2006 Minnesota Statutes

CHAPTER 214. EXAMINING AND LICENSING BOARDS

GENERAL

214.001 POLICY AND REGULATION.
    Subdivision 1. Policy. The legislature finds that the interests of the people of the state are
served by the regulation of certain occupations. The legislature further finds: (1) that it is desirable
for boards composed primarily of members of the occupations so regulated to be charged with
formulating the policies and standards governing the occupation; (2) that economical and efficient
administration of the regulation activities can be achieved through the provision of administrative
services by departments of state government; and (3) that procedural fairness in the disciplining
of persons regulated by the boards requires a separation of the investigative and prosecutorial
functions from the board's judicial responsibility.
    Subd. 2. Criteria for regulation. The legislature declares that no regulation shall be imposed
upon any occupation unless required for the safety and well being of the citizens of the state. In
evaluating whether an occupation shall be regulated, the following factors shall be considered:
(1) whether the unregulated practice of an occupation may harm or endanger the health,
safety and welfare of citizens of the state and whether the potential for harm is recognizable
and not remote;
(2) whether the practice of an occupation requires specialized skill or training and whether
the public needs and will benefit by assurances of initial and continuing occupational ability;
(3) whether the citizens of this state are or may be effectively protected by other means; and
(4) whether the overall cost effectiveness and economic impact would be positive for
citizens of the state.
    Subd. 3. Regulation of new occupations. If the legislature finds after evaluation of the
factors identified in subdivision 2 that it is necessary to regulate an occupation not heretofore
credentialed or regulated, then regulation should be implemented consistent with the policy of
this section, in modes in the following order:
(1) creation or extension of common law or statutory causes of civil action, and the creation
or extension of criminal prohibitions;
(2) imposition of inspection requirements and the ability to enforce violations by injunctive
relief in the courts;
(3) implementation of a system of registration whereby practitioners who will be the only
persons permitted to use a designated title are listed on an official roster after having met
predetermined qualifications; or
(4) implementation of a system of licensing whereby a practitioner must receive recognition
by the state of having met predetermined qualifications, and persons not so licensed are prohibited
from practicing.
Two or more of these modes may be simultaneously implemented if necessary and
appropriate.
    Subd. 4. Information from Council of Health Boards. The chair of a standing committee
in either house of the legislature may request information from the Council of Health Boards on
proposals relating to the regulation of health occupations.
History: 1976 c 222 s 1; 1984 c 654 art 5 s 9; 1986 c 444; 2001 c 161 s 37

214.002 EVIDENCE IN SUPPORT OF REGULATION.
    Subdivision 1. Written report. Within 15 days of the introduction of a bill proposing new or
expanded regulation of an occupation, the proponents of the new or expanded regulation shall
submit a written report to the chair of the standing committee in each house of the legislature
to which the bill was referred and to the Council of Health Boards setting out the information
required by this section. If a committee chair requests that the report be submitted earlier, but no
fewer than five days from introduction of the bill, the proponents shall comply with the request.
    Subd. 2. Contents of report. A report in support of the regulation of a health-related or
non-health-related occupation must address the following issues as specifically as possible:
(1) the harm to the public that is or could be posed by the unregulated practice of the
occupation or by continued practice at its current degree of regulation;
(2) any reason why existing civil or criminal laws or procedures are inadequate to prevent
or remedy any harm to the public;
(3) why the proposed level of regulation is being proposed and why, if there is a lesser degree
of regulation, it was not selected;
(4) any associations, organizations, or other groups representing the occupation seeking
regulation and the approximate number of members in each in Minnesota;
(5) the functions typically performed by members of this occupational group and whether
they are identical or similar to those performed by another occupational group or groups;
(6) whether any specialized training, education, or experience is required to engage in
the occupation and, if so, how current practitioners have acquired that training, education,
or experience;
(7) whether the proposed regulation would change the way practitioners of the occupation
acquire any necessary specialized training, education, or experience and, if so, why;
(8) whether any current practitioners of the occupation in Minnesota lack whatever
specialized training, education, or experience might be required to engage in the occupation and,
if so, how the proposed regulation would address that lack;
(9) whether new entrants into the occupation would be required to provide evidence of any
necessary training, education, or experience, or to pass an examination, or both;
(10) whether current practitioners would be required to provide evidence of any necessary
training, education, or experience, or to pass an examination, and, if not, why not; and
(11) the expected impact of the proposed regulation on the supply of practitioners of the
occupation and on the cost of services or goods provided by the occupation.
    Subd. 3. Additional contents; health-related occupations. In addition to the contents listed
in subdivision 2, a report submitted by supporters of regulation of a health-related occupation
must address the following issues as specifically as possible:
(1) typical work settings and conditions for practitioners of the occupation; and
(2) whether practitioners of the occupation work without supervision or are supervised and
monitored by a regulated institution or by regulated health professionals.
History: 1999 c 144 s 1; 2001 c 161 s 38

214.01 DEFINITIONS.
    Subdivision 1. Application. The words defined in this section for purposes of this chapter
have the meanings given them unless the context clearly requires otherwise.
    Subd. 1a. Council of Health Boards. "Council of Health Boards" means a collaborative
body established by the health-related licensing boards.
    Subd. 2. Health-related licensing board. "Health-related licensing board" means the Board
of Examiners of Nursing Home Administrators established pursuant to section 144A.19, the
Office of Unlicensed Complementary and Alternative Health Care Practice established pursuant
to section 146A.02, the Board of Medical Practice created pursuant to section 147.01, the Board
of Nursing created pursuant to section 148.181, the Board of Chiropractic Examiners established
pursuant to section 148.02, the Board of Optometry established pursuant to section 148.52, the
Board of Physical Therapy established pursuant to section 148.67, the Board of Psychology
established pursuant to section 148.90, the Board of Social Work pursuant to section 148D.025,
the Board of Marriage and Family Therapy pursuant to section 148B.30, the Office of Mental
Health Practice established pursuant to section 148B.61, the Board of Behavioral Health and
Therapy established by section 148B.51, the Board of Dietetics and Nutrition Practice established
under section 148.622, the Board of Dentistry established pursuant to section 150A.02, the Board
of Pharmacy established pursuant to section 151.02, the Board of Podiatric Medicine established
pursuant to section 153.02, and the Board of Veterinary Medicine established pursuant to section
156.01.
    Subd. 3. Non-health-related licensing board. "Non-health-related licensing board" means
the Board of Teaching established pursuant to section 122A.07, the Board of Barber Examiners
established pursuant to section 154.001, the Board of Assessors established pursuant to section
270.41, the Board of Architecture, Engineering, Land Surveying, Landscape Architecture,
Geoscience, and Interior Design established pursuant to section 326.04, the Board of Electricity
established pursuant to section 326.241, the Private Detective and Protective Agent Licensing
Board established pursuant to section 326.33, the Board of Accountancy established pursuant to
section 326A.02, and the Peace Officer Standards and Training Board established pursuant to
section 626.841.
History: 1973 c 638 s 63; 1974 c 406 s 82,83; 1975 c 136 s 46,47; 1975 c 271 s 6; 1976 c
173 s 54; 1976 c 222 s 27,203,204; 1977 c 433 s 14; 1978 c 674 s 20; 1981 c 357 s 68; 1987
c 108 s 15; 1987 c 347 art 1 s 20; 1987 c 384 art 2 s 50; 1989 c 209 art 1 s 21; 1991 c 106 s
6; 1992 c 464 art 2 s 2; 1992 c 507 s 22; 1Sp1993 c 1 art 3 s 15; 1994 c 465 art 2 s 15; 1994 c
613 s 15; 1995 c 164 s 32; 1995 c 206 s 1; 1997 c 7 art 1 s 90; 1998 c 397 art 11 s 3; 1999 c
245 art 9 s 63; 2000 c 460 s 62; 2001 c 109 art 2 s 3; 2001 c 161 s 39; 2002 c 379 art 1 s 53;
2003 c 118 s 19; 2005 c 27 s 9; 2005 c 147 art 1 s 64; art 5 s 23

214.02 PUBLIC MEMBER, DEFINED.
"Public member" means a person who is not, or never was, a member of the profession or
occupation being licensed or regulated or the spouse of any such person, or a person who does
not have or has never had, a material financial interest in either the providing of the professional
service being licensed or regulated or an activity directly related to the profession or occupation
being licensed or regulated.
History: 1973 c 638 s 61

214.025 COUNCIL OF HEALTH BOARDS.
The health-related licensing boards may establish a Council of Health Boards consisting
of representatives of the health-related licensing boards and the Emergency Medical Services
Regulatory Board. When reviewing legislation or legislative proposals relating to the regulation
of health occupations, the council shall include the commissioner of health or a designee.
History: 2001 c 161 s 40

214.03 STANDARDIZED TESTS.
    Subdivision 1. Standardized tests used. All state examining and licensing boards, other than
the State Board of Law Examiners, the Lawyers Professional Responsibility Board, or any other
board established by the Supreme Court to regulate the practice of law and judicial functions,
shall use national standardized tests for the objective, nonpractical portion of any examination
given to prospective licensees to the extent that such national standardized tests are appropriate,
except when the subject matter of the examination relates to the application of Minnesota law to
the profession or calling being licensed.
    Subd. 2. Health-related boards; special account. An account is established in the special
revenue fund where a health-related licensing board may deposit applicants' payments for national
or regional standardized tests. Money in the account is appropriated to each board that has
deposited money into the account, in an amount equal to the amount deposited by the board, to
pay for the use of national or regional standardized tests.
History: 1973 c 638 s 62; 1974 c 406 s 81; 1998 c 407 art 2 s 93; 2004 c 228 art 1 s 34

