2003 Minnesota Statutes

     148B.69 Disciplinary actions. 

    Subdivision 1.    Forms of disciplinary action.  When 
 the commissioner finds that an unlicensed mental health 
 practitioner has violated a provision or provisions of this 
 chapter, the commissioner 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 commissioner of health 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 
 commissioner or by a subpoena of the commissioner to do so may, 
 upon application to the district court in any district, be 
 ordered to comply with the order or subpoena.  The commissioner 
 of health 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 commissioner proposes to 
 take action against the practitioner as described in subdivision 
 1, the commissioner 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 commissioner within 30 days after 
 service of the notice of the proposed action, the commissioner 
 may proceed with the action without a hearing. 

    Subd. 3.    Reinstatement.  The commissioner may at the 
 commissioner'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 commissioner may, acting 
 through a person to whom the commissioner has delegated this 
 authority and without a hearing, temporarily suspend the right 
 of an unlicensed mental health practitioner to practice if the 
 commissioner's delegate finds that the practitioner has violated 
 a statute or rule that the commissioner 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 commissioner issues a final order in the matter after a 
 hearing or upon agreement between the commissioner 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 
 commissioner 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 commissioner shall issue the 
 commissioner'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 commissioner 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 525.54 to 525.61, 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 commissioner 
 after a hearing or upon agreement between the commissioner and 
 the practitioner. 

    Subd. 6.    Public employees.  Notwithstanding 
 subdivision 1, the commissioner 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 commissioner determines that the 
 employee violated a provision or provisions of this chapter, the 
 commissioner shall report to the employee's employer the 
 commissioner's findings and the actions the commissioner 
 recommends that the employer take.  The commissioner'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 commissioner 
 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 commissioner gives written notice to an individual who is 
 the subject of an investigation, the agencies shall assist the 
 commissioner with the investigation by giving the commissioner 
 the requested data. 

    HIST: 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