Bill Text: MN HF1898 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Health-related licensing board requirements changed, credentials for an individual with a felony-level criminal sexual conduct offense barred, and temporary suspension provided for imminent risk of harm.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-03-21 - Second reading [HF1898 Detail]
Download: Minnesota-2013-HF1898-Engrossed.html
1.2relating to health; changing requirements for health-related licensing boards;
1.3barring credentials for an individual with a felony-level criminal sexual
1.4conduct offense; temporary suspension for imminent risk of harm;amending
1.5Minnesota Statutes 2012, sections 214.103, subdivisions 2, 3; 214.12, by adding
1.6a subdivision; 214.29; 214.31; 214.32; 214.33, subdivision 3; proposing coding
1.7for new law in Minnesota Statutes, chapter 214; repealing Minnesota Statutes
1.82012, sections 214.28; 214.36; 214.37.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
1.11CONDUCT OFFENSE.
1.12 Subdivision 1. Applicability. This section applies to the health-related licensing
1.13boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
1.14and the Board of Chiropractic Examiners, and also applies to the Board of Barber
1.15Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
1.16Minnesota Department of Health, including:
1.17(1) speech-language pathologists and audiologists;
1.18(2) hearing instrument dispensers; and
1.19(3) occupational therapists and occupational therapy assistants.
1.20 Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
1.21paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
1.22credential to practice to any person who has been convicted on or after August 1, 2014, of
1.23any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
1.24subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
1.25(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
1.26credential to practice to any person who has been convicted in any other state or country on
2.1or after August 1, 2014, of an offense where the elements of the offense are substantially
2.2similar to any of the offenses listed in paragraph (a).
2.3(c) A credential to practice is automatically revoked if the credentialed person is
2.4convicted of an offense listed in paragraph (a).
2.5(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
2.6by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
2.7of the sentence and final disposition of the case is accomplished at a nonfelony level.
2.8(e) A credentialing authority listed in subdivision 1 may establish criteria whereby
2.9an individual convicted of an offense listed in paragraph (a) may become credentialed
2.10provided that the criteria:
2.11(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
2.12(2) provide a standard for overcoming the presumption; and
2.13(3) require that a minimum of ten years has elapsed since the applicant was released
2.14from any incarceration or supervisory jurisdiction related to the offense.
2.15A credentialing authority listed in subdivision 1 shall not consider an application under
2.16this paragraph if the board determines that the victim involved in the offense was a patient
2.17or a client of the applicant at the time of the offense.
2.18EFFECTIVE DATE.This section is effective for credentials issued or renewed on
2.19or after August 1, 2014.
2.20 Sec. 2. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
2.21OF HARM.
2.22(a) Notwithstanding any provision of a health-related professional practice act,
2.23when a health-related licensing board or the commissioner of health receives a complaint
2.24regarding a regulated person and has probable cause to believe continued practice by the
2.25regulated person presents an imminent risk of harm, the licensing board or commissioner
2.26shall temporarily suspend the regulated person's professional license. The suspension
2.27shall take effect upon written notice to the regulated person and shall specify the reason
2.28for the suspension.
2.29(b) The suspension shall remain in effect until the appropriate licensing board or
2.30the commissioner completes an investigation and issues a final order in the matter after
2.31a hearing.
2.32(c) At the time it issues the suspension notice, the appropriate licensing board
2.33or commissioner shall schedule a disciplinary hearing to be held pursuant to the
2.34Administrative Procedure Act. The regulated person shall be provided with at least
3.120 days notice of any hearing held pursuant to this subdivision. The hearing shall be
3.2scheduled to being no later than 60 days after issuance of the suspension order.
3.3 Sec. 3. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
3.4 Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
3.5or other communications, whether oral or written, against regulated persons. Before
3.6resolving an oral complaint, the executive director or a board member designated by the
3.7board to review complaints shall require the complainant to state the complaint in writing
3.8or authorize transcribing the complaint. The executive director or the designated board
3.9member shall determine whether the complaint alleges or implies a violation of a statute
3.10or rule which the board is empowered to enforce. The executive director or the designated
3.11board member may consult with the designee of the attorney general as to a board's
3.12jurisdiction over a complaint. If the executive director or the designated board member
3.13determines that it is necessary, the executive director may seek additional information to
3.14determine whether the complaint is jurisdictional or to clarify the nature of the allegations
3.15by obtaining records or other written material, obtaining a handwriting sample from the
3.16regulated person, clarifying the alleged facts with the complainant, and requesting a written
3.17response from the subject of the complaint. The executive director may authorize a field
3.18investigation to clarify the nature of the allegations and the facts that led to the complaint.
