Bill Text: MN HF1604 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Diverted narcotic or controlled substance report required.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-05-07 - Senate conferees Nelson, Rosen, Latz [HF1604 Detail]
Download: Minnesota-2013-HF1604-Engrossed.html
1.2relating to health; requiring reporting of diverted narcotics or controlled
1.3substances;amending Minnesota Statutes 2012, section 214.33, by adding a
1.4subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 214.33, is amended by adding a
1.7subdivision to read:
1.8 Subd. 5. Employer mandatory reporting. (a) An employer of a person licensed or
1.9regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
1.10health care institutions, and other organizations where the licensed or regulated health
1.11care professional is engaged in providing services, shall report to the appropriate licensing
1.12board that the licensee or regulated person has diverted narcotics or other controlled
1.13substances in violation of state or federal narcotics or controlled substance law when:
1.14(1) the employer or entity making the report has knowledge of the diversion; and
1.15(2) the licensee or regulated person has diverted narcotics from the reporting
1.16employer or organization or at the reporting institution.
1.17(b) Subdivision 1 does not waive the requirement to report under this subdivision.
1.18(c) The requirement to report under this subdivision does not apply:
1.19(1) to licensees or regulated persons who are self-employed;
1.20(2) if the knowledge was obtained in the course of a professional-patient relationship
1.21and the patient is licensed or regulated by a health licensing board; or
1.22(3) if knowledge of the diversion first becomes known to the employer, health care
1.23institution, or other organization, either from:
2.1(i) the licensee or regulated person who has self-reported to the health professional
2.2services program and who has returned to work pursuant to the health professional
2.3services program participation agreement and monitoring plan; or
2.4(ii) an individual who is serving as a work site monitor approved by the health
2.5professional services program for a person described in item (i).
1.3substances;amending Minnesota Statutes 2012, section 214.33, by adding a
1.4subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 214.33, is amended by adding a
1.7subdivision to read:
1.8 Subd. 5. Employer mandatory reporting. (a) An employer of a person licensed or
1.9regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
1.10health care institutions, and other organizations where the licensed or regulated health
1.11care professional is engaged in providing services, shall report to the appropriate licensing
1.12board that the licensee or regulated person has diverted narcotics or other controlled
1.13substances in violation of state or federal narcotics or controlled substance law when:
1.14(1) the employer or entity making the report has knowledge of the diversion; and
1.15(2) the licensee or regulated person has diverted narcotics from the reporting
1.16employer or organization or at the reporting institution.
1.17(b) Subdivision 1 does not waive the requirement to report under this subdivision.
1.18(c) The requirement to report under this subdivision does not apply:
1.19(1) to licensees or regulated persons who are self-employed;
1.20(2) if the knowledge was obtained in the course of a professional-patient relationship
1.21and the patient is licensed or regulated by a health licensing board; or
1.22(3) if knowledge of the diversion first becomes known to the employer, health care
1.23institution, or other organization, either from:
2.1(i) the licensee or regulated person who has self-reported to the health professional
2.2services program and who has returned to work pursuant to the health professional
2.3services program participation agreement and monitoring plan; or
2.4(ii) an individual who is serving as a work site monitor approved by the health
2.5professional services program for a person described in item (i).
