SF 3147

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:17pm

1.1A bill for an act

1.2relating to health occupations; requiring license revocation and license denial
1.3for any health-related licensed professional convicted of a felony-level criminal
1.4sexual conduct offense;amending Minnesota Statutes 2008, sections 214.10, by
1.5adding a subdivision; 364.09.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2008, section 214.10, is amended by adding a
1.8subdivision to read:
1.9    Subd. 1a. Conviction of a felony-level criminal sexual conduct offense. (a)
1.10A health-related licensing board listed in section 214.01, subdivision 2, shall not grant
1.11a credential to any person who has been convicted of a felony-level criminal sexual
1.12conduct offense.
1.13(b) A license to practice is automatically revoked if the licensee is convicted of
1.14a felony-level criminal sexual conduct offense. This revocation is permanent, and the
1.15licensee shall not be eligible to reapply for a license.
1.16(c) A license that has been denied or revoked under this subdivision is not subject
1.17to chapter 364.
1.18(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
1.19guilty by a jury, or a finding of guilty by the court, and "criminal sexual conduct offense"
1.20means a violation of sections 609.342 to 609.345 or a similar statute in another jurisdiction.

1.21    Sec. 2. Minnesota Statutes 2008, section 364.09, is amended to read:
1.22364.09 EXCEPTIONS.
2.1(a) This chapter does not apply to the licensing process for peace officers; to law
2.2enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
2.3protection agencies; to eligibility for a private detective or protective agent license; to the
2.4licensing and background study process under chapters 245A and 245C; to eligibility
2.5for school bus driver endorsements; to eligibility for special transportation service
2.6endorsements; to eligibility for a commercial driver training instructor license, which is
2.7governed by section 171.35 and rules adopted under that section; to emergency medical
2.8services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
2.9applicant for the license has been discharged from sentence for a conviction within the ten
2.10years immediately preceding application of a violation of any of the following:
2.11(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
2.12subdivision 2 or 3 ;
2.13(2) any provision of chapter 152 that is punishable by a maximum sentence of
2.1415 years or more; or
2.15(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
2.16the scene of an accident, or reckless or careless driving.
2.17This chapter also shall not apply to eligibility for juvenile corrections employment, where
2.18the offense involved child physical or sexual abuse or criminal sexual conduct.
2.19(b) This chapter does not apply to a school district or to eligibility for a license
2.20issued or renewed by the Board of Teaching or the commissioner of education.
2.21(c) Nothing in this section precludes the Minnesota Police and Peace Officers
2.22Training Board or the state fire marshal from recommending policies set forth in this
2.23chapter to the attorney general for adoption in the attorney general's discretion to apply to
2.24law enforcement or fire protection agencies.
2.25(d) This chapter does not apply to a license to practice medicine credential that has
2.26been denied or revoked by the Board of Medical Practice pursuant to section 147.091,
2.27subdivision 1a any of the health-related licensing boards listed in section 214.01,
2.28subdivision 2.