SF 2957

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to professions; requiring reporting of 
  1.3             practice act violations to the board of dentistry; 
  1.4             providing complainant immunity; amending Minnesota 
  1.5             Statutes 2000, section 13.383, subdivision 13; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 150A. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 13.383, 
  1.10  subdivision 13, is amended to read: 
  1.11     Subd. 13.  [DENTISTS, DENTAL HYGIENISTS, AND DENTAL 
  1.12  ASSISTANTS.] (a)  [REQUIRED EXAMINATIONS; MEDICAL RECORDS.] Data 
  1.13  obtained by the board of dentistry when requiring a mental or 
  1.14  physical examination of a dentist, dental hygienist, or dental 
  1.15  assistant or when accessing the medical records of a dentist, 
  1.16  dental hygienist, or dental assistant are classified under 
  1.17  sections 150A.08, subdivisions 5 and 6, and 150A.081. 
  1.18     (b)  [PATIENT RECORDS.] Patient records of a patient cared 
  1.19  for by a dentist, dental hygienist, or dental assistant who is 
  1.20  under review by the board of dentistry are classified under 
  1.21  section 150A.081. 
  1.22     (c)  [INVESTIGATIVE DATA.] Reports submitted to the board 
  1.23  of dentistry containing information about violations are 
  1.24  classified under section 150A.14. 
  1.25     Sec. 2.  [150A.13] [REPORTING OBLIGATIONS.] 
  1.26     Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
  2.1   knowledge of any conduct by an applicant for licensure or 
  2.2   registration, a registrant, or a licensee that may constitute 
  2.3   grounds for disciplinary action under this chapter or the rules 
  2.4   of the board or of any unlicensed practice under this chapter 
  2.5   may report the violation to the board. 
  2.6      Subd. 2.  [INSTITUTIONS.] A state agency, political 
  2.7   subdivision, agency of a local unit of government, private 
  2.8   agency, hospital, clinic, prepaid dental plan, or other health 
  2.9   care institution or organization located in this state shall 
  2.10  report to the board any action taken by the agency, institution, 
  2.11  or organization or any of its administrators or dental or other 
  2.12  committees to revoke, suspend, restrict, or condition an 
  2.13  applicant's, registrant's, or licensee's privilege to practice 
  2.14  or treat patients or clients in the institution, or as part of 
  2.15  the organization, any denial of privileges, or any other 
  2.16  disciplinary action for conduct that might constitute grounds 
  2.17  for disciplinary action by the board under this chapter.  The 
  2.18  institution or organization shall also report the resignation of 
  2.19  any applicants, registrants, or licensees prior to the 
  2.20  conclusion of any disciplinary action proceeding for conduct 
  2.21  that might constitute grounds for disciplinary action under this 
  2.22  chapter, or prior to the commencement of formal charges but 
  2.23  after the applicant, registrant, or licensee had knowledge that 
  2.24  formal charges were contemplated or in preparation. 
  2.25     Subd. 3.  [PROFESSIONAL SOCIETIES OR ASSOCIATIONS.] A state 
  2.26  or local professional society or association for registrants or 
  2.27  licensees shall forward to the board any complaint received 
  2.28  concerning the ethics or conduct of the practice which the board 
  2.29  regulates.  The society or association shall forward a complaint 
  2.30  to the board upon receipt of the complaint.  The society or 
  2.31  association shall also report to the board any disciplinary 
  2.32  action taken against a member. 
  2.33     Subd. 4.  [LICENSED PROFESSIONALS.] (a) A licensed or 
  2.34  registered health professional shall report to the board 
  2.35  information on conduct by any person that the licensed or 
  2.36  registered health professional reasonably believes constitutes 
  3.1   grounds for disciplinary action under this chapter. 
  3.2      (b) A licensed or registered health professional shall also 
  3.3   report to the board information on any other conduct by an 
  3.4   applicant, registrant, or licensee that constitutes grounds for 
  3.5   disciplinary action under this chapter or the rules of the board 
  3.6   when the licensed health professional reasonably believes that a 
  3.7   client's functioning has been or likely will be affected 
  3.8   negatively by the conduct, regardless of whether the conduct has 
  3.9   ceased. 
  3.10     (c) Notwithstanding paragraphs (a) and (b), a licensed 
  3.11  health professional shall report to the board knowledge of any 
  3.12  actions which institutions must report under subdivision 2. 
  3.13     Subd. 5.  [REPORTING OTHER LICENSED PROFESSIONALS.] An 
  3.14  applicant, registrant, or licensee shall report to the 
  3.15  appropriate board conduct by a licensed health professional 
  3.16  which would constitute grounds for a disciplinary action under 
  3.17  the chapter governing the practice of the other licensed health 
  3.18  professional and which is required by law to be reported to the 
  3.19  same board.  
