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SF 3147

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 03:56pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health occupation; requiring license revocation for chiropractors
convicted of a felony-level criminal sexual conduct offense; amending Minnesota
Statutes 2008, sections 148.10, by adding a subdivision; 364.09.

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

Section 1.

Minnesota Statutes 2008, section 148.10, is amended by adding a
subdivision to read:


new text begin Subd. 7. new text end

new text begin Conviction of a felony-level criminal sexual conduct offense. new text end

new text begin (a) The
board may not grant a license to practice of chiropractic to any person who has been
convicted of a felony-level criminal sexual conduct offense.
new text end

new text begin (b) A license to practice of chiropractic is automatically revoked if the licensee is
convicted of a felony-level criminal sexual conduct offense.
new text end

new text begin (c) A license that has been denied or revoked pursuant to this subdivision is not
subject to chapter 364.
new text end

new text begin (d) For purposes of this subdivision, "conviction" means a verdict of guilty by a jury,
or a finding of guilty by the court, and "criminal sexual conduct offense" means a violation
of sections 609.342 to 609.345 or a similar statute in another jurisdiction.
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

Sec. 2.

Minnesota Statutes 2008, section 364.09, is amended to read:


364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3
;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

new text begin (e) This chapter does not apply to a license to practice chiropractic that has been
denied or revoked by the Board of Chiropractic Examiners under section 148.10,
subdivision 7.
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