2007 Minnesota Statutes

148B.69 DISCIPLINARY ACTIONS.
    Subdivision 1. Forms of disciplinary action. When the committee finds that an unlicensed
mental health practitioner has violated a provision or provisions of this chapter, the committee
may take one or more of the following actions, only against the individual practitioner:
(1) revoke the right to practice;
(2) suspend the right to practice;
(3) impose limitations or conditions on the practitioner's provision of mental health services,
the imposition of rehabilitation requirements, or the requirement of practice under supervision;
(4) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of
the civil penalty to be fixed so as to deprive the practitioner of any economic advantage gained by
reason of the violation charged or to reimburse the Office of Mental Health Practice for all costs
of the investigation and proceeding;
(5) order the practitioner to provide unremunerated professional service under supervision at
a designated public hospital, clinic, or other health care institution;
(6) censure or reprimand the practitioner;
(7) impose a fee on the practitioner to reimburse the office for all or part of the cost of the
proceedings resulting in disciplinary action including, but not limited to, the amount paid by
the office for services from the Office of Administrative Hearings, attorney fees, court reports,
witnesses, reproduction of records, staff time, and expense incurred by the staff of the Office of
Mental Health Practice; or
(8) any other action justified by the case.
    Subd. 2. Discovery; subpoenas. In all matters relating to the lawful activities of the Office
of Mental Health Practice, the committee may issue subpoenas and compel the attendance
of witnesses and the production of all necessary papers, books, records, documents, and other
evidentiary material. Any person failing or refusing to appear or testify regarding any matter about
which the person may be lawfully questioned or failing to produce any papers, books, records,
documents, or other evidentiary materials in the matter to be heard, after having been required by
order of the committee or by a subpoena of the committee to do so may, upon application to the
district court in any district, be ordered to comply with the order or subpoena. The committee may
administer oaths to witnesses or take their affirmation. Depositions may be taken within or without
the state in the manner provided by law for the taking of depositions in civil actions. A subpoena
or other process or paper may be served upon a person it names anywhere within the state by
any officer authorized to serve subpoenas or other process or paper in civil actions, in the same
manner as prescribed by law for service of process issued out of the district court of this state.
    Subd. 2a. Hearings. If the committee proposes to take action against the practitioner as
described in subdivision 1, the committee must first notify the person against whom the action
is proposed to be taken and provide the person with an opportunity to request a hearing under
the contested case provisions of chapter 14. If the person does not request a hearing by notifying
the committee within 30 days after service of the notice of the proposed action, the committee
may proceed with the action without a hearing.
    Subd. 3. Reinstatement. The committee may at the committee's discretion reinstate the right
to practice and may impose any disciplinary measure listed under subdivision 1.
    Subd. 4. Temporary suspension. In addition to any other remedy provided by law, the
committee may, acting through a person to whom the committee has delegated this authority and
without a hearing, temporarily suspend the right of an unlicensed mental health practitioner to
practice if the committee's delegate finds that the practitioner has violated a statute or rule that the
committee is empowered to enforce and continued practice by the practitioner would create a
serious risk of harm to others. The suspension is in effect upon service of a written order on the
practitioner specifying the statute or rule violated. The order remains in effect until the committee
issues a final order in the matter after a hearing or upon agreement between the committee and the
practitioner. Service of the order is effective if the order is served on the practitioner or counsel of
record personally or by first class mail. Within ten days of service of the order, the committee
shall hold a hearing on the sole issue of whether there is a reasonable basis to continue, modify,
or lift the suspension. Evidence presented by the office or practitioner shall be in affidavit form
only. The practitioner or the counsel of record may appear for oral argument. Within five working
days after the hearing, the committee shall issue the committee's order and, if the suspension is
continued, schedule a contested case hearing within 45 days after issuance of the order. The
administrative law judge shall issue a report within 30 days after closing of the contested case
hearing record. The committee shall issue a final order within 30 days after receipt of that report.
    Subd. 5. Automatic suspension. The right to practice is automatically suspended if (1)
a guardian of an unlicensed mental health practitioner is appointed by order of a court under
sections 524.5-101 to 524.5-502, or (2) the practitioner is committed by order of a court pursuant
to chapter 253B. The right to practice remains suspended until the practitioner is restored to
capacity by a court and, upon petition by the practitioner, the suspension is terminated by the
committee after a hearing or upon agreement between the committee and the practitioner.
    Subd. 6. Public employees. Notwithstanding subdivision 1, the committee must not take
disciplinary action against an employee of the state or a political subdivision of the state. If, after
an investigation conducted in compliance with and with the authority granted under sections
148B.60 to 148B.71, the committee determines that the employee violated a provision or
provisions of this chapter, the committee shall report to the employee's employer the committee's
findings and the actions the committee recommends that the employer take. The committee's
recommendations are not binding on the employer.
    Subd. 7. Release to obtain nonpublic data. An unlicensed mental health practitioner who is
the subject of an investigation must sign a release authorizing the committee to obtain criminal
conviction data, reports about abuse or neglect of clients, and other information pertaining to
investigations of violations of statutes or rules from the Bureau of Criminal Apprehension, the
Federal Bureau of Investigation, the Department of Human Services, the Office of Health Facilities
Complaints, private certification organizations, county social service agencies, the Division of
Driver and Vehicle Services in the Department of Public Safety, adult protection services, child
protection services, and other agencies that regulate provision of health care services. After the
committee gives written notice to an individual who is the subject of an investigation, the agencies
shall assist the committee with the investigation by giving the committee the requested data.
History: 1991 c 292 art 2 s 59; 1Sp1994 c 1 art 2 s 16; 1996 c 305 art 1 s 41; 1998 c 317 s
11; 2000 c 460 s 34; 2004 c 146 art 3 s 47; 2005 c 147 art 8 s 4

NOTE: This section is repealed by Laws 2003, chapter 118, section 29, paragraph (a), as
amended by Laws 2004, chapter 279, article 5, section 10, and Laws 2005, chapter 147, article 8,
section 3, effective July 1, 2009. Laws 2003, chapter 118, section 29, paragraph (a), the effective
date, as amended by Laws 2004, chapter 279, article 5, section 10, and Laws 2005, chapter 147,
article 8, section 3.