Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 556-H.F.No. 2120 
                  An act relating to occupations and professions; 
                  providing that health-related licensing boards may 
                  establish a program to protect the public from 
                  impaired regulated persons; providing for 
                  appointments; providing for rulemaking; appropriating 
                  money; amending Minnesota Statutes 1993 Supplement, 
                  section 214.06, subdivision 1; proposing coding for 
                  new law in Minnesota Statutes, chapter 214.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        214.06, subdivision 1, is amended to read: 
           Subdivision 1.  [FEE ADJUSTMENT.] Notwithstanding any law 
        to the contrary, the commissioner of health as authorized by 
        section 214.13, all health-related licensing boards and all 
        non-health-related licensing boards shall by rule, with the 
        approval of the commissioner of finance, adjust, as needed, any 
        fee which the commissioner of health or the board is empowered 
        to assess a.  As provided in section 16A.1285, the adjustment 
        shall be an amount sufficient amount so that the total fees 
        collected by each board will as closely as possible equal 
        anticipated expenditures during the fiscal biennium, as provided 
        in section 16A.128 including expenditures for the programs 
        authorized by sections 214.17 to 214.25 and 2 to 8.  For members 
        of an occupation registered after July 1, 1984, by the 
        commissioner of health under the provisions of section 214.13, 
        the fee established must include an amount necessary to recover, 
        over a five-year period, the commissioner's direct expenditures 
        for adoption of the rules providing for registration of members 
        of the occupation.  All fees received shall be deposited in the 
        state treasury.  Fees received by the commissioner of health or 
        health-related licensing boards must be credited to the health 
        occupations licensing account in the state government special 
        revenue fund.  
                     HEALTH PROFESSIONALS SERVICES PROGRAM 
           Sec. 2.  [214.31] [AUTHORITY.] 
           Two or more of the health-related licensing boards listed 
        in section 214.01, subdivision 2, may jointly conduct a health 
        professionals services program to protect the public from 
        persons regulated by the boards who are unable to practice with 
        reasonable skill and safety by reason of illness, use of 
        alcohol, drugs, chemicals, or any other materials, or as a 
        result of any mental, physical, or psychological condition.  The 
        program does not affect a board's authority to discipline 
        violations of a board's practice act. 
           Sec. 3.  [214.32] [PROGRAM MANAGEMENT, SERVICES, 
        PARTICIPANT COSTS, ELIGIBILITY, COMPLETIONS, VOLUNTARY 
        TERMINATION AND DISCHARGE.] 
           Subdivision 1.  [MANAGEMENT.] (a) A health professionals 
        services program committee is established, consisting of one 
        person appointed by each participating board, with each 
        participating board having one vote.  The committee shall 
        designate one board to provide administrative management of the 
        program, set the program budget and the pro rata share of 
        program expenses to be borne by each participating board, 
        provide guidance on the general operation of the program, 
        including hiring of program personnel, and ensure that the 
        program's direction is in accord with its authority.  No more 
        than half plus one of the members of the committee may be of one 
        gender.  
           (b) The designated board, upon recommendation of the health 
        professional services program committee, shall hire the program 
        manager and employees and pay expenses of the program from funds 
        appropriated for that purpose.  The designated board may apply 
        for grants to pay program expenses and may enter into contracts 
        on behalf of the program to carry out the purposes of the 
        program.  The participating boards shall enter into written 
        agreements with the designated board. 
           (c) An advisory committee is established to advise the 
        program committee consisting of: 
           (1) one member appointed by each of the following:  the 
        Minnesota Academy of Physician Assistants, the Minnesota Dental 
        Association, the Minnesota Chiropractic Association, the 
        Minnesota Licensed Practical Nurse Association, the Minnesota 
        Medical Association, the Minnesota Nurses Association, and the 
        Minnesota Podiatric Medicine Association; 
           (2) one member appointed by each of the professional 
        associations of the other professions regulated by a 
        participating board not specified in clause (1); and 
           (3) two public members, as defined by section 214.02.  
        Members of the advisory committee shall be appointed for two 
        years and members may be reappointed.  
           No more than half plus one of the members of the committee 
        may be of one gender. 
           The advisory committee expires June 30, 1997. 
           Subd. 2.  [SERVICES.] (a) The program shall provide the 
        following services to program participants: 
           (1) referral of eligible regulated persons to qualified 
        professionals for evaluation, treatment, and a written plan for 
        continuing care consistent with the regulated person's illness.  
        The referral shall take into consideration the regulated 
        person's financial resources as well as specific needs; 
           (2) development of individualized program participation 
        agreements between participants and the program to meet the 
        needs of participants and protect the public.  An agreement may 
        include, but need not be limited to, recommendations from the 
        continuing care plan, practice monitoring, health monitoring, 
        practice restrictions, random drug screening, support group 
        participation, filing of reports necessary to document 
        compliance, and terms for successful completion of the regulated 
        person's program; and 
           (3) monitoring of compliance by participants with 
        individualized program participation agreements or board orders. 
           (b) The program may develop services related to sections 2 
        to 8 for employers and colleagues of regulated persons from 
        participating boards. 
           Subd. 3.  [PARTICIPANT COSTS.] Each program participant 
        shall be responsible for paying for the costs of physical, 
        psychosocial, or other related evaluation, treatment, laboratory 
        monitoring, and random drug screens. 
           Subd. 4.  [ELIGIBILITY.] Admission to the health 
        professional services program is available to a person regulated 
        by a participating board who is unable to practice with 
        reasonable skill and safety by reason of illness, use of 
        alcohol, drugs, chemicals, or any other materials, or as a 
        result of any mental, physical, or psychological condition.  
