1997 Minnesota Statutes

     144E.30 Penalties; disciplinary action. 

    Subdivision 1.    Suspension; revocation; nonrenewal.  
 The board may initiate a contested case hearing upon reasonable 
 notice to suspend, revoke, refuse to renew, or place conditions 
 on the license of a licensee upon finding that the licensee has 
 violated a provision of this chapter or rules adopted under this 
 chapter, or has ceased to provide the service for which the 
 licensee is licensed.  The board may initiate a contested case 
 hearing upon reasonable notice to suspend, revoke, refuse to 
 renew, or place conditions on the credential of a person 
 credentialed by the board upon finding that the person 
 credentialed by the board has violated sections 144E.06 to 
 144E.30 or rules adopted thereunder.  The board may also 
 initiate a contested case hearing upon reasonable notice to 
 suspend, revoke, refuse to renew, or place conditions on a 
 training program approved by the board upon finding that the 
 training program has violated sections 144E.06 to 144E.30, or 
 rules adopted thereunder.  

    Subd. 2.    Temporary suspension.  (a) In addition to 
 any other remedy provided by law, the board may temporarily 
 suspend the license of a licensee, credential of a person, or 
 approval of a training program after conducting a preliminary 
 inquiry to determine if the board believes that the licensee, 
 person, or training program has violated a statute or rule that 
 the board is empowered to enforce and that the continued 
 provision of service by the licensee, person, or training 
 program would create an imminent risk to public health or harm 
 to others. 

    (b) The order prohibiting the licensee, person credentialed 
 by the board, or training program approved by the board from 
 providing ambulance service, medical care, or training shall 
 give notice of the right to a hearing pursuant to this 
 subdivision and shall state the reasons for the entry of the 
 order. 

    (c) Service of the order is effective when the order is 
 served on the licensee, person credentialed by the board, or 
 representative of the training program personally or by 
 certified mail, which is complete upon receipt, refusal, or 
 return for nondelivery to the most recent address provided to 
 the board for the licensee, person, or training program. 

    (d) At the time the board issues a temporary suspension 
 order, the board shall schedule a hearing to be held before a 
 group of its members designated by the board which shall begin 
 no later than 60 days after issuance of the temporary suspension 
 order or within 15 working days of the date of the board's 
 receipt of a request for hearing by a licensee, person 
 credentialed by the board, or training program approved by the 
 board on the sole issue of whether there is a reasonable basis 
 to continue, modify, or lift the temporary suspension.  This 
 hearing is not subject to chapter 14.  Evidence presented by the 
 board, licensee, person credentialed by the board, or training 
 program approved by the board must be in the form of an 
 affidavit.  The licensee, the person credentialed by the board, 
 a representative of the training program, or a counsel of record 
 may appear for oral argument. 

    (e) Within five working days of the hearing, the board 
 shall issue its order and, if the suspension is continued, 
 schedule a contested case hearing within 30 days of the issuance 
 of the order.  The administrative law judge shall issue a report 
 and recommendation within 30 days after the closing of the 
 contested case hearing record.  The board shall issue a final 
 order within 30 days after receipt of the administrative law 
 judge's report. 

    Subd. 3.    Cooperation during investigation.  A 
 licensee, person credentialed by the board, training program 
 approved by the board, or agent of one who is the subject of an 
 investigation or who is questioned in connection with an 
 investigation by or on behalf of the board shall cooperate fully 
 with the investigation.  Cooperation includes responding fully 
 and promptly to any question raised by or on behalf of the board 
 relating to the subject of the investigation, executing all 
 releases requested by the board, providing copies of ambulance 
 service records, as reasonably requested by the board to assist 
 it in its investigation, and appearing at conferences or 
 hearings scheduled by the board.  The board shall pay reasonable 
 costs for copies requested. 

    Subd. 4.    Injunctive relief.  In addition to any other 
 remedy provided by law, the board may bring an action for 
 injunctive relief in the district court in Hennepin county or, 
 at the board's discretion, in the district court in the county 
 in which a violation of any statute, rule, or order that the 
 board is empowered to enforce or issue, has occurred, to enjoin 
 the violation. 

    Subd. 5.    Subpoena power.  The board may, as part of 
 an investigation to determine whether a serious public health 
 threat exists, issue subpoenas to require the attendance and 
 testimony of witnesses and production of books, records, 
 correspondence, and other information relevant to any matter 
 involved in the investigation.  The board or the board's 
 designee may administer oaths to witnesses or take their 
 affirmation.  The subpoenas may be served upon any person named 
 therein anywhere in the state by any person authorized to serve 
 subpoenas or other processes in civil actions of the district 
 courts.  If a person to whom a subpoena is issued does not 
 comply with the subpoena, the board may apply to the district 
 court in any district and the court shall order the person to 
 comply with the subpoena.  Failure to obey the order of the 
 court may be punished by the court as contempt of court.  No 
 person may be compelled to disclose privileged information as 
 described in section 595.02, subdivision 1.  All information 
 pertaining to individual medical records obtained under this 
 section shall be considered health data under section 13.38.  
 All other information is considered public data unless otherwise 
 protected under the Minnesota Data Practices Act or other 
 specific law.  The fees for the service of a subpoena must be 
 paid in the same manner as prescribed by law for service of 
 process used out of a district court.  Subpoenaed witnesses must 
 receive the same fees and mileage as in civil actions. 

    Subd. 6.    Penalties.  Any person who violates a 
 provision of sections 144E.06 to 144E.30 is guilty of a 
 misdemeanor.  The board may issue fines to ensure compliance 
 with sections 144E.06 to 144E.30 and rules adopted thereunder.  
 The board shall adopt rules to implement a schedule of fines. 

    HIST: 1997 c 199 s 12