214.04 SERVICES.
    Subdivision 1. Services provided. (a) The commissioner of administration with respect to
the Board of Electricity; the commissioner of education with respect to the Board of Teaching;
the commissioner of public safety with respect to the Board of Private Detective and Protective
Agent Services; the panel established pursuant to section 299A.465, subdivision 7; the Board
of Peace Officer Standards and Training; and the commissioner of revenue with respect to the
Board of Assessors, shall provide suitable offices and other space, joint conference and hearing
facilities, examination rooms, and the following administrative support services: purchasing
service, accounting service, advisory personnel services, consulting services relating to evaluation
procedures and techniques, data processing, duplicating, mailing services, automated printing
of license renewals, and such other similar services of a housekeeping nature as are generally
available to other agencies of state government. Investigative services shall be provided the
boards by employees of the Office of Attorney General. The commissioner of health with respect
to the health-related licensing boards shall provide mailing and office supply services and may
provide other facilities and services listed in this subdivision at a central location upon request of
the health-related licensing boards. The commissioner of commerce with respect to the remaining
non-health-related licensing boards shall provide the above facilities and services at a central
location for the remaining non-health-related licensing boards. The legal and investigative services
for the boards shall be provided by employees of the attorney general assigned to the departments
servicing the boards. Notwithstanding the foregoing, the attorney general shall not be precluded
by this section from assigning other attorneys to service a board if necessary in order to insure
competent and consistent legal representation. Persons providing legal and investigative services
shall to the extent practicable provide the services on a regular basis to the same board or boards.
(b) The requirements in paragraph (a) with respect to the panel established in section
299A.465, subdivision 7, expire July 1, 2008.
    Subd. 2. Costs. The health-related licensing boards and the non-health-related licensing
boards shall be required to provide compensation for the reasonable costs associated with
providing the services and staff required by subdivisions 1 and 3. Transfers of funds to the account
of the appropriate department as specified in subdivision 1 or the Office of Attorney General
shall be made on the first day of each quarter of the biennium for services furnished during the
preceding quarter, and all funds so transferred shall be deposited to the account of the appropriate
department or office.
    Subd. 2a. Performance of executive directors. The governor may request that a
health-related licensing board or the Emergency Medical Services Regulatory Board review the
performance of the board's executive director. Upon receipt of the request, the board must respond
by establishing a performance improvement plan or taking disciplinary or other corrective action,
including dismissal. The board shall include the governor's representative as a voting member of
the board in the board's discussions and decisions regarding the governor's request. The board
shall report to the governor on action taken by the board, including an explanation if no action
is deemed necessary.
    Subd. 3. Officers; staff. The executive director of each health-related board and the
executive secretary of each non-health-related board shall be the chief administrative officer for
the board but shall not be a member of the board. The executive director or executive secretary
shall maintain the records of the board, account for all fees received by it, supervise and direct
employees servicing the board, and perform other services as directed by the board. The executive
directors, executive secretaries, and other employees of the following boards shall be hired by
the board, and the executive directors or executive secretaries shall be in the unclassified civil
service, except as provided in this subdivision:
(1) Dentistry;
(2) Medical Practice;
(3) Nursing;
(4) Pharmacy;
(5) Accountancy;
(6) Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and
Interior Design;
(7) Barber Examiners;
(8) Cosmetology;
(9) Electricity;
(10) Teaching;
(11) Peace Officer Standards and Training;
(12) Social Work;
(13) Marriage and Family Therapy;
(14) Dietetics and Nutrition Practice; and
(15) Licensed Professional Counseling.
The executive directors or executive secretaries serving the boards are hired by those boards
and are in the unclassified civil service, except for part-time executive directors or executive
secretaries, who are not required to be in the unclassified service. Boards not requiring full-time
executive directors or executive secretaries may employ them on a part-time basis. To the extent
practicable, the sharing of part-time executive directors or executive secretaries by boards being
serviced by the same department is encouraged. Persons providing services to those boards
not listed in this subdivision, except executive directors or executive secretaries of the boards
and employees of the attorney general, are classified civil service employees of the department
servicing the board. To the extent practicable, the commissioner shall ensure that staff services are
shared by the boards being serviced by the department. If necessary, a board may hire part-time,
temporary employees to administer and grade examinations.
    Subd. 4. Joint rulemaking. Two or more health-related licensing boards or two or more
non-health-related licensing boards may hold joint rulemaking proceedings on proposed rules
relating to similar subject matters.
History: 1973 c 638 s 64; 1975 c 136 s 48; 1975 c 271 s 6; 1976 c 222 s 2,27; 1977 c 444 s
13,14; 1982 c 595 s 1; 1983 c 269 s 1; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 1985 c
247 s 25; 1986 c 444; 1986 c 464 s 2; 1987 c 347 art 1 s 21; 1987 c 404 s 156; 1988 c 667 s 27;
1989 c 282 art 2 s 54; 1990 c 571 s 40; 1991 c 106 s 6; 1991 c 292 art 2 s 67; 1992 c 507 s 22;
1Sp1993 c 1 art 9 s 67; 1994 c 613 s 16; 1995 c 206 s 2; 1Sp1995 c 3 art 16 s 13; 2003 c 118 s
20; 2003 c 130 s 12; 2004 c 279 art 11 s 6; 2005 c 136 art 8 s 3

214.045 COORDINATION WITH BOARD OF TEACHING.
The commissioner of health and the health-related licensing boards must coordinate with the
Board of Teaching when modifying licensure requirements for regulated persons in order to have
consistent regulatory requirements for personnel who perform services in schools.
History: 1999 c 245 art 4 s 7

214.05 [Repealed, 1977 c 444 s 21]

214.055 FEES TO RECOVER EXPENDITURES.
A health-related licensing board that is created on or after September 1, 1995, must establish
a fee structure which fully recovers its expenditures during a five-year period.
History: 1995 c 207 art 9 s 49

214.06 FEES; LICENSE RENEWALS.
    Subdivision 1. Fee adjustment. Notwithstanding any law to the contrary, the commissioner
of health as authorized by section 214.13, all health-related licensing boards and all
non-health-related licensing boards shall by rule, with the approval of the commissioner of finance,
adjust, as needed, any fee which the commissioner of health or the board is empowered to assess.
As provided in section 16A.1285, the adjustment shall be an amount sufficient so that the total
fees collected by each board will be based on anticipated expenditures, including expenditures for
the programs authorized by sections 214.10, 214.103, 214.11, 214.17 to 214.24, 214.28 to 214.37,
and 214.40, except that a health-related licensing board may have anticipated expenditures in
excess of anticipated revenues in a biennium by using accumulated surplus revenues from fees
collected by that board in previous bienniums. A health-related licensing board shall not spend
more money than the amount appropriated by the legislature for a biennium. For members of an
occupation registered after July 1, 1984, by the commissioner of health under the provisions of
section 214.13, the fee established must include an amount necessary to recover, over a five-year
period, the commissioner's direct expenditures for adoption of the rules providing for registration
of members of the occupation. All fees received shall be deposited in the state treasury.
    Subd. 1a. Health occupations licensing account. Fees received by the commissioner of
health or health-related licensing boards must be credited to the health occupations licensing
account in the state government special revenue fund. The commissioner of finance shall ensure
that the revenues and expenditures of each health-related licensing board are tracked separately
in the health occupations licensing account.
    Subd. 2. License renewal. Notwithstanding any law to the contrary, each health-related and
non-health-related licensing board shall promulgate rules providing for the renewal of licenses.
The rules shall specify the period of time for which a license is valid, procedures and information
required for renewal, and renewal fees to be set pursuant to subdivision 1.
    Subd. 3.[Repealed, 1997 c 187 art 5 s 36]
History: 1973 c 638 s 67; 1974 c 406 s 85; 1976 c 222 s 3; 1977 c 305 s 45; 1977 c 444 s
15; 1980 c 614 s 100; 1981 c 357 s 69; 1983 c 301 s 165; 1984 c 654 art 5 s 10; 1Sp1985 c 9 art
2 s 24; 1987 c 370 art 1 s 1; 1989 c 282 art 3 s 32; 1989 c 335 art 4 s 66; 1Sp1993 c 1 art 9 s
68,69; 1994 c 556 s 1; 2005 c 147 art 9 s 5,6

214.07 REPORTS.
    Subdivision 1. Non-health-related board reports. The non-health-related licensing boards
shall prepare reports according to this subdivision by October 1 of each even-numbered year.
Copies of the reports shall be delivered to the governor. The reports shall contain the following
information relating to the two-year period ending the previous June 30:
(a) a general statement of board activities;
(b) the number of meetings and approximate total number of hours spent by all board
members in meetings and on other board activities;
(c) the receipts and disbursements of board funds;
(d) the names of board members and their addresses, occupations, and dates of appointment
and reappointment to the board;
(e) the names and job classifications of board employees;
(f) a brief summary of board rules proposed or adopted during the reporting period with
appropriate citations to the State Register and published rules;
(g) the number of persons having each type of license and registration issued by the board as
of June 30 in the year of the report;
(h) the locations and dates of the administration of examinations by the board;
(i) the number of persons examined by the board with the persons subdivided into groups
showing age categories, sex, and states of residency;
(j) the number of persons licensed or registered by the board after taking the examinations
referred to in clause (h) with the persons subdivided by age categories, sex, and states of residency;
(k) the number of persons not licensed or registered by the board after taking the
examinations referred to in clause (h) with the persons subdivided by age categories, sex, and
states of residency;
(l) the number of persons not taking the examinations referred to in clause (h) who were
licensed or registered by the board or who were denied licensing or registration with the
reasons for the licensing or registration or denial thereof and with the persons subdivided by
age categories, sex, and states of residency;
(m) the number of persons previously licensed or registered by the board whose licenses or
registrations were revoked, suspended, or otherwise altered in status with brief statements of the
reasons for the revocation, suspension or alteration;
(n) the number of written and oral complaints and other communications received by the
executive director or executive secretary of the board, a board member, or any other person
performing services for the board (1) which allege or imply a violation of a statute or rule which
the board is empowered to enforce and (2) which are forwarded to other agencies as required by
section 214.10;
(o) a summary, by specific category, of the substance of the complaints and communications
referred to in clause (n) and, for each specific category, the responses or dispositions thereof
pursuant to section 214.10 or 214.11;
(p) any other objective information which the board members believe will be useful in
reviewing board activities.
    Subd. 1a.[Repealed by amendment, Laws 2000 c 284 s 6]
    Subd. 1b. Health-related licensing board reports. Each health-related licensing board
must prepare a report by October 15 of each even-numbered year. The report must be submitted
to the administrative services unit serving the boards. The report must contain the following
information for the two-year period ending the previous June 30: (1) the number and type of
credentials issued or renewed; (2) the number of complaints received; (3) the number and age
of complaints open at the end of the period; (4) receipts, disbursements, and major fees; and (5)
such other information that the interests of health occupation regulation require. The report
must also contain information showing historical trends. The reports must use a common format
and consistent terminology and data.
    Subd. 2. Administrative services report. The administrative services unit serving the boards
shall prepare a report by December 15 of each even-numbered year. One copy of the administrative
services report must be delivered to each of the following: the governor, the commissioner
of health, and the chairs of the house and senate policy and appropriations committees with
jurisdiction over health-related licensing boards. Six copies must be delivered to the legislative
reference library. The administrative services report must contain the following information:
(1) a summary of the information contained in the reports submitted by the health-related
licensing boards pursuant to subdivision 1b;
(2) a description of the health-related licensing boards' cooperative activities during the
two-year period ending the previous June 30;
(3) a description of emerging issues relating to health occupation regulation that affect more
than one board or more than one occupation; and
(4) a copy of each health-related licensing board report submitted to the administrative
services unit pursuant to subdivision 1b.
History: 1975 c 136 s 49; 1976 c 222 s 4; 1977 c 305 s 45; 1985 c 247 s 21,25; 1988 c 613 s
27; 1990 c 506 art 2 s 19; 1990 c 568 art 3 s 6,7; 1991 c 106 s 6; 1997 c 7 art 2 s 27; 2000 c 284 s 6

214.071 HEALTH BOARDS; DIRECTORY OF LICENSEES.
By July 1, 2009, each health-related licensing board, as defined in section 214.01, subdivision
2, shall establish a directory of licensees that includes biographical data for each licensee.
History: 2005 c 147 art 11 s 4; 2006 c 267 art 1 s 7
NOTE: The amendment to this section by Laws 2006, chapter 267, article 1, section 7, is
effective July 1, 2007. Laws 2006, chapter 267, article 1, section 7, the effective date.

