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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 284-H.F.No. 3222 
                  An act relating to state government; modifying 
                  reporting requirements for health-related boards; 
                  changing membership requirements for the health 
                  professionals services program committee; amending 
                  Minnesota Statutes 1998, sections 147.01, subdivision 
                  4; 148B.04, subdivision 4; 148B.285, subdivision 3; 
                  214.07; 214.10, subdivision 8; 214.31; and 214.32, 
                  subdivision 1; Minnesota Statutes 1999 Supplement, 
                  section 148.691, subdivision 3; proposing coding for 
                  new law in Minnesota Statutes, chapters 144E; and 214. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [144E.287] [DIVERSION PROGRAM.] 
           The board shall either conduct a health professionals 
        service program under sections 214.31 to 214.37 or contract for 
        a diversion program under section 214.28 for professionals 
        regulated by the board who are unable to perform their duties 
        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. 
           Sec. 2.  Minnesota Statutes 1998, 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) (c), 
        and may release information in the reports required under 
        sections section 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, 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. 3.  Minnesota Statutes 1999 Supplement, section 
        148.691, subdivision 3, is amended to read: 
           Subd. 3.  [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, 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 section 
        214.10, subdivision 8, paragraph (b) (c). 
           (d) The board shall upon request furnish to a person who 
        made a complaint, 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, and the reasons for 
        actions taken by the board. 
           Sec. 4.  Minnesota Statutes 1998, section 148B.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [EXCHANGE OF INFORMATION.] The board shall 
        exchange information with other boards, agencies, or departments 
        within the state, as required under section 214.10, subdivision 
        8, paragraph (d) (c). 
           Sec. 5.  Minnesota Statutes 1998, section 148B.285, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXCHANGE OF INFORMATION.] The board shall 
        exchange information with other boards, agencies, or departments 
        within the state, as required under section 214.10, subdivision 
        8, paragraph (d) (c). 
           Sec. 6.  Minnesota Statutes 1998, section 214.07, is 
        amended to read: 
           214.07 [REPORTS.] 
           Subdivision 1.  [NON-HEALTH-RELATED BOARD REPORTS.] The 
        health-related licensing boards and the non-health-related 
        licensing boards shall prepare reports according to this 
        subdivision and subdivision 1a by October 1 of each 
        even-numbered year.  Copies of the reports shall be delivered to 
        the governor.  Copies of the reports of the health-related 
        licensing boards shall also be delivered to the commissioner of 
        health.  The reports shall contain the following information 
        relating to the two-year period ending the previous June 30: 
           (a) a general statement of board activities; 
           (b) the number of meetings and approximate total number of 
        hours spent by all board members in meetings and on other board 
        activities; 
           (c) the receipts and disbursements of board funds; 
           (d) the names of board members and their addresses, 
        occupations, and dates of appointment and reappointment to the 
        board; 
           (e) the names and job classifications of board employees; 
           (f) a brief summary of board rules proposed or adopted 
        during the reporting period with appropriate citations to the 
        State Register and published rules; 
           (g) the number of persons having each type of license and 
        registration issued by the board as of June 30 in the year of 
        the report; 
           (h) the locations and dates of the administration of 
        examinations by the board; 
           (i) the number of persons examined by the board with the 
        persons subdivided into groups showing age categories, sex, and 
        states of residency; 
           (j) the number of persons licensed or registered by the 
        board after taking the examinations referred to in clause (h) 
        with the persons subdivided by age categories, sex, and states 
        of residency; 
           (k) the number of persons not licensed or registered by the 
        board after taking the examinations referred to in clause (h) 
        with the persons subdivided by age categories, sex, and states 
        of residency; 
           (l) the number of persons not taking the examinations 
        referred to in clause (h) who were licensed or registered by the 
        board or who were denied licensing or registration with the 
        reasons for the licensing or registration or denial thereof and 
        with the persons subdivided by age categories, sex, and states 
        of residency; 
           (m) the number of persons previously licensed or registered 
        by the board whose licenses or registrations were revoked, 
        suspended, or otherwise altered in status with brief statements 
        of the reasons for the revocation, suspension or alteration; 
           (n) the number of written and oral complaints and other 
        communications received by the executive director or executive 
        secretary of the board, a board member, or any other person 
        performing services for the board (1) which allege or imply a 
        violation of a statute or rule which the board is empowered to 
        enforce and (2) which are forwarded to other agencies as 
        required by section 214.10; 
           (o) a summary, by specific category, of the substance of 
        the complaints and communications referred to in clause (n) and, 
        for each specific category, the responses or dispositions 
        thereof pursuant to section 214.10 or 214.11; 
           (p) any other objective information which the board members 
        believe will be useful in reviewing board activities. 
