HF 2555A

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 01/15/2013 08:26pm

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2555

1.2A bill for an act

1.3relating to state government; implementing changes to the sunset review;
1.4changing certain agency requirements; requiring posting of convictions of
1.5felonies or gross misdemeanors and malpractice settlements or judgments for a
1.6regulated practitioner; requiring certain information on regulated practitioners;
1.7requiring a study; prohibiting transfer of certain funds; requiring reports and a
1.8financial audit; setting fees; abolishing the Combative Sports Commission and
1.9transferring combative sports duties to the commissioner of labor and industry;
1.10establishing a Combative Sports Advisory Council; requiring a review of the
1.11Minnesota Board of Medical Practice; changing provisions for health-related
1.12licensing boards; appropriating money;amending Minnesota Statutes 2010,
1.13sections 3.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225,
1.14subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a
1.15subdivision; 148.102, by adding a subdivision; 148.261, subdivision 1; 148.263,
1.16by adding a subdivision; 148.5194, subdivision 5; 148.6445, subdivision 10;
1.17148B.07, by adding a subdivision; 148C.095, by adding a subdivision; 148E.285,
1.18by adding a subdivision; 150A.13, by adding a subdivision; 153.24, by adding
1.19a subdivision; 153A.17; 214.06, subdivisions 1, 1a, by adding a subdivision;
1.20214.09, by adding a subdivision; 214.103; 341.21, by adding a subdivision;
1.21341.28, subdivision 1; 341.37; Minnesota Statutes 2011 Supplement, sections
1.223D.04; 3D.06; 3D.21, subdivisions 1, 2; proposing coding for new law in
1.23Minnesota Statutes, chapters 3D; 16B; 214; 341; repealing Minnesota Statutes
1.242010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05; 138A.06;
1.25341.21, subdivisions 3, 4a; 341.22; 341.23; 341.24; 341.26.
1.26April 27, 2012
1.27The Honorable Kurt Zellers
1.28Speaker of the House of Representatives
1.29The Honorable Michelle L. Fischbach
1.30President of the Senate
1.31We, the undersigned conferees for H. F. No. 2555 report that we have agreed upon
1.32the items in dispute and recommend as follows:
1.33That the Senate recede from its amendments and that H. F. No. 2555 be further
1.34amended as follows:
1.35Delete everything after the enacting clause and insert:

2.1"ARTICLE 1

2.2SUNSET REVIEW

2.3    Section 1. Minnesota Statutes 2011 Supplement, section 3D.04, is amended to read:
2.43D.04 STAFF; CONTRACTS.
2.5The Legislative Coordinating Commission shall provide staff and administrative
2.6services for the commission. The Sunset Advisory Commission may enter into contracts
2.7for evaluations of agencies under review.

2.8    Sec. 2. Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:
2.93D.06 AGENCY REPORT TO COMMISSION.
2.10(a) Before September 1 of the odd-numbered year before the year in which a
2.11state agency is subject to sunset review, the agency commissioner shall report to the
2.12commission:
2.13(1) information regarding the application to the agency of the criteria in section
2.143D.10 ;
2.15(2) a priority-based an outcome-based budget for the agency;
2.16(3) an inventory of all boards, commissions, committees, and other entities related
2.17to the agency; and
2.18(4) any other information that the agency commissioner considers appropriate or that
2.19is requested by the commission.
2.20The September 1 deadline in this section does not apply in 2011.
2.21(b) The outcome-based budget required by paragraph (a) must be for each of the
2.22agency's activities, as the term activity is used in state budgeting and must:
2.23(1) identify the statutory authority for the activity;
2.24(2) include one or more performance goals and associated performance measures
2.25that measure outcomes, not inputs;
2.26(3) discuss the extent to which each performance measure is reliable and verifiable,
2.27and can be accurately measured;
2.28(4) discuss the extent to which the agency has met each performance measure, and
2.29the extent to which the budget devoted to the activity has permitted or prevented the
2.30agency from meeting its performance goals;
2.31(5) discuss efficiencies that would allow the agency to better meet its goals; and
2.32(6) identify agencies at any level of government or private sector entities that provide
2.33the same activities, and describe agency interaction with the activities provided by others.

3.1    Sec. 3. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended
3.2to read:
3.3    Subd. 2. Group 2. The following agencies are sunset and, except as provided in
3.4section 3D.14, expire on June 30, 2014: Department of Health, Department of Human
3.5Services, Department of Human Rights, Department of Education, Board of Teaching,
3.6Minnesota Office of Higher Education, Emergency Medical Services Regulatory Board,
3.7Council on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on
3.8Asian-Pacific Minnesotans, Indian Affairs Council, and all advisory groups associated
3.9with these agencies.

3.10    Sec. 4. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 4, is amended
3.11to read:
3.12    Subd. 4. Group 4. The following agencies are sunset and, except as provided
3.13in section 3D.14, expire on June 30, 2018: Department of Corrections, Department of
3.14Public Safety, Department of Transportation, Peace Officer Standards and Training
3.15Board, Capitol Area Architectural and Planning Board, Amateur Sports Commission, all
3.16health-related licensing boards listed in section 214.01, Council on Disability, and all
3.17advisory groups associated with these agencies.

3.18    Sec. 5. COUNCIL ON BLACK MINNESOTANS.
3.19The Office of the Legislative Auditor should conduct a financial audit of the Council
3.20on Black Minnesotans by December 1, 2013. In its next report to the Sunset Advisory
3.21Commission, the Council on Black Minnesotans must respond to any issues raised in this
3.22audit and to issues raised in previous audits.

3.23    Sec. 6. REVIEW OF SUNSET PROCESS.
3.24The Office of the Legislative Auditor is requested to conduct a review of the sunset
3.25process in Minnesota Statutes, chapter 3D. The review should be conducted in 2018.
3.26The legislative auditor is requested to present the result of the review in a report to the
3.27Legislative Audit Commission and Sunset Advisory Commission.

3.28    Sec. 7. REPEALER.
3.29Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1, is repealed.
3.30EFFECTIVE DATE.This section is effective the day following final enactment.

4.1ARTICLE 2

4.2ADMINISTRATIVE PROCEDURES AND FEES

4.3    Section 1. Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision
4.4to read:
4.5    Subd. 11. Report. The council shall prepare and submit a report to the governor and
4.6legislature by November 15 of each year. The report shall summarize the activities of the
4.7council since its last report, list receipts and expenditures, identify the major problems and
4.8issues confronting American Indian people, make recommendations to address issues,
4.9and list the specific objectives that the council seeks to attain during the biennium. The
4.10council shall report on outcome measures.

4.11    Sec. 2. Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:
4.12    Subd. 7. Report. The council shall prepare and distribute submit a report to the
4.13governor and legislature by November 15 of each even-numbered year. The report shall
4.14summarize the activities of the council since its last report, list receipts and expenditures,
4.15identify the major problems and issues confronting Chicano/Latino people, make
4.16recommendations to address issues, and list the specific objectives that the council seeks
4.17to attain during the next biennium. The council shall report on outcome measures.

4.18    Sec. 3. Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:
4.19    Subd. 7. Report. The council shall prepare and distribute submit a report to the
4.20governor and legislature by November 15 of each even-numbered year. The report shall
4.21summarize the activities of the council since its last report, list receipts and expenditures,
4.22identify the major problems and issues confronting Black people, make recommendations
4.23to address issues, and list the specific objectives which the council seeks to attain during
4.24the next biennium. The council shall report on outcome measures.

4.25    Sec. 4. Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:
4.26    Subd. 7. Report. The council shall prepare and distribute submit a report to the
4.27governor and legislature by November 15 of each even-numbered year. The report
4.28shall summarize the activities of the council since its last report, list receipts and
4.29expenditures, identify the major problems and issues confronting Asian-Pacific people,
4.30make recommendations to address issues, and list the specific objectives that the council
4.31seeks to attain during the next biennium. The council shall report on outcome measures.

4.32    Sec. 5. [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.
5.1To the extent possible, the commission and the Office of the Legislative Auditor
5.2shall align their work so that audits and program evaluations conducted by the Office
5.3of the Legislative Auditor can inform the work of the commission. The commission
5.4may request the Office of the Legislative Auditor to provide updates on financial audits
5.5and program evaluations the Office of the Legislative Auditor has prepared on agencies
5.6scheduled for Sunset Advisory Commission review.

