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Chapter 146A
Section 146A.04
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This is an historical version of this statute chapter. Also view the most recent published version.
146A.04 IMMUNITY.
Subdivision 1. Reporting. Any person, other than the unlicensed complementary and
alternative health care practitioner who committed the violation, health care facility, business,
or organization is immune from civil liability or criminal prosecution for submitting a report to
the office, for otherwise reporting to the office violations or alleged violations of this chapter,
or for cooperating with an investigation of a report, except as provided in this subdivision. Any
person who knowingly or recklessly makes a false report is liable in a civil suit for any damages
suffered by the person or persons so reported and for any punitive damages set by the court or
jury. An action requires clear and convincing evidence that the defendant made the statement with
knowledge of falsity or with reckless disregard for its truth or falsity. The report or statement or
any statement made in cooperation with an investigation or as part of a disciplinary proceeding is
privileged except in an action brought under this subdivision.
Subd. 2. Investigation. The commissioner and employees of the Department of Health and
other persons engaged in the investigation of violations and in the preparation, presentation, and
management of and testimony pertaining to charges of violations of this chapter are immune
from civil liability and criminal prosecution for any actions, transactions, or publications in the
execution of, or relating to, their duties under this chapter.
History: 2000 c 460 s 13
Subdivision 1. Reporting. Any person, other than the unlicensed complementary and
alternative health care practitioner who committed the violation, health care facility, business,
or organization is immune from civil liability or criminal prosecution for submitting a report to
the office, for otherwise reporting to the office violations or alleged violations of this chapter,
or for cooperating with an investigation of a report, except as provided in this subdivision. Any
person who knowingly or recklessly makes a false report is liable in a civil suit for any damages
suffered by the person or persons so reported and for any punitive damages set by the court or
jury. An action requires clear and convincing evidence that the defendant made the statement with
knowledge of falsity or with reckless disregard for its truth or falsity. The report or statement or
any statement made in cooperation with an investigation or as part of a disciplinary proceeding is
privileged except in an action brought under this subdivision.
Subd. 2. Investigation. The commissioner and employees of the Department of Health and
other persons engaged in the investigation of violations and in the preparation, presentation, and
management of and testimony pertaining to charges of violations of this chapter are immune
from civil liability and criminal prosecution for any actions, transactions, or publications in the
execution of, or relating to, their duties under this chapter.
History: 2000 c 460 s 13
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