           Subd. 1a.  [REPORT REQUIREMENT FOR BOARD OF MEDICAL 
        PRACTICE AND BOARD OF NURSING.] The board of medical practice 
        and the board of nursing shall include in the report required 
        under subdivision 1, clause (o), specific information regarding 
        complaints and communications involving obstetrics, gynecology, 
        prenatal care, and delivery, and the boards' responses or 
        dispositions. 
           Subd. 1b.  [HEALTH-RELATED LICENSING BOARD REPORTS.] Each 
        health-related licensing board must prepare a report by October 
        15 of each even-numbered year.  The report must be submitted to 
        the administrative services unit serving the boards.  The report 
        must contain the following information for the two-year period 
        ending the previous June 30:  (1) the number and type of 
        credentials issued or renewed; (2) the number of complaints 
        received; (3) the number and age of complaints open at the end 
        of the period; (4) receipts, disbursements, and major fees; and 
        (5) such other information that the interests of health 
        occupation regulation require.  The report must also contain 
        information showing historical trends.  The reports must use a 
        common format and consistent terminology and data. 
           Subd. 2.  [SUMMARY OF BOARD REPORTS.] Not later than 
        December 15 of each even-numbered year, the commissioner of 
        health with respect to the health-related licensing boards shall 
        prepare summary reports compiling the information required by 
        subdivision 1, clauses (b) and (g) to (p), and contained in the 
        reports submitted by the boards the preceding year pursuant to 
        subdivision 1.  The summary reports must also specify the staff 
        and services provided by the department to each board.  The 
        summary reports must be distributed to the legislature under 
        section 3.195 and to the governor. [ADMINISTRATIVE SERVICES 
        REPORT.] The administrative services unit serving the boards 
        shall prepare a report by December 15 of each even-numbered 
        year.  One copy of the administrative services report must be 
        delivered to each of the following:  the governor, the 
        commissioner of health, and the chairs of the house and senate 
        policy and appropriations committees with jurisdiction over 
        health-related licensing boards.  Six copies must be delivered 
        to the legislative reference library.  The administrative 
        services report must contain the following information:  
           (1) a summary of the information contained in the reports 
        submitted by the health-related licensing boards pursuant to 
        subdivision 1b; 
           (2) a description of the health-related licensing boards' 
        cooperative activities during the two-year period ending the 
        previous June 30; 
           (3) a description of emerging issues relating to health 
        occupation regulation that affect more than one board or more 
        than one occupation; and 
           (4) a copy of each health-related licensing board report 
        submitted to the administrative services unit pursuant to 
        subdivision 1b.  
           Sec. 7.  Minnesota Statutes 1998, section 214.10, 
        subdivision 8, is amended to read: 
           Subd. 8.  [SPECIAL REQUIREMENTS FOR HEALTH-RELATED 
        LICENSING BOARDS.] In addition to the provisions of this section 
        that apply to all examining and licensing boards, the 
        requirements in this subdivision apply to all health-related 
        licensing boards, except the board of veterinary medicine. 
           (a) If the executive director or consulted board member 
        determines that a communication received alleges a violation of 
        statute or rule that involves sexual contact with a patient or 
        client, the communication shall be forwarded to the designee of 
        the attorney general for an investigation of the facts alleged 
        in the communication.  If, after an investigation it is the 
        opinion of the executive director or consulted board member that 
        there is sufficient evidence to justify disciplinary action, the 
        board shall conduct a disciplinary conference or hearing.  If, 
        after a hearing or disciplinary conference the board determines 
        that misconduct involving sexual contact with a patient or 
        client occurred, the board shall take disciplinary action.  