5.7    Sec. 6. [3D.065] REPORT ON PERSONNEL.
5.8By September 1 of the odd-numbered year before the year in which a state agency is
5.9subject to sunset review, the commissioner of management and budget must report to the
5.10Sunset Advisory Commission on the number of full-time equivalent employees and the
5.11salary structure for each agency under review.

5.12    Sec. 7. [16B.371] ASSISTANCE TO SMALL AGENCIES.
5.13(a) The commissioner may provide administrative support services to small agencies.
5.14To promote efficiency and cost-effective use of state resources, and to improve financial
5.15controls, the commissioner may require a small agency to receive administrative support
5.16services through the Department of Administration or through another agency designated
5.17by the commissioner. Services subject to this section include finance, accounting, payroll,
5.18purchasing, human resources, and other services designated by the commissioner. The
5.19commissioner may determine what constitutes a small agency for purposes of this section.
5.20The commissioner, in consultation with the commissioner of management and budget and
5.21small agencies, shall evaluate small agencies' needs for administrative support services.
5.22If the commissioner provides administrative support services to a small agency, the
5.23commissioner must enter into a service level agreement with the agency, specifying the
5.24services to be provided and the costs and anticipated outcomes of the services.
5.25(b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the
5.26Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota
5.27State Council on Disability must use the services specified in paragraph (a).
5.28    (c) The commissioner of administration may assess agencies for services it provides
5.29under this section. The amounts assessed are appropriated to the commissioner.
5.30(d) For agencies covered in this section, the commissioner has the authority to require
5.31the agency to comply with applicable state finance, accounting, payroll, purchasing, and
5.32human resources policies. The agencies served retain the ownership and responsibility for
5.33spending decisions and for ongoing implementation of appropriate business operations.

6.1    Sec. 8. Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:
6.2    Subd. 4. Disclosure. Subject to the exceptions listed in this subdivision, all
6.3communications or information received by or disclosed to the board relating to any
6.4person or matter subject to its regulatory jurisdiction are confidential and privileged and
6.5any disciplinary hearing shall be closed to the public.
6.6(a) Upon application of a party in a proceeding before the board under section
6.7147.091 , the board shall produce and permit the inspection and copying, by or on behalf of
6.8the moving party, of any designated documents or papers relevant to the proceedings, in
6.9accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.
6.10(b) If the board takes corrective action or imposes disciplinary measures of any kind,
6.11whether by contested case or by settlement agreement, the name and business address of
6.12the licensee, the nature of the misconduct, and the action taken by the board are public
6.13data. If disciplinary action is taken by settlement agreement, the entire agreement is public
6.14data. The board shall decide disciplinary matters, whether by settlement or by contested
6.15case, by roll call vote. The votes are public data.
6.16(c) The board shall exchange information with other licensing boards, agencies, or
6.17departments within the state, as required under section 214.10, subdivision 8, paragraph
6.18(c), and may release information in the reports required under section 147.02, subdivision
6.196 .
6.20(d) The board shall upon request furnish to a person who made a complaint, or the
6.21alleged victim of a violation of section 147.091, subdivision 1, paragraph (t), or both, a
6.22description of the activities and actions of the board relating to that complaint, a summary
6.23of the results of an investigation of that complaint, and the reasons for actions taken
6.24by the board.
6.25(e) A probable cause hearing held pursuant to section 147.092 shall be closed to the
6.26public, except for the notices of hearing made public by operation of section 147.092.
6.27(f) Findings of fact, conclusions, and recommendations issued by the administrative
6.28law judge, and transcripts of oral arguments before the board pursuant to a contested case
6.29proceeding in which an administrative law judge found a violation of section 147.091,
6.30subdivision 1 , paragraph (t), are public data.
6.31EFFECTIVE DATE.This section is effective for all corrective action taken on
6.32or after August 1, 2012.

6.33    Sec. 9. Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision
6.34to read:
7.1    Subd. 10. Failure to report. On or after August 1, 2012, any person, health care
7.2facility, business, or organization that fails to report as required under subdivisions 2 to 6
7.3shall be subject to civil penalties for failing to report as required by law.
7.4EFFECTIVE DATE.This section is effective August 1, 2012.

7.5    Sec. 10. Minnesota Statutes 2010, section 148.102, is amended by adding a subdivision
7.6to read:
7.7    Subd. 8. Failure to report. On or after August 1, 2012, any person or insurer that
7.8fails to report as required under subdivisions 2 to 4 shall be subject to civil penalties for
7.9failing to report as required by law.
7.10EFFECTIVE DATE.This section is effective August 1, 2012.

7.11    Sec. 11. Minnesota Statutes 2010, section 148.261, subdivision 1, is amended to read:
7.12    Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit, or
7.13condition the license and registration of any person to practice professional, advanced
7.14practice registered, or practical nursing under sections 148.171 to 148.285, or to otherwise
7.15discipline a licensee or applicant as described in section 148.262. The following are
7.16grounds for disciplinary action:
7.17(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
7.18contained in sections 148.171 to 148.285 or rules of the board. In the case of a person
7.19applying for a license, the burden of proof is upon the applicant to demonstrate the
7.20qualifications or satisfaction of the requirements.
7.21(2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
7.22or registration certificate to practice professional or practical nursing or attempting to
7.23subvert the licensing examination process. Conduct that subverts or attempts to subvert
7.24the licensing examination process includes, but is not limited to:
7.25(i) conduct that violates the security of the examination materials, such as removing
7.26examination materials from the examination room or having unauthorized possession of
7.27any portion of a future, current, or previously administered licensing examination;
7.28(ii) conduct that violates the standard of test administration, such as communicating
7.29with another examinee during administration of the examination, copying another
7.30examinee's answers, permitting another examinee to copy one's answers, or possessing
7.31unauthorized materials; or
7.32(iii) impersonating an examinee or permitting an impersonator to take the
7.33examination on one's own behalf.
8.1(3) Conviction during the previous five years of a felony or gross misdemeanor
8.2reasonably related to the practice of professional, advanced practice registered, or practical
8.3nursing. Conviction as used in this subdivision includes a conviction of an offense that if
8.4committed in this state would be considered a felony or gross misdemeanor without regard
8.5to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilt is
8.6made or returned but the adjudication of guilt is either withheld or not entered.
8.7(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
8.8against the person's professional or practical nursing license or advanced practice
8.9registered nursing credential, in another state, territory, or country; failure to report to the
8.10board that charges regarding the person's nursing license or other credential are pending in
8.11another state, territory, or country; or having been refused a license or other credential by
8.12another state, territory, or country.
8.13(5) Failure to or inability to perform professional or practical nursing as defined in
8.14section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure
8.15of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
8.16performance of acts by any person working at the nurse's direction.
8.17(6) Engaging in unprofessional conduct, including, but not limited to, a departure
8.18from or failure to conform to board rules of professional or practical nursing practice that
8.19interpret the statutory definition of professional or practical nursing as well as provide
8.20criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
8.21acceptable and prevailing professional or practical nursing practice, or any nursing
8.22practice that may create unnecessary danger to a patient's life, health, or safety. Actual
8.23injury to a patient need not be established under this clause.
8.24(7) Failure of an advanced practice registered nurse to practice with reasonable
8.25skill and safety or departure from or failure to conform to standards of acceptable and
8.26prevailing advanced practice registered nursing.
8.27(8) Delegating or accepting the delegation of a nursing function or a prescribed
8.28health care function when the delegation or acceptance could reasonably be expected to
8.29result in unsafe or ineffective patient care.
8.30(9) Actual or potential inability to practice nursing with reasonable skill and safety
8.31to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
8.32as a result of any mental or physical condition.
8.33(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
8.34person, or a person dangerous to the public by a court of competent jurisdiction, within or
8.35without this state.
9.1(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
9.2to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
9.3for the health, welfare, or safety of a patient. Actual injury need not be established under
9.4this clause.
9.5(12) Engaging in conduct with a patient that is sexual or may reasonably be
9.6interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
9.7demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
9.8(13) Obtaining money, property, or services from a patient, other than reasonable
9.9fees for services provided to the patient, through the use of undue influence, harassment,
9.10duress, deception, or fraud.
9.11(14) Revealing a privileged communication from or relating to a patient except when
9.12otherwise required or permitted by law.
9.13(15) Engaging in abusive or fraudulent billing practices, including violations of
9.14federal Medicare and Medicaid laws or state medical assistance laws.
9.15(16) Improper management of patient records, including failure to maintain adequate
9.16patient records, to comply with a patient's request made pursuant to sections 144.291 to
9.17144.298, or to furnish a patient record or report required by law.
9.18(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
9.19engage in the unlawful practice of professional, advanced practice registered, or practical
9.20nursing.
9.21(18) Violating a rule adopted by the board, an order of the board, or a state or federal
9.22law relating to the practice of professional, advanced practice registered, or practical
9.23nursing, or a state or federal narcotics or controlled substance law.
9.24(19) Knowingly providing false or misleading information that is directly related
9.25to the care of that patient unless done for an accepted therapeutic purpose such as the
9.26administration of a placebo.
9.27(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
9.28established by any of the following:
9.29(i) a copy of the record of criminal conviction or plea of guilty for a felony in
9.30violation of section 609.215, subdivision 1 or 2;
9.31(ii) a copy of the record of a judgment of contempt of court for violating an
9.32injunction issued under section 609.215, subdivision 4;
9.33(iii) a copy of the record of a judgment assessing damages under section 609.215,
9.34subdivision 5 ; or
10.1(iv) a finding by the board that the person violated section 609.215, subdivision
10.21 or 2. The board shall investigate any complaint of a violation of section 609.215,
10.3subdivision 1 or 2.
10.4(21) Practicing outside the scope of practice authorized by section 148.171,
10.5subdivision 5 , 10, 11, 13, 14, 15, or 21.
10.6(22) Practicing outside the specific field of nursing practice for which an advanced
10.7practice registered nurse is certified unless the practice is authorized under section 148.284.
10.8(23) Making a false statement or knowingly providing false information to the
10.9board, failing to make reports as required by section 148.263, or failing to cooperate with
10.10an investigation of the board as required by section 148.265.
10.11(24) Engaging in false, fraudulent, deceptive, or misleading advertising.
10.12(25) Failure to inform the board of the person's certification status as a nurse
10.13anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.
10.14(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
10.15practitioner practice, or registered nurse anesthetist practice without current certification
10.16by a national nurse certification organization acceptable to the board, except during the
10.17period between completion of an advanced practice registered nurse course of study and
10.18certification, not to exceed six months or as authorized by the board.
10.19(27) Engaging in conduct that is prohibited under section 145.412.
10.20(28) Failing to report employment to the board as required by section 148.211,
10.21subdivision 2a , or knowingly aiding, assisting, advising, or allowing a person to fail to
10.22report as required by section 148.211, subdivision 2a.

