Minnesota Session Laws - 2010, Regular Session

CHAPTER 349--S.F.No. 3147

An act

relating to health occupation; requiring license revocation for chiropractors convicted of a felony-level criminal sexual conduct offense; requiring a report;

amending Minnesota Statutes 2008, sections 148.10, by adding a subdivision; 364.09.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 148.10, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Conviction of a felony-level criminal sexual conduct offense. new text end

new text begin (a) Except as provided in paragraph (e), the board shall not grant or renew a license to practice chiropractic to any person who has been convicted on or after August 1, 2010, of any of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o). new text end

new text begin (b) A license to practice chiropractic is automatically revoked if the licensee is convicted of an offense listed in paragraph (a) of this section. new text end

new text begin (c) A license to practice chiropractic that has been denied or revoked under this subdivision is not subject to chapter 364. new text end

new text begin (d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or execution of the sentence and final disposition of the case is accomplished at a nonfelony level. new text end

new text begin (e) The board may establish criteria whereby an individual convicted of an offense listed in paragraph (a) of this subdivision may become licensed provided that the criteria: new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for licensing or credentialing; new text end

new text begin (2) provide a standard for overcoming the presumption; and new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant was released from any incarceration or supervisory jurisdiction related to the offense. new text end

new text begin The board shall not consider an application under this paragraph if the board determines that the victim involved in the offense was a patient or a client of the applicant at the time of the offense. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for new licenses issued on or after August 1, 2010. new text end

Sec. 2.

Minnesota Statutes 2008, section 364.09, is amended to read:

364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire protection agencies; to eligibility for a private detective or protective agent license; to the licensing and background study process under chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility for special transportation service endorsements; to eligibility for a commercial driver training instructor license, which is governed by section 171.35 and rules adopted under that section; to emergency medical services personnel, or to the licensing by political subdivisions of taxicab drivers, if the applicant for the license has been discharged from sentence for a conviction within the ten years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training Board or the state fire marshal from recommending policies set forth in this chapter to the attorney general for adoption in the attorney general's discretion to apply to law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

new text begin (e) This chapter does not apply to any person who has been denied a license to practice chiropractic or whose license to practice chiropractic has been revoked by the board in accordance with section 148.10, subdivision 7. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for new licenses issued on or after August 1, 2010. new text end

Sec. 3.

new text begin COUNCIL OF HEALTH BOARDS. new text end

new text begin The Council of Health Boards established in section 214.025 shall review the statutory provisions of sections 148.10, subdivision 7, and 364.09, paragraph (e), and make recommendations to the house of representatives and senate legislative committees with jurisdiction over licensing health-related occupations regarding the impact of similar legislation on the health-related licensing boards. The commissioner of health or a designee shall participate in this review. The recommendations shall be submitted no later than January 15, 2011, and include any proposed legislation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor May 12, 2010

Signed by the governor May 14, 2010, 7:59 p.m.