Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 66-H.F.No. 1044
An act relating to professions; providing
clarification of costs and penalties that may be
collected in disciplinary proceedings by the boards of
nursing home administrators, optometry, chiropractic
examiners, dietetics and nutrition, physical therapy,
dentistry, podiatric medicine, pharmacy, and
veterinary medicine; providing for civil penalties;
amending Minnesota Statutes 2002, sections 148.10,
subdivision 3; 148.603; 148.631; 150A.08, subdivision
3, by adding a subdivision; 151.06, by adding a
subdivision; 153.22, subdivisions 1, 5; 156.127,
subdivisions 1, 3; proposing coding for new law in
Minnesota Statutes, chapters 144A; 148.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
NURSING HOME ADMINISTRATION
Section 1. [144A.2511] [COSTS; PENALTIES.]
If the board of examiners has initiated proceedings under
section 144A.24 or 144A.251 or chapter 214, and upon completion
of the proceedings has found that a nursing home administrator
has violated a provision or provisions of sections 144A.18 to
144A.27, it may impose a civil penalty not exceeding $10,000 for
each separate violation, with all violations related to a single
event or incident considered as one violation. The amount of
the civil penalty shall be fixed so as to deprive the nursing
home administrator of any economic advantage gained by reason of
the violation charged or to reimburse the board for the cost of
the investigation and proceeding. For purposes of this section,
the cost of the investigation and proceeding may include, but is
not limited to, fees paid for services provided by the office of
administrative hearings, legal and investigative services
provided by the office of the attorney general, court reporters,
witnesses, and reproduction of records.
CHIROPRACTIC
Sec. 2. Minnesota Statutes 2002, section 148.10,
subdivision 3, is amended to read:
Subd. 3. [REPRIMAND; PENALTIES; PROBATION.] In addition to
the other powers granted to the board under this chapter, the
board may, in connection with any person whom the board, after a
hearing, adjudges unqualified or whom the board, after a
hearing, finds to have performed one or more of the acts
described in subdivision 1:
(1) publicly reprimand or censure the person;
(2) place the person on probation for the period and upon
the terms and conditions that the board may prescribe; and
(3) require payment of all costs of proceedings resulting
in the disciplinary action; and
(4) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the doctor of chiropractic of any economic
advantage gained by reason of the violation charged or, to
reimburse the board for the cost of the investigation and
proceeding, or to discourage similar violations. For purposes
of this section, the cost of the investigation and proceeding
may include, but is not limited to, fees paid for services
provided by the office of administrative hearings, legal and
investigative services provided by the office of the attorney
general, court reporters, witnesses, reproduction of records,
board members' per diem compensation, board staff time, and
travel costs and expenses incurred by board staff and board
members.
OPTOMETRY
Sec. 3. Minnesota Statutes 2002, section 148.603, is
amended to read:
148.603 [FORMS OF DISCIPLINARY ACTIONS.]
When grounds exist under section 148.57, subdivision 3, or
other statute or rule which the board is authorized to enforce,
the board may take one or more of the following disciplinary
actions, provided that disciplinary or corrective action may not
be imposed by the board on any regulated person except after a
contested case hearing conducted pursuant to chapter 14 or by
consent of the parties:
(1) deny an application for a credential;
(2) revoke the regulated person's credential;
(3) suspend the regulated person's credential;
(4) impose limitations on the regulated person's
credential;
(5) impose conditions on the regulated person's credential;
(6) censure or reprimand the regulated person;
(7) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the person of any economic advantage gained by
reason of the violation or to discourage repeated similar
violations or to reimburse the board for the cost of the
investigation and proceeding. For purposes of this section, the
cost of the investigation and proceeding may include, but is not
limited to, fees paid for services provided by the office of
administrative hearings, legal and investigative services
provided by the office of the attorney general, court reporters,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and travel costs and expenses
incurred by board staff and board members; or
(8) when grounds exist under section 148.57, subdivision 3,
or a board rule, enter into an agreement with the regulated
person for corrective action which may include requiring the
regulated person:
(i) to complete an educational course or activity;
(ii) to submit to the executive director or designated
board member a written protocol or reports designed to prevent
future violations of the same kind;
(iii) to meet with a board member or board designee to
discuss prevention of future violations of the same kind; or
(iv) to reimburse the board for its legal and investigative
costs; or
(v) to perform other action justified by the facts.