10.23    Sec. 12. Minnesota Statutes 2010, section 148.263, is amended by adding a subdivision
10.24to read:
10.25    Subd. 7. Failure to report. On or after August 1, 2012, any person, institution,
10.26insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be
10.27subject to civil penalties for failing to report as required by law.
10.28EFFECTIVE DATE.This section is effective August 1, 2012.

10.29    Sec. 13. Minnesota Statutes 2010, section 148.5194, subdivision 5, is amended to read:
10.30    Subd. 5. Nonrefundable Use of fees. All fees are nonrefundable. The commissioner
10.31shall only use fees collected under this section for the purposes of administering this
10.32chapter. The legislature must not transfer money generated by these fees from the state
10.33government special revenue fund to the general fund. Surcharges collected by the
10.34commissioner of health under section 16E.22 are not subject to this subdivision.

11.1    Sec. 14. Minnesota Statutes 2010, section 148.6445, subdivision 10, is amended to
11.2read:
11.3    Subd. 10. Nonrefundable Use of fees. All fees are nonrefundable. The
11.4commissioner shall only use fees collected under this section for the purposes of
11.5administering this chapter. The legislature must not transfer money generated by these fees
11.6from the state government special revenue fund to the general fund. Surcharges collected
11.7by the commissioner of health under section 16E.22 are not subject to this subdivision.

11.8    Sec. 15. Minnesota Statutes 2010, section 148B.07, is amended by adding a
11.9subdivision to read:
11.10    Subd. 10. Failure to report. On or after August 1, 2012, any person, institution,
11.11insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be
11.12subject to civil penalties for failing to report as required by law.
11.13EFFECTIVE DATE.This section is effective August 1, 2012.

11.14    Sec. 16. Minnesota Statutes 2010, section 148C.095, is amended by adding a
11.15subdivision to read:
11.16    Subd. 8. Failure to report. On or after August 1, 2012, any person, institution,
11.17insurer, or organization that fails to report as required under subdivisions 2 to 5 shall be
11.18subject to civil penalties for failing to report as required by law.
11.19EFFECTIVE DATE.This section is effective August 1, 2012.

11.20    Sec. 17. Minnesota Statutes 2010, section 148E.285, is amended by adding a
11.21subdivision to read:
11.22    Subd. 4. Failure to report. On or after August 1, 2012, any person, institution, or
11.23organization that fails to report as required under subdivisions 1 and 2 shall be subject
11.24to civil penalties for failing to report as required by law.
11.25EFFECTIVE DATE.This section is effective August 1, 2012.

11.26    Sec. 18. Minnesota Statutes 2010, section 150A.13, is amended by adding a
11.27subdivision to read:
11.28    Subd. 10. Failure to report. On or after August 1, 2012, any person, institution,
11.29insurer, or organization that fails to report as required under subdivisions 2 to 6 shall be
11.30subject to civil penalties for failing to report as required by law.
12.1EFFECTIVE DATE.This section is effective August 1, 2012.

12.2    Sec. 19. Minnesota Statutes 2010, section 153.24, is amended by adding a subdivision
12.3to read:
12.4    Subd. 8. Failure to report. On or after August 1, 2012, any person, institution, or
12.5insurer that fails to report as required under subdivisions 2 to 5 shall be subject to civil
12.6penalties for failing to report as required by law.
12.7EFFECTIVE DATE.This section is effective August 1, 2012.

12.8    Sec. 20. Minnesota Statutes 2010, section 153A.17, is amended to read:
12.9153A.17 EXPENSES; FEES.
12.10(a) The expenses for administering the certification requirements, including the
12.11complaint handling system for hearing aid dispensers in sections 153A.14 and 153A.15,
12.12and the Consumer Information Center under section 153A.18, must be paid from initial
12.13application and examination fees, renewal fees, penalties, and fines. The commissioner
12.14shall only use fees collected under this section for the purposes of administering this
12.15chapter. The legislature must not transfer money generated by these fees from the state
12.16government special revenue fund to the general fund. Surcharges collected by the
12.17commissioner of health under section 16E.22 are not subject to this paragraph.
12.18(b) The fees are as follows:
12.19(1) the initial and annual renewal certification application fee is $600;
12.20(2) the initial examination fee for the written portion is $500, and for each time it
12.21is taken, thereafter;
12.22(3) the initial examination fee for the practical portion is $1,200, and $600 for each
12.23time it is taken, thereafter; for individuals meeting the requirements of section 148.515,
12.24subdivision 2, the fee for the practical portion of the hearing instrument dispensing
12.25examination is $250 each time it is taken;
12.26(4) the trainee application fee is $200;
12.27(5) the penalty fee for late submission of a renewal application is $200; and
12.28(6) the fee for verification of certification to other jurisdictions or entities is $25.
12.29(c) The commissioner may prorate the certification fee for new applicants based on
12.30the number of quarters remaining in the annual certification period.
12.31(d) All fees are nonrefundable. All fees, penalties, and fines received must be
12.32deposited in the state government special revenue fund.
13.1(e) Beginning July 1, 2009, until June 30, 2016, a surcharge of $100 shall be paid
13.2at the time of initial certification application or renewal to recover the commissioner's
13.3accumulated direct expenditures for administering the requirements of this chapter.

