SF 3003

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/21/2023 08:17am

A bill for an act
relating to health occupations; amending grounds for issuing licenses or imposing
discipline against a physician; amending Minnesota Statutes 2022, section 147.091,
subdivisions 1, 6.

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

Section 1.

Minnesota Statutes 2022, section 147.091, subdivision 1, is amended to read:

Subdivision 1.

Grounds listed.

The board may refuse to grant a license, may refuse to
grant registration to perform interstate telehealth services, or may impose disciplinary action
as described in section 147.141 against any physician. The following conduct is prohibited
and is grounds for disciplinary action:

(a) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in this chapter or rules of the board. The burden of proof shall be upon the applicant
to demonstrate such qualifications or satisfaction of such requirements.

(b) Obtaining a license by fraud or cheating, or attempting to subvert the licensing
examination process. Conduct which subverts or attempts to subvert the licensing examination
process includes, but is not limited to: (1) conduct which violates the security of the
examination materials, such as removing examination materials from the examination room
or having unauthorized possession of any portion of a future, current, or previously
administered licensing examination; (2) conduct which violates the standard of test
administration, such as communicating with another examinee during administration of the
examination, copying another examinee's answers, permitting another examinee to copy
one's answers, or possessing unauthorized materials; or (3) impersonating an examinee or
permitting an impersonator to take the examination on one's own behalf.

(c) Conviction, during the previous five years, of a felony reasonably related to the
practice of medicine or osteopathic medicine. Conviction as used in this subdivision shall
include a conviction of an offense which if committed in this state would be deemed a felony
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 thereon.

(d) Revocation, suspension, restriction, limitation, or other disciplinary action against
the person's medical license in another state or jurisdiction, failure to report to the board
that charges regarding the person's license have been brought in another state or jurisdiction,
or having been refused a license by any other state or jurisdiction.

(e) Advertising which is false or misleading, which violates any rule of the board, or
which claims without substantiation the positive cure of any disease, or professional
superiority to or greater skill than that possessed by another physician.

(f) Violating a rule promulgated by the board or an order of the board, a state, or federal
law which relates to the practice of medicine, or in part regulates the practice of medicine
including without limitation sections 604.201, 609.344, and 609.345, or a state or federal
narcotics or controlled substance law.

(g) Engaging in any unethical or improper conduct, including but not limited to:

(1) conduct likely to deceive or defraud the public;

(2) conduct likely to harm the public;

(3) conduct that demonstrates a willful or careless disregard for the health, welfare, or
safety of a patient;

(4) medical practice that is professionally incompetent; and

(5) conduct that may create unnecessary danger to any patient's life, health, or safety,
in any of which cases, proof of actual injury need not be established.

(h) Failure to provide proper supervision, including but not limited to supervision of a:

(1) licensed or unlicensed health care provider; and

(2) physician under any agreement with the board.

(i) Aiding or abetting an unlicensed person in the practice of medicine, except that it is
not a violation of this paragraph for a physician to employ, supervise, or delegate functions
to a qualified person who may or may not be required to obtain a license or registration to
provide health services if that person is practicing within the scope of that person's license
or registration or delegated authority.

(j) Adjudication by a court of competent jurisdiction, within or outside this state, as:

(1) mentally incompetent;

(2) mentally ill;

(3) developmentally disabled;

(4) a chemically dependent person;

(5) a person dangerous to the public;

(6) a sexually dangerous person; or

(7) a person who has a sexual psychopathic personality.

Such adjudication shall automatically suspend a license for the duration of the
adjudication unless the board orders otherwise.

(k) Conduct that departs from or fails to conform to the minimal standards of acceptable
and prevailing medical practice in which case proof of actual injury need not be established.

(l) Inability to practice medicine with reasonable skill and safety to patients by reason
of the following, including but not limited to:

(1) illness;

(2) intoxication;

(3) use of drugs, narcotics, chemicals, or any other type of substance;

(4) mental condition new text begin , except that seeking or receiving care for a mental condition by
itself does not constitute inability to practice medicine with reasonable skill and safety to
patients new text end ;

(5) physical condition;

(6) diminished cognitive ability;

(7) loss of motor skills; or

(8) deterioration through the aging process.

(m) Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.

(n) Failure by a doctor of osteopathic medicine to identify the school of healing in the
professional use of the doctor's name by one of the following terms: osteopathic physician
and surgeon, doctor of osteopathic medicine, or D.O.