Listing the measures in clause (8) does not preclude the
board from including them in an order for disciplinary action.
DIETETICS AND NUTRITION
Sec. 4. Minnesota Statutes 2002, section 148.631, is
amended to read:
148.631 [PENALTY.]
A person who violates sections 148.621 to 148.633 is guilty
of a misdemeanor. If a person other than a licensed dietitian
or nutritionist engages in an act or practice constituting an
offense under sections 148.621 to 148.633, a district court on
application of the board may issue an injunction or other
appropriate order restraining the act or practice.
If the board finds that a licensed dietitian or
nutritionist has violated a provision of sections 148.621 to
148.633 or rules adopted under them, it may impose a civil
penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive the
dietitian or nutritionist of any economic advantage gained by
reason of the violation charged, to discourage similar
violations, or to reimburse the board for the cost of the
investigation and proceeding, including, but not limited to,
fees paid for services provided by the office of administrative
hearings, legal and investigational services provided by the
office of the attorney general, services of court reporters,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and expenses incurred by board
members and staff.
PHYSICAL THERAPY
Sec. 5. [148.775] [FORMS OF DISCIPLINARY ACTION.]
If the board finds that a licensed physical therapist has
violated a provision or provisions of section 148.75 or 148.76,
it may do one or more of the following:
(1) deny the application for the license;
(2) deny the renewal of the license;
(3) revoke the license;
(4) suspend the license;
(5) impose limitations or conditions on the physical
therapist's practice of physical therapy, including the
limitation of scope of practice to designated field specialties;
the imposition of retraining or rehabilitation requirements; the
requirement of practice under supervision; or the conditioning
of continued practice on demonstration of knowledge or skills by
appropriate examination, monitoring, or other review of skill
and competence;
(6) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the physical therapist of any economic
advantage gained by reason of the violation charged, to
discourage similar violations or to reimburse the board for the
cost of the investigation and proceeding, including, but not
limited to, fees paid for services provided by the office of
administrative hearings, legal and investigative services
provided by the office of the attorney general, court reporters,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and travel costs and expenses
incurred by board staff and board members;
(7) order the physical therapist to provide unremunerated
service;
(8) censure or reprimand the licensed physical therapist;
or
(9) any other action as allowed by law and justified by the
facts of the case.
DENTISTRY
Sec. 6. Minnesota Statutes 2002, section 150A.08,
subdivision 3, is amended to read:
Subd. 3. [REINSTATEMENT.] Any licensee or registrant whose
license or registration has been suspended or revoked may have
the license or registration reinstated or a new license or
registration issued, as the case may be, when the board deems
the action is warranted. The board may require the licensee or
registrant to pay all costs of proceedings resulting in the
suspension or revocation of license or registration and
reinstatement or new license and the fee for reinstatement
established by the board. Any licensee or registrant who has
been disciplined by the board in a manner other than by
suspension or revocation may be required by the board to pay all
costs of proceedings resulting in the disciplinary action.
Sec. 7. Minnesota Statutes 2002, section 150A.08, is
amended by adding a subdivision to read:
Subd. 3a. [COSTS; ADDITIONAL PENALTIES.] (a) The board may
impose a civil penalty not exceeding $10,000 for each separate
violation, the amount of the civil penalty to be fixed so as to
deprive a licensee or registrant of any economic advantage
gained by reason of the violation, to discourage similar
violations by the licensee or registrant or any other licensee
or registrant, or to reimburse the board for the cost of the
investigation and proceeding, including, but not limited to,
fees paid for services provided by the office of administrative
hearings, legal and investigative services provided by the
office of the attorney general, court reporters, witnesses,
reproduction of records, board members' per diem compensation,
board staff time, and travel costs and expenses incurred by
board staff and board members.
(b) In addition to costs and penalties imposed under
paragraph (a), the board may also:
(1) order the dentist, dental hygienist, or dental
assistant to provide unremunerated service;
(2) censure or reprimand the dentist, dental hygienist, or
dental assistant; or
(3) any other action as allowed by law and justified by the
facts of the case.