        Notwithstanding subdivision 2, a board may not attempt to 
        correct improper activities or redress grievances through 
        education, conciliation, and persuasion, unless in the opinion 
        of the executive director or consulted board member there is 
        insufficient evidence to justify disciplinary action.  The board 
        may settle a case by stipulation prior to, or during, a hearing 
        if the stipulation provides for disciplinary action. 
           (b) In addition to the information required under section 
        214.07, subdivision 1, each board shall include in its reports 
        to the legislature summaries of each individual case that 
        involved possible sexual contact with a patient or client.  The 
        summary must include a description of the alleged misconduct; 
        the general results of the investigation; the nature of board 
        activities relating to that case; the disposition of the case; 
        and the reasons for board decisions concerning the disposition 
        of the case.  The information disclosed under this section must 
        not include the name or specific identifying information about 
        any person, agency, or organization. 
           (c) A board member who has a direct current or former 
        financial connection or professional relationship to a person 
        who is the subject of board disciplinary activities must not 
        participate in board activities relating to that case. 
           (d) (c) Each health-related licensing board shall establish 
        procedures for exchanging information with other Minnesota state 
        boards, agencies, and departments responsible for regulating 
        health-related occupations, facilities, and programs, and for 
        coordinating investigations involving matters within the 
        jurisdiction of more than one regulatory body.  The procedures 
        must provide for the forwarding to other regulatory bodies of 
        all information and evidence, including the results of 
        investigations, that are relevant to matters within that 
        licensing body's regulatory jurisdiction.  Each health-related 
        licensing board shall have access to any data of the department 
        of human services relating to a person subject to the 
        jurisdiction of the licensing board.  The data shall have the 
        same classification under sections 13.01 to 13.88, the Minnesota 
        Government Data Practices Act, in the hands of the agency 
        receiving the data as it had in the hands of the department of 
        human services. 
           (e) (d) Each health-related licensing board shall establish 
        procedures for exchanging information with other states 
        regarding disciplinary actions against licensees.  The 
        procedures must provide for the collection of information from 
        other states about disciplinary actions taken against persons 
        who are licensed to practice in Minnesota or who have applied to 
        be licensed in this state and the dissemination of information 
        to other states regarding disciplinary actions taken in 
        Minnesota.  In addition to any authority in chapter 13 
        permitting the dissemination of data, the board may, in its 
        discretion, disseminate data to other states regardless of its 
        classification under chapter 13.  Before transferring any data 
        that is not public, the board shall obtain reasonable assurances 
        from the receiving state that the data will not be made public. 
           Sec. 8.  [214.28] [ALTERNATIVE DIVERSION PROGRAM.] 
           A health-related licensing board may establish performance 
        criteria and contract for a diversion program for regulated 
        professionals 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.  
           Sec. 9.  [214.29] [DIVERSION PROGRAM.] 
           Each health-related licensing board, including the 
        emergency medical services regulatory board under chapter 144E, 
        shall either conduct a health professionals service program 
        under sections 214.31 to 214.37 or contract for a diversion 
        program under section 214.28.  
           Sec. 10.  Minnesota Statutes 1998, section 214.31, is 
        amended to read: 
           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.  For purposes of sections 
        214.31 to 214.37, the emergency medical services regulatory 
        board shall be included in the definition of a health-related 
        licensing board under chapter 144E. 
           Sec. 11.  Minnesota Statutes 1998, section 214.32, 
        subdivision 1, is amended to read: 
           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.  If the participating boards change which board is 
        designated to provide administrative management of the program, 
        any appropriation remaining for the program shall transfer to 
        the newly designated board on the effective date of the change.  
        The participating boards must inform the appropriate legislative 
        committees and the commissioner of finance of any change in the 
        administrative management of the program, and the amount of any 
        appropriation transferred under this provision. 
           (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, 2001. 
           Sec. 12.  [EFFECTIVE DATE.] 
           Sections 1, 8, 9, and 10 are effective July 1, 2001. 
           Presented to the governor March 23, 2000 
           Signed by the governor March 27, 2000, 2:35 p.m.