(o) Improper management of medical records, including failure to maintain adequate
medical records, to comply with a patient's request made pursuant to sections 144.291 to
144.298 or to furnish a medical record or report required by law.

(p) Fee splitting, including without limitation:

(1) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, or
remuneration, directly or indirectly, primarily for the referral of patients or the prescription
of drugs or devices;

(2) dividing fees with another physician or a professional corporation, unless the division
is in proportion to the services provided and the responsibility assumed by each professional
and the physician has disclosed the terms of the division;

(3) referring a patient to any health care provider as defined in sections 144.291 to
144.298 in which the referring physician has a "financial or economic interest," as defined
in section 144.6521, subdivision 3, unless the physician has disclosed the physician's financial
or economic interest in accordance with section 144.6521; and

(4) dispensing for profit any drug or device, unless the physician has disclosed the
physician's own profit interest.

The physician must make the disclosures required in this clause in advance and in writing
to the patient and must include in the disclosure a statement that the patient is free to choose
a different health care provider. This clause does not apply to the distribution of revenues
from a partnership, group practice, nonprofit corporation, or professional corporation to its
partners, shareholders, members, or employees if the revenues consist only of fees for
services performed by the physician or under a physician's direct supervision, or to the
division or distribution of prepaid or capitated health care premiums, or fee-for-service
withhold amounts paid under contracts established under other state law.

(q) Engaging in abusive or fraudulent billing practices, including violations of the federal
Medicare and Medicaid laws or state medical assistance laws.

(r) Becoming addicted or habituated to a drug or intoxicant.

(s) Inappropriate prescribing of or failure to properly prescribe a drug or device, including
prescribing a drug or device for other than medically accepted therapeutic or experimental
or investigative purposes authorized by a state or federal agency.

(t) Engaging in conduct with a patient which is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior which is seductive or sexually demeaning
to a patient.

(u) Failure to make reports as required by section 147.111 or to cooperate with an
investigation of the board as required by section 147.131.

(v) Knowingly providing false or misleading information that is directly related to the
care of that patient unless done for an accepted therapeutic purpose such as the administration
of a placebo.

(w) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:

(1) a copy of the record of criminal conviction or plea of guilty for a felony in violation
of section 609.215, subdivision 1 or 2;

(2) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;

(3) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5; or

(4) a finding by the board that the person violated section 609.215, subdivision 1 or 2.
The board shall investigate any complaint of a violation of section 609.215, subdivision 1
or 2.

(x) Practice of a board-regulated profession under lapsed or nonrenewed credentials.

(y) Failure to repay a state or federally secured student loan in accordance with the
provisions of the loan.

(z) Providing interstate telehealth services other than according to section 147.032.

Sec. 2.

Minnesota Statutes 2022, section 147.091, subdivision 6, is amended to read:

Subd. 6.

Mental examination; access to medical data.

(a) If the board has probable
cause to believe that a regulated person comes under subdivision 1, paragraph (1), it may
direct the person to submit to a mental or physical examination. For the purpose of this
subdivision every regulated person is deemed to have consented to submit to a mental or
physical examination when directed in writing by the board and further to have waived all
objections to the admissibility of the examining physicians' testimony or examination reports
on the ground that the same constitute a privileged communication. Failure of a regulated
person to submit to an examination when directed constitutes an admission of the allegations
against the person, unless the failure was due to circumstance beyond the person's control,
in which case a default and final order may be entered without the taking of testimony or
presentation of evidence. A regulated person affected under this paragraph shall at reasonable
intervals be given an opportunity to demonstrate that the person can resume the competent
practice of the regulated profession with reasonable skill and safety to the public.

In any proceeding under this paragraph, neither the record of proceedings nor the orders
entered by the board shall be used against a regulated person in any other proceeding.

(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a regulated person or
applicant without the person's or applicant's consent if the board has probable cause to
believe that a regulated person comes under subdivision 1, paragraph (1). The medical data
may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph
(i), an insurance company, or a government agency, including the Department of Human
Services. A provider, insurance company, or government agency shall comply with any
written request of the board under this subdivision and is not liable in any action for damages
for releasing the data requested by the board if the data are released pursuant to a written
request under this subdivision, unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained
under this subdivision is classified as private under sections 13.01 to 13.87.

new text begin (c) Notwithstanding paragraphs (a) and (b), the board must not direct a person to submit
to a mental examination or obtain medical data and health records based solely on the fact
that the person has sought out or received care for a mental health condition.
new text end