2004 Minnesota Statutes

     148B.283 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct by an applicant or a licensee which 
 may constitute grounds for disciplinary action under this 
 chapter or the rules of the board or of any unlicensed practice 
 under this chapter may report the violation to the board.  

    Subd. 2.    Institutions.  A state agency, political 
 subdivision, agency of a local unit of government, private 
 agency, hospital, clinic, prepaid medical plan, or other health 
 care institution or organization located in this state shall 
 report to the board any action taken by the agency, institution, 
 or organization or any of its administrators or medical or other 
 committees to revoke, suspend, restrict, or condition an 
 applicant's or a licensee's privilege to practice or treat 
 patients or clients in the institution, or as part of the 
 organization, any denial of privileges, or any other 
 disciplinary action for conduct that might constitute grounds 
 for disciplinary action by the board under this chapter.  The 
 institution or organization shall also report the resignation of 
 any applicants or licensees prior to the conclusion of any 
 disciplinary action proceeding for conduct that might constitute 
 grounds for disciplinary action under this chapter, or prior to 
 the commencement of formal charges but after the applicant or 
 licensee had knowledge that formal charges were contemplated or 
 in preparation. 

    Subd. 3.    Professional societies or associations.  A 
 state or local professional society or association for licensees 
 shall forward to the board any complaint received concerning the 
 ethics or conduct of the practice which the board regulates.  
 The society or association shall forward a complaint to the 
 board upon receipt of the complaint.  The society or association 
 shall also report to the board any disciplinary action taken 
 against a member.  

    Subd. 4.    Licensed professionals.  (a) A licensed 
 health professional shall report to the board information on the 
 following conduct by an applicant or a licensee: 

    (1) sexual contact or sexual conduct with a client or a 
 former client; 

    (2) failure to make reports required by section 626.556 or 
 626.557; 

    (3) impairment in the ability to practice by reason of 
 illness, use of alcohol, drugs, or other chemicals, or as a 
 result of any mental or physical condition; 

    (4) improper or fraudulent billing practices, including 
 violations of the federal Medicare and Medicaid laws or state 
 medical assistance laws; 

    (5) fraud in the licensure application process or any other 
 false statements made to the board; 

    (6) conviction of a felony reasonably related to the 
 practice of social work, including conviction of the 
 psychotherapist sex crimes in chapter 609; and 

    (7) a violation of a board order. 

    (b) A licensed health professional shall also report to the 
 board information on any other conduct by an applicant or a 
 licensee that constitutes grounds for disciplinary action under 
 this chapter or the rules of the board when the licensed health 
 professional reasonably believes, after appropriate assessment, 
 that the client's functioning has been or likely will be 
 affected negatively by the conduct, regardless of whether the 
 conduct has ceased. 

    (c) Notwithstanding paragraphs (a) and (b), a licensed 
 health professional shall report to the board knowledge of any 
 actions which institutions must report under subdivision 2. 

    Subd. 5.    Reporting other licensed professionals.  An 
 applicant or a licensee shall report to the appropriate board 
 conduct by a licensed health professional which would constitute 
 grounds for disciplinary action under the chapter governing the 
 practice of the other licensed health professional and which is 
 required by law to be reported to the same board. 

    Subd. 6.    Insurers and other entities making liability 
 payments.  (a) Four times each year as prescribed by the 
 board, each insurer authorized to sell insurance described in 
 section 60A.06, subdivision 1, clause (13), and providing 
 professional liability insurance to licensees, or the Medical 
 Joint Underwriting Association under chapter 62F, shall submit 
 to the board a report concerning the licensees against whom 
 malpractice settlements or awards have been made to the 
 plaintiff.  The report must contain at least the following 
 information:  

    (1) the total number of malpractice settlements or awards 
 made; 

    (2) the date the malpractice settlements or awards were 
 made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made; 

    (4) the dollar amount of each malpractice settlement or 
 award; 

    (5) the regular address of the practice of the licensee 
 against whom an award was made or with whom a settlement was 
 made; and 

    (6) the name of the licensee against whom an award was made 
 or with whom a settlement was made.  

    (b) A medical clinic, hospital, political subdivision, or 
 other entity which makes professional liability insurance 
 payments on behalf of applicants or licensees shall submit to 
 the board a report concerning malpractice settlements or awards 
 paid on behalf of applicants or licensees, and any settlements 
 or awards paid by a clinic, hospital, political subdivision, or 
 other entity on its own behalf because of care rendered by 
 applicants or licensees.  This requirement excludes forgiveness 
 of bills.  The report shall be made to the board within 30 days 
 of payment of all or part of any settlement or award. 

    (c) The insurance company or other entity making 
 professional liability insurance payments shall, in addition to 
 the information in paragraph (b), report to the board any 
 information it possesses that tends to substantiate a charge, 
 including the factual data underlying a settlement, that an 
 applicant or a licensee may have engaged in conduct violating 
 this chapter.  

    Subd. 7.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the board any judgment or other determination of the court 
 that adjudges or includes a finding that an applicant or a 
 licensee is a person who is mentally ill, mentally incompetent, 
 guilty of a felony, guilty of a violation of federal or state 
 narcotics laws or controlled substances act, or guilty of an 
 abuse or fraud under Medicare or Medicaid; or that appoints a 
 guardian of the applicant or licensee pursuant to sections 
 524.5-101 to 524.5-502 or commits an applicant or a licensee pursuant 
 to chapter 253B.  

    Subd. 8.    Self-reporting.  An applicant or a licensee 
 shall report to the board any personal action that would require 
 that a report be filed by any person, health care facility, 
 business, or organization pursuant to subdivisions 2 to 7. 

    Subd. 9.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 8 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that reports be submitted 
 on the forms provided, and may adopt rules necessary to assure 
 prompt and accurate reporting.  

    Subd. 10.    Subpoenas.  The board may issue subpoenas 
 for the production of any reports required by subdivisions 2 to 
 8 or any related documents. 

    HIST: 1997 c 193 s 39; 2002 c 221 s 4; 2004 c 146 art 3 s 47