2003 Minnesota Statutes

     148C.091 Disciplinary actions. 

    Subdivision 1.    Forms of disciplinary action.  When 
 the commissioner finds that an applicant or a licensed alcohol 
 and drug counselor has violated a provision or provisions of 
 sections 148C.01 to 148C.11, or rules promulgated under this 
 chapter, the commissioner may take one or more of the following 
 actions: 

    (1) refuse to grant a license; 

    (2) revoke the license; 

    (3) suspend the license; 

    (4) impose limitations or conditions; 

    (5) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive the counselor of any economic advantage gained 
 by reason of the violation charged or to reimburse the 
 commissioner for all costs of the investigation and proceeding; 
 including, but not limited to, the amount paid by the 
 commissioner for services from the Office of Administrative 
 Hearings, attorney fees, court reports, witnesses, reproduction 
 of records, advisory council members' per diem compensation, 
 staff time, and expense incurred by advisory council members and 
 staff of the department; 

    (6) order the counselor to provide uncompensated 
 professional service under supervision at a designated public 
 hospital, clinic, or other health care institution; 

    (7) censure or reprimand the counselor; or 

    (8) any other action justified by the case. 

    Subd. 2.    Discovery; subpoenas.  In all matters 
 relating to the commissioner's investigation and enforcement 
 activities related to alcohol and drug counselors, the 
 commissioner of health may issue subpoenas and compel the 
 attendance of witnesses and the production of all necessary 
 papers, books, records, documents, and other evidentiary 
 materials.  Any person failing or refusing to appear or testify 
 regarding any matter about which the person may be lawfully 
 questioned or failing to produce any papers, books, records, 
 documents, or other evidentiary materials in the matter to be 
 heard, after having been required by order of the commissioner 
 or by a subpoena of the commissioner to do so may, upon 
 application by the commissioner to the district court in any 
 district, be ordered to comply with the order or subpoena.  The 
 commissioner may administer oaths to witnesses or take their 
 affirmation.  Depositions may be taken within or without the 
 state in the manner provided by law for the taking of 
 depositions in civil actions.  A subpoena or other process or 
 paper may be served upon a person it names anywhere within the 
 state by any officer authorized to serve subpoenas or other 
 process or paper in civil actions in the same manner as 
 prescribed by law for service of process issued out of the 
 district court of this state. 

    Subd. 3.    Temporary suspension.  In addition to any 
 other remedy provided by law, the commissioner may, without a 
 hearing, temporarily suspend the right of an alcohol and drug 
 counselor to practice if the commissioner finds that the 
 counselor has violated a statute or rule that the commissioner 
 has authority to enforce and that continued practice by the 
 practitioner would create a serious risk of harm to others.  The 
 suspension takes effect upon service of a written order on the 
 practitioner specifying the statute or rule violated.  The order 
 remains in effect until the commissioner issues a final order in 
 the matter after a hearing or upon agreement between the 
 commissioner and the counselor.  Service of the order is 
 effective if the order is served on the counselor or the 
 counselor's attorney either personally or by first class mail.  
 Within ten days of service of the order, the commissioner shall 
 hold a hearing on the sole issue of whether there is a 
 reasonable basis to continue, modify, or lift the suspension.  
 Evidence presented by the commissioner or counselor must be by 
 affidavit only.  The counselor or the counselor's attorney of 
 record may appear for oral argument.  Within five working days 
 after the hearing, the commissioner shall issue an order and, if 
 the suspension is continued, schedule a contested case hearing 
 within 45 days after issuance of the order.  The administrative 
 law judge shall issue a report within 30 days after closing of 
 the contested case hearing record.  The commissioner shall issue 
 a final order within 30 days after receipt of that report, the 
 hearing record, and any exceptions to the report filed by the 
 parties. 

    Subd. 4.    Automatic suspension.  The right to practice 
 is automatically suspended if (1) a guardian of an alcohol and 
 drug counselor is appointed by order of a district court under 
 sections 525.54 to 525.61, or (2) the counselor is committed by 
 order of a district court under chapter 253B.  The right to 
 practice remains suspended until the counselor is restored to 
 capacity by a court and, upon petition by the counselor, the 
 suspension is terminated by the commissioner after a hearing or 
 upon agreement between the commissioner and the counselor. 

    HIST: 1995 c 164 s 18; 1995 c 189 s 8; 1996 c 277 s 1