginHEALTH-RELATED LICENSING BOARDS; REPORTING.
new text end

new text begin (a) By January 15, 2013, each health-related licensing board, as defined in Minnesota
Statutes, 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 to the Sunset Commission and the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services draft legislation requiring institutions, professional societies, other licensed
professionals, and insurers and other entities to report conduct constituting grounds for
disciplinary action to the respective regulatory entity. Each board and the commissioner
must include in the draft legislation penalties that may be imposed for failure to report.
new text end

new text begin (b) Health-related occupations with existing statutory reporting obligations are
exempt from this section.
new text end

Sec. 15. new text beginSUNSET 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 which occupations should be licensed by
licensing boards.
new text end

Sec. 16. new text beginREPORT; 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. 17. new text beginREPORT; 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. 18. new text beginREPORT; 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. 19. new text beginREPORTS; 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. 20. new text beginREPORT; HEALTH-RELATED LICENSING BOARD AND
COMMISSIONER OF HEALTH BACKGROUND CHECKS.
new text end

new text begin The health-related licensing boards and the commissioner of health shall jointly
study and make recommendations for establishing uniform criminal history background
check requirements applicable to applicants and regulated individuals under their
jurisdiction. The study must include procedures for conducting background checks,
payment of costs, circumstances under which federal background checks are to be
conducted, and the standard to be applied to determine whether a criminal record may
disqualify an individual from licensure or a regulated occupation. By January 15, 2013,
the boards and the commissioner shall submit a report and draft legislation to the chair
and ranking minority member of the senate and house of representatives committees with
jurisdiction over health and human services and data practices issues.
new text end

Sec. 21. new text beginPRACTICE 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 and experts. The board shall
submit draft 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. 22. new text beginBOARD OF MEDICAL PRACTICE REVIEW.
new text end

new text begin (a) As provided in Minnesota Statutes, section 3.97, subdivision 3a, paragraph
(b), the Legislative Audit Commission is requested to direct the legislative auditor to
prepare a scoping document in response to the Sunset Advisory Commission's request
for an evaluation of the Minnesota Medical Practice Act and its implementation by the
Minnesota Board of Medical Practice.
new text end

new text begin (b) If the Office of the Legislative Auditor is not authorized to carry out the
evaluation in paragraph (a) by July 1, 2012, the commissioner of administration shall
contract with the Federation of State Medical Boards to conduct a programmatic and
structural review of the Minnesota Board of Medical Practice. A copy of the review's work
plan must be submitted to the chair and vice-chair of the Sunset Advisory Commission
for review and comment. The review must be completed and submitted to the Sunset
Advisory Commission and the senate and house of representatives policy committees
having jurisdiction over the board by January 1, 2013.
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. 23. new text beginAPPROPRIATION.
new text end

new text begin (a) $....... is appropriated to the Legislative Coordinating Commission from the
general fund for the fiscal year ending June 30, 2013, to provide two staff people for the
Sunset Advisory Commission. This appropriation does not cancel.
new text end

new text begin (b) $....... is appropriated to the Office of the Legislative Auditor from the general
fund for the fiscal year ending June 30, 2013, to provide one staff person, as directed by
the Legislative Audit Commission, to coordinate with and assist the Sunset Advisory
Commission. This appropriation does not cancel.
new text end

new text begin (c) The commissioner of administration may assess agencies for services it provides
under Minnesota Statutes, section 16B.371. The amounts assessed are appropriated to
the commissioner.
new text end

new text begin (d) $45,000 is appropriated in fiscal year 2013 from the state government special
revenue fund to the commissioner of administration if the Office of the Legislative
Auditor is not authorized to conduct a review of the Board of Medical Practice and the
commissioner contracts with the Federation of State Medical Boards to conduct the
programmatic and structural review of the board. Up to five percent of this appropriation
is available to the commissioner of administration for administrative costs related to
the review.
new text end

Sec. 24. 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