Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes