2007 Minnesota Statutes

214.24 INSPECTION OF PRACTICE.
    Subdivision 1. Authority. The board is authorized to conduct inspections of the clinical
practice of a regulated person to determine whether the regulated person is following accepted and
prevailing infection control procedures. The board shall provide at least three business days' notice
to the clinical practice prior to the inspection. The clinical practice of a regulated person includes
any location where the regulated person practices that is not an institution licensed and subject
to inspection by the commissioner of health. During the course of inspections the privacy and
confidentiality of patients and regulated persons shall be maintained. The board may require on
license renewal forms that regulated persons inform the board of all locations where they practice.
    Subd. 2. Access; records. An inspector from the board shall have access, during reasonable
business hours for purposes of inspection, to all areas of the practice setting where patient care is
rendered or drugs or instruments are held that come into contact with a patient. An inspector is
authorized to interview employees and regulated persons in the performance of an inspection,
to observe infection control procedures, test equipment used to sterilize instruments, and to
review and copy all relevant records, excluding patient health records. In performing these
responsibilities, inspectors shall make reasonable efforts to respect and preserve patient privacy
and the privacy of the regulated person. Boards are authorized to conduct joint inspections and to
share information obtained under this section. The boards shall contract with the commissioner
to perform the duties under this subdivision.
    Subd. 3. Board action. If accepted and prevailing infection control techniques are not being
followed, the board may educate the regulated person or take other actions. The board and the
inspector shall maintain patient confidentiality in any action resulting from the inspection.
    Subd. 4. Rulemaking. A board is authorized to adopt rules setting standards for infection
control procedures. Boards shall engage in joint rulemaking. Boards must seek and consider the
advice of the commissioner of health before adopting rules. No inspections shall be conducted
under this section until after infection control rules have been adopted. Each board is authorized to
provide educational information and training to regulated persons regarding infection control. All
regulated persons who are employers shall make infection control rules available to employees
who engage in functions related to infection control.
History: 1992 c 559 art 1 s 16