Minnesota Session Laws - 1997, Regular Session

                             CHAPTER 103-S.F.No. 38 
                  An act relating to health; modifying provisions 
                  relating to recordkeeping by persons regulated by the 
                  board of medical practice; amending Minnesota Statutes 
                  1996, section 147.091, subdivision 2; repealing 
                  Minnesota Rules, part 5600.0605, subpart 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 147.091, 
        subdivision 2, is amended to read: 
           Subd. 2.  [AUTOMATIC SUSPENSION.] (a) A license to practice 
        medicine is automatically suspended if (1) a guardian of the 
        person of a licensee is appointed by order of a court pursuant 
        to sections 525.54 to 525.61, for reasons other than the 
        minority of the licensee; or (2) the licensee is committed by 
        order of a court pursuant to chapter 253B.  The license remains 
        suspended until the licensee is restored to capacity by a court 
        and, upon petition by the licensee, the suspension is terminated 
        by the board after a hearing.  
           (b) Upon notice to the board of a judgment of, or a plea of 
        guilty to, a felony reasonably related to the practice of 
        patient care, the credentials of the regulated person shall be 
        automatically suspended by the board.  The credentials shall 
        remain suspended until, upon petition by the regulated person 
        and after a hearing, the suspension is terminated by the board.  
        The board shall indefinitely suspend or revoke the credentials 
        of the regulated person if, after a hearing, the board finds 
        that the felonious conduct would cause a serious risk of harm to 
        the public. 
           (c) For credentials that have been suspended or revoked 
        pursuant to this subdivision paragraphs (a) and (b), the 
        regulated person may be reinstated to practice, either with or 
        without restrictions, by demonstrating clear and convincing 
        evidence of rehabilitation, as provided in section 364.03.  If 
        the regulated person's conviction is subsequently overturned by 
        court decision, the board shall conduct a hearing to review the 
        suspension within 30 days after receipt of the court decision.  
        The regulated person is not required to prove rehabilitation if 
        the subsequent court decision overturns previous court findings 
        of public risk. 
           (d) The board may, upon majority vote of a quorum of its 
        members, suspend the credentials of a regulated person without a 
        hearing if the regulated person fails to maintain a current name 
        and address with the board, as described in paragraph (e), while 
        the regulated person is:  (1) under board investigation, and a 
        notice of conference has been issued by the board; (2) party to 
        a contested case with the board; (3) party to an agreement for 
        corrective action with the board; or (4) under a board order for 
        disciplinary action.  The suspension shall remain in effect 
        until lifted by the board pursuant to the board's receipt of a 
        petition from the regulated person, along with the regulated 
        person's current name and address. 
           (e) A person regulated by the board shall maintain a 
        current name and address with the board and shall notify the 
        board in writing within 30 days of any change in name or 
        address.  If a name change only is requested, the regulated 
        person must request revised credentials and return the current 
        credentials to the board.  The board may require the regulated 
        person to substantiate the name change by submitting official 
        documentation from a court of law or agency authorized under law 
        to receive and officially record a name change.  If an address 
        change only is requested, no request for revised credentials is 
        required.  If the regulated person's current credentials have 
        been lost, stolen, or destroyed, the person shall provide a 
        written explanation to the board. 
           Sec. 2.  [REPEALER.] 
           Minnesota Rules, part 5600.0605, subpart 10, is repealed. 
           Presented to the governor May 5, 1997 
           Signed by the governor May 6, 1997, 2:43 p.m.