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SF 2384

as introduced - 87th Legislature (2011 - 2012) Posted on 03/16/2012 11:18am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health occupations; clarifying that physicians must report to the
Board of Medical Practice any physician diverting controlled substances for
self-administration; amending Minnesota Statutes 2010, sections 147.111,
subdivision 4; 214.33, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, section 147.111, subdivision 4, is amended to read:


Subd. 4.

Licensed professionals.

A licensed health professional and persons
holding a residency permit under section 147.0391, shall report to the board personal
knowledge of any conduct which the person reasonably believes constitutes grounds for
disciplinary action under sections 147.01 to 147.22 by any physician or person holding
a residency permit under section 147.0391, including any conduct indicating that the
person may be medically incompetent, or may have engaged in unprofessional conduct
or may be medically or physically unable to engage safely in the practice of medicine.
new text begin A licensed physician or other health professional licensed under this chapter who has
personal knowledge that another physician or health professional licensed under this
chapter is diverting or has diverted controlled substances for self-administration shall
report this knowledge to the board.
new text end A licensed physician or other health professional
licensed under this chapter shall also report to the board any occurrence of any adverse
reaction resulting from an optometrist's prescription, use, or administration of any legend
drug. Any reports received by the board must be reported to the Board of Optometry. No
report shall be required if the information was obtained in the course of a physician-patient
relationship if the patient is a physician or person holding a residency permit under section
147.0391, and the treating physician successfully counsels the person to limit or withdraw
from practice to the extent required by the impairment.

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 2010, section 214.33, subdivision 1, is amended to read:


Subdivision 1.

Permission to report.

new text begin (a) new text end A person who has personal knowledge that
a regulated person has the inability 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 may report that knowledge to the program or to the
board. A report to the program under this subdivision fulfills the reporting requirement
contained in a regulated person's practice actnew text begin , except in cases where paragraph (b) appliesnew text end .

new text begin (b) A regulated person who has personal knowledge that another regulated person
is diverting controlled substances for self-administration must report that knowledge
to the regulated person's board.
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