214.08 FISCAL YEAR.
All health-related boards and all non-health-related boards shall adopt the fiscal year system
employed by the state.
History: 1975 c 136 s 50

214.09 MEMBERSHIP; COMPENSATION; REMOVAL; VACANCIES.
    Subdivision 1. General. The following standard provisions shall apply to the health-related
and non-health-related licensing boards and to agencies created after July 1, 1975 in the executive
branch, other than departments, whose primary functions include licensing, registration or
certification of persons in specified professions or occupations.
    Subd. 2. Membership terms. An appointment to a board must be made in the manner
provided in section 15.0597. The terms of the members shall be four years with the terms ending
on the first Monday in January. The appointing authority shall appoint as nearly as possible
one-fourth of the members to terms expiring each year. If the number of members is not evenly
divisible by four, the greater number of members, as necessary, shall be appointed to terms
expiring in the year of commencement of the governor's term and the year or years immediately
thereafter. If the number of terms which can be served by a member of a board is limited by
law, a partial term must be counted for this purpose if the time served by a member is greater
than one-half of the duration of the regular term. If the membership is composed of categories
of members from occupations, industries, political subdivisions, the public or other groupings
of persons, and if the categories have two or more members each, the appointing authority shall
appoint as nearly as possible one-fourth of the members in each category at each appointment
date. Members may serve until their successors are appointed and qualify. If the appointing
authority fails to appoint a successor by July 1 of the year in which the term expires, the term of
the member for whom a successor has not been appointed shall extend until the first Monday in
January four years after the scheduled end of the original term.
    Subd. 3. Compensation. (a) Members of the boards may be compensated at the rate of
$55 a day spent on board activities, when authorized by the board, plus expenses in the same
manner and amount as authorized by the commissioner's plan adopted under section 43A.18,
subdivision 2 . Members who, as a result of time spent attending board meetings, incur child care
expenses that would not otherwise have been incurred, may be reimbursed for those expenses
upon board authorization.
(b) Members who are state employees or employees of the political subdivisions of the state
must not receive the daily payment for activities that occur during working hours for which they
are also compensated by the state or political subdivision. However, a state or political subdivision
employee may receive the daily payment if the employee uses vacation time or compensatory
time accumulated in accordance with a collective bargaining agreement or compensation plan
for board activity. Members who are state employees or employees of the political subdivisions
of the state may receive the expenses provided for in this subdivision unless the expenses are
reimbursed by another source. Members who are state employees or employees of political
subdivisions of the state may be reimbursed for child care expenses only for time spent on board
activities that are outside their working hours.
(c) Each board must adopt internal standards prescribing what constitutes a day spent on
board activities for purposes of making daily payments under this subdivision.
    Subd. 4. Removal; vacancies. A member may be removed by the appointing authority at any
time (1) for cause after notice and hearing, (2) if the board fails to prepare and submit the report
required by section 214.07, or (3) after missing three consecutive meetings. The chair of the board
shall inform the appointing authority of a member missing the three consecutive meetings. After
the second consecutive missed meeting and before the next meeting, the secretary of the board
shall notify the member in writing that the member may be removed for missing the next meeting.
In the case of a vacancy on the board, the appointing authority shall appoint a person to fill the
vacancy for the remainder of the unexpired term.
History: 1975 c 136 s 51; 1976 c 222 s 205; 1984 c 571 s 3; 1986 c 444; 1987 c 354 s 5;
1990 c 506 art 2 s 20; 1993 c 80 s 6; 2001 c 61 s 3; 1Sp2001 c 10 art 2 s 70

214.10 COMPLAINT, INVESTIGATION, AND HEARING.
    Subdivision 1. Receipt of complaint; notice. The executive director or executive secretary
of a board, a board member or any other person who performs services for the board who receives
a complaint or other communication, whether oral or written, which complaint or communication
alleges or implies a violation of a statute or rule which the board is empowered to enforce, shall
promptly forward the substance of the communication on a form prepared by the attorney general
to the designee of the attorney general responsible for providing legal services to the board.
Before proceeding further with the communication, the designee of the attorney general may
require the complaining party to state the complaint in writing on a form prepared by the attorney
general. Complaints which relate to matters within the jurisdiction of another governmental
agency shall be forwarded to that agency by the executive director or executive secretary. An
officer of that agency shall advise the executive director or executive secretary of the disposition
of that complaint. A complaint received by another agency which relates to a statute or rule
which a licensing board is empowered to enforce shall be forwarded to the executive director or
executive secretary of the board to be processed in accordance with this section. No complaint
alleging a matter within the jurisdiction of the board shall be dismissed by a board unless at least
two board members have reviewed the matter. If a board makes a determination to investigate a
complaint, it shall notify a licensee who is the subject of an investigation that an investigation has
been initiated at a time when such notice will not compromise the investigation.
    Subd. 2. Investigation and hearing. The designee of the attorney general providing legal
services to a board shall evaluate the communications forwarded by the board or its members or
staff. If the communication alleges a violation of statute or rule which the board is to enforce,
the designee is empowered to investigate the facts alleged in the communication. In the process
of evaluation and investigation, the designee shall consult with or seek the assistance of the
executive director, executive secretary, or, if the board determines, a member of the board who has
been appointed by the board to assist the designee. The designee may also consult with or seek the
assistance of any other qualified persons who are not members of the board who the designee
believes will materially aid in the process of evaluation or investigation. The executive director,
executive secretary, or the consulted board member may attempt to correct improper activities
and redress grievances through education, conference, conciliation and persuasion, and in these
attempts may be assisted by the designee of the attorney general. If the attempts at correction
or redress do not produce satisfactory results in the opinion of the executive director, executive
secretary, or the consulted board member, or if after investigation the designee providing legal
services to the board, the executive director, executive secretary, or the consulted board member
believes that the communication and the investigation suggest illegal or unauthorized activities
warranting board action, the person having the belief shall inform the executive director or
executive secretary of the board who shall schedule a disciplinary hearing in accordance with
chapter 14. Before directing the holding of a disciplinary hearing, the executive director, executive
secretary, or the designee of the attorney general shall have considered the recommendations of
the consulted board member. Before scheduling a disciplinary hearing, the executive director or
executive secretary must have received a verified written complaint from the complaining party.
A board member who was consulted during the course of an investigation may participate at the
hearing but may not vote on any matter pertaining to the case. The executive director or executive
secretary of the board shall promptly inform the complaining party of the final disposition of the
complaint. Nothing in this section shall preclude the board from scheduling, on its own motion,
a disciplinary hearing based upon the findings or report of the board's executive director or
executive secretary, a board member or the designee of the attorney general assigned to the board.
Nothing in this section shall preclude a member of the board, executive director, or executive
secretary from initiating a complaint.
    Subd. 2a. Proceedings. A board shall initiate proceedings to suspend or revoke a license or
shall refuse to renew a license of a person licensed by the board who is convicted in a court of
competent jurisdiction of violating section 609.224, subdivision 2, paragraph (c), 609.23, 609.231,
609.2325, 609.233, 609.2335, 609.234, 609.465, 609.466, 609.52, or 609.72, subdivision 3.
    Subd. 3. Discovery; subpoenas. In all matters pending before it relating to its lawful
regulation activities, a board may issue subpoenas and compel the attendance of witnesses
and the production of all necessary papers, books, records, documents, and other evidentiary
material. Any person failing or refusing to appear or testify regarding any matter about which the
person may be lawfully questioned or produce any papers, books, records, documents, or other
evidentiary materials in the matter to be heard, after having been required by order of the board or
by a subpoena of the board to do so may, upon application to the district court in any district,
be ordered to comply therewith; provided that in matters to which the Peace Officers Standards
and Training Board is a party, application shall be made to the district court having jurisdiction
where the event giving rise to the matter occurred. The chair of the board acting on behalf of the
board may issue subpoenas and any board member 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 any person named therein, anywhere within the state by any officer authorized to
serve subpoenas or other process or paper in civil actions, with the same fees and mileage and in
the same manner as prescribed by law for service of process issued out of the district court of this
state. Fees and mileage and other costs shall be paid as the board directs.
    Subd. 4.[Repealed, 1993 c 326 art 7 s 22]
    Subd. 5.[Repealed, 1993 c 326 art 7 s 22]
    Subd. 6.[Repealed, 1993 c 326 art 7 s 22]
    Subd. 7.[Repealed, 1993 c 326 art 7 s 22]
    Subd. 8. Special requirements for health-related licensing boards. In addition to the
provisions of this section that apply to all examining and licensing boards, the requirements in this
subdivision apply to all health-related licensing boards, except the Board of Veterinary Medicine.
(a) If the executive director or consulted board member determines that a communication
received alleges a violation of statute or rule that involves sexual contact with a patient or
client, the communication shall be forwarded to the designee of the attorney general for an
investigation of the facts alleged in the communication. If, after an investigation it is the opinion
of the executive director or consulted board member that there is sufficient evidence to justify
disciplinary action, the board shall conduct a disciplinary conference or hearing. If, after a hearing
or disciplinary conference the board determines that misconduct involving sexual contact with a
patient or client occurred, the board shall take disciplinary action. Notwithstanding subdivision 2,
a board may not attempt to correct improper activities or redress grievances through education,
conciliation, and persuasion, unless in the opinion of the executive director or consulted board
member there is insufficient evidence to justify disciplinary action. The board may settle a case by
stipulation prior to, or during, a hearing if the stipulation provides for disciplinary action.
(b) A board member who has a direct current or former financial connection or professional
relationship to a person who is the subject of board disciplinary activities must not participate in
board activities relating to that case.
(c) Each health-related licensing board shall establish procedures for exchanging information
with other Minnesota state boards, agencies, and departments responsible for regulating
health-related occupations, facilities, and programs, and for coordinating investigations involving
matters within the jurisdiction of more than one regulatory body. The procedures must provide for
the forwarding to other regulatory bodies of all information and evidence, including the results of
investigations, that are relevant to matters within that licensing body's regulatory jurisdiction.
Each health-related licensing board shall have access to any data of the Department of Human
Services relating to a person subject to the jurisdiction of the licensing board. The data shall have
the same classification under chapter 13, the Minnesota Government Data Practices Act, in the
hands of the agency receiving the data as it had in the hands of the Department of Human Services.
(d) Each health-related licensing board shall establish procedures for exchanging information
with other states regarding disciplinary actions against licensees. The procedures must provide for
the collection of information from other states about disciplinary actions taken against persons
who are licensed to practice in Minnesota or who have applied to be licensed in this state and the
dissemination of information to other states regarding disciplinary actions taken in Minnesota. In
addition to any authority in chapter 13 permitting the dissemination of data, the board may, in
its discretion, disseminate data to other states regardless of its classification under chapter 13.
Before transferring any data that is not public, the board shall obtain reasonable assurances from
the receiving state that the data will not be made public.
    Subd. 9. Acts against minors. (a) As used in this subdivision, the following terms have
the meanings given them.
(1) "Licensed person" means a person who is licensed under this chapter by the Board of
Nursing, the Board of Psychology, the Social Work Licensing Board, the Board of Marriage
and Family Therapy, the Board of Unlicensed Mental Health Service Providers, the Board of
Behavioral Health and Therapy, or the Board of Teaching.
(2) "Crime against a minor" means conduct that constitutes a violation of section 609.185,
609.19, 609.195, 609.20, 609.205, 609.21, 609.215, 609.221, 609.222, 609.223, 609.342,
609.343, 609.345, or a felony violation of section 609.377.
(b) In any license revocation proceeding, there is a rebuttable presumption that a licensed
person who is convicted in a court of competent jurisdiction of committing a crime against a
minor is unfit to practice the profession or occupation for which that person is licensed.
    Subd. 10. Board of Peace Officers Standards and Training; receipt of complaint.
Notwithstanding the provisions of subdivision 1 to the contrary, when the executive director or
any member of the Board of Peace Officer Standards and Training produces or receives a written
statement or complaint that alleges a violation of a statute or rule that the board is empowered
to enforce, the executive director shall designate the appropriate law enforcement agency to
investigate the complaint and shall order it to conduct an inquiry into the complaint's allegations.
The investigating agency must complete the inquiry and submit a written summary of it to the
executive director within 30 days of the order for inquiry.
    Subd. 11. Board of Peace Officers Standards and Training; reasonable grounds
determination. (a) After the investigation is complete, the executive director shall convene
a three-member committee of the board to determine if the complaint constitutes reasonable
grounds to believe that a violation within the board's enforcement jurisdiction has occurred. At
least two members of the committee must be board members who are peace officers. No later
than 30 days before the committee meets, the executive director shall give the licensee who is
the subject of the complaint and the complainant written notice of the meeting. The executive
director shall also give the licensee a copy of the complaint. Before making its determination, the
committee shall give the complaining party and the licensee who is the subject of the complaint a
reasonable opportunity to be heard.
(b) The committee shall, by majority vote, after considering the information supplied by the
investigating agency and any additional information supplied by the complainant or the licensee
who is the subject of the complaint, take one of the following actions:
(1) find that reasonable grounds exist to believe that a violation within the board's
enforcement jurisdiction has occurred and order that an administrative hearing be held;
(2) decide that no further action is warranted; or
(3) continue the matter.
The executive director shall promptly give notice of the committee's action to the
complainant and the licensee.
(c) If the committee determines that a complaint does not relate to matters within its
enforcement jurisdiction but does relate to matters within another state or local agency's
enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.
    Subd. 12. Board of Peace Officers Standards and Training; administrative hearing;
board action. (a) Notwithstanding the provisions of subdivision 2 to the contrary, an
administrative hearing shall be held if ordered by the committee under subdivision 11, paragraph
(b). After the administrative hearing is held, the administrative law judge shall refer the matter to
the full board for final action.
(b) Before the board meets to take action on the matter and the executive director must notify
the complainant and the licensee who is the subject of the complaint. After the board meets, the
executive director must promptly notify these individuals and the chief law enforcement officer of
the agency employing the licensee of the board's disposition.
    Subd. 13. Board of Peace Officers Standards and Training; definition. As used in
subdivisions 10 to 12, "appropriate law enforcement agency" means the law enforcement agency
assigned by the executive director and the chair of the committee of the board convened under
subdivision 11.
History: 1976 c 222 s 5; 1977 c 326 s 10; 1979 c 117 s 1-5; 1981 c 310 s 15; 1982 c 424 s
130; 1985 c 247 s 22,23,25; 1986 c 444; 1987 c 384 art 2 s 1; 1988 c 557 s 5; 1991 c 265 art 9
s 62; 1993 c 326 art 7 s 4-7; 1995 c 164 s 33; 1995 c 229 art 4 s 10; 1Sp1997 c 3 s 25; 1999
c 227 s 22; 2000 c 284 s 7; 2003 c 118 s 21

