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Minnesota Legislature

Office of the Revisor of Statutes

153.21 MENTAL EXAMINATION; ACCESS TO MEDICAL DATA.
    Subdivision 1. Submission to examination. If the board has probable cause to believe
that a doctor of podiatric medicine falls within the provisions of section 153.19, subdivision 1,
clause (12), it may direct the doctor to submit to a mental or physical examination or chemical
dependency evaluation. For the purpose of this subdivision, a doctor of podiatric medicine
licensed under this chapter is considered to have consented to submit to a mental or physical
examination when directed in writing by the board and further to have waived all objections to
the admissibility of the examiner's testimony or examination reports on the ground that the same
constitute a privileged communication. Failure of a podiatrist to submit to an examination when
directed constitutes an admission of the allegations against the podiatrist, unless the failure was
due to circumstance beyond the podiatrist's control, in which case a default and final order may
be entered without the taking of testimony or presentation of evidence. A podiatrist affected
under this subdivision shall at reasonable intervals be given an opportunity to demonstrate that
the podiatrist can resume the competent practice of podiatric medicine with reasonable skill and
safety to patients. In any proceeding under this subdivision, neither the record of proceedings nor
the orders entered by the board shall be used against a podiatrist in any other proceeding.
    Subd. 2. Access to medical data. In addition to ordering a physical or mental examination or
chemical dependency evaluation, the board may, notwithstanding section 13.384, 144.651, or any
other law limiting access to medical or other health data, obtain medical data and health records
relating to a licensee or applicant without the licensee's or applicant's consent if the board has
probable cause to believe that a doctor of podiatric medicine falls within the provisions of section
153.19, subdivision 1, clause (12). The medical data may be requested from a provider, as defined
in section 144.291, subdivision 2, paragraph (h), an insurance company, or a government agency,
including the Department of Human Services. A provider, insurance company, or government
agency shall comply with any written request of the board under this section and is not liable
in any action for damages for releasing the data requested by the board if the data are released
in accordance with a written request under this section, unless the information is false and the
provider giving the information knew, or had reason to believe, the information was false.
History: 1987 c 108 s 10; 1999 c 227 s 22; 2007 c 147 art 10 s 15