Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 334-S.F.No. 2332 
                  An act relating to health professions; modifying 
                  provisions relating to sexual misconduct; amending 
                  Minnesota Statutes 1994, sections 13.99, subdivision 
                  44; 147.01, subdivision 4; and 147.091, by adding a 
                  subdivision; proposing coding for new law in Minnesota 
                  Statutes, chapter 147. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 13.99, 
        subdivision 44, is amended to read: 
           Subd. 44.  [RECORD OF PHYSICIAN DISCIPLINARY ACTION.] The 
        administrative record of any disciplinary action taken by the 
        board of medical practice under sections 147.01 to 147.22 is 
        sealed upon judicial review as provided in section 
        147.151.  Certain data relating to sexual misconduct are 
        classified under sections 147.092 and 147.01. 
           Sec. 2.  [147.001] [PURPOSE.] 
           The primary responsibility and obligation of the board of 
        medical practice is to protect the public. 
           In the interest of public health, safety, and welfare, and 
        to protect the public from the unprofessional, improper, 
        incompetent, and unlawful practice of medicine, it is necessary 
        to provide laws and regulations to govern the granting and 
        subsequent use of the license to practice medicine. 
           Sec. 3.  Minnesota Statutes 1994, section 147.01, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISCLOSURE.] Subject to the exceptions listed in 
        this subdivision, all communications or information received by 
        or disclosed to the board relating to any person or matter 
        subject to its regulatory jurisdiction are confidential and 
        privileged and any disciplinary hearing shall be closed to the 
        public.  
           (a) Upon application of a party in a proceeding before the 
        board under section 147.091, the board shall produce and permit 
        the inspection and copying, by or on behalf of the moving party, 
        of any designated documents or papers relevant to the 
        proceedings, in accordance with the provisions of rule 34, 
        Minnesota rules of civil procedure.  
           (b) If the board imposes disciplinary measures of any kind, 
        whether by contested case or by settlement agreement, the name 
        and business address of the licensee, the nature of the 
        misconduct, and the action taken by the board are public data.  
        If disciplinary action is taken by settlement agreement, the 
        entire agreement is public data.  The board shall decide 
        disciplinary matters, whether by settlement or by contested 
        case, by roll call vote.  The votes are public data.  
           (c) The board shall exchange information with other 
        licensing boards, agencies, or departments within the state, as 
        required under section 214.10, subdivision 8, paragraph (d), and 
        may release information in the reports required under sections 
        147.02, subdivision 6, and 214.10, subdivision 8, paragraph (b). 
           (d) The board shall upon request furnish to a person who 
        made a complaint, or the alleged victim of a violation of 
        section 147.091, subdivision 1, paragraph (t), or both, a 
        description of the activities and actions of the board relating 
        to that complaint, a summary of the results of an investigation 
        of that complaint, a description of the activities and actions 
        of the board relating to that complaint, and the reasons for 
        actions taken by the board.  
           (e) A probable cause hearing held pursuant to section 
        147.092 shall be closed to the public, except for the notices of 
        hearing made public by operation of section 147.092.  
           (f) Findings of fact, conclusions, and recommendations 
        issued by the administrative law judge, and transcripts of oral 
        arguments before the board pursuant to a contested case 
        proceeding in which an administrative law judge found a 
        violation of section 147.091, subdivision 1, paragraph (t), are 
        public data. 
           Sec. 4.  Minnesota Statutes 1994, section 147.091, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [LIMITATION.] No board proceeding against a 
        regulated person shall be instituted unless commenced within 
        seven years from the date of the commission of some portion of 
        the offense or misconduct complained of except for alleged 
        violations of subdivision 1, paragraph (t). 
           Sec. 5.  [147.092] [PROBABLE CAUSE HEARING; SEXUAL 
        MISCONDUCT.] 
           (a) In any contested case in which a violation of section 
        147.091, subdivision 1, paragraph (t), is charged all parties 
        shall be afforded an opportunity for a probable cause hearing 
        before an administrative law judge.  The motion for a hearing 
        must be made to the office of administrative hearings within 20 
        days of the filing date of the contested case and served upon 
        the board upon filing.  Any hearing shall be held within 30 days 
        of the motion.  The administrative law judge shall issue a 
        decision within 20 days of completion of the probable cause 
        hearing.  If there is no request for a hearing, the portion of 
        the notice of and order for hearing relating to allegations of 
        sexual misconduct automatically becomes public. 
           (b) The scope of the probable cause hearing is confined to 
        a review of the facts upon which the complaint review committee 
        of the board based its determination that there was a reasonable 
        belief that section 147.091, subdivision 1, paragraph (t), was 
        violated.  The administrative law judge shall determine whether 
        there is a sufficient showing of probable cause to believe the 
        licensee committed the violations listed in the notice of and 
        order for hearing, and shall receive evidence offered in support 
        or opposition.  Each party may cross-examine any witnesses 
        produced by the other.  A finding of probable cause shall be 
        based upon the entire record including reliable hearsay in whole 
        or in part and requires only a preponderance of the evidence.  
        The burden of proof rests with the board. 
           (c) Upon a showing of probable cause, that portion of the 
        notice of and order for hearing filed by the board that pertains 
        to the allegations of sexual misconduct, including the factual 
        allegations that support the charge, become public data.  In 
        addition, the notice of and order for hearing may be amended.  A 
        finding of no probable cause by the administrative law judge is 
        grounds for dismissal without prejudice.  Nothing in this 
        section shall prevent the board from reopening the investigation 
        or filing charges based on the same subject matter at a later 
        date. 
           Presented to the governor March 15, 1996 
           Signed by the governor March 18, 1996, 10:12 a.m.