2007 Minnesota Statutes

146A.06 PROFESSIONAL COOPERATION; UNLICENSED PRACTITIONER.
    Subdivision 1. Cooperation. An unlicensed complementary and alternative health care
practitioner who is the subject of an investigation, or who is questioned in connection with
an investigation, by or on behalf of the office, 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; 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
complementary and alternative health care practitioner shall delete in the record any data that
identifies the client before providing it to the office. If an unlicensed complementary and
alternative health care 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 complementary and alternative health care
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. Data. (a) Data relating to investigations of complaints and disciplinary actions
involving unlicensed complementary and alternative health care practitioners are governed by this
subdivision and section 13.41 does not apply. Except as provided in section 13.39, subdivision 2,
and paragraph (b), data relating to investigations of complaints and disciplinary actions involving
unlicensed complementary and alternative health care practitioners are public data, regardless of
the outcome of any investigation, action, or proceeding.
(b) The following data are private data on individuals, as defined in section 13.02:
(1) data on a complementary and alternative health care client;
(2) data on a complainant under section 146A.03; and
(3) data on the nature or content of unsubstantiated complaints when the information is
not maintained in anticipation of legal action.
    Subd. 3. Exchanging information. (a) The office shall establish internal operating
procedures for:
(1) exchanging information with state boards; agencies, including the Office of Ombudsman
for Mental Health and Developmental Disabilities; 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 shall establish procedures for exchanging information with other states
regarding disciplinary action against unlicensed complementary and alternative health care
practitioners.
(d) The office 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 the disposition of the complaint. A complaint or other information received by another
governmental agency relating to a statute or rule that the office is empowered to enforce must be
forwarded to the office to be processed in accordance with this section.
(e) The office shall furnish to a person who made a complaint a description of the actions of
the office relating to the complaint.
History: 2000 c 460 s 15; 2005 c 56 s 1