2007 Minnesota Statutes

214.104 HEALTH-RELATED LICENSING BOARDS; SUBSTANTIATED
MALTREATMENT.
(a) A health-related licensing board shall make determinations as to whether regulated
persons who are under the board's jurisdiction should be the subject of disciplinary or corrective
action because of substantiated maltreatment under section 626.556 or 626.557. The board shall
make a determination upon receipt, and after the review, of an investigation memorandum or
other notice of substantiated maltreatment under section 626.556 or 626.557, or of a notice
from the commissioner of human services that a background study of a regulated person shows
substantiated maltreatment.
(b) Upon completion of its review of a report of substantiated maltreatment, the board
shall notify the commissioner of human services of its determination. The board shall notify
the commissioner of human services if, following a review of the report of substantiated
maltreatment, the board determines that it does not have jurisdiction in the matter and the
commissioner shall make the appropriate disqualification decision regarding the regulated person
as otherwise provided in chapter 245C. The board shall also notify the commissioner of health
or the commissioner of human services immediately upon receipt of knowledge of a facility or
program allowing a regulated person to provide direct contact services at the facility or program
while not complying with requirements placed on the regulated person.
(c) In addition to any other remedy provided by law, the board may, through its designated
board member, temporarily suspend the license of a licensee; deny a credential to an applicant; or
require the regulated person to be continuously supervised, if the board finds there is probable
cause to believe the regulated person referred to the board according to paragraph (a) poses an
immediate risk of harm to vulnerable persons. The board shall consider all relevant information
available, which may include but is not limited to:
(1) the extent the action is needed to protect persons receiving services or the public;
(2) the recency of the maltreatment;
(3) the number of incidents of maltreatment;
(4) the intrusiveness or violence of the maltreatment; and
(5) the vulnerability of the victim of maltreatment.
The action shall take effect upon written notice to the regulated person, served by certified
mail, specifying the statute violated. The board shall notify the commissioner of health or the
commissioner of human services of the suspension or denial of a credential. The action shall
remain in effect until the board issues a temporary stay or a final order in the matter after a hearing
or upon agreement between the board and the regulated person. At the time the board issues the
notice, the regulated person shall inform the board of all settings in which the regulated person is
employed or practices. The board shall inform all known employment and practice settings of the
board action and schedule a disciplinary hearing to be held under chapter 14. The board shall
provide the regulated person with at least 30 days' notice of the hearing, unless the parties agree
to a hearing date that provides less than 30 days' notice, and shall schedule the hearing to begin
no later than 90 days after issuance of the notice of hearing.
History: 2000 c 319 s 2; 1Sp2001 c 9 art 14 s 3; 2002 c 379 art 1 s 113; 2003 c 15 art 1 s 33