SF 38

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions relating to 
  1.3             recordkeeping by persons regulated by the board of 
  1.4             medical practice; amending Minnesota Statutes 1996, 
  1.5             section 147.091, subdivision 2; repealing Minnesota 
  1.6             Rules, part 5600.0605, subpart 10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 147.091, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [AUTOMATIC SUSPENSION.] (a) A license to practice 
  1.11  medicine is automatically suspended if (1) a guardian of the 
  1.12  person of a licensee is appointed by order of a court pursuant 
  1.13  to sections 525.54 to 525.61, for reasons other than the 
  1.14  minority of the licensee; or (2) the licensee is committed by 
  1.15  order of a court pursuant to chapter 253B.  The license remains 
  1.16  suspended until the licensee is restored to capacity by a court 
  1.17  and, upon petition by the licensee, the suspension is terminated 
  1.18  by the board after a hearing.  
  1.19     (b) Upon notice to the board of a judgment of, or a plea of 
  1.20  guilty to, a felony reasonably related to the practice of 
  1.21  patient care, the credentials of the regulated person shall be 
  1.22  automatically suspended by the board.  The credentials shall 
  1.23  remain suspended until, upon petition by the regulated person 
  1.24  and after a hearing, the suspension is terminated by the board.  
  1.25  The board shall indefinitely suspend or revoke the credentials 
  1.26  of the regulated person if, after a hearing, the board finds 
  2.1   that the felonious conduct would cause a serious risk of harm to 
  2.2   the public. 
  2.3      (c) For credentials that have been suspended or revoked 
  2.4   pursuant to this subdivision paragraphs (a) and (b), the 
  2.5   regulated person may be reinstated to practice, either with or 
  2.6   without restrictions, by demonstrating clear and convincing 
  2.7   evidence of rehabilitation, as provided in section 364.03.  If 
  2.8   the regulated person's conviction is subsequently overturned by 
  2.9   court decision, the board shall conduct a hearing to review the 
  2.10  suspension within 30 days after receipt of the court decision.  
  2.11  The regulated person is not required to prove rehabilitation if 
  2.12  the subsequent court decision overturns previous court findings 
  2.13  of public risk. 
  2.14     (d) The board may, upon majority vote of a quorum of its 
  2.15  members, suspend the credentials of a regulated person without a 
  2.16  hearing if the regulated person fails to maintain a current name 
  2.17  and address with the board, as described in paragraph (e), while 
  2.18  the regulated person is:  (1) under board investigation, and a 
  2.19  notice of conference has been issued by the board; (2) party to 
  2.20  a contested case with the board; (3) party to an agreement for 
  2.21  corrective action with the board; or (4) under a board order for 
  2.22  disciplinary action.  The suspension shall remain in effect 
  2.23  until lifted by the board pursuant to the board's receipt of a 
  2.24  petition from the regulated person, along with the regulated 
  2.25  person's current name and address. 
  2.26     (e) A person regulated by the board shall maintain a 
  2.27  current name and address with the board and shall notify the 
  2.28  board in writing within 30 days of any change in name or 
  2.29  address.  If a name change only is requested, the regulated 
  2.30  person must request revised credentials and return the current 
  2.31  credentials to the board.  The board may require the regulated 
  2.32  person to substantiate the name change by submitting official 
  2.33  documentation from a court of law or agency authorized under law 
  2.34  to receive and officially record a name change.  If an address 
  2.35  change only is requested, no request for revised credentials is 
  2.36  required.  If the regulated person's current credentials have 
  3.1   been lost, stolen, or destroyed, the person shall provide a 
  3.2   written explanation to the board. 
  3.3      Sec. 2.  [REPEALER.] 
  3.4      Minnesota Rules, part 5600.0605, subpart 10, is repealed.