214.101 CHILD SUPPORT; SUSPENSION OF LICENSE.
    Subdivision 1. Court order; hearing on suspension. (a) For purposes of this section,
"licensing board" means a licensing board or other state agency that issues an occupational license.
(b) If a licensing board receives an order from a court or a child support magistrate or a notice
from a public authority responsible for child support enforcement under section 518A.66 dealing
with suspension of a license of a person found by the court or the public authority to be in arrears
in child support or maintenance payments, or both, the board shall, within 30 days of receipt of
the order or public authority notice, suspend the license as directed by the order or notice.
    Subd. 2.[Repealed, 1995 c 257 art 1 s 36]
    Subd. 3.[Repealed, 1995 c 257 art 1 s 36]
    Subd. 4. Verification of payments. A board may not issue, reinstate, or renew a license of a
person who has been suspended or is the subject of an order or notice under this section until it
receives notification from the court, child support magistrate, or public authority that referred
the matter to the board confirming that the applicant is not in arrears in either child support or
maintenance payments, or confirming that the person is in compliance with a written payment
plan regarding both current support and arrearages.
    Subd. 5. Application. This section applies to support obligations ordered by any state,
territory, or district of the United States.
History: 1991 c 292 art 5 s 4; 1993 c 322 s 1,2; 1993 c 340 s 2; 1994 c 630 art 11 s 3; 1995
c 257 art 1 s 12,13; 1999 c 196 art 2 s 5,6; 2005 c 164 s 29; 1Sp2005 c 7 s 28

214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT, INVESTIGATION,
AND HEARING.
    Subdivision 1. Application. For purposes of this section, "board" means "health-related
licensing board" and does not include the non-health-related licensing boards. Nothing in this
section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as they apply to the health-related
licensing boards.
    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints or other
communications, whether oral or written, against regulated persons. Before resolving an oral
complaint, the executive director or a board member designated by the board to review complaints
may require the complainant to state the complaint in writing. The executive director or the
designated board member shall determine whether the complaint alleges or implies a violation of a
statute or rule which the board is empowered to enforce. The executive director or the designated
board member may consult with the designee of the attorney general as to a board's jurisdiction
over a complaint. If the executive director or the designated board member determines that it is
necessary, the executive director may seek additional information to determine whether the
complaint is jurisdictional or to clarify the nature of the allegations by obtaining records or other
written material, obtaining a handwriting sample from the regulated person, clarifying the alleged
facts with the complainant, and requesting a written response from the subject of the complaint.
    Subd. 3. Referral to other agencies. The executive director shall forward to another
governmental agency any complaints received by the board which do not relate to the board's
jurisdiction but which relate to matters within the jurisdiction of another governmental agency.
The agency shall advise the executive director of the disposition of the complaint. A complaint or
other information received by another governmental agency relating to a statute or rule which
a board is empowered to enforce must be forwarded to the executive director of the board to
be processed in accordance with this section.
    Subd. 4. Role of the attorney general. The executive director or the designated board
member shall forward a complaint and any additional information to the designee of the attorney
general when the executive director or the designated board member determines that a complaint
is jurisdictional and:
(1) requires investigation before the executive director or the designated board member
may resolve the complaint;
(2) that attempts at resolution for disciplinary action or the initiation of a contested case
hearing is appropriate;
(3) that an agreement for corrective action is warranted; or
(4) that the complaint should be dismissed, consistent with subdivision 8.
    Subd. 5. Investigation by attorney general. If the executive director or the designated board
member determines that investigation is necessary before resolving the complaint, the executive
director shall forward the complaint and any additional information to the designee of the attorney
general. The designee of the attorney general shall evaluate the communications forwarded and
investigate as appropriate. The designee of the attorney general may also investigate any other
complaint forwarded under subdivision 3 when the designee of the attorney general determines
that investigation is necessary. In the process of evaluation and investigation, the designee shall
consult with or seek the assistance of the executive director or the designated board member. The
designee may also consult with or seek the assistance of other qualified persons who are not
members of the board who the designee believes will materially aid in the process of evaluation or
investigation. Upon completion of the investigation, the designee shall forward the investigative
report to the executive director.
    Subd. 6. Attempts at resolution. (a) At any time after receipt of a complaint, the executive
director or the designated board member may attempt to resolve the complaint with the
regulated person. The available means for resolution include a conference or any other written
or oral communication with the regulated person. A conference may be held for the purposes
of investigation, negotiation, education, or conciliation. The results of attempts at resolution
with the regulated person may include a recommendation to the board for disciplinary action,
an agreement between the executive director or the designated board member and the regulated
person for corrective action, or the dismissal of a complaint. If attempts at resolution are not in the
public interest or are not satisfactory to the executive director or the designated board member,
then the executive director or the designated board member may initiate a contested case hearing.
(1) The designee of the attorney general shall represent the board in all attempts at resolution
which the executive director or the designated board member anticipate may result in disciplinary
action. A stipulation between the executive director or the designated board member and the
regulated person shall be presented to the board for the board's consideration. An approved
stipulation and resulting order shall become public data.
(2) The designee of the attorney general shall represent the board upon the request of the
executive director or the designated board member in all attempts at resolution which the executive
director or the designated board member anticipate may result in corrective action. Any agreement
between the executive director or the designated board member and the regulated person for
corrective action shall be in writing and shall be reviewed by the designee of the attorney general
prior to its execution. The agreement for corrective action shall provide for dismissal of the
complaint upon successful completion by the regulated person of the corrective action.
(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a client, the
board must forward the complaint to the designee of the attorney general for an investigation.
If, after it is investigated, the complaint appears to provide a basis for disciplinary action, the
board shall resolve the complaint by disciplinary action or initiate a contested case hearing.
Notwithstanding paragraph (a), clause (2), a board may not take corrective action or dismiss a
complaint alleging sexual contact or sexual conduct with a client unless, in the opinion of the
executive director, the designated board member, and the designee of the attorney general, there is
insufficient evidence to justify disciplinary action.
    Subd. 7. Contested case hearing. If the executive director or the designated board member
determines that attempts at resolution of a complaint are not in the public interest or are not
satisfactory to the executive director or the designated board member, the executive director
or the designated board member, after consultation with the designee of the attorney general,
may initiate a contested case hearing under chapter 14. The designated board member or any
board member who was consulted during the course of an investigation may participate at the
contested case hearing. A designated or consulted board member may not deliberate or vote in
any proceeding before the board pertaining to the case.
    Subd. 8. Dismissal of a complaint. A complaint may not be dismissed without the
concurrence of two board members. The designee of the attorney general must review before
dismissal any complaints which allege any violation of chapter 609, any conduct which would be
required to be reported under section 626.556 or 626.557, any sexual contact or sexual conduct
with a client, any violation of a federal law, any actual or potential inability to practice the
regulated profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any
other materials, or as a result of any mental or physical condition, any violation of state medical
assistance laws, or any disciplinary action related to credentialing in another jurisdiction or
country which was based on the same or related conduct specified in this subdivision.
    Subd. 9. Information to complainant. A board shall furnish to a person who made a
complaint a description of the actions of the board relating to the complaint.
    Subd. 10. Prohibited participation by board member. A board member who has actual
bias or a current or former direct financial or professional connection with a regulated person
may not vote in board actions relating to the regulated person.
History: 1Sp1993 c 1 art 9 s 70; 1994 c 465 art 1 s 26; 1995 c 164 s 34; 2005 c 147 art 5 s 24

