Minnesota Session Laws - 1999, Regular Session

                             CHAPTER 23-H.F.No. 56 
                  An act relating to civil actions; modifying the 
                  limitations provision governing health provider 
                  actions; amending Minnesota Statutes 1998, section 
                  541.07; proposing coding for new law in Minnesota 
                  Statutes, chapter 541. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 541.07, is 
        amended to read: 
           541.07 [TWO- OR THREE-YEAR LIMITATIONS.] 
           Except where the Uniform Commercial Code, this section, 
        section 148A.06, or section 541.073, or 541.076 otherwise 
        prescribes, the following actions shall be commenced within two 
        years: 
           (1) for libel, slander, assault, battery, false 
        imprisonment, or other tort, resulting in personal injury, and 
        all actions against physicians, surgeons, dentists, occupational 
        therapists, other health care professionals as defined in 
        section 145.61, and veterinarians as defined in chapter 156, 
        hospitals, sanitariums, for malpractice, error, mistake or 
        failure to cure, whether based on contract or tort; provided a 
        counterclaim may be pleaded as a defense to any action for 
        services brought by a physician, surgeon, dentist, occupational 
        therapists, or other health care professional or veterinarian, 
        hospital or sanitarium, after the limitations herein described 
        notwithstanding it is barred by the provisions of this 
        chapter, period if it was the property of the party pleading it 
        at the time it became barred and was not barred at the time the 
        claim sued on originated, but no judgment thereof except for 
        costs can be rendered in favor of the party so pleading it; 
           (2) upon a statute for a penalty or forfeiture, except as 
        provided in sections 541.074 and 541.075; 
           (3) for damages caused by a dam, other than a dam used for 
        commercial purposes; but as against one holding under the 
        preemption or homestead laws, the limitations shall not begin to 
        run until a patent has been issued for the land so damaged; 
           (4) against a master for breach of an indenture of 
        apprenticeship; the limitation runs from the expiration of the 
        term of service; 
           (5) for the recovery of wages or overtime or damages, fees 
        or penalties accruing under any federal or state law respecting 
        the payment of wages or overtime or damages, fees or penalties 
        except, that if the employer fails to submit payroll records by 
        a specified date upon request of the department of labor and 
        industry or if the nonpayment is willful and not the result of 
        mistake or inadvertence, the limitation is three years.  (The 
        term "wages" means all remuneration for services or employment, 
        including commissions and bonuses and the cash value of all 
        remuneration in any medium other than cash, where the 
        relationship of master and servant exists and the term "damages" 
        means single, double, or treble damages, accorded by any 
        statutory cause of action whatsoever and whether or not the 
        relationship of master and servant exists); 
           (6) for damages caused by the establishment of a street or 
        highway grade or a change in the originally established grade; 
           (7) against the person who applies the pesticide for injury 
        or damage to property resulting from the application, but not 
        the manufacture or sale, of a pesticide. 
           Sec. 2.  [541.076] [HEALTH CARE PROVIDER ACTIONS.] 
           (a) For purposes of this section, "health care provider" 
        means a physician, surgeon, dentist, occupational therapist, 
        other health care professionals as defined in section 145.61, 
        hospital, or treatment facility. 
           (b) An action by a patient or former patient against a 
        health care provider alleging malpractice, error, mistake, or 
        failure to cure, whether based on a contract or tort, must be 
        commenced within four years from the date the cause of action 
        accrued. 
           (c) A counterclaim may be pleaded as a defense to any 
        action for services brought by a health care provider after the 
        limitations described in this section, notwithstanding it is 
        barred by the provisions of this chapter, if the counterclaim 
        belonged to the party pleading it at the time it became barred 
        and was not barred at the time the claim sued on originated, but 
        no judgment on the counterclaim except for costs can be rendered 
        in favor of the party so pleading it. 
           Sec. 3.  [EFFECTIVE DATE; APPLICATION.] 
           Section 2 is effective August 1, 1999, and applies to 
        actions commenced on or after that date. 
           Presented to the governor March 23, 1999 
           Signed by the governor March 26, 1999, 1:41 p.m.