13.4    Sec. 21. Minnesota Statutes 2010, section 214.06, subdivision 1, is amended to read:
13.5    Subdivision 1. Fee adjustment Fees to recover expenditures. Notwithstanding
13.6any law to the contrary, the commissioner of health as authorized by section 214.13, all
13.7health-related licensing boards and all non-health-related licensing boards shall by rule,
13.8with the approval of the commissioner of management and budget, adjust, as needed,
13.9any fee which the commissioner of health or the board is empowered to assess. The
13.10commissioner of health as authorized by section 214.13 and all health-related licensing
13.11boards and non-health-related licensing boards shall propose or adjust any fee according
13.12to section 16A.1283. As provided in section 16A.1285, the adjustment fees shall be
13.13an amount sufficient so that the total fees collected by each board will be based on
13.14anticipated expenditures, including expenditures for the programs authorized by sections
13.15214.10 , 214.103, 214.11, 214.17 to 214.24, 214.28 to 214.37, and 214.40, except that a
13.16health-related licensing board may have anticipated expenditures in excess of anticipated
13.17revenues in a biennium by using accumulated surplus revenues from fees collected by
13.18that board in previous bienniums. A health-related licensing board may accumulate up to
13.19one year of operating funds, and then shall propose a fee reduction according to section
13.2016A.1283. A health-related licensing board shall not spend more money than the amount
13.21appropriated by the legislature for a biennium. For members of an occupation registered
13.22after July 1, 1984, by the commissioner of health under the provisions of section 214.13,
13.23the fee established must include an amount necessary to recover, over a five-year period,
13.24the commissioner's direct expenditures for adoption of the rules providing for registration
13.25of members of the occupation. All fees received shall be deposited in the state treasury.

13.26    Sec. 22. Minnesota Statutes 2010, section 214.06, subdivision 1a, is amended to read:
13.27    Subd. 1a. Health occupations licensing account. (a) Fees received by the
13.28commissioner of health or health-related licensing boards must be credited to the health
13.29occupations licensing account in the state government special revenue fund. The
13.30commissioner of management and budget shall ensure that the revenues and expenditures
13.31of each health-related licensing board are tracked separately in the health occupations
13.32licensing account.
13.33    (b) The fees collected must be used only by the boards identified in section 214.01,
13.34subdivision 2, and only for the purposes of the programs they administer. The legislature
14.1must not transfer money generated by these fees from the state government special
14.2revenue fund to the general fund. Surcharges collected by a health-related licensing board
14.3under section 16E.22 are not subject to this subdivision.

14.4    Sec. 23. Minnesota Statutes 2010, section 214.06, is amended by adding a subdivision
14.5to read:
14.6    Subd. 1b. Health-related licensing boards; surcharges. When a health-related
14.7licensing board imposes a surcharge, the surcharge must not be incorporated as a fee
14.8increase, but must be made as a separate assessment to be paid by the individuals regulated
14.9by the board.

14.10    Sec. 24. [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.
14.11(a) Each health-related licensing board, as defined in section 214.01, subdivision 2,
14.12and the commissioner of health, as the regulator for occupational therapy practitioners,
14.13speech-language pathologists, audiologists, and hearing instrument dispensers, are
14.14required to post on its public Web site the name and business address of each regulated
14.15individual who has:
14.16(1) a conviction of a felony or gross misdemeanor occurring on or after July 1,
14.172013, in any state or jurisdiction;
14.18(2) a malpractice judgment occurring on or after July 1, 2013, against the regulated
14.19individual in any state or jurisdiction. Information describing judgments shall be
14.20developed by the boards and the commissioner, shall be stated in plain English, and shall
14.21ensure the public understands the context of actions involving licensees; or
14.22(3) any disciplinary or corrective action or restriction of privileges taken against the
14.23individual's license by the commissioner or a state licensing board in this state or in any
14.24other state or jurisdiction. The Web site shall identify the basis for disciplinary action, the
14.25type of disciplinary action taken, and whether the action was taken by the commissioner
14.26or a licensing board in this or another state or the federal government. This clause shall
14.27not include any action or restriction imposed through an agreement with a regulated
14.28individual and the health professionals services program under sections 214.31 to 214.37.
14.29(b) The information described in this section shall be posted for new licensees
14.30issued a license on or after July 1, 2013, and for current licensees upon license renewal
14.31occurring on or after July 1, 2013.
14.32EFFECTIVE DATE.This section is effective July 1, 2013.

14.33    Sec. 25. [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
15.1    Each health-related licensing board, as defined in section 214.01, subdivision 2,
15.2and the commissioner of health, as the regulator for occupational therapy practitioners,
15.3speech-language pathologists, audiologists, and hearing instrument dispensers, shall
15.4require an applicant on or after August 1, 2012, to provide the individual's primary
15.5business address at the time of initial application and all subsequent renewals.
15.6EFFECTIVE DATE.This section is effective the day following final enactment.

15.7    Sec. 26. REPORT; HEALTH-RELATED LICENSING BOARD AND
15.8COMMISSIONER OF HEALTH BACKGROUND CHECKS.
15.9The health-related licensing boards and the commissioner of health shall jointly
15.10study and make recommendations for establishing uniform criminal history background
15.11check requirements applicable to applicants and regulated individuals under their
15.12jurisdiction. The study must include procedures for conducting background checks,
15.13payment of costs, circumstances under which federal background checks are to be
15.14conducted, and the standard to be applied to determine whether a criminal record may
15.15disqualify an individual from licensure or a regulated occupation. By January 15, 2013,
15.16the boards and the commissioner shall submit a report and draft legislation to the chair
15.17and ranking minority member of the senate and house of representatives committees with
15.18jurisdiction over health and human services and data practices issues.

15.19    Sec. 27. HEALTH-RELATED LICENSING BOARDS REPORTING
15.20OBLIGATIONS.
15.21    (a) By January 15, 2013, the health-related boards and the commissioner of health,
15.22as the regulator for occupational therapy practitioners, speech-language pathologists,
15.23audiologists, and hearing instrument dispensers, shall jointly study and submit draft
15.24legislation to the Sunset Commission and the chairs and ranking minority members of
15.25the legislative committees with jurisdiction over health and human services developing
15.26consistent reporting requirements that require institutions, professional societies, other
15.27licensed professionals, courts, insurers, and other entities to report conduct constituting
15.28grounds for disciplinary action to the respective regulatory entity. The study and draft
15.29legislation shall include a self-reporting requirement that requires the licensed individual
15.30to report to the respective regulatory entity any action that would require a report to be
15.31filed by another specified entity. The study and draft legislation shall also include penalties
15.32that may be imposed for failure to report.
16.1    (b) Health-related boards with existing statutory reporting obligations shall
16.2participate to ensure that the existing reporting requirements are consistent with the
16.3recommended requirements and draft legislation.

16.4    Sec. 28. SUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH
16.5REVIEW.
16.6The Sunset Advisory Commission review of the Department of Health in 2013
16.7and 2014 must include an analysis of the extent to which health occupations should be
16.8licensed by the Department of Health, and which occupations should be licensed by
16.9licensing boards.

16.10    Sec. 29. REPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING
16.11BOARDS.
16.12The health-related licensing boards and the attorney general shall review and
16.13make recommendations to the legislature by January 15, 2013, on the respective roles
16.14of the boards and the attorney general in conducting investigations of licensees of the
16.15health-related licensing boards.

16.16    Sec. 30. REPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
16.17The commissioner of administration, in conjunction with the health-related licensing
16.18boards identified in Minnesota Statutes, section 214.01, and the Office of Enterprise
16.19Technology utilizing business rules from the health licensing boards shall report to the
16.20legislature by January 15, 2013, the best system for providing electronic licensing,
16.21disciplinary, regulatory, and investigative services for the health-related licensing boards.
16.22Any costs incurred in preparing this report must be paid from surcharges collected under
16.23Minnesota Statutes, section 16E.22.

16.24    Sec. 31. REPORT; HEALTH-RELATED LICENSING BOARD FEES.
16.25Each health-related licensing board, as defined in section 214.01, subdivision 2,
16.26and the commissioner of health, as the regulator for occupational therapy practitioners,
16.27speech-language pathologists, audiologists, and hearing instrument dispensers, shall
16.28report to the chair and lead minority member of the senate and house of representatives
16.29committees with jurisdiction over health and human services finance by January 15, 2013,
16.30on the degree to which fees imposed comply with Minnesota Statutes, sections 214.055
16.31and 214.06, for the health-related licensing boards or Minnesota Statutes, section 144.122,
16.32for the commissioner of health. If a board determines that its fees are expected to produce
17.1more revenue than needed to recover expenditures during a five-year period, the board
17.2must propose reductions in those fees according to section 16A.1283.

17.3    Sec. 32. REPORTS; ADMINISTRATIVE SUPPORT SERVICES.
17.4(a) The commissioner of administration shall report to the legislature by January 15,
17.52013, on use of the SMART program by executive branch agencies.
17.6(b) The administrative services unit of health-related licensing boards shall report to
17.7the legislature by January 15, 2013, evaluating use of the units' services by health-related
17.8licensing boards.