3.19 Sec. 4. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
3.20 Subd. 3. Referral to other agencies. The executive director shall forward to
3.21another governmental agency any complaints received by the board which do not relate
3.22to the board's jurisdiction but which relate to matters within the jurisdiction of another
3.23governmental agency. The agency shall advise the executive director of the disposition
3.24of the complaint. A complaint or other information received by another governmental
3.25agency relating to a statute or rule which a board is empowered to enforce must be
3.26forwarded to the executive director of the board to be processed in accordance with this
3.27section. Governmental agenciesmay shall coordinate and conduct joint investigations of
3.28complaints that involve more than one governmental agency.
3.29 Sec. 5. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
3.30to read:
3.31 Subd. 5. Health professional services program. The health-related licensing
3.32boards shall include information regarding the health professional services program on
3.33their Web sites.
4.1 Sec. 6. Minnesota Statutes 2012, section 214.29, is amended to read:
4.2214.29 PROGRAM REQUIRED.
4.3Each health-related licensing board, including the Emergency Medical Services
4.4Regulatory Board under chapter 144E, shalleither conduct a contract with the health
4.5professionals service program under sections214.31 to
214.37 or contract for a diversion
4.6program under section
214.28
4.7unable to practice with reasonable skill and safety by reason of illness, use of alcohol,
4.8drugs, chemicals, or any other materials, or as a result of any mental, physical, or
4.9psychological condition.
4.10 Sec. 7. Minnesota Statutes 2012, section 214.31, is amended to read:
4.11214.31 AUTHORITY.
4.12Two or more of the health-related licensing boards listed in section
214.01,
4.13subdivision 2
, may jointly The health professionals services program shall contract with
4.14the health-related licensing boards to conduct a health professionals services program to
4.15protect the public from persons regulated by the boards who are unable to practice with
4.16reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any
4.17other materials, or as a result of any mental, physical, or psychological condition. The
4.18program does not affect a board's authority to discipline violations of a board's practice act.
4.19For purposes of sections214.31 to
214.37 , the emergency medical services regulatory board
4.20shall be included in the definition of a health-related licensing board under chapter 144E.
4.21 Sec. 8. Minnesota Statutes 2012, section 214.32, is amended to read:
4.22214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
4.23 Subdivision 1. Management. (a) A Health Professionals Services Program
4.24Committee is established, consisting ofone person appointed by each participating board,
4.25with each participating board having one vote. no fewer than three, or more than six,
4.26executive directors of health-related licensing boards or their designees, and two members
4.27of the advisory committee established in paragraph (c). Program committee members
4.28from the health-related licensing boards shall be appointed by a means agreeable to the
4.29executive directors of the health-related licensing boards in July of odd-numbered years.
4.30Members from the advisory committee shall be appointed by a means agreeable to advisory
4.31committee members in July of odd-numbered years. The program committee shall
4.32designate one board to provide administrative management of the program, set the program
4.33budget and the pro rata share of program expenses to be borne by each participating
5.1board, provide guidance on the general operation of the program, including hiring of
5.2program personnel, and ensure that the program's direction is in accord with its authority.
5.3The program committee shall establish uniform criteria and procedures governing
5.4termination and discharge for all health professionals served by the health professionals
5.5services program. If the participating boards change which board is designated to
5.6provide administrative management of the program, any appropriation remaining for the
5.7program shall transfer to the newly designated board on the effective date of the change.
5.8The participating boards must inform the appropriate legislative committees and the
5.9commissioner of management and budget of any change in the administrative management
5.10of the program, and the amount of any appropriation transferred under this provision.
5.11 (b) The designated board, upon recommendation of the Health Professional Services
5.12Program Committee, shall hire the program manager and employees and pay expenses
5.13of the program from funds appropriated for that purpose. The designated board may
5.14apply for grants to pay program expenses and may enter into contracts on behalf of the
5.15program to carry out the purposes of the program. The participating boards shall enter into
5.16written agreements with the designated board.
5.17 (c) An advisory committee is established to advise the program committee consisting
5.18of:
5.19 (1) one member appointed by eachof the following: the Minnesota Academy of
5.20Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
5.21Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
