Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 399-H.F.No. 3350
An act relating to health; establishing emeritus
registration for mortuary science practitioner;
establishing a donated dental services program;
establishing a volunteer health care provider program;
clarifying the effective date of certain family
community support services; appropriating money;
proposing coding for new law in Minnesota Statutes,
chapters 149A; 150A; 214.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [149A.45] [EMERITUS REGISTRATION FOR MORTUARY
SCIENCE PRACTITIONERS.]
Subdivision 1. [APPLICATION.] Any mortuary science
practitioner licensed to practice mortuary science in Minnesota
under this chapter may apply to the commissioner for mortuary
science practitioner emeritus registration if the person
declares that he or she is retired in all jurisdictions from the
active practice of mortuary science and if the person is not
subject to any disciplinary action by the commissioner and not
subject to an order by the commissioner imposing a suspended,
conditional, or restricted license to practice mortuary
science. For purposes of this section, a person is retired if
the person has completely ceased the active practice of mortuary
science in all jurisdictions, for any reason. The mortuary
science practitioner may apply to the commissioner using the
practitioner's licensure form or by petitioning the commissioner.
Subd. 2. [STATUS OF REGISTRANT.] An emeritus registration
is not a license to engage in the practice of mortuary science.
A person registered under this section shall not engage in the
practice of mortuary science.
Subd. 3. [CONTINUING EDUCATION REQUIREMENTS.] The
continuing education requirements that apply to mortuary science
practitioners shall not apply to a person registered under this
section.
Subd. 4. [DOCUMENTATION OF STATUS.] A person granted
emeritus registration shall, upon payment of a $50 fee, be
issued a certificate by the commissioner certifying that the
person has received emeritus registration and has completed his
or her active professional career licensed in good standing with
the commissioner. The $50 fee shall be a onetime fee.
Subd. 5. [RENEWAL CYCLE OR FEE.] A person registered under
this section shall not be subject to a registration renewal
cycle or any renewal fees.
Sec. 2. [150A.22] [DONATED DENTAL SERVICES.]
(a) The board of dentistry shall contract with the
Minnesota dental association, or another appropriate and
qualified organization to develop and operate a donated dental
services program to provide dental care to public program
recipients and the uninsured through dentists who volunteer
their services without compensation. As part of the contract,
the board shall include specific performance and outcome
measures that the contracting organization must meet. The
donated dental services program shall:
(1) establish a network of volunteer dentists, including
dental specialties, to donate dental services to eligible
individuals;
(2) establish a system to refer eligible individuals to the
appropriate volunteer dentists; and
(3) develop and implement a public awareness campaign to
educate eligible individuals about the availability of the
program.
(b) Funding for the program may be used for administrative
or technical support. The organization contracting with the
board shall provide an annual report that accounts for funding
appropriated to the program by the state, documents the number
of individuals served by the program and the number of dentists
participating as program providers, and provides data on meeting
the specific performance and outcome measures identified by the
board.
Sec. 3. [214.40] [VOLUNTEER HEALTH CARE PROVIDER PROGRAM.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Administrative services unit" means the administrative
services unit for the health-related licensing boards.
(c) "Charitable organization" means a charitable
organization within the meaning of section 501(c)(3) of the
Internal Revenue Code that has as a purpose the sponsorship or
support of programs designed to improve the quality, awareness,
and availability of health care services and that serves as a
funding mechanism for providing those services.
(d) "Health care facility or organization" means a health
care facility licensed under chapter 144 or 144A, or a
charitable organization.
(e) "Health care provider" means a physician licensed under
chapter 147, physician assistant registered and practicing under
chapter 147A, nurse licensed and registered to practice under
chapter 148, or dentist or dental hygienist licensed under
chapter 150A.
(f) "Health care services" means health promotion, health
monitoring, health education, diagnosis, treatment, minor
surgical procedures, the administration of local anesthesia for
the stitching of wounds, and primary dental services, including
preventive, diagnostic, restorative, and emergency treatment.
Health care services do not include the administration of
general anesthesia or surgical procedures other than minor
surgical procedures.
(g) "Medical professional liability insurance" means
medical malpractice insurance as defined in section 62F.03.
Subd. 2. [ESTABLISHMENT.] The administrative services unit
shall establish a volunteer health care provider program to
facilitate the provision of health care services provided by
volunteer health care providers through eligible health care
facilities and organizations.
