SF 2332

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health professions; modifying provisions 
  1.3             relating to sexual misconduct; amending Minnesota 
  1.4             Statutes 1994, sections 13.99, subdivision 44; 147.01, 
  1.5             subdivision 4; and 147.091, by adding a subdivision; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 147. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 13.99, 
  1.10  subdivision 44, is amended to read: 
  1.11     Subd. 44.  [RECORD OF PHYSICIAN DISCIPLINARY ACTION.] The 
  1.12  administrative record of any disciplinary action taken by the 
  1.13  board of medical practice under sections 147.01 to 147.22 is 
  1.14  sealed upon judicial review as provided in section 
  1.15  147.151.  Certain data relating to sexual misconduct are 
  1.16  classified under sections 147.092 and 147.01. 
  1.17     Sec. 2.  [147.001] [PURPOSE.] 
  1.18     The primary responsibility and obligation of the board of 
  1.19  medical practice is to protect the public. 
  1.20     In the interest of public health, safety, and welfare, and 
  1.21  to protect the public from the unprofessional, improper, 
  1.22  incompetent, and unlawful practice of medicine, it is necessary 
  1.23  to provide laws and regulations to govern the granting and 
  1.24  subsequent use of the license to practice medicine. 
  1.25     Sec. 3.  Minnesota Statutes 1994, section 147.01, 
  1.26  subdivision 4, is amended to read: 
  2.1      Subd. 4.  [DISCLOSURE.] Subject to the exceptions listed in 
  2.2   this subdivision, all communications or information received by 
  2.3   or disclosed to the board relating to any person or matter 
  2.4   subject to its regulatory jurisdiction are confidential and 
  2.5   privileged and any disciplinary hearing shall be closed to the 
  2.6   public.  
  2.7      (a) Upon application of a party in a proceeding before the 
  2.8   board under section 147.091, the board shall produce and permit 
  2.9   the inspection and copying, by or on behalf of the moving party, 
  2.10  of any designated documents or papers relevant to the 
  2.11  proceedings, in accordance with the provisions of rule 34, 
  2.12  Minnesota rules of civil procedure.  
  2.13     (b) If the board imposes disciplinary measures of any kind, 
  2.14  whether by contested case or by settlement agreement, the name 
  2.15  and business address of the licensee, the nature of the 
  2.16  misconduct, and the action taken by the board are public data.  
  2.17  If disciplinary action is taken by settlement agreement, the 
  2.18  entire agreement is public data.  The board shall decide 
  2.19  disciplinary matters, whether by settlement or by contested 
  2.20  case, by roll call vote.  The votes are public data.  
  2.21     (c) The board shall exchange information with other 
  2.22  licensing boards, agencies, or departments within the state, as 
  2.23  required under section 214.10, subdivision 8, paragraph (d), and 
  2.24  may release information in the reports required under sections 
  2.25  147.02, subdivision 6, and 214.10, subdivision 8, paragraph (b). 
  2.26     (d) The board shall upon request furnish to a person who 
  2.27  made a complaint, or the alleged victim of a violation of 
  2.28  section 147.091, subdivision 1, paragraph (t), or both, a 
  2.29  description of the activities and actions of the board relating 
  2.30  to that complaint, a summary of the results of an investigation 
  2.31  of that complaint, a description of the activities and actions 
  2.32  of the board relating to that complaint, and the reasons for 
  2.33  actions taken by the board.  
  2.34     (e) A probable cause hearing held pursuant to section 
  2.35  147.092 shall be closed to the public, except for the notices of 
  2.36  hearing made public by operation of section 147.092.  
  3.1      (f) Findings of fact, conclusions, and recommendations 
  3.2   issued by the administrative law judge, and transcripts of oral 
  3.3   arguments before the board pursuant to a contested case 
  3.4   proceeding in which an administrative law judge found a 
  3.5   violation of section 147.091, subdivision 1, paragraph (t), are 
  3.6   public data. 
  3.7      Sec. 4.  Minnesota Statutes 1994, section 147.091, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 8.  [LIMITATION.] No board proceeding against a 
  3.10  regulated person shall be instituted unless commenced within 
  3.11  seven years from the date of the commission of some portion of 
  3.12  the offense or misconduct complained of except for alleged 
  3.13  violations of subdivision 1, paragraph (t). 
  3.14     Sec. 5.  [147.092] [PROBABLE CAUSE HEARING; SEXUAL 
  3.15  MISCONDUCT.] 
  3.16     (a) In any contested case in which a violation of section 
  3.17  147.091, subdivision 1, paragraph (t), is charged all parties 
  3.18  shall be afforded an opportunity for a probable cause hearing 
  3.19  before an administrative law judge.  The motion for a hearing 
  3.20  must be made to the office of administrative hearings within 20 
  3.21  days of the filing date of the contested case and served upon 
  3.22  the board upon filing.  Any hearing shall be held within 30 days 
  3.23  of the motion.  The administrative law judge shall issue a 
  3.24  decision within 20 days of completion of the probable cause 
  3.25  hearing.  If there is no request for a hearing, the portion of 
  3.26  the notice of and order for hearing relating to allegations of 
  3.27  sexual misconduct automatically becomes public. 
  3.28     (b) The scope of the probable cause hearing is confined to 
  3.29  a review of the facts upon which the complaint review committee 
  3.30  of the board based its determination that there was a reasonable 
  3.31  belief that section 147.091, subdivision 1, paragraph (t), was 
  3.32  violated.  The administrative law judge shall determine whether 
  3.33  there is a sufficient showing of probable cause to believe the 
  3.34  licensee committed the violations listed in the notice of and 
  3.35  order for hearing, and shall receive evidence offered in support 
  3.36  or opposition.  Each party may cross-examine any witnesses 
  4.1   produced by the other.  A finding of probable cause shall be 
  4.2   based upon the entire record including reliable hearsay in whole 
  4.3   or in part and requires only a preponderance of the evidence.  
  4.4   The burden of proof rests with the board. 
  4.5      (c) Upon a showing of probable cause, that portion of the 
  4.6   notice of and order for hearing filed by the board that pertains 
  4.7   to the allegations of sexual misconduct, including the factual 
  4.8   allegations that support the charge, become public data.  In 
  4.9   addition, the notice of and order for hearing may be amended.  A 
  4.10  finding of no probable cause by the administrative law judge is 
  4.11  grounds for dismissal without prejudice.  Nothing in this 
  4.12  section shall prevent the board from reopening the investigation 
  4.13  or filing charges based on the same subject matter at a later 
  4.14  date.