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Minnesota Legislature

Office of the Revisor of Statutes

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.