17.9    Sec. 33. MEDICAL PRACTICE ACT; STUDY.
17.10    (a) The commissioner of health shall convene a working group to evaluate the state's
17.11Medical Practice Act to ensure that it effectively protects the safety and well-being of the
17.12citizens of the state and allows transparency. In this evaluation, the working group shall
17.13consider practice acts in other states, including conduct that may result in disciplinary
17.14action.
17.15    (b) The working group shall consist of 15 members, comprised and appointed as
17.16follows:
17.17    (1) two members of the Board of Medical Practice appointed by the Board of
17.18Medical Practice;
17.19    (2) two practicing physicians appointed by the Minnesota Medical Association;
17.20    (3) two medical educators, one representing the University of Minnesota and
17.21appointed by the commissioner of health and one representing the Mayo Clinic and
17.22appointed by the commissioner of health;
17.23    (4) two senators, one appointed by the subcommittee on committees, and one
17.24appointed by the senate minority leader, and two members of the house of representatives,
17.25one appointed by the speaker and one appointed by the house minority leader;
17.26(5) the commissioner of health;
17.27    (6) two consumers appointed by the commissioner of health; and
17.28    (7) two experts in the field of medical practice appointed by the commissioner
17.29of health.
17.30    The majority of the working group must be composed of members who have no
17.31current or past affiliation with the Board of Medical Practice. For purposes of this section,
17.32being licensed by the Board of Medical Practice does not constitute "affiliation."
17.33    (c) Compensation for working group members is subject to Minnesota Statutes,
17.34section 15.059, subdivision 3, and must be paid from the operating funds of the Board of
18.1Medical Practice. The costs incurred by the commissioner of health to convene and support
18.2the working group must be paid from the operating funds of the Board of Medical Practice.
18.3    (d) The working group must elect a chair from its members.
18.4    (e) Meetings of the working group shall be open to the public.
18.5    (f) No later than January 1, 2013, the commissioner shall submit the report of the
18.6working group and legislation modifying the practice act for consideration during the
18.72013 legislative session.
18.8(g) The working group expires the day following submission of the report.
18.9EFFECTIVE DATE.This section is effective the day following final enactment.

18.10    Sec. 34. BOARD OF MEDICAL PRACTICE REVIEW.
18.11    The legislative auditor is requested to conduct a special investigation of the
18.12Minnesota Board of Medical Practice and its implementation of the Medical Practice
18.13Act. The legislative auditor is requested to submit the results of the investigation to the
18.14Legislative Audit Commission, the Sunset Advisory Commission, and the chairs and
18.15ranking minority members of the senate and house of representatives policy committees
18.16having jurisdiction over the board by January 1, 2013.

18.17    Sec. 35. REPEALER.
18.18Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05;
18.19and 138A.06, are repealed effective the day following final enactment.

18.20ARTICLE 3

18.21TRANSFER OF COMBATIVE SPORTS DUTIES

18.22    Section 1. Minnesota Statutes 2010, section 341.21, is amended by adding a
18.23subdivision to read:
18.24    Subd. 3a. Commissioner. "Commissioner" means the commissioner of labor and
18.25industry.

18.26    Sec. 2. [341.221] ADVISORY COUNCIL.
18.27(a) The commissioner must appoint a Combative Sports Advisory Council to advise
18.28the commissioner on the administration of duties under this chapter.
18.29(b) The council shall have nine members appointed by the commissioner. One
18.30member must be a retired judge of the Minnesota District Court, Minnesota Court of
18.31Appeals, Minnesota Supreme Court, the United States District Court for the District of
18.32Minnesota, or the Eighth Circuit Court of Appeals. At least four members must have
19.1knowledge of the boxing industry. At least four members must have knowledge of the
19.2mixed martial arts industry. The commissioner shall make serious efforts to appoint
19.3qualified women to serve on the council.
19.4(c) Council members shall serve terms of four years with the terms ending on the
19.5first Monday in January.
19.6(d) The council shall annually elect from its membership a chair.
19.7(e) The commissioner shall convene the first meeting of the council by July 1, 2012.
19.8The council shall elect a chair at its first meeting. Thereafter, meetings shall be convened
19.9by the commissioner, or by the chair with the approval of the commissioner.
19.10(f) For the first appointments to the council, the commissioner shall appoint the
19.11members currently serving on the Combative Sports Commission established under
19.12section 341.22, to the council. The commissioner shall designate two of the members to
19.13serve until the first Monday in January 2013; two members to serve until the first Monday
19.14in January 2014; two members to serve until the first Monday in January 2015; and three
19.15members to serve until the first Monday in January 2016.
19.16(g) Removal of members, filling of vacancies, and compensation of members shall
19.17be as provided in section 15.059.

19.18    Sec. 3. Minnesota Statutes 2010, section 341.23, is amended to read:
19.19341.23 LIMITATIONS.
19.20    No member of the commission council may directly or indirectly promote a contest,
19.21directly or indirectly engage in the managing of a combatant, or have an interest in any
19.22manner in the proceeds from a combative sport contest.

19.23    Sec. 4. Minnesota Statutes 2010, section 341.27, is amended to read:
19.24341.27 COMMISSION COMMISSIONER DUTIES.
19.25    The commission commissioner shall:
19.26    (1) issue, deny, renew, suspend, or revoke licenses;
19.27    (2) make and maintain records of its acts and proceedings including the issuance,
19.28denial, renewal, suspension, or revocation of licenses;
19.29    (3) keep public records of the commission council open to inspection at all
19.30reasonable times;
19.31    (4) assist the director in the development of develop rules to be implemented under
19.32this chapter;
19.33    (5) conform to the rules adopted under this chapter;
19.34    (6) develop policies and procedures for regulating mixed martial arts; and
20.1    (7) immediately suspend an individual license for a medical condition, including but
20.2not limited to a medical condition resulting from an injury sustained during a match, bout,
20.3or contest that has been confirmed by the ringside physician. The medical suspension must
20.4be lifted after the commission receives written information from a physician licensed in
20.5the home state of the licensee indicating that the combatant may resume competition, and
20.6any other information that the commission may by rule require. Medical suspensions are
20.7not subject to section 214.10; and.
20.8    (8) evaluate the performance and compensation of the director, including eligibility
20.9for salary increases, in keeping with state procedures.

20.10    Sec. 5. Minnesota Statutes 2010, section 341.271, is amended to read:
20.11341.271 GIFT AUTHORITY.
20.12    The commission commissioner may apply for, receive, and expend in its own name
20.13grants and gifts of money consistent with the powers and duties specified in section
20.14341.27 . The commission commissioner may accept gifts, bequests, grants, payments
20.15for services, and other public and private money to help finance the activities of the
20.16commission required under this chapter.

20.17    Sec. 6. Minnesota Statutes 2010, section 341.28, subdivision 1, is amended to read:
20.18    Subdivision 1. Regulatory authority; combative sports. All combative sport
20.19contests are subject to this chapter. The commission shall, for every combative sport
20.20contest:
20.21    (1) direct a commission member to be present; and
20.22    (2) direct the attending commission member to make a written report of the contest.
20.23    All combative sport contests within this state must be conducted according to the
20.24requirements of this chapter.

20.25    Sec. 7. Minnesota Statutes 2010, section 341.37, is amended to read:
20.26341.37 APPROPRIATION.
20.27    A commission combative sports account is created in the special revenue fund.
20.28Money in the account is annually appropriated to the commission commissioner for the
20.29purposes of conducting its statutory responsibilities and obligations under this chapter.

20.30    Sec. 8. TRANSFER OF DUTIES.
20.31The Combative Sports Commission is abolished. Duties of the commission are
20.32transferred to the commissioner of labor and industry. Minnesota Statutes, section 15.039,
21.1subdivisions 1 to 6, apply to this transfer. The commissioner of labor and industry may
21.2provide that one or more staff of the Combative Sports Commission transfer to the
21.3Department of Labor and Industry. No money from the general fund may be used for costs
21.4associated with the transfer of functions in this article. The commissioner of labor and
21.5industry may charge the combative sports account for indirect costs incurred in other
21.6accounts or funds for costs associated with transfer of combative sports functions.

21.7    Sec. 9. REVISOR'S INSTRUCTION.
21.8The revisor of statutes shall substitute the term "commissioner" for "commission" in
21.9each place the term "commission" appears in Minnesota Statutes, chapter 341.