214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED
MALTREATMENT.
(a) A health-related licensing board shall make determinations as to whether regulated
persons who are under the board's jurisdiction should be the subject of disciplinary or corrective
action because of substantiated maltreatment under section 626.556 or 626.557. The board shall
make a determination upon receipt, and after the review, of an investigation memorandum or
other notice of substantiated maltreatment under section 626.556 or 626.557, or of a notice
from the commissioner of human services that a background study of a regulated person shows
substantiated maltreatment.
(b) Upon completion of its review of a report of substantiated maltreatment, the board
shall notify the commissioner of human services of its determination. The board shall notify
the commissioner of human services if, following a review of the report of substantiated
maltreatment, the board determines that it does not have jurisdiction in the matter and the
commissioner shall make the appropriate disqualification decision regarding the regulated person
as otherwise provided in chapter 245C. The board shall also notify the commissioner of health
or the commissioner of human services immediately upon receipt of knowledge of a facility or
program allowing a regulated person to provide direct contact services at the facility or program
while not complying with requirements placed on the regulated person.
(c) In addition to any other remedy provided by law, the board may, through its designated
board member, temporarily suspend the license of a licensee; deny a credential to an applicant; or
require the regulated person to be continuously supervised, if the board finds there is probable
cause to believe the regulated person referred to the board according to paragraph (a) poses an
immediate risk of harm to vulnerable persons. The board shall consider all relevant information
available, which may include but is not limited to:
(1) the extent the action is needed to protect persons receiving services or the public;
(2) the recency of the maltreatment;
(3) the number of incidents of maltreatment;
(4) the intrusiveness or violence of the maltreatment; and
(5) the vulnerability of the victim of maltreatment.
The action shall take effect upon written notice to the regulated person, served by certified
mail, specifying the statute violated. The board shall notify the commissioner of health or the
commissioner of human services of the suspension or denial of a credential. The action shall
remain in effect until the board issues a temporary stay or a final order in the matter after a hearing
or upon agreement between the board and the regulated person. At the time the board issues the
notice, the regulated person shall inform the board of all settings in which the regulated person is
employed or practices. The board shall inform all known employment and practice settings of the
board action and schedule a disciplinary hearing to be held under chapter 14. The board shall
provide the regulated person with at least 30 days' notice of the hearing, unless the parties agree
to a hearing date that provides less than 30 days' notice, and shall schedule the hearing to begin
no later than 90 days after issuance of the notice of hearing.
History: 2000 c 319 s 2; 1Sp2001 c 9 art 14 s 3; 2002 c 379 art 1 s 113; 2003 c 15 art 1 s 33

214.105 HEALTH-RELATED LICENSING BOARDS; DEFAULT ON FEDERAL LOANS
OR SERVICE OBLIGATIONS.
A health-related licensing board may refuse to grant a license or may impose disciplinary
action against a person regulated by the board if the person is intentionally in nonpayment,
default, or breach of a repayment or service obligation under any federal educational loan, loan
repayment, or service conditional scholarship program. The board shall consider the reasons
for nonpayment, default, or breach of a repayment or service obligation and may not impose
disciplinary action against a person in cases of total and permanent disability or long-term
temporary disability lasting more than a year.
History: 1Sp2001 c 9 art 13 s 6; 2002 c 379 art 1 s 113

214.106 HEALTH-RELATED BOARDS; RESPONSE TO INSURANCE FRAUD.
A health-related board may revoke, suspend, condition, limit, restrict, or qualify a license to
practice when clear and convincing evidence indicates the licensee has committed insurance fraud
or subsequent to a conviction relating to fraud.
History: 2005 c 147 art 11 s 5

214.11 ADDITIONAL REMEDY.
In addition to any other remedy provided by law, a licensing board may in its own name
bring an action in district court for injunctive relief to restrain any unauthorized practice or
violation or threatened violation of any statute or rule which the board is empowered to regulate
or enforce. A temporary restraining order may be granted in the proceeding if continued activity
by a person would create an imminent risk of harm to others. Injunctive relief granted pursuant
to this section shall not relieve a person enjoined from criminal prosecution by any competent
authority or from disciplinary action by the board in respect to the person's license or application
for license or renewal.
History: 1976 c 222 s 6

214.12 CONTINUING EDUCATION.
    Subdivision 1. Requirements. The health-related and non-health-related licensing boards
may promulgate by rule requirements for renewal of licenses designed to promote the continuing
professional competence of licensees. These requirements of continuing professional education or
training shall be designed solely to improve professional skills and shall not exceed an average
attendance requirement of 50 clock hours per year. All requirements promulgated by the boards
shall be effective commencing January 1, 1977, or at a later date as the board may determine. The
50 clock hour limitation shall not apply to the board of teaching.
    Subd. 2.[Repealed, 1999 c 5 s 1]
    Subd. 3. Fetal alcohol syndrome. The Board of Medical Practice and the Board of Nursing
shall require by rule that family practitioners, pediatricians, obstetricians and gynecologists,
and other licensees who have primary responsibility for diagnosing and treating fetal alcohol
syndrome in pregnant women or children receive education on the subject of fetal alcohol
syndrome and fetal alcohol effects, including how to: (1) screen pregnant women for alcohol
abuse; (2) identify affected children; and (3) provide referral information on needed services.
History: 1976 c 222 s 7; 1992 c 559 art 1 s 8; 1997 c 203 art 2 s 24

214.121 PRICE DISCLOSURE REMINDER.
Each health-related licensing board shall at least annually inform and remind its licensees of
the price disclosure requirements of section 62J.052 or 151.214, as applicable, through the board's
regular means of communicating with its licensees.
History: 2006 c 267 art 1 s 8

214.13 HUMAN SERVICES OCCUPATIONS.
    Subdivision 1. Application for credential. The commissioner of health shall promote the
recognition of human services occupations useful in the effective delivery of human services. The
commissioner shall coordinate the development of a credentials policy among the health-related
licensing boards consistent with section 214.001. The commissioner shall, consistent with
section 214.001, establish procedures for the identification of human services occupations
not now credentialed by the state, recommend appropriate regulatory modes, and promulgate
by rule standards and procedures relating to the credentialing of persons practicing in the
affected occupations. At the time of submission of a letter of intent to enter the credentialing
process, an occupational applicant group shall pay a fee of $1,000 to the commissioner. The
fee is nonrefundable and must be deposited with the commissioner of finance and credited to
the general fund. The commissioner may require an occupational applicant group to submit
information relating to, and to recommend and justify regulatory modes and standards consistent
with, the provisions of section 214.001. If the commissioner determines that credentialing of an
occupation is appropriate, the commissioner is empowered only to register the occupation. Before
promulgating any rules resulting in registration for an occupation the commissioner shall consult
with state boards or agencies charged with regulating similar occupations in order to define the
scope and range of practice for the registered occupation and the degree of supervision required.
As used in this section, registration is defined as in section 214.001, subdivision 3, clause (c).
    Subd. 2. Other agency's comment. Before promulgating any rules regulating a specific
occupation under this section, the commissioner shall determine whether a substantial number
of persons in that occupation will be employed by an employer who is regulated by or funded
through another state agency. If the commissioner so determines, then the commissioner must
submit the proposed rules to the head or governing board of that agency for review and comment.
The agency shall review the rules to insure compliance with laws which are administered or
enforced by that agency. Agency comment shall be forwarded to the commissioner within 90
days of receiving the proposed rules. After receipt of agency comment, the commissioner may
proceed to promulgate the rules.
    Subd. 3. Rules; effect; report. Rules promulgated by the commissioner pursuant to
subdivision 1 may include procedures and standards relating to the registration requirement, the
scope of authorized practice, fees, supervision required, continuing education, career progression
and disciplinary matters. Notwithstanding any law to the contrary, persons registered under the
authority of the rules promulgated by the commissioner shall not, for a period of four years
after the effective date of the rules, be subject to any action by a health-related licensing board
for violation of the board's laws or rules provided the person's practice or conduct is recognized
by the rules promulgated by the commissioner. Three years after the effective date of the
commissioner's rules, the commissioner shall make a report to the legislature on the usefulness of
the new occupational group, any problems encountered in administering the regulation of the
group, and any necessary statutory changes recommended to continue, discontinue, or modify
the regulation of the group.
    Subd. 4. Delegation of regulation activities. The commissioner of health shall wherever
possible delegate the administration of regulation activities to a health-related licensing board
with the concurrence of that board. If the commissioner of health delegates this function, the
licensing board may regularly bill the commissioner of health for the cost of performing this
function. The licensing board may directly set and charge fees in accordance with the provisions
of section 214.06. The commissioner of health may establish an advisory council to advise
the commissioner or the appropriate health-related licensing board on matters relating to the
registration and regulation of an occupation. A council shall have seven members appointed by
the commissioner of which five are members of the registered occupation or related registered
or licensed occupations, and two are public members. A council shall expire, and the terms,
compensation and removal of members shall be as provided in section 15.059.
    Subd. 5. Recommendation on regulation; application renewal. The commissioner of
health shall exercise care to prevent the proliferation of unessential registered human services
occupations. In evaluating a currently unregistered occupation the commissioner may determine
that registration of the occupation is not appropriate, but that implementation of another mode
as set forth in section 214.001, subdivision 3, is appropriate. For a period of two years after
a determination by the commissioner as to the appropriate regulatory mode, if any, for an
occupational applicant group, the same or substantially equivalent group may not submit a letter
of intent to enter the credentialing process, unless invited to do so by the commissioner.
    Subd. 6. Complaints. The provisions of section 214.10 shall apply to any complaint or other
communication, whether oral or written, received by the commissioner of health which alleges or
implies a violation of a statute or rule which the commissioner is empowered to enforce relating
to a specific occupational group for which a registration requirement has been created pursuant
to this section.
    Subd. 7. Delegation of certain other duties. The duties of the executive director, executive
secretary, or board members specified in section 214.10, subdivisions 1 and 2, shall be performed
with respect to occupations regulated pursuant to this section by the advisory council established
under subdivision 4, or if no council has been created, by the health-related licensing board which
has been delegated the administration of regulation activities, or if no such delegation has been
made, by a staff member appointed by the commissioner. For the purposes of subdivision 6 and
this subdivision, the commissioner may exercise the powers granted to boards by section 214.10,
subdivision 3 , when carrying out the duties of this subdivision.
History: 1976 c 222 s 8; 1977 c 305 s 45; 1980 c 412 s 14,15; 1983 c 260 s 49; 1984 c 654
art 5 s 11-15; 1985 c 247 s 25; 1985 c 248 s 38; 1986 c 444; 1987 c 384 art 2 s 1; 1994 c 465 art
2 s 16; 1997 c 7 art 2 s 28; 2003 c 112 art 2 s 50

