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Minnesota Legislature

Office of the Revisor of Statutes

148B.07 REPORTING OBLIGATIONS.
    Subdivision 1. Permission to report. A person who has knowledge of any conduct
constituting grounds for disciplinary action relating to licensure or unlicensed practice under this
chapter may report the violation to the board.
    Subd. 2. Institutions. A state agency, political subdivision, agency of a local unit of
government, private agency, 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 agency,
institution, or organization or any of its administrators or medical or other committees to revoke,
suspend, restrict, or condition a licensee's privilege to practice or treat patients or clients in the
institution, or as part of the organization, any denial of privileges, or any other disciplinary action
for conduct that might constitute grounds for disciplinary action by the board under this chapter.
The institution or organization shall also report the resignation of any licensees prior to the
conclusion of any disciplinary action proceeding for conduct that might constitute grounds for
disciplinary action under this chapter, or prior to the commencement of formal charges but after
the licensee had knowledge that formal charges were contemplated or in preparation.
    Subd. 3. Professional societies or associations. A state or local professional society or
association for licensees shall forward to the board any complaint received concerning the ethics
or conduct of the practice which the board regulates. The society or association shall forward a
complaint to the board upon receipt of the complaint. The society or association shall also report
to the appropriate board any disciplinary action taken against a member.
    Subd. 4. Licensed professionals. A licensed health professional shall report to the board
personal knowledge of any conduct that the licensed health professional reasonably believes
constitutes grounds for disciplinary action under this chapter by any licensee, including conduct
indicating that the licensee may be medically incompetent, or may be medically or physically
unable to engage safely in the provision of services. If the information was obtained in the course
of a client relationship, the client is another licensee, and the treating individual successfully
counsels the other individual to limit or withdraw from practice to the extent required by the
impairment, the board may deem this limitation of or withdrawal from practice to be sufficient
disciplinary action.
    Subd. 5. Insurers. 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 licensees, or the Medical Joint Underwriting Association
under chapter 62F, shall submit to the board a report concerning the licensees against whom
malpractice settlements or awards have been made to the plaintiff. The report must contain
at least the following information:
(1) the total number of malpractice settlements or awards made;
(2) the date the malpractice settlements or awards were made;
(3) the allegations contained in the claim or complaint leading to the settlements or awards
made;
(4) the dollar amount of each malpractice settlement or award;
(5) the regular address of the practice of the licensee against whom an award was made or
with whom a settlement was made; and
(6) the name of the licensee against whom an award was made or with whom a settlement
was made.
The insurance company shall, in addition to the above information, report to the board any
information it possesses that tends to substantiate a charge that a licensee may have engaged in
conduct violating this chapter.
    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 that adjudges
or includes a finding that a licensee is a person who is mentally ill, mentally incompetent, guilty
of a felony, guilty of a violation of federal or state narcotics laws or controlled substances act, or
guilty of an abuse or fraud under Medicare or Medicaid; or that appoints a guardian of the licensee
pursuant to sections 524.5-101 to 524.5-502 or commits a licensee pursuant to chapter 253B.
    Subd. 7. Self-reporting. A licensee shall report to the board or to the Office of Mental Health
Practice any personal action that would require that a report be filed 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 and the
Office of Mental Health Practice 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 and the Office of Mental Health Practice may issue
subpoenas for the production of any reports required by subdivisions 2 to 7 or any related
documents.
History: 1987 c 347 art 1 s 7; 1991 c 292 art 2 s 40; 1992 c 460 s 4; 1Sp1994 c 1 art 2 s 12;
1997 c 193 s 9; 2002 c 221 s 3; 2004 c 146 art 3 s 47