  3.20     Subd. 6.  [INSURERS AND OTHER ENTITIES MAKING LIABILITY 
  3.21  PAYMENTS.] (a) Four times each year as prescribed by the board, 
  3.22  each insurer authorized to sell insurance described in section 
  3.23  60A.06, subdivision 1, clause (13), and providing professional 
  3.24  liability insurance to applicants, registrants, or licensees, or 
  3.25  the medical joint underwriting association under chapter 62F, 
  3.26  shall submit to the board a report concerning the applicants, 
  3.27  registrants, and licensees against whom malpractice settlements 
  3.28  or awards have been made to the plaintiff.  The report must 
  3.29  contain at least the following information: 
  3.30     (1) the total number of malpractice settlements or awards 
  3.31  made; 
  3.32     (2) the date the malpractice settlements or awards were 
  3.33  made; 
  3.34     (3) the allegations contained in the claim or complaint 
  3.35  leading to the settlements or awards made; 
  3.36     (4) the dollar amount of each malpractice settlement or 
  4.1   award; 
  4.2      (5) the regular address of the practice of the applicant, 
  4.3   registrant, and/or licensee against whom an award was made or 
  4.4   with whom a settlement was made; and 
  4.5      (6) the name of the applicant, registrant, or licensee 
  4.6   against whom an award was made or with whom a settlement was 
  4.7   made. 
  4.8      (b) A dental clinic, hospital, political subdivision, or 
  4.9   other entity which makes professional liability insurance 
  4.10  payments on behalf of applicants, registrants, or licensees 
  4.11  shall submit to the board a report concerning malpractice 
  4.12  settlements or awards paid on behalf of applicants, registrants, 
  4.13  or licensees, and any settlements or awards paid by a clinic, 
  4.14  hospital, political subdivision, or other entity on its own 
  4.15  behalf because of care rendered by applicants, registrants, or 
  4.16  licensees.  This requirement excludes forgiveness of bills.  The 
  4.17  report shall be made to the board within 30 days of payment of 
  4.18  all or part of any settlement or award. 
  4.19     (c) The insurance company or other entity making 
  4.20  professional liability insurance payments shall, in addition to 
  4.21  the information in paragraph (b), report to the board any 
  4.22  information it possesses that tends to substantiate a charge, 
  4.23  including the factual data underlying a settlement, that an 
  4.24  applicant, registrant, or licensee may have engaged in conduct 
  4.25  violating this chapter or rules of the board. 
  4.26     Subd. 7.  [COURTS.] The court administrator of district 
  4.27  court or any other court of competent jurisdiction shall report 
  4.28  to the board any judgment or other determination of the court 
  4.29  that adjudges or includes a finding that an applicant, 
  4.30  registrant, or licensee is mentally ill, mentally incompetent, 
  4.31  guilty of a felony, guilty of a violation of federal or state 
  4.32  narcotics laws or controlled substances act, or guilty of an 
  4.33  abuse or fraud under Medicare or Medicaid; or that appoints a 
  4.34  guardian of the applicant, registrant, or licensee pursuant to 
  4.35  sections 525.54 to 525.61, or commits an applicant, registrant, 
  4.36  or licensee pursuant to chapter 253B. 
  5.1      Subd. 8.  [SELF-REPORTING.] An applicant, registrant, or 
  5.2   licensee shall report to the board any personal action that 
  5.3   would require that a report be filed by any person, health care 
  5.4   facility, business, or organization pursuant to subdivision 2 to 
  5.5   7. 
  5.6      Subd. 9.  [DEADLINES; FORMS.] Reports required by 
  5.7   subdivisions 2 to 8 must be submitted not later than 30 days 
  5.8   after the occurrence of the reportable event or transaction.  
  5.9   The board may provide forms for the submission of reports 
  5.10  required by this section, may require that reports be submitted 
  5.11  on the forms provided, and may adopt rules necessary to assure 
  5.12  prompt and accurate reporting. 
  5.13     Subd. 10.  [SUBPOENAS.] The board may issue subpoenas for 
  5.14  the production of any reports required by subdivisions 2 to 8 or 
  5.15  any related documents. 
  5.16     Sec. 3.  [150A.14] [IMMUNITY.] 
  5.17     Subdivision 1.  [REPORTING IMMUNITY.] A person is immune 
  5.18  from civil liability or criminal prosecution for submitting a 
  5.19  report in good faith to the board under section 150A.13 or for 
  5.20  cooperating with an investigation of a report or with staff of 
  5.21  the board.  Reports are confidential data on individuals under 
  5.22  section 13.02, subdivision 3, and are privileged communications. 
  5.23     Subd. 2.  [PROGRAM IMMUNITY.] Members of the board and 
  5.24  persons employed by the board, board consultants, and members of 
  5.25  advisory bodies for the board are immune from civil liability 
  5.26  and criminal prosecution for any actions, transactions, or 
  5.27  reports in the execution of, or relating to, their duties under 
  5.28  section 150A.13.