21.10    Sec. 10. REPEALER.
21.11Minnesota Statutes 2010, sections 341.21, subdivisions 3 and 4a; 341.22; 341.24;
21.12and 341.26, are repealed.

21.13    Sec. 11. EFFECTIVE DATE.
21.14This article is effective July 1, 2012.

21.15ARTICLE 4

21.16HEALTH BOARDS

21.17    Section 1. Minnesota Statutes 2010, section 214.09, is amended by adding a
21.18subdivision to read:
21.19    Subd. 5. Health-related boards. No current member of a health-related licensing
21.20board may seek a paid employment position with that board.

21.21    Sec. 2. Minnesota Statutes 2010, section 214.103, is amended to read:
21.22214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
21.23INVESTIGATION, AND HEARING.
21.24    Subdivision 1. Application. For purposes of this section, "board" means
21.25"health-related licensing board" and does not include the non-health-related licensing
21.26boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as
21.27they apply to the health-related licensing boards.
21.28    Subd. 1a. Notifications and resolution. (a) No more than 14 calendar days after
21.29receiving a complaint regarding a licensee, the board shall notify the complainant that
21.30the board has received the complaint and shall provide the complainant with the written
21.31description of the board's complaint process. The board shall periodically, but no less
22.1than every 120 days, notify the complainant of the status of the complaint consistent
22.2with section 13.41.
22.3(b) Except as provided in paragraph (d), no more than 60 calendar days after
22.4receiving a complaint regarding a licensee, the board must notify the licensee that the
22.5board has received a complaint and inform the licensee of:
22.6(1) the substance of the complaint;
22.7(2) the sections of the law that have allegedly been violated;
22.8(3) the sections of the professional rules that have allegedly been violated; and
22.9(4) whether an investigation is being conducted.
22.10(c) The board shall periodically, but no less than every 120 days, notify the licensee
22.11of the status of the complaint consistent with section 13.41.
22.12(d) Paragraphs (b) and (c) do not apply if the board determines that such notice
22.13would compromise the board's investigation and that such notice cannot reasonably be
22.14accomplished within this time.
22.15(e) No more than one year after receiving a complaint regarding a licensee, the
22.16board must resolve or dismiss the complaint unless the board determines that resolving or
22.17dismissing the complaint cannot reasonably be accomplished in this time and is not in
22.18the public interest.
22.19(f) Failure to make notifications or to resolve the complaint within the time
22.20established in this subdivision shall not deprive the board of jurisdiction to complete the
22.21investigation or to take corrective, disciplinary, or other action against the licensee that is
22.22authorized by law. Such a failure by the board shall not be the basis for a licensee's request
22.23for the board to dismiss a complaint, and shall not be considered by an administrative law
22.24judge, the board, or any reviewing court.
22.25    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
22.26or other communications, whether oral or written, against regulated persons. Before
22.27resolving an oral complaint, the executive director or a board member designated by the
22.28board to review complaints may shall require the complainant to state the complaint in
22.29writing or authorize transcribing the complaint. The executive director or the designated
22.30board member shall determine whether the complaint alleges or implies a violation of
22.31a statute or rule which the board is empowered to enforce. The executive director or
22.32the designated board member may consult with the designee of the attorney general as
22.33to a board's jurisdiction over a complaint. If the executive director or the designated
22.34board member determines that it is necessary, the executive director may seek additional
22.35information to determine whether the complaint is jurisdictional or to clarify the nature
22.36of the allegations by obtaining records or other written material, obtaining a handwriting
23.1sample from the regulated person, clarifying the alleged facts with the complainant, and
23.2requesting a written response from the subject of the complaint.
23.3    Subd. 3. Referral to other agencies. The executive director shall forward to
23.4another governmental agency any complaints received by the board which do not relate
23.5to the board's jurisdiction but which relate to matters within the jurisdiction of another
23.6governmental agency. The agency shall advise the executive director of the disposition
23.7of the complaint. A complaint or other information received by another governmental
23.8agency relating to a statute or rule which a board is empowered to enforce must be
23.9forwarded to the executive director of the board to be processed in accordance with this
23.10section. Governmental agencies may coordinate and conduct joint investigations of
23.11complaints that involve more than one governmental agency.
23.12    Subd. 4. Role of the attorney general. The executive director or the designated
23.13board member shall forward a complaint and any additional information to the designee
23.14of the attorney general when the executive director or the designated board member
23.15determines that a complaint is jurisdictional and:
23.16(1) requires investigation before the executive director or the designated board
23.17member may resolve the complaint;
23.18(2) that attempts at resolution for disciplinary action or the initiation of a contested
23.19case hearing is appropriate;
23.20(3) that an agreement for corrective action is warranted; or
23.21(4) that the complaint should be dismissed, consistent with subdivision 8.
23.22    Subd. 5. Investigation by attorney general. (a) If the executive director or the
23.23designated board member determines that investigation is necessary before resolving
23.24the complaint, the executive director shall forward the complaint and any additional
23.25information to the designee of the attorney general. The designee of the attorney general
23.26shall evaluate the communications forwarded and investigate as appropriate.
23.27(b) The designee of the attorney general may also investigate any other complaint
23.28forwarded under subdivision 3 when the designee of the attorney general determines that
23.29investigation is necessary.
23.30(c) In the process of evaluation and investigation, the designee shall consult with
23.31or seek the assistance of the executive director or the designated board member. The
23.32designee may also consult with or seek the assistance of other qualified persons who are
23.33not members of the board who the designee believes will materially aid in the process of
23.34evaluation or investigation.
24.1(d) Upon completion of the investigation, the designee shall forward the investigative
24.2report to the executive director with recommendations for further consideration or
24.3dismissal.
24.4    Subd. 6. Attempts at resolution. (a) At any time after receipt of a complaint, the
24.5executive director or the designated board member may attempt to resolve the complaint
24.6with the regulated person. The available means for resolution include a conference or
24.7any other written or oral communication with the regulated person. A conference may
24.8be held for the purposes of investigation, negotiation, education, or conciliation. Neither
24.9the executive director nor any member of a board's staff shall be a voting member in any
24.10attempts at resolutions which may result in disciplinary or corrective action. The results
24.11of attempts at resolution with the regulated person may include a recommendation to
24.12the board for disciplinary action, an agreement between the executive director or the
24.13designated board member and the regulated person for corrective action, or the dismissal
24.14of a complaint. If attempts at resolution are not in the public interest or are not satisfactory
24.15to the executive director or the designated board member, then the executive director or
24.16the designated board member may initiate a contested case hearing may be initiated.
24.17(1) The designee of the attorney general shall represent the board in all attempts at
24.18resolution which the executive director or the designated board member anticipate may
24.19result in disciplinary action. A stipulation between the executive director or the designated
24.20board member and the regulated person shall be presented to the board for the board's
24.21consideration. An approved stipulation and resulting order shall become public data.
24.22(2) The designee of the attorney general shall represent the board upon the request of
24.23the executive director or the designated board member in all attempts at resolution which
24.24the executive director or the designated board member anticipate may result in corrective
24.25action. Any agreement between the executive director or the designated board member
24.26and the regulated person for corrective action shall be in writing and shall be reviewed by
24.27the designee of the attorney general prior to its execution. The agreement for corrective
24.28action shall provide for dismissal of the complaint upon successful completion by the
24.29regulated person of the corrective action.
24.30(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
24.31client, the board must forward the complaint to the designee of the attorney general for
24.32an investigation. If, after it is investigated, the complaint appears to provide a basis for
24.33disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
24.34a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
24.35corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
25.1client unless, in the opinion of the executive director, the designated board member, and the
25.2designee of the attorney general, there is insufficient evidence to justify disciplinary action.
25.3    Subd. 7. Contested case hearing. If the executive director or the designated board
25.4member determines that attempts at resolution of a complaint are not in the public interest
25.5or are not satisfactory to the executive director or the designated board member, the
25.6executive director or the designated board member, after consultation with the designee
25.7of the attorney general, and the concurrence of a second board member, may initiate a
25.8contested case hearing under chapter 14. The designated board member or any board
25.9member who was consulted during the course of an investigation may participate at the
25.10contested case hearing. A designated or consulted board member may not deliberate or
25.11vote in any proceeding before the board pertaining to the case.
25.12    Subd. 8. Dismissal and reopening of a complaint. (a) A complaint may not be
25.13dismissed without the concurrence of at least two board members and, upon the request
25.14of the complainant, a review by a representative of the attorney general's office. The
25.15designee of the attorney general must review before dismissal any complaints which
25.16allege any violation of chapter 609, any conduct which would be required to be reported
25.17under section 626.556 or 626.557, any sexual contact or sexual conduct with a client,
25.18any violation of a federal law, any actual or potential inability to practice the regulated
25.19profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
25.20materials, or as a result of any mental or physical condition, any violation of state medical
25.21assistance laws, or any disciplinary action related to credentialing in another jurisdiction
25.22or country which was based on the same or related conduct specified in this subdivision.
25.23(b) The board may reopen a dismissed complaint if the board receives newly
25.24discovered information that was not available to the board during the initial investigation
25.25of the complaint, or if the board receives a new complaint that indicates a pattern of
25.26behavior or conduct.
25.27    Subd. 9. Information to complainant. A board shall furnish to a person who made
25.28a complaint a written description of the board's complaint process, and actions of the
25.29board relating to the complaint.
25.30    Subd. 10. Prohibited participation by board member. A board member who
25.31has actual bias or a current or former direct financial or professional connection with a
25.32regulated person may not vote in board actions relating to the regulated person.

