2006 Minnesota Statutes

148B.64 IMMUNITY.
    Subdivision 1. Reporting. Any person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting a report to the Office of
Mental Health Practice, 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 actual 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 committee 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 absolutely
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: 1991 c 292 art 2 s 54; 1996 c 305 art 1 s 40; 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NOTE: This section is repealed by Laws 2003, chapter 118, section 29, paragraph (a), as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.