        Admission in the health professional services program shall be 
        denied to persons: 
           (1) who have diverted controlled substances for other than 
        self-administration; 
           (2) who have been terminated from this or any other state 
        professional services program for noncompliance in the program; 
           (3) currently under a board disciplinary order or 
        corrective action agreement, unless referred by a board; 
           (4) regulated under sections 214.17 to 214.25, unless 
        referred by a board or by the commissioner of health; 
           (5) accused of sexual misconduct; or 
           (6) whose continued practice would create a serious risk of 
        harm to the public. 
           Subd. 5.  [COMPLETION; VOLUNTARY TERMINATION; DISCHARGE.] A 
        regulated person completes the program when the terms of the 
        program participation agreement are fulfilled.  A regulated 
        person may voluntarily terminate participation in the health 
        professionals service program at any time by reporting to the 
        person's board.  The program manager may choose to discharge a 
        regulated person from the program and make a referral to the 
        person's board at any time for reasons including but not limited 
        to:  the degree of cooperation and compliance by the regulated 
        person, the inability to secure information or the medical 
        records of the regulated person, or indication of other possible 
        violations of the regulated person's practice act.  The 
        regulated person shall be notified in writing by the program 
        manager of any change in the person's program status.  A 
        regulated person who has been terminated or discharged from the 
        program may be referred back to the program for monitoring. 
           Sec. 4.  [214.33] [REPORTING.] 
           Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
        personal knowledge that a regulated person has the inability to 
        practice with reasonable skill and safety by reason of illness, 
        use of alcohol, drugs, chemicals or any other materials, or as a 
        result of any mental, physical, or psychological condition may 
        report that knowledge to the program or to the board.  A report 
        to the program under this subdivision fulfills the reporting 
        requirement contained in a regulated person's practice act. 
           Subd. 2.  [SELF-REPORTING.] A person regulated by a 
        participating board who is unable to practice with reasonable 
        skill and safety by reason of illness, use of alcohol, drugs, 
        chemicals, or any other materials, or as a result of any mental, 
        physical, or psychological condition shall report to the 
        person's board or the program. 
           Subd. 3.  [PROGRAM MANAGER.] The program manager shall 
        report to the appropriate participating board a regulated person 
        who does not meet program admission criteria, violates the terms 
        of the program participation agreement, or leaves the program 
        except upon fulfilling the terms for successful completion of 
        the program as set forth in the participation agreement.  The 
        program manager shall report to the appropriate participating 
        board a regulated person who is alleged to have committed 
        violations of the person's practice act that are outside the 
        authority of the health professionals services program as 
        described in sections 2 to 8.  The program manager shall inform 
        any reporting person of the disposition of the person's report 
        to the program. 
           Subd. 4.  [BOARD.] A board may refer any regulated person 
        to the program consistent with section 3, subdivision 4, if the 
        board believes the regulated person will benefit and the public 
        will be protected. 
           Sec. 5.  [214.34] [IMMUNITY.] 
           Subdivision 1.  [REPORTING IMMUNITY.] Any individual, 
        agency, institution, facility, business, or organization is 
        immune from civil liability or criminal prosecution for 
        submitting a report in good faith to the program under this 
        section or for cooperating with an investigation of a report or 
        with staff of the program.  Reports are confidential and are 
        privileged communication. 
           Subd. 2.  [PROGRAM IMMUNITY.] Members of the participating 
        boards and persons employed by the boards and program, program 
        consultants, and members of advisory bodies for the program are 
        immune from civil liability and criminal prosecution for any 
        actions, transactions, or reports in the execution of, or 
        relating to, their duties under sections 2 to 7. 
           Sec. 6.  [214.35] [CLASSIFICATION OF DATA.] 
           All data collected and maintained and any agreements with 
        regulated persons entered into as part of the program is 
        classified as active investigative data under section 13.41 
        while the individual is in the program, except for monitoring 
        data which is classified as private.  When a regulated person 
        successfully completes the program, the data and participation 
        agreement become inactive investigative data which shall be 
        classified as private data under section 13.02, subdivision 12, 
        or nonpublic data under section 13.02, subdivision 9, in the 
        case of data not on individuals.  Data and agreements shall not 
        be forwarded to the board unless the program reports a 
        participant to a board as described in section 4, subdivision 3. 
           Sec. 7.  [214.36] [BOARD PARTICIPATION.] 
           Participating boards may, by mutual agreement, implement 
        the program upon enactment.  Thereafter, health-related 
        licensing boards desiring to enter into or discontinue an 
        agreement to participate in the health professionals services 
        program shall provide a written resolution indicating the 
        board's intent to the designated board by January 1 preceding 
        the start of a biennium. 
           Sec. 8.  [214.37] [RULEMAKING.] 
           By July 1, 1996, the participating boards shall adopt joint 
        rules relating to the provisions of sections 2 to 7 in 
        consultation with the advisory committee and other appropriate 
        individuals.  The required rule writing does not prevent the 
        implementation of sections 2 to 9 upon enactment. 
           Sec. 9.  [APPROPRIATION.] 
           $198,000 is appropriated from the special revenue fund for 
        the fiscal year ending June 30, 1995, to the board of medical 
        practice for the purposes of sections 2 to 8.  The pro rata 
        share of program expenses to be borne by each participating 
        board shall be determined by the participating boards through an 
        interagency agreement and funds equal to the appropriation shall 
        be deposited into the special revenue fund. 
           Sec. 10.  [EFFECTIVE DATE.] 
           (a) Sections 1 to 9 are effective the day after final 
        enactment. 
           (b) Laws 1994, chapters 389 and 433, are effective the day 
        following final enactment. 
           Presented to the governor May 2, 1994 
           Signed by the governor May 4, 1994, 3:18 p.m.