214.131 COMMISSIONER CEASE AND DESIST AUTHORITY; NONCOMPLIANCE.
    Subdivision 1. Cease and desist order. The commissioner of health may issue a cease and
desist order to stop a person from engaging in an unauthorized practice or violating or threatening
to violate a statute, rule, or order that the commissioner of health 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 after
service of the order, the subject of the order fails to request a hearing in writing, the cease and
desist order becomes final.
A hearing must be initiated by the commissioner of health not later than 30 days after the
date the commissioner receives a written hearing request. Within 30 days after receiving the
administrative law judge's report, the commissioner of health 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 commissioner of health.
When a request for a stay accompanies a timely hearing request, the commissioner of health
may grant the stay. If the commissioner does not grant a requested stay, the commissioner
shall refer the request to the Office of Administrative Hearings within three work days after
receiving the request. Within ten days after receiving the request from the commissioner of
health, an administrative law judge shall issue a recommendation to grant or deny the stay. The
commissioner of health shall grant or deny the stay within five work days after receiving the
administrative law judge's recommendation.
In the event of noncompliance with a cease and desist order, the commissioner of health
may institute a proceeding in a district court to obtain injunctive relief or other appropriate relief,
including a civil penalty payable to the commissioner of health not exceeding $10,000 for each
separate violation.
    Subd. 2. Civil penalty. When the commissioner of health finds that a person has violated one
or more provisions of any statute, rule, or order that the commissioner of health is empowered to
regulate, enforce, or issue, the commissioner of health may impose, for each violation, a civil
penalty that deprives the person of any economic advantage gained by the violation, or that
reimburses the Department of Health for costs of the investigation and proceeding, or both.
    Subd. 3. Injunctive relief. In addition to any other remedy provided by law, the
commissioner of health may bring an action in district court for injunctive relief to restrain any
unauthorized practice or violation of any statute, rule, or order that the commissioner of health is
empowered to regulate, enforce, or issue. A temporary restraining order may be granted in the
proceeding if continued activity by a person would create a serious risk of harm to others.
    Subd. 4. Additional powers. The issuance of a cease and desist order or injunctive relief
granted under this section does not relieve a person from criminal prosecution by any competent
authority or from disciplinary action by the commissioner of health. Any violation of any order of
the commissioner is a misdemeanor.
History: 1993 c 201 s 6

214.14 [Repealed, 1983 c 260 s 68]

214.141 [Repealed, 1Sp1993 c 1 art 9 s 75]

214.15 TRADE REGULATION.
Notwithstanding any other law to the contrary, members of occupations regulated by the
licensing boards may advertise, but advertisements must not be inconsistent with rules relating to
advertising format and substance which each board is herewith empowered to adopt if that board
had statutory advertising limitations on the effective date of the rules. A board may adopt rules
relating to minimum fees, splitting of fees, referral fees, compensation, hours of practice, or other
practice limitations, but only if (a) the governor or the board had specific statutory limitations
or specific statutory authority to adopt the rules on the effective date of the rules, (b) the rules
are not inconsistent with other law and (c) the rules are immediately and directly related to the
protection of the safety and well-being of citizens of the state.
History: 1980 c 596 s 6

214.16 DATA COLLECTION; HEALTH CARE PROVIDER TAX.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given them.
(a) "Board" means the Boards of Medical Practice, Chiropractic Examiners, Nursing,
Optometry, Dentistry, Pharmacy, Psychology, Social Work, Marriage and Family Therapy, and
Podiatry.
(b) "Regulated person" means a licensed physician, chiropractor, nurse, optometrist, dentist,
pharmacist, psychologist, social worker, marriage and family therapist, or podiatrist.
    Subd. 2. Board cooperation required. The board shall assist the commissioner of health
in data collection activities required under Laws 1992, chapter 549, article 7, and shall assist
the commissioner of revenue in activities related to collection of the health care provider tax
required under Laws 1992, chapter 549, article 9. Upon the request of the commissioner or the
commissioner of revenue, the board shall make available names and addresses of current licensees
and provide other information or assistance as needed.
    Subd. 3. Grounds for disciplinary action. The board shall take disciplinary action, which
may include license revocation, against a regulated person for:
(1) intentional failure to provide the commissioner of health with the data required under
chapter 62J;
(2) intentional failure to provide the commissioner of revenue with data on gross revenue
and other information required for the commissioner to implement sections 295.50 to 295.58;
(3) intentional failure to pay the health care provider tax required under section 295.52; and
(4) entering into a contract or arrangement that is prohibited under sections 62J.70 to 62J.73.
History: 1992 c 549 art 7 s 8; 1993 c 345 art 3 s 18; art 12 s 8; 1995 c 234 art 5 s 20,21;
1997 c 237 s 17,18

HIV, HBV, AND HCV PREVENTION PROGRAM

214.17 HIV, HBV, AND HCV PREVENTION PROGRAM; PURPOSE AND SCOPE.
Sections 214.17 to 214.25 are intended to promote the health and safety of patients and
regulated persons by reducing the risk of infection in the provision of health care.
History: 1992 c 559 art 1 s 9

214.18 DEFINITIONS.
    Subdivision 1. Board. "Board" means the Boards of Dentistry, Medical Practice, Nursing,
and Podiatric Medicine. For purposes of sections 214.19, subdivisions 4 and 5; 214.20, paragraph
(1) ; and 214.24, board also includes the Board of Chiropractic Examiners.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of health.
    Subd. 3. HBV. "HBV" means the hepatitis B virus with the e antigen present in the most
recent blood test.
    Subd. 3a. HCV. "HCV" means the hepatitis C virus.
    Subd. 4. HIV. "HIV" means the human immunodeficiency virus.
    Subd. 5. Regulated person. "Regulated person" means a licensed dental hygienist, dentist,
physician, nurse who is currently registered as a registered nurse or licensed practical nurse,
podiatrist, a registered dental assistant, a physician's assistant, and for purposes of sections 214.19,
subdivisions 4 and 5 ; 214.20, paragraph (a); and 214.24, a chiropractor.
History: 1992 c 559 art 1 s 10; 2000 c 422 s 19,20

214.19 REPORTING OBLIGATIONS.
    Subdivision 1. Permission to report. A person with actual knowledge that a regulated person
has been diagnosed as infected with HIV, HBV, or HCV may file a report with the commissioner.
    Subd. 2. Self-reporting. A regulated person who is diagnosed as infected with HIV, HBV,
or HCV shall report that information to the commissioner promptly, and as soon as medically
necessary for disease control purposes but no more than 30 days after learning of the diagnosis
or 30 days after becoming licensed or registered by the state.
    Subd. 3. Mandatory reporting. A person or institution required to report HIV, HBV, or
HCV status to the commissioner under Minnesota Rules, parts 4605.7030, subparts 1 to 4 and 6,
and 4605.7040, shall, at the same time, notify the commissioner if the person or institution knows
that the reported person is a regulated person.
    Subd. 4. Infection control reporting. A regulated person shall, within ten days, report to
the appropriate board personal knowledge of a serious failure or a pattern of failure by another
regulated person to comply with accepted and prevailing infection control procedures related
to the prevention of HIV, HBV, and HCV transmission. In lieu of reporting to the board, the
regulated person may make the report to a designated official of the hospital, nursing home, clinic,
or other institution or agency where the failure to comply with accepted and prevailing infection
control procedures occurred. The designated official shall report to the appropriate board within
30 days of receiving a report under this subdivision. The report shall include specific information
about the response by the institution or agency to the report. A regulated person shall not be
discharged or discriminated against for filing a complaint in good faith under this subdivision.
    Subd. 5. Immunity. A person is immune from civil liability or criminal prosecution for
submitting a report in good faith to the commissioner or to a board under this section.
History: 1992 c 559 art 1 s 11; 2000 c 422 s 21

214.20 GROUNDS FOR DISCIPLINARY OR RESTRICTIVE ACTION.
A board may refuse to grant a license or registration or may impose disciplinary or restrictive
action against a regulated person who:
(1) fails to follow accepted and prevailing infection control procedures, including a failure
to conform to current recommendations of the Centers for Disease Control for preventing the
transmission of HIV, HBV, and HCV, or fails to comply with infection control rules promulgated
by the board. Injury to a patient need not be established;
(2) fails to comply with any requirement of sections 214.17 to 214.24; or
(3) fails to comply with any monitoring or reporting requirement.
History: 1992 c 559 art 1 s 12; 2000 c 422 s 22

214.21 TEMPORARY SUSPENSION.
The board may, without hearing, temporarily suspend the right to practice of a regulated
person if the board finds that the regulated person has refused to submit to or comply with
monitoring under section 214.23. The suspension shall take effect upon written notice to the
regulated person specifying the statute or rule violated. The suspension shall remain in effect until
the board issues a final order based on a stipulation or after a hearing. At the time the board issues
the suspension notice, the board shall schedule a disciplinary hearing to be held under chapter
14. The regulated person shall be provided with at least 20 days' notice of a hearing held under
this section. The hearing shall be scheduled to begin no later than 30 days after the issuance of
the suspension order.
History: 1992 c 559 art 1 s 13

214.22 NOTICE; ACTION.
If the board has reasonable grounds to believe a regulated person infected with HIV, HBV,
or HCV has done or omitted doing any act that would be grounds for disciplinary action under
section 214.20, the board may take action after giving notice three business days before the action,
or a lesser time if deemed necessary by the board. The board may:
(1) temporarily suspend the regulated person's right to practice under section 214.21;
(2) require the regulated person to appear personally at a conference with representatives
of the board and to provide information relating to the regulated person's health or professional
practice; and
(3) take any other lesser action deemed necessary by the board for the protection of the public.
History: 1992 c 559 art 1 s 14; 2000 c 422 s 23

214.23 MONITORING.
    Subdivision 1. Commissioner of health. The board shall enter into a contract with the
commissioner to perform the functions in subdivisions 2 and 3. The contract shall provide that:
(1) unless requested to do otherwise by a regulated person, a board shall refer all regulated
persons infected with HIV, HBV, or HCV to the commissioner;
(2) the commissioner may choose to refer any regulated person who is infected with HIV,
HBV, or HCV as well as all information related thereto to the person's board at any time for any
reason, including but not limited to: the degree of cooperation and compliance by the regulated
person; the inability to secure information or the medical records of the regulated person; or
when the facts may present other possible violations of the regulated persons practices act. Upon
request of the regulated person who is infected with HIV, HBV, or HCV the commissioner shall
refer the regulated person and all information related thereto to the person's board. Once the
commissioner has referred a regulated person to a board, the board may not thereafter submit it
to the commissioner to establish a monitoring plan unless the commissioner of health consents
in writing;
(3) a board shall not take action on grounds relating solely to the HIV, HBV, or HCV status
of a regulated person until after referral by the commissioner; and
(4) notwithstanding sections 13.39 and 13.41 and chapters 147, 147A, 148, 150A, 153, and
214, a board shall forward to the commissioner any information on a regulated person who is
infected with HIV, HBV, or HCV that the Department of Health requests.
    Subd. 2. Monitoring plan. After receiving a report that a regulated person is infected with
HIV, HBV, or HCV, the board or the commissioner acting on behalf of the board shall evaluate
the past and current professional practice of the regulated person to determine whether there has
been a violation under section 214.20. After evaluation of the regulated person's past and current
professional practice, the board or the commissioner, acting on behalf of the board, shall establish
a monitoring plan for the regulated person. The monitoring plan may:
(1) address the scope of a regulated person's professional practice when the board or
the commissioner, acting on behalf of the board, determines that the practice constitutes an
identifiable risk of transmission of HIV, HBV, or HCV from the regulated person to the patient;
(2) include the submission of regular reports at a frequency determined by the board or the
commissioner, acting on behalf of the board, regarding the regulated person's health status; and
(3) include any other provisions deemed reasonable by the board or the commissioner of
health, acting on behalf of the board.
The board or commissioner, acting on behalf of the board, may enter into agreements with
qualified persons to perform monitoring on its behalf. The regulated person shall comply with any
monitoring plan established under this subdivision.
    Subd. 3. Expert review panel. The board or the commissioner acting on behalf of the
board may appoint an expert review panel to assist in the performance of the responsibilities
under this section. In consultations with the expert review panel, the commissioner or board
shall, to the extent possible, protect the identity of the regulated person. When an expert review
panel is appointed, it must contain at least one member appointed by the commissioner and one
professional member appointed by the board. The panel shall provide expert assistance to the
board, or to the commissioner acting on behalf of the board, in the subjects of infectious diseases,
epidemiology, practice techniques used by regulated persons, and other subjects determined by
the board or by the commissioner acting on behalf of the board. Members of the expert review
panel are subject to those provisions of chapter 13 that restrict the commissioner or the board
under Laws 1992, chapter 559, article 1.
    Subd. 4. Immunity. Members of the board or the commissioner acting on behalf of the
board, and persons who participate on an expert review panel or who assist the board or the
commissioner in monitoring the practice of a regulated person, are immune from civil liability
or criminal prosecution for any actions, transactions, or publications made in good faith and in
execution of, or relating to, their duties under sections 214.17 to 214.24, except that no immunity
shall be available for persons who have knowingly violated any provision of chapter 13.
History: 1992 c 559 art 1 s 15; 1995 c 205 art 2 s 7; 2000 c 422 s 24,25

214.24 INSPECTION OF PRACTICE.
    Subdivision 1. Authority. The board is authorized to conduct inspections of the clinical
practice of a regulated person to determine whether the regulated person is following accepted and
prevailing infection control procedures. The board shall provide at least three business days' notice
to the clinical practice prior to the inspection. The clinical practice of a regulated person includes
any location where the regulated person practices that is not an institution licensed and subject
to inspection by the commissioner of health. During the course of inspections the privacy and
confidentiality of patients and regulated persons shall be maintained. The board may require on
license renewal forms that regulated persons inform the board of all locations where they practice.
    Subd. 2. Access; records. An inspector from the board shall have access, during reasonable
business hours for purposes of inspection, to all areas of the practice setting where patient care is
rendered or drugs or instruments are held that come into contact with a patient. An inspector is
authorized to interview employees and regulated persons in the performance of an inspection,
to observe infection control procedures, test equipment used to sterilize instruments, and to
review and copy all relevant records, excluding patient health records. In performing these
responsibilities, inspectors shall make reasonable efforts to respect and preserve patient privacy
and the privacy of the regulated person. Boards are authorized to conduct joint inspections and to
share information obtained under this section. The boards shall contract with the commissioner
to perform the duties under this subdivision.
    Subd. 3. Board action. If accepted and prevailing infection control techniques are not being
followed, the board may educate the regulated person or take other actions. The board and the
inspector shall maintain patient confidentiality in any action resulting from the inspection.
    Subd. 4. Rulemaking. A board is authorized to adopt rules setting standards for infection
control procedures. Boards shall engage in joint rulemaking. Boards must seek and consider the
advice of the commissioner of health before adopting rules. No inspections shall be conducted
under this section until after infection control rules have been adopted. Each board is authorized to
provide educational information and training to regulated persons regarding infection control. All
regulated persons who are employers shall make infection control rules available to employees
who engage in functions related to infection control.
History: 1992 c 559 art 1 s 16

214.25 DATA PRIVACY.
    Subdivision 1. Board data. (a) All data collected or maintained as part of the board's
duties under sections 214.19, 214.23, and 214.24 shall be classified as investigative data under
section 13.39 except that inactive investigative data shall be classified as private data under
section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9, in the case
of data not on individuals.
(b) Notwithstanding section 13.05, subdivision 9, data addressed in this subdivision shall not
be disclosed except as provided in this subdivision or section 13.04; except that the board may
disclose to the commissioner under section 214.23.
    Subd. 2. Commissioner of health data. (a) All data collected or maintained as part of the
commissioner of health's duties under sections 214.19, 214.23, and 214.24 shall be classified as
investigative data under section 13.39, except that inactive investigative data shall be classified
as private data under section 13.02, subdivision 12, or nonpublic data under section 13.02,
subdivision 9 , in the case of data not on individuals.
(b) Notwithstanding section 13.05, subdivision 9, data addressed in this subdivision shall not
be disclosed except as provided in this subdivision or section 13.04; except that the commissioner
may disclose to the boards under section 214.23.
(c) The commissioner may disclose data addressed under this subdivision as necessary: to
identify, establish, implement, and enforce a monitoring plan; to investigate a regulated person; to
alert persons who may be threatened by illness as evidenced by epidemiologic data; to control
or prevent the spread of HIV, HBV, or HCV disease; or to diminish an imminent threat to the
public health.
History: 1992 c 559 art 1 s 17; 2000 c 422 s 26

DIVERSION PROGRAMS

214.28 DIVERSION PROGRAM.
A health-related licensing board may establish performance criteria and contract for a
diversion program for regulated professionals who are unable to practice with reasonable skill and
safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result
of any mental, physical, or psychological condition.
History: 2000 c 284 s 8

214.29 PROGRAM REQUIRED.
Each health-related licensing board, including the Emergency Medical Services Regulatory
Board under chapter 144E, shall either conduct a health professionals service program under
sections 214.31 to 214.37 or contract for a diversion program under section 214.28.
History: 2000 c 284 s 9

HEALTH PROFESSIONALS SERVICES PROGRAM

214.31 AUTHORITY.
Two or more of the health-related licensing boards listed in section 214.01, subdivision 2,
may jointly conduct a health professionals services program to protect the public from persons
regulated by the boards who are unable to practice with reasonable skill and safety by reason of
illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental,
physical, or psychological condition. The program does not affect a board's authority to discipline
violations of a board's practice act. For purposes of sections 214.31 to 214.37, the emergency
medical services regulatory board shall be included in the definition of a health-related licensing
board under chapter 144E.
History: 1994 c 556 s 2; 2000 c 284 s 10

214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
    Subdivision 1. Management. (a) A Health Professionals Services Program Committee
is established, consisting of one person appointed by each participating board, with each
participating board having one vote. The committee shall designate one board to provide
administrative management of the program, set the program budget and the pro rata share of
program expenses to be borne by each participating board, provide guidance on the general
operation of the program, including hiring of program personnel, and ensure that the program's
direction is in accord with its authority. If the participating boards change which board is
designated to provide administrative management of the program, any appropriation remaining for
the program shall transfer to the newly designated board on the effective date of the change. The
participating boards must inform the appropriate legislative committees and the commissioner of
finance of any change in the administrative management of the program, and the amount of any
appropriation transferred under this provision.
(b) The designated board, upon recommendation of the Health Professional Services Program
Committee, shall hire the program manager and employees and pay expenses of the program from
funds appropriated for that purpose. The designated board may apply for grants to pay program
expenses and may enter into contracts on behalf of the program to carry out the purposes of the
program. The participating boards shall enter into written agreements with the designated board.
(c) An advisory committee is established to advise the program committee consisting of:
(1) one member appointed by each of the following: the Minnesota Academy of Physician
Assistants, the Minnesota Dental Association, the Minnesota Chiropractic Association, the
Minnesota Licensed Practical Nurse Association, the Minnesota Medical Association, the
Minnesota Nurses Association, and the Minnesota Podiatric Medicine Association;
(2) one member appointed by each of the professional associations of the other professions
regulated by a participating board not specified in clause (1); and
(3) two public members, as defined by section 214.02.
Members of the advisory committee shall be appointed for two years and members may be
reappointed.
The advisory committee expires June 30, 2007.
    Subd. 2. Services. (a) The program shall provide the following services to program
participants:
(1) referral of eligible regulated persons to qualified professionals for evaluation, treatment,
and a written plan for continuing care consistent with the regulated person's illness. The referral
shall take into consideration the regulated person's financial resources as well as specific needs;
(2) development of individualized program participation agreements between participants
and the program to meet the needs of participants and protect the public. An agreement may
include, but need not be limited to, recommendations from the continuing care plan, practice
monitoring, health monitoring, practice restrictions, random drug screening, support group
participation, filing of reports necessary to document compliance, and terms for successful
completion of the regulated person's program; and
(3) monitoring of compliance by participants with individualized program participation
agreements or board orders.
(b) The program may develop services related to sections 214.31 to 214.37 for employers
and colleagues of regulated persons from participating boards.
    Subd. 3. Participant costs. Each program participant shall be responsible for paying for
the costs of physical, psychosocial, or other related evaluation, treatment, laboratory monitoring,
and random drug screens.
    Subd. 4. Eligibility. Admission to the health professional services program is available to
a person regulated by a participating board who is unable to practice with reasonable skill and
safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result
of any mental, physical, or psychological condition. Admission in the health professional services
program shall be denied to persons:
(1) who have diverted controlled substances for other than self-administration;
(2) who have been terminated from this or any other state professional services program
for noncompliance in the program;
(3) currently under a board disciplinary order or corrective action agreement, unless referred
by a board;
(4) regulated under sections 214.17 to 214.25, unless referred by a board or by the
commissioner of health;
(5) accused of sexual misconduct; or
(6) whose continued practice would create a serious risk of harm to the public.
    Subd. 5. Completion; voluntary termination; discharge. A regulated person completes
the program when the terms of the program participation agreement are fulfilled. A regulated
person may voluntarily terminate participation in the health professionals service program at
any time by reporting to the person's board. The program manager may choose to discharge a
regulated person from the program and make a referral to the person's board at any time for
reasons including but not limited to: the degree of cooperation and compliance by the regulated
person, the inability to secure information or the medical records of the regulated person, or
indication of other possible violations of the regulated person's practice act. The regulated person
shall be notified in writing by the program manager of any change in the person's program status.
A regulated person who has been terminated or discharged from the program may be referred
back to the program for monitoring.
History: 1994 c 556 s 3; 1997 c 192 s 31; 1998 c 407 art 2 s 94; 2000 c 284 s 11; 2001 c
161 s 41; 2003 c 87 s 51

214.33 REPORTING.
    Subdivision 1. Permission to report. A person who has personal knowledge that a regulated
person has the inability to practice with reasonable skill and safety by reason of illness, use
of alcohol, drugs, chemicals or any other materials, or as a result of any mental, physical, or
psychological condition may report that knowledge to the program or to the board. A report to
the program under this subdivision fulfills the reporting requirement contained in a regulated
person's practice act.
    Subd. 2. Self-reporting. A person regulated by a participating board who is unable to
practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals,
or any other materials, or as a result of any mental, physical, or psychological condition shall
report to the person's board or the program.
    Subd. 3. Program manager. The program manager shall report to the appropriate
participating board a regulated person who does not meet program admission criteria, violates the
terms of the program participation agreement, or leaves the program except upon fulfilling the
terms for successful completion of the program as set forth in the participation agreement. The
program manager shall report to the appropriate participating board a regulated person who is
alleged to have committed violations of the person's practice act that are outside the authority of
the health professionals services program as described in sections 214.31 to 214.37. The program
manager shall inform any reporting person of the disposition of the person's report to the program.
    Subd. 4. Board. A board may refer any regulated person to the program consistent with
section 214.32, subdivision 4, if the board believes the regulated person will benefit and the
public will be protected.
History: 1994 c 556 s 4

214.34 IMMUNITY.
    Subdivision 1. Reporting immunity. Any individual, agency, institution, facility, business,
or organization is immune from civil liability or criminal prosecution for submitting a report in
good faith to the program under this section or for cooperating with an investigation of a report or
with staff of the program. Reports are confidential and are privileged communication.
    Subd. 2. Program immunity. Members of the participating boards and persons employed by
the boards and program, program consultants, and members of advisory bodies for the program
are immune from civil liability and criminal prosecution for any actions, transactions, or reports
in the execution of, or relating to, their duties under sections 214.31 to 214.36.
History: 1994 c 556 s 5

214.35 CLASSIFICATION OF DATA.
All data collected and maintained and any agreements with regulated persons entered into
as part of the program is classified as active investigative data under section 13.41 while the
individual is in the program, except for monitoring data which is classified as private. When
a regulated person successfully completes the program, the data and participation agreement
become inactive investigative data which shall be classified as private data under section 13.02,
subdivision 12 , or nonpublic data under section 13.02, subdivision 9, in the case of data not on
individuals. Data and agreements shall not be forwarded to the board unless the program reports a
participant to a board as described in section 214.33, subdivision 3.
History: 1994 c 556 s 6

214.36 BOARD PARTICIPATION.
Participating boards may, by mutual agreement, implement the program upon enactment.
Thereafter, health-related licensing boards desiring to enter into or discontinue an agreement
to participate in the health professionals services program shall provide a written resolution
indicating the board's intent to the designated board by January 1 preceding the start of a biennium.
History: 1994 c 556 s 7

214.37 RULEMAKING.
By July 1, 1996, the participating boards shall adopt joint rules relating to the provisions
of sections 214.31 to 214.36 in consultation with the advisory committee and other appropriate
individuals. The required rule writing does not prevent the implementation of sections 214.31 to
214.37 and Laws 1994, chapter 556, section 9, upon enactment.
History: 1994 c 556 s 8

VOLUNTEER HEALTH CARE PROVIDER PROGRAM

214.40 VOLUNTEER HEALTH CARE PROVIDER PROGRAM.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Administrative services unit" means the administrative services unit for the
health-related licensing boards.
(c) "Charitable organization" means a charitable organization within the meaning of section
501(c)(3) of the Internal Revenue Code that has as a purpose the sponsorship or support of
programs designed to improve the quality, awareness, and availability of health care services and
that serves as a funding mechanism for providing those services.
(d) "Health care facility or organization" means a health care facility licensed under chapter
144 or 144A, or a charitable organization.
(e) "Health care provider" means a physician licensed under chapter 147, physician assistant
registered and practicing under chapter 147A, nurse licensed and registered to practice under
chapter 148, or dentist or dental hygienist licensed under chapter 150A.
(f) "Health care services" means health promotion, health monitoring, health education,
diagnosis, treatment, minor surgical procedures, the administration of local anesthesia for the
stitching of wounds, and primary dental services, including preventive, diagnostic, restorative,
and emergency treatment. Health care services do not include the administration of general
anesthesia or surgical procedures other than minor surgical procedures.
(g) "Medical professional liability insurance" means medical malpractice insurance as
defined in section 62F.03.
    Subd. 2. Establishment. The administrative services unit shall establish a volunteer health
care provider program to facilitate the provision of health care services provided by volunteer
health care providers through eligible health care facilities and organizations.
    Subd. 3. Participation of health care facilities. To participate in the program established
in subdivision 2, a health care facility or organization must register with the administrative
services unit on forms provided by the administrative services unit and must meet the following
requirements:
(1) be licensed to the extent required by law or regulation;
(2) provide evidence that the provision of health care services to the uninsured and
underinsured is the primary purpose of the facility or organization;
(3) certify that it maintains adequate general liability and professional liability insurance
for program staff other than the volunteer health care provider or is properly and adequately
self-insured;
(4) agree to report annually to the administrative services unit the number of volunteers,
number of volunteer hours provided, number of patients seen by volunteer providers, and types
of services provided; and
(5) agree to pay to the administrative services unit an annual participation fee of $50. All
fees collected are deposited into the state government special revenue fund and are appropriated
to the administrative services unit for purposes of administering the program.
    Subd. 4. Health care provider registration. (a) To participate in the program established
in subdivision 2, a health care provider shall register with the administrative services unit.
Registration may be approved if the provider has submitted a certified statement on forms
provided by the administrative services unit attesting that the health care provider agrees to:
(1) receive no direct monetary compensation of any kind for services provided in the
program;
(2) submit a sworn statement attesting that the license to practice is free of restrictions.
The statement must describe:
(i) any disciplinary action taken against the health care provider by a professional licensing
authority or health care facility, including any voluntary surrender of license or other agreement
involving the health care provider's license to practice or any restrictions on practice, suspension
of privileges, or other sanctions; and
(ii) any malpractice suits filed against the health care provider and the outcome of any
suits filed;
(3) submit any additional materials requested by the administrative services unit;
(4) identify the eligible program through which the health care services will be provided and
the health care facilities at which the services will be provided; and
(5) if coverage is purchased for the provider under subdivision 7, comply with any risk
management and loss prevention policies imposed by the insurer.
(b) Registration expires two years from the date the registration was approved. A health
care provider may apply for renewal by filing with the administrative services unit a renewal
application at least 60 days prior to the expiration of the registration.
    Subd. 5. Revocation of eligibility and registration. The administrative services unit may
suspend, revoke, or condition the eligibility of a health care provider for cause, including, but not
limited to, the failure to comply with the agreement with the administrative services unit and the
imposition of disciplinary action by the licensing board that regulates the health care provider.
    Subd. 6. Board notice of disciplinary action. The applicable health-related licensing board
shall immediately notify the administrative services unit of the initiation of a contested case
against a registered health care provider or the imposition of disciplinary action, including copies
of any contested case decision or settlement agreement with the health care provider.
    Subd. 7. Medical professional liability insurance. (a) The administrative services unit must
purchase medical professional liability insurance, if available, for a health care provider who is
registered in accordance with subdivision 4 and who is not otherwise covered by a medical
professional liability insurance policy or self-insured plan either personally or through another
facility or employer.
(b) Coverage purchased under this subdivision must be limited to the provision of health
care services performed by the provider for which the provider does not receive direct monetary
compensation.
History: 2002 c 399 s 3