1997 Minnesota Statutes

     148B.66 Professional cooperation; unlicensed 
  practitioner. 

    Subdivision 1.    Cooperation.  An unlicensed mental 
 health practitioner who is the subject of an investigation, or 
 who is questioned in connection with an investigation, by or on 
 behalf of the office of mental health practice shall cooperate 
 fully with the investigation.  Cooperation includes responding 
 fully and promptly to any question raised by or on behalf of the 
 office relating to the subject of the investigation, whether 
 tape recorded or not, and providing copies of client records, as 
 reasonably requested by the office, to assist the office in its 
 investigation, and appearing at conferences or hearings 
 scheduled by the commissioner.  If the office does not have a 
 written consent from a client permitting access to the client's 
 records, the unlicensed mental health practitioner shall delete 
 any data in the record that identifies the client before 
 providing it to the office.  The office shall maintain any 
 records obtained pursuant to this section as investigative data 
 pursuant to section 13.41.  If an unlicensed mental health 
 practitioner refuses to give testimony or produce any documents, 
 books, records, or correspondence on the basis of the fifth 
 amendment to the Constitution of the United States, the 
 commissioner may compel the unlicensed mental health 
 practitioner to provide the testimony or information; however, 
 the testimony or evidence may not be used against the 
 practitioner in any criminal proceeding.  Challenges to requests 
 of the office may be brought before the appropriate agency or 
 court. 

    Subd. 2.    Classification of data.  The commissioner 
 shall maintain any records, other than client records, obtained 
 as part of an investigation, as investigative data under section 
 13.41.  Client records are classified as private under chapter 
 13 and must be protected as such in the records of the office 
 and in any administrative or judicial proceeding unless the 
 client authorizes the office in writing to make public the 
 identity of the client or a portion or all of the client's 
 records. 

    Subd. 3.    Exchanging information.  (a) The office of 
 mental health practice shall establish internal operating 
 procedures for: 

    (1) exchanging information with state boards; agencies, 
 including the office of ombudsman for mental health and mental 
 retardation; health related and law enforcement facilities; 
 departments responsible for licensing health related 
 occupations, facilities, and programs; and law enforcement 
 personnel in this and other states; and 

    (2) coordinating investigations involving matters within 
 the jurisdiction of more than one regulatory agency.  

    (b) The procedures for exchanging information must provide 
 for the forwarding to the entities described in paragraph (a), 
 clause (1), of information and evidence, including the results 
 of investigations, that are relevant to matters within the 
 regulatory jurisdiction of the organizations in paragraph (a).  
 The data have the same classification in the hands of the agency 
 receiving the data as they have in the hands of the agency 
 providing the data.  

    (c) The office of mental health practice shall establish 
 procedures for exchanging information with other states 
 regarding disciplinary action against licensed and unlicensed 
 mental health practitioners.  

    (d) The office of mental health practice shall forward to 
 another governmental agency any complaints received by the 
 office that do not relate to the office's jurisdiction but that 
 relate to matters within the jurisdiction of the other 
 governmental agency.  The agency to which a complaint is 
 forwarded shall advise the office of mental health practice of 
 the disposition of the complaint.  A complaint or other 
 information received by another governmental agency relating to 
 a statute or rule that the office of mental health practice is 
 empowered to enforce must be forwarded to the office to be 
 processed in accordance with this section. 

    (e) The office of mental health practice shall furnish to a 
 person who made a complaint a description of the actions of the 
 office relating to the complaint.  

    HIST: 1991 c 292 art 2 s 56; 1995 c 164 s 1; 1996 c 440 art 1 
 s 38; 1997 c 187 art 2 s 5