25.33    Sec. 3. [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE
25.34GUIDANCE.
26.1A health-related licensing board may offer guidance to current licensees about the
26.2application of laws and rules the board is empowered to enforce. This guidance shall not
26.3bind any court or other adjudicatory body.

26.4    Sec. 4. [214.109] RECORD KEEPING.
26.5(a) A board may take administrative action against a regulated person whose records
26.6do not meet the standards of professional practice. Action taken under this paragraph
26.7shall not be considered disciplinary action.
26.8(b) Records that are fraudulent or could result in patient harm may be handled
26.9through disciplinary or other corrective action.

26.10ARTICLE 5

26.11APPROPRIATIONS

26.12				APPROPRIATIONS
26.13				Available for the Year
26.14				Ending June 30
26.15					2012		2013

26.16 26.17

Section 1. LEGISLATIVE COORDINATING COMMISSION

$

-0-

$

106,000

26.18This appropriation is from the general
26.19fund for staff services or professional
26.20contract services for the Sunset Advisory
26.21Commission.
26.22The general fund base as established in
26.23Laws 2011, First Special Session chapter 10,
26.24article 1, section 2, is increased by $139,000
26.25beginning in fiscal year 2014.

26.26 26.27

Sec. 2. BOARD OF BEHAVIORAL HEALTH AND THERAPY

$

-0-

$

14,000

26.28This appropriation is from the state
26.29government special revenue fund.
26.30$12,000 is to develop and maintain a
26.31process to post required information about
26.32convictions, malpractice, and disciplinary or
27.1corrective action for the board's members.
27.2This is a onetime appropriation.
27.3$1,000 is for database and Web site changes
27.4to include business addresses. This is a
27.5onetime appropriation.
27.6$1,000 is for notification requirements
27.7regarding the status of complaints.
27.8The state government special revenue fund
27.9base for ongoing activities in this act is
27.10$1,000 in fiscal years 2014 and 2015.

27.11 27.12

Sec. 3. BOARD OF CHIROPRACTIC EXAMINERS

$

-0-

$

14,000

27.13This appropriation is from the state
27.14government special revenue fund.
27.15$12,000 is to develop and maintain a
27.16process to post required information about
27.17convictions, malpractice, and disciplinary or
27.18corrective action for the board's members.
27.19This is a onetime appropriation.
27.20$1,000 is for database and Web site changes
27.21to include business addresses. This is a
27.22onetime appropriation.
27.23$1,000 is for notification requirements
27.24regarding the status of complaints.
27.25The state government special revenue fund
27.26base for ongoing activities in this act is
27.27$1,000 in fiscal years 2014 and 2015.

27.28

Sec. 4. BOARD OF DENTISTRY

$

-0-

$

32,000

27.29This appropriation is from the state
27.30government special revenue fund.
27.31$30,000 is to develop and maintain a
27.32process to post required information about
28.1convictions, malpractice, and disciplinary or
28.2corrective action for the board's members.
28.3This is a onetime appropriation.
28.4$1,000 is for database and Web site changes
28.5to include business addresses. This is a
28.6onetime appropriation.
28.7$1,000 is for notification requirements
28.8regarding the status of complaints.
28.9The state government special revenue fund
28.10base for ongoing activities in this act is
28.11$1,000 in fiscal years 2014 and 2015.

28.12 28.13

Sec. 5. BOARD OF DIETETICS AND NUTRITION PRACTICE

$

-0-

$

10,000

28.14This appropriation is from the state
28.15government special revenue fund.
28.16$8,000 is to develop and maintain a process to
28.17post required information about convictions,
28.18malpractice, and disciplinary or corrective
28.19action for the board's members. This is a
28.20onetime appropriation.
28.21$1,000 is for database and Web site changes
28.22to include business addresses. This is a
28.23onetime appropriation.
28.24$1,000 is for notification requirements
28.25regarding the status of complaints.
28.26The state government special revenue fund
28.27base for ongoing activities in this act is
28.28$1,000 in fiscal years 2014 and 2015.

28.29 28.30

Sec. 6. BOARD OF MARRIAGE AND FAMILY THERAPY

$

-0-

$

10,000

28.31This appropriation is from the state
28.32government special revenue fund.
29.1$8,000 is to develop and maintain a process to
29.2post required information about convictions,
29.3malpractice, and disciplinary or corrective
29.4action for the board's members. This is a
29.5onetime appropriation.
29.6$1,000 is for database and Web site changes
29.7to include business addresses. This is a
29.8onetime appropriation.
29.9$1,000 is for notification requirements
29.10regarding the status of complaints.
29.11The state government special revenue fund
29.12base for ongoing activities in this act is
29.13$1,000 in fiscal years 2014 and 2015.

29.14

Sec. 7. BOARD OF MEDICAL PRACTICE

$

-0-

$

198,000

29.15This appropriation is from the state
29.16government special revenue fund.
29.17$112,000 is for transfer to the commissioner
29.18of health to convene and support the working
29.19group evaluating the state's Medical Practice
29.20Act. This is a onetime appropriation.
29.21$9,000 is for board expenses related to
29.22the working group evaluating the Medical
29.23Practice Act. This is a onetime appropriation.
29.24$30,000 is to develop and maintain a
29.25process to post required information about
29.26convictions, malpractice, and disciplinary or
29.27corrective action for the board's members.
29.28This is a onetime appropriation.
29.29$1,000 is for database and Web site changes
29.30to include business addresses. This is a
29.31onetime appropriation.
30.1$1,000 is for notification requirements
30.2regarding the status of complaints.
30.3$45,000 is for transfer to the Office of
30.4the Legislative Auditor to conduct an
30.5investigation of the Board of Medical
30.6Practice.
30.7The state government special revenue fund
30.8base for ongoing activities in this act is
30.9$1,000 in fiscal years 2014 and 2015.

30.10

Sec. 8. BOARD OF NURSING

$

-0-

$

123,000

30.11This appropriation is from the state
30.12government special revenue fund.
30.13$30,000 is to develop and maintain a
30.14process to post required information about
30.15convictions, malpractice, and disciplinary or
30.16corrective action for the board's members.
30.17This is a onetime appropriation.
30.18$1,000 is for database and Web site changes
30.19to include business addresses. This is a
30.20onetime appropriation.
30.21$92,000 is for notification requirements
30.22regarding the status of complaints.
30.23The state government special revenue fund
30.24base for ongoing activities in this act is
30.25$92,000 in fiscal years 2014 and 2015.