PHARMACY
Sec. 8. Minnesota Statutes 2002, section 151.06, is
amended by adding a subdivision to read:
Subd. 5. [COSTS; PENALTIES.] The board may impose a civil
penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive a
licensee or registrant of any economic advantage gained by
reason of the violation, to discourage similar violations by the
licensee or registrant or any other licensee or registrant, or
to reimburse the board for the cost of the investigation and
proceeding, including, but not limited to, fees paid for
services provided by the office of administrative hearings,
legal and investigative services provided by the office of the
attorney general, court reporters, witnesses, reproduction of
records, board members' per diem compensation, board staff time,
and travel costs and expenses incurred by board staff and board
members.
PODIATRIC MEDICINE
Sec. 9. Minnesota Statutes 2002, section 153.22,
subdivision 1, is amended to read:
Subdivision 1. [FORMS OF DISCIPLINARY ACTION.] When the
board finds, after notice and hearing, that a licensed doctor of
podiatric medicine has violated a provision or provisions of
this chapter, it may do one or more of the following:
(1) revoke the license;
(2) suspend the license;
(3) impose limitations or conditions on the podiatrist's
practice of podiatric medicine; the imposition of retraining or
rehabilitation requirements; the requirement of practice under
supervision; or the conditioning of continued practice on
demonstration of knowledge or skills by appropriate examination
or other review of skill and competence;
(4) impose a civil penalty not exceeding $10,000 for each
separate violation, the amount of the civil penalty to be fixed
so as to deprive the podiatrist of any economic advantage gained
by reason of the violation charged, to discourage similar
violations, or to reimburse the board for the cost of the
investigation and proceeding, including, but not limited to,
fees paid for services provided by the office of administrative
hearings, legal and investigative services provided by the
office of the attorney general, court reporter services,
witnesses, reproduction of records, board members' per diem
compensation, board staff time, and board and staff expenses;
(5) order the podiatrist to provide unremunerated
professional service under supervision at a designated public
hospital, nursing home, clinic, or other health care
institution; or
(6) censure or reprimand the licensed podiatrist.
Sec. 10. Minnesota Statutes 2002, section 153.22,
subdivision 5, is amended to read:
Subd. 5. [REINSTATEMENT; COSTS; CONDITIONS ON REISSUED
REINSTATED OR NEW LICENSE.] In its discretion, the board may
restore and reissue a license to practice podiatric medicine,
but Any licensee whose license has been suspended or revoked may
have the license reinstated or a new license issued, as the case
may be, when the board finds the action is warranted. As a
condition of reinstatement or the new license, the board may
impose any disciplinary or corrective measure, other than
suspension or revocation, that it might originally have imposed.
VETERINARY MEDICINE
Sec. 11. Minnesota Statutes 2002, section 156.127,
subdivision 1, is amended to read:
Subdivision 1. [BOARD ACTION.] When grounds exist under
section 156.081, or other statute or rule which the board is
authorized to enforce, the board may take one or more of the
following disciplinary actions:
(1) deny an application for a license;
(2) revoke the regulated person's license;
(3) suspend the regulated person's license;
(4) impose limitations on the regulated person's license;
(5) impose conditions on the regulated person's license;
(6) censure or reprimand, publicly or privately, the
regulated person;
(7) impose an administrative penalty not exceeding $5,000
$10,000 for each separate violation, the amount of the penalty
to be fixed so as to deprive the person of any economic
advantage gained by reason of the violation or, to discourage
repeated similar violations, or to reimburse the board for the
cost of the investigation and proceeding including, but not
limited to, fees paid for services provided by the office of
administrative hearings, legal and investigative services
provided by the office of the attorney general, court reporter
services, witnesses, reproduction of records, board members' per
diem compensation, board staff time, and board and staff
expenses; or
(8) take any other action justified by the facts of the
case.
Sec. 12. Minnesota Statutes 2002, section 156.127,
subdivision 3, is amended to read:
Subd. 3. [DISCIPLINARY ACTION AND REINSTATEMENT FEE.] Upon
reinstating a regulated person's license or granting an
applicant's license, the board may, at its discretion, impose
any disciplinary action, cost, or penalty listed in subdivision
1, as well as any reinstatement fee.
Presented to the governor May 16, 2003
Signed by the governor May 20, 2003, 5:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes