2005 Minnesota Statutes

     148B.70 Additional remedies. 

    Subdivision 1.    Cease and desist.  The committee may 
 issue a cease and desist order to stop a person from violating 
 or threatening to violate a statute, rule, or order which the 
 Office of Mental Health Practice has issued or is empowered to 
 enforce.  The cease and desist order must state the reason for 
 its issuance and give notice of the person's right to request a 
 hearing under sections 14.57 to 14.62.  If, within 15 days of 
 service of the order, the subject of the order fails to request 
 a hearing in writing, the order is the final order of the 
 committee and is not reviewable by a court or agency. 

    A hearing must be initiated by the Office of Mental Health 
 Practice not later than 30 days from the date of the office's 
 receipt of a written hearing request.  Within 30 days of receipt 
 of the administrative law judge's report, the committee shall 
 issue a final order modifying, vacating, or making permanent the 
 cease and desist order as the facts require.  The final order 
 remains in effect until modified or vacated by the committee. 

    When a request for a stay accompanies a timely hearing 
 request, the committee may, in the committee's discretion, grant 
 the stay.  If the committee does not grant a requested stay, the 
 committee shall refer the request to the Office of 
 Administrative Hearings within three working days of receipt of 
 the request.  Within ten days after receiving the request from 
 the committee, an administrative law judge shall issue a 
 recommendation to grant or deny the stay.  The committee shall 
 grant or deny the stay within five days of receiving the 
 administrative law judge's recommendation. 

    In the event of noncompliance with a cease and desist 
 order, the committee may institute a proceeding in Hennepin 
 County District Court to obtain injunctive relief or other 
 appropriate relief, including a civil penalty payable to the 
 Office of Mental Health Practice not exceeding $10,000 for each 
 separate violation. 

    Subd. 2.    Injunctive relief.  In addition to any other 
 remedy provided by law, including the issuance of a cease and 
 desist order under subdivision 1, the committee may in the 
 committee's own name bring an action in Hennepin County District 
 Court for injunctive relief to restrain an unlicensed mental 
 health practitioner from a violation or threatened violation of 
 any statute, rule, or order which the committee is empowered to 
 regulate, enforce, or issue.  A temporary restraining order must 
 be granted in the proceeding if continued activity by a 
 practitioner would create a serious risk of harm to others.  The 
 committee need not show irreparable harm. 

    Subd. 3.    Additional powers.  The issuance of a cease 
 and desist order or injunctive relief granted under this section 
 does not relieve a practitioner from criminal prosecution by a 
 competent authority or from disciplinary action by the committee.

    HIST: 1991 c 292 art 2 s 60; 2005 c 147 art 8 s 4 

*   NOTE:  This section is repealed by Laws 2003, chapter 118, 
*section 29, paragraph (a), as amended by Laws 2004, chapter 279, 
*article 5, section 10, and Laws 2005, chapter 147, article 8, 
*section 3, effective July 1, 2009.  Laws 2003, chapter 118, 
*section 29, paragraph (a), the effective date, as amended by 
*Laws 2004, chapter 279, article 5, section 10, and Laws 2005, 
*chapter 147, article 8, section 3.