Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 341-S.F.No. 2957 
                  An act relating to professions; requiring reporting of 
                  practice act violations to the board of dentistry; 
                  providing complainant immunity; amending Minnesota 
                  Statutes 2000, section 13.383, subdivision 13; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 150A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 13.383, 
        subdivision 13, is amended to read: 
           Subd. 13.  [DENTISTS, DENTAL HYGIENISTS, AND DENTAL 
        ASSISTANTS.] (a)  [REQUIRED EXAMINATIONS; MEDICAL RECORDS.] Data 
        obtained by the board of dentistry when requiring a mental or 
        physical examination of a dentist, dental hygienist, or dental 
        assistant or when accessing the medical records of a dentist, 
        dental hygienist, or dental assistant are classified under 
        sections 150A.08, subdivisions 5 and 6, and 150A.081. 
           (b)  [PATIENT RECORDS.] Patient records of a patient cared 
        for by a dentist, dental hygienist, or dental assistant who is 
        under review by the board of dentistry are classified under 
        section 150A.081. 
           (c)  [INVESTIGATIVE DATA.] Reports submitted to the board 
        of dentistry containing information about violations are 
        classified under section 150A.14. 
           Sec. 2.  [150A.13] [REPORTING OBLIGATIONS.] 
           Subdivision 1.  [PERMISSION TO REPORT.] A person who has 
        knowledge of a registrant or a licensee 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 may 
        report the registrant or licensee to the board. 
           Subd. 2.  [INSTITUTIONS.] A hospital, clinic, or other 
        health care institution or organization located in this state 
        shall report to the board any action taken by the agency, 
        institution, or organization or any of its administrators or 
        dental or other committees to revoke, suspend, restrict, or 
        condition a registrant's or licensee's privilege to practice or 
        treat patients or clients in the institution, or as part of the 
        organization, any denial of privileges, or any other 
        disciplinary action against a registrant or licensee described 
        under subdivision 1.  The institution or organization shall also 
        report the resignation of any registrants or licensees prior to 
        the conclusion of any disciplinary action proceeding against a 
        registrant or licensee described under subdivision 1. 
           Subd. 3.  [DENTAL SOCIETIES.] A state or local dental 
        society or professional dental association shall report to the 
        board any termination, revocation, or suspension of membership 
        or any other disciplinary action taken against a registrant or 
        licensee.  If the society or association has received a 
        complaint against a registrant or licensee described under 
        subdivision 1, on which it has not taken any disciplinary 
        action, the society or association shall report the complaint 
        and the reason why it has not taken action on it or shall direct 
        the complainant to the board.  This subdivision does not apply 
        to a society or association when it performs peer review 
        functions as an agent of an outside entity, organization, or 
        system.  
           Subd. 4.  [LICENSED PROFESSIONALS.] (a) A licensed or 
        registered health professional shall report to the board 
        personal knowledge of any conduct by any person who the licensed 
        or registered health professional reasonably believes is a 
        registrant or licensee described under subdivision 1. 
           (b) Notwithstanding paragraph (a), a licensed health 
        professional shall report to the board knowledge of any actions 
        which institutions must report under subdivision 2. 
           Subd. 5.  [INSURERS AND OTHER ENTITIES MAKING LIABILITY 
        PAYMENTS.] (a) Four times each year as prescribed by the board, 
        each insurer authorized to sell insurance described in section 
        60A.06, subdivision 1, clause (13), and providing professional 
        liability insurance to registrants or licensees, shall submit to 
        the board a report concerning the registrants and licensees 
        against whom malpractice settlements or awards have been made to 
        the plaintiff.  The report must contain at least the following 
        information: 
           (1) the total number of malpractice settlements or awards 
        made; 
           (2) the date the malpractice settlements or awards were 
        made; 
           (3) the allegations contained in the claim or complaint 
        leading to the settlements or awards made; 
           (4) the dollar amount of each malpractice settlement or 
        award; 
           (5) the regular address of the practice of the registrant 
        or licensee against whom an award was made or with whom a 
        settlement was made; and 
           (6) the name of the registrant or licensee against whom an 
        award was made or with whom a settlement was made. 
           (b) A dental clinic, hospital, political subdivision, or 
        other entity which makes professional liability insurance 
        payments on behalf of registrants or licensees shall submit to 
        the board a report concerning malpractice settlements or awards 
        paid on behalf of registrants or licensees, and any settlements 
        or awards paid by a clinic, hospital, political subdivision, or 
        other entity on its own behalf because of care rendered by 
        registrants or licensees.  This requirement excludes forgiveness 
        of bills.  The report shall be made to the board within 30 days 
        of payment of all or part of any settlement or award. 
           Subd. 6.  [COURTS.] The court administrator of district 
        court or any other court of competent jurisdiction shall report 
        to the board any judgment or other determination of the court 
        that adjudges or includes a finding that a registrant or 
        licensee is mentally ill, mentally incompetent, guilty of a 
        felony, guilty of a violation of federal or state narcotics laws 
        or controlled substances act, or guilty of an abuse or fraud 
        under Medicare or Medicaid; or that appoints a guardian of the 
        registrant or licensee pursuant to sections 525.54 to 525.61, or 
        commits a registrant or licensee pursuant to chapter 253B. 
           Subd. 7.  [SELF-REPORTING.] A registrant or licensee shall 
        report to the board any personal action that would require that 
        a report be filed by any person, health care facility, business, 
        or organization pursuant to subdivisions 2 to 6. 
           Subd. 8.  [DEADLINES; FORMS.] Reports required by 
        subdivisions 2 to 7 must be submitted not later than 30 days 
        after the occurrence of the reportable event or transaction.  
        The board may provide forms for the submission of reports 
        required by this section, may require that reports be submitted 
        on the forms provided, and may adopt rules necessary to assure 
        prompt and accurate reporting. 
           Subd. 9.  [SUBPOENAS.] The board may issue subpoenas for 
        the production of any reports required by subdivisions 2 to 7 or 
        any related documents. 
           Sec. 3.  [150A.14] [IMMUNITY.] 
           Subdivision 1.  [REPORTING IMMUNITY.] A person, health care 
        facility, business, or organization is immune from civil 
        liability or criminal prosecution for submitting a report in 
        good faith to the board under section 150A.13, or for 
        cooperating with an investigation of a report or with staff of 
        the board.  Reports are confidential data on individuals under 
        section 13.02, subdivision 3, and are privileged communications. 
           Subd. 2.  [PROGRAM IMMUNITY.] Members of the board, persons 
        employed by the board, and board consultants are immune from 
        civil liability and criminal prosecution for any actions, 
        transactions, or publications in the execution of, or relating 
        to, their duties under section 150A.13. 
           Presented to the governor April 15, 2002 
           Signed by the governor April 17, 2002, 9:37 a.m.