30.26 30.27

Sec. 9. BOARD OF NURSING HOME ADMINISTRATORS

$

-0-

$

100,000

30.28This appropriation is from the state
30.29government special revenue fund.
30.30$50,000 is for the administrative services
30.31unit for a study to make recommendations
30.32for establishing uniform criminal history
31.1background check requirements for
31.2individuals regulated by the health-related
31.3boards. This is a onetime appropriation.
31.4$15,000 is for the administrative services
31.5unit to study and submit proposed legislation
31.6to require institutions, professional societies,
31.7licensed professionals, insurers and other
31.8entities, and courts to report conduct
31.9constituting grounds for disciplinary action
31.10to the respective regulatory entity. This is a
31.11onetime appropriation.
31.12$15,000 is for the administrative services
31.13unit to review and submit to the legislature
31.14recommendations on the respective roles of
31.15the health-related boards and the attorney
31.16general in conducting investigations of
31.17licensees of the health-related boards. This is
31.18a onetime appropriation.
31.19$10,000 is for the administrative services
31.20unit to evaluate the use of its services by
31.21the health-related boards. This is a onetime
31.22appropriation.
31.23$8,000 is to develop and maintain a process to
31.24post required information about convictions,
31.25malpractice, and disciplinary or corrective
31.26action for the board's members. This is a
31.27onetime appropriation.
31.28$1,000 is for database and Web site changes
31.29to include business addresses. This is a
31.30onetime appropriation.
31.31$1,000 is for notification requirements
31.32regarding the status of complaints.
32.1The state government special revenue fund
32.2base for ongoing activities in this act is
32.3$1,000 in fiscal years 2014 and 2015.

32.4

Sec. 10. BOARD OF OPTOMETRY

$

-0-

$

10,000

32.5This appropriation is from the state
32.6government special revenue fund.
32.7$8,000 is to develop and maintain a process to
32.8post required information about convictions,
32.9malpractice, and disciplinary or corrective
32.10action for the board's members. This is a
32.11onetime appropriation.
32.12$1,000 is for database and Web site changes
32.13to include business addresses. This is a
32.14onetime appropriation.
32.15$1,000 is for notification requirements
32.16regarding the status of complaints.
32.17The state government special revenue fund
32.18base for ongoing activities in this act is
32.19$1,000 in fiscal years 2014 and 2015.

32.20

Sec. 11. BOARD OF PHARMACY

$

-0-

$

32,000

32.21$30,000 is to develop and maintain a
32.22process to post required information about
32.23convictions, malpractice, and disciplinary or
32.24corrective action for the board's members.
32.25This is a onetime appropriation.
32.26$1,000 is for database and Web site changes
32.27to include business addresses. This is a
32.28onetime appropriation.
32.29$1,000 is for notification requirements
32.30regarding the status of complaints.
33.1The state government special revenue fund
33.2base for ongoing activities in this act is
33.3$1,000 in fiscal years 2014 and 2015.

33.4

Sec. 12. BOARD OF PHYSICAL THERAPY

$

-0-

$

10,000

33.5This appropriation is from the state
33.6government special revenue fund.
33.7$8,000 is to develop and maintain a process to
33.8post required information about convictions,
33.9malpractice, and disciplinary or corrective
33.10action for the board's members. This is a
33.11onetime appropriation.
33.12$1,000 is for database and Web site changes
33.13to include business addresses. This is a
33.14onetime appropriation.
33.15$1,000 is for notification requirements
33.16regarding the status of complaints.
33.17The state government special revenue fund
33.18base for ongoing activities in this act is
33.19$1,000 in fiscal years 2014 and 2015.

33.20

Sec. 13. BOARD OF PODIATRIC MEDICINE

$

-0-

$

10,000

33.21This appropriation is from the state
33.22government special revenue fund.
33.23$8,000 is to develop and maintain a process to
33.24post required information about convictions,
33.25malpractice, and disciplinary or corrective
33.26action for the board's members. This is a
33.27onetime appropriation.
33.28$1,000 is for database and Web site changes
33.29to include business addresses. This is a
33.30onetime appropriation.
33.31$1,000 is for notification requirements
33.32regarding the status of complaints.
34.1The state government special revenue fund
34.2base for ongoing activities in this act is
34.3$1,000 in fiscal years 2014 and 2015.

34.4

Sec. 14. BOARD OF PSYCHOLOGY

$

-0-

$

29,000

34.5$27,000 is to develop and maintain a
34.6process to post required information about
34.7convictions, malpractice, and disciplinary or
34.8corrective action for the board's members.
34.9This is a onetime appropriation.
34.10$1,000 is for database and Web site changes
34.11to include business addresses. This is a
34.12onetime appropriation.
34.13$1,000 is for notification requirements
34.14regarding the status of complaints.
34.15The state government special revenue fund
34.16base for ongoing activities in this act is
34.17$1,000 in fiscal years 2014 and 2015.

34.18

Sec. 15. BOARD OF SOCIAL WORK

$

-0-

$

14,000

34.19This appropriation is from the state
34.20government special revenue fund.
34.21$12,000 is to develop and maintain a
34.22process to post required information about
34.23convictions, malpractice, and disciplinary or
34.24corrective action for the board's members.
34.25This is a onetime appropriation.
34.26$1,000 is for database and Web site changes
34.27to include business addresses. This is a
34.28onetime appropriation.
34.29$1,000 is for notification requirements
34.30regarding the status of complaints.
35.1The state government special revenue fund
35.2base for ongoing activities in this act is
35.3$1,000 in fiscal years 2014 and 2015.

35.4 35.5

Sec. 16. BOARD OF VETERINARY MEDICINE

$

-0-

$

10,000

35.6This appropriation is from the state
35.7government special revenue fund.
35.8$8,000 is to develop and maintain a process to
35.9post required information about convictions,
35.10malpractice, and disciplinary or corrective
35.11action for the board's members. This is a
35.12onetime appropriation.
35.13$1,000 is for database and Web site changes
35.14to include business addresses. This is a
35.15onetime appropriation.
35.16$1,000 is for notification requirements
35.17regarding the status of complaints.
35.18The state government special revenue fund
35.19base for ongoing activities in this act is
35.20$1,000 in fiscal years 2014 and 2015."
35.21Delete the title and insert:

35.22"A bill for an act

35.23relating to state government; implementing changes to the sunset review
35.24process and permitting the Sunset Advisory Commission to enter into contracts;
35.25requiring a review of the Emergency Medical Services Regulatory Board,
35.26Council on Affairs of Chicano/Latino People, Council on Black Minnesotans,
35.27Council on Asian-Pacific Minnesotans, Indian Affairs Council, and the Council
35.28on Disabilities in 2014; requiring a financial audit of the Council on Black
35.29Minnesotans; requiring a review of the sunset process in 2018; changing
35.30certain agency requirements; requiring posting of convictions of felonies, gross
35.31misdemeanors, malpractice judgements, and disciplinary or corrective actions for
35.32a regulated practitioner; requiring a study to establish uniform criminal history
35.33background checks for regulated practitioners; requiring a report on conduct
35.34constituting grounds for discipline and penalties for failure to report; establishing
35.35a work group to evaluate the effectiveness of the Medical Practice Act for certain
35.36circumstances; requiring certain other reports; requesting a legislative audit of
35.37the Board of Medical Practice; abolishing the Combative Sports Commission and
35.38transferring combative sports duties to the commissioner of labor and industry;
35.39establishing a Combative Sports Advisory Council; changing provisions for
35.40health-related licensing boards; appropriating money;amending Minnesota
35.41Statutes 2010, sections 3.922, by adding a subdivision; 3.9223, subdivision 7;
35.423.9225, subdivision 7; 3.9226, subdivision 7; 147.01, subdivision 4; 147.111, by
36.1adding a subdivision; 148.102, by adding a subdivision; 148.261, subdivision 1;
36.2148.263, by adding a subdivision; 148.5194, subdivision 5; 148.6445, subdivision
36.310; 148B.07, by adding a subdivision; 148C.095, by adding a subdivision;
36.4148E.285, by adding a subdivision; 150A.13, by adding a subdivision; 153.24,
36.5by adding a subdivision; 153A.17; 214.06, subdivisions 1, 1a, by adding a
36.6subdivision; 214.09, by adding a subdivision; 214.103; 341.21, by adding a
36.7subdivision; 341.23; 341.27; 341.271; 341.28, subdivision 1; 341.37; Minnesota
36.8Statutes 2011 Supplement, sections 3D.04; 3D.06; 3D.21, subdivisions 2, 4;
36.9proposing coding for new law in Minnesota Statutes, chapters 3D; 16B; 214;
36.10341; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03;
36.11138A.04; 138A.05; 138A.06; 341.21, subdivisions 3, 4a; 341.22; 341.24; 341.26;
36.12Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1."

37.1	We request the adoption of this report and repassage of the bill.
37.2	House Conferees:
37.3	.....		.....
37.4	Mary Kiffmeyer		Joyce Peppin
37.5	.....
37.6	Michael V. Nelson
37.7	Senate Conferees:
37.8	.....		.....
37.9	Terri E. Bonoff		Theodore J. "Ted" Daley
37.10	.....
37.11	Mike Parry