2001 Minnesota Statutes

     153.21 Mental examination; access to medical data. 

    Subdivision 1.    Submission to examination.  If the 
 board has probable cause to believe that a doctor of podiatric 
 medicine falls within the provisions of section 153.19, 
 subdivision 1, clause (12), it may direct the doctor to submit 
 to a mental or physical examination or chemical dependency 
 evaluation.  For the purpose of this subdivision, a doctor of 
 podiatric medicine licensed under this chapter is considered to 
 have consented to submit to a mental or physical examination 
 when directed in writing by the board and further to have waived 
 all objections to the admissibility of the examiner's testimony 
 or examination reports on the ground that the same constitute a 
 privileged communication.  Failure of a podiatrist to submit to 
 an examination when directed constitutes an admission of the 
 allegations against the podiatrist, unless the failure was due 
 to circumstance beyond the podiatrist's control, in which case a 
 default and final order may be entered without the taking of 
 testimony or presentation of evidence.  A podiatrist affected 
 under this subdivision shall at reasonable intervals be given an 
 opportunity to demonstrate that the podiatrist can resume the 
 competent practice of podiatric medicine with reasonable skill 
 and safety to patients.  In any proceeding under this 
 subdivision, neither the record of proceedings nor the orders 
 entered by the board shall be used against a podiatrist in any 
 other proceeding.  

    Subd. 2.    Access to medical data.  In addition to 
 ordering a physical or mental examination or chemical dependency 
 evaluation, the board may, notwithstanding section 13.384, 
 144.651, or any other law limiting access to medical or other 
 health data, obtain medical data and health records relating to 
 a licensee or applicant without the licensee's or applicant's 
 consent if the board has probable cause to believe that a doctor 
 of podiatric medicine falls within the provisions of section 
 153.19, subdivision 1, clause (12).  The medical data may be 
 requested from a provider, as defined in section 144.335, 
 subdivision 1, paragraph (b), an insurance company, or a 
 government agency, including the department of human services.  
 A provider, insurance company, or government agency shall comply 
 with any written request of the board under this section and is 
 not liable in any action for damages for releasing the data 
 requested by the board if the data are released in accordance 
 with a written request under this section, unless the 
 information is false and the provider giving the information 
 knew, or had reason to believe, the information was false. 

    HIST: 1987 c 108 s 10; 1999 c 227 s 22