2007 Minnesota Statutes

148.754 EXAMINATION; ACCESS TO MEDICAL DATA.
    (a) If the board has probable cause to believe that a licensee comes under section 148.75,
paragraph (a) , clause (2), it may direct the licensee to submit to a mental or physical examination.
For the purpose of this paragraph, every licensee is deemed 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 examining physicians' testimony or examination
reports on the ground that they constitute a privileged communication. Failure of the licensee
to submit to an examination when directed constitutes an admission of the allegations against
the person, unless the failure was due to circumstances beyond the person's control, in which
case a default and final order may be entered without the taking of testimony or presentation of
evidence. A licensee affected under this paragraph shall, at reasonable intervals, be given an
opportunity to demonstrate that the person can resume the competent practice of physical therapy
with reasonable skill and safety to the public.
    (b) In any proceeding under paragraph (a), neither the record of proceedings nor the orders
entered by the board shall be used against a licensee in any other proceeding.
    (c) In addition to ordering a physical or mental examination, 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 person's
or applicant's consent if the board has probable cause to believe that the person comes under
paragraph (a). 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 paragraph and is not liable in any action
for damages for releasing the data requested by the board if the data are released pursuant to a
written request under this paragraph, unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained under
this paragraph is classified as private under sections 13.01 to 13.87.
History: 2005 c 147 art 2 s 11; 2007 c 123 s 32; 2007 c 147 art 10 s 15