Subd. 3. [PARTICIPATION OF HEALTH CARE FACILITIES.] To
participate in the program established in subdivision 2, a
health care facility or organization must register with the
administrative services unit on forms provided by the
administrative services unit and must meet the following
requirements:
(1) be licensed to the extent required by law or
regulation;
(2) provide evidence that the provision of health care
services to the uninsured and underinsured is the primary
purpose of the facility or organization;
(3) certify that it maintains adequate general liability
and professional liability insurance for program staff other
than the volunteer health care provider or is properly and
adequately self-insured;
(4) agree to report annually to the administrative services
unit the number of volunteers, number of volunteer hours
provided, number of patients seen by volunteer providers, and
types of services provided; and
(5) agree to pay to the administrative services unit an
annual participation fee of $50. All fees collected are
deposited into the state government special revenue fund and are
appropriated to the administrative services unit for purposes of
administering the program.
Subd. 4. [HEALTH CARE PROVIDER REGISTRATION.] (a) To
participate in the program established in subdivision 2, a
health care provider shall register with the administrative
services unit. Registration may be approved if the provider has
submitted a certified statement on forms provided by the
administrative services unit attesting that the health care
provider agrees to:
(1) receive no direct monetary compensation of any kind for
services provided in the program;
(2) submit a sworn statement attesting that the license to
practice is free of restrictions. The statement must describe:
(i) any disciplinary action taken against the health care
provider by a professional licensing authority or health care
facility, including any voluntary surrender of license or other
agreement involving the health care provider's license to
practice or any restrictions on practice, suspension of
privileges, or other sanctions; and
(ii) any malpractice suits filed against the health care
provider and the outcome of any suits filed;
(3) submit any additional materials requested by the
administrative services unit;
(4) identify the eligible program through which the health
care services will be provided and the health care facilities at
which the services will be provided; and
(5) if coverage is purchased for the provider under
subdivision 7, comply with any risk management and loss
prevention policies imposed by the insurer.
(b) Registration expires two years from the date the
registration was approved. A health care provider may apply for
renewal by filing with the administrative services unit a
renewal application at least 60 days prior to the expiration of
the registration.
Subd. 5. [REVOCATION OF ELIGIBILITY AND REGISTRATION.] The
administrative services unit may suspend, revoke, or condition
the eligibility of a health care provider for cause, including,
but not limited to, the failure to comply with the agreement
with the administrative services unit and the imposition of
disciplinary action by the licensing board that regulates the
health care provider.
Subd. 6. [BOARD NOTICE OF DISCIPLINARY ACTION.] The
applicable health-related licensing board shall immediately
notify the administrative services unit of the initiation of a
contested case against a registered health care provider or the
imposition of disciplinary action, including copies of any
contested case decision or settlement agreement with the health
care provider.
Subd. 7. [MEDICAL PROFESSIONAL LIABILITY INSURANCE.] (a)
The administrative services unit must purchase medical
professional liability insurance, if available, for a health
care provider who is registered in accordance with subdivision 4
and who is not otherwise covered by a medical professional
liability insurance policy or self-insured plan either
personally or through another facility or employer.
(b) Coverage purchased under this subdivision must be
limited to the provision of health care services performed by
the provider for which the provider does not receive direct
monetary compensation.
Sec. 4. [EFFECTIVE DATE; S.F. NO. 3099.]
S.F. No. 3099, article 2, section 15, if enacted, is
effective the day following final enactment of this section.
Sec. 5. [APPROPRIATION.]
(a) $75,000 is appropriated in fiscal year 2003 from the
health care access fund to the board of dentistry to implement
the donated dental services program under Minnesota Statutes,
section 150A.22. This appropriation shall become part of the
base-level funding for the 2004-2005 biennium. Base-level
funding in fiscal year 2006 shall be zero.
(b) $50,000 is appropriated from the state government
special revenue fund to the administrative services unit to pay
for medical professional liability insurance coverage in
accordance with Minnesota Statutes, section 214.40, subdivision
7. This appropriation is available until expended. If this
appropriation is expended, the administrative services unit must
apportion between the board of medical practice, the board of
dentistry, and the board of nursing an amount to be raised
through fees by the respective board. The amount apportioned to
each board shall be the total amount of the appropriation
expended on coverage purchased for the providers regulated by
the respective board. The respective board may adjust the fees
in which the board is empowered to assess to compensate for the
amount apportioned to the board by the administrative services
unit.
Presented to the governor May 20, 2002
Signed by the governor May 22, 2002, 1:30 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes