2007 Minnesota Statutes

147.111 REPORTING OBLIGATIONS.
    Subdivision 1. Permission to report. A person who has knowledge of any conduct
constituting grounds for discipline under sections 147.01 to 147.22 may report the violation to
the board.
    Subd. 2. Institutions. Any hospital, clinic, prepaid medical plan, or other health care
institution or organization located in this state shall report to the board any action taken by
the institution or organization or any of its administrators or medical or other committees to
revoke, suspend, restrict, or condition a physician's privilege to practice or treat patients in the
institution, or as part of the organization, any denial of privileges, or any other disciplinary action.
The institution or organization shall also report the resignation of any physicians prior to the
conclusion of any disciplinary proceeding, or prior to the commencement of formal charges but
after the physician had knowledge that formal charges were contemplated or in preparation. Each
report made under this subdivision must state the nature of the action taken, state in detail the
reasons for the action, and identify the specific patient medical records upon which the action was
based. No report shall be required of a physician voluntarily limiting the practice of the physician
at a hospital provided that the physician notifies all hospitals at which the physician has privileges
of the voluntary limitation and the reasons for it.
    Subd. 3. Medical societies. A state or local medical society shall report to the board any
termination, revocation, or suspension of membership or any other disciplinary action taken
against a physician. If the society has received a complaint which might be grounds for discipline
under sections 147.01 to 147.22 against a member physician on which it has not taken any
disciplinary action, the society shall report the complaint and the reason why it has not taken
action on it or shall direct the complainant to the Board of Medical Practice. This subdivision
does not apply to a medical society when it performs peer review functions as an agent of an
outside entity, organization, or system.
    Subd. 4. Licensed professionals. A licensed health professional and persons holding a
residency permit under section 147.0391, shall report to the board personal knowledge of any
conduct which the person reasonably believes constitutes grounds for disciplinary action under
sections 147.01 to 147.22 by any physician or person holding a residency permit under section
147.0391, including any conduct indicating that the person may be medically incompetent, or
may have engaged in unprofessional conduct or may be medically or physically unable to engage
safely in the practice of medicine. A licensed physician or other health professional licensed under
this chapter shall also report to the board any occurrence of any adverse reaction resulting from an
optometrist's prescription, use, or administration of any legend drug. Any reports received by the
board must be reported to the Board of Optometry. No report shall be required if the information
was obtained in the course of a physician-patient relationship if the patient is a physician or
person holding a residency permit under section 147.0391, and the treating physician successfully
counsels the person to limit or withdraw from practice to the extent required by the impairment.
    Subd. 5. Insurers and other entities. (a) Four times each year as prescribed by the board,
each insurer authorized to sell insurance described in section 60A.06, subdivision 1, clause (13),
and providing professional liability insurance to persons regulated by the board, shall submit to
the board a report concerning the regulated persons against whom professional malpractice
settlements or awards have been made to the plaintiff.
(b) A medical clinic, hospital, political subdivision, or other entity which provides
professional liability coverage on behalf of persons regulated by the board shall submit to the
board a report concerning malpractice settlements or awards paid on behalf of regulated persons,
and any settlements or awards paid by a clinic, hospital, political subdivision, or other entity on its
own behalf because of care rendered by regulated persons. This requirement excludes forgiveness
of bills. The report shall be made to the board within 30 days of payment of all or part of any
settlement or award.
(c) The reports in paragraphs (a) and (b) must contain at least the following information:
(1) the total number of settlements or awards made to the plaintiff;
(2) the date the settlements or awards to the plaintiff were made;
(3) the allegations contained in the claim or complaint leading to the settlements or awards
made to the plaintiff;
(4) the dollar amount of each settlement or award;
(5) the regular address of the practice or business of the regulated person or entity against
whom an award was made or with whom a settlement was made; and
(6) the name of the regulated person or entity against whom an award was made or with
whom a settlement was made.
The reporting entity shall, in addition to the above information, report to the board any
information it possesses which tends to substantiate a charge that a regulated person may have
engaged in conduct violating a statute or rule of the board.
    Subd. 6. Courts. The court administrator of district court or any other court of competent
jurisdiction shall report to the board any judgment or other determination of the court which
adjudges or includes a finding that a physician is mentally ill, mentally incompetent, guilty of a
felony, or guilty of a violation of federal or state narcotics laws or controlled substances act, guilty
of an abuse or fraud under Medicare or Medicaid, appoints a guardian of the physician pursuant to
sections 524.5-101 to 524.5-502 or commits a physician pursuant to chapter 253B.
    Subd. 7. Self-reporting. A physician shall report to the board any personal action which
would require that a report be filed with the board by any person, health care facility, business, or
organization pursuant to subdivisions 2 to 6.
    Subd. 8. Deadlines; forms. Reports required by subdivisions 2 to 7 must be submitted not
later than 30 days after the occurrence of the reportable event or transaction. The board may
provide forms for the submission of reports required by this section, may require that reports be
submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate
reporting.
    Subd. 9. Subpoenas. The board may issue subpoenas for the production of any reports
required by subdivisions 2 to 7 or any related documents.
History: 1985 c 247 s 14; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1988 c 557 s 3; 1990 c 576 s
5; 1991 c 106 s 6; 1991 c 199 art 2 s 1; 1993 c 21 s 9; 1993 c 121 s 2; 1994 c 497 s 4; 1Sp1994 c
1 art 2 s 5; 1995 c 44 s 1; 2003 c 62 s 1; 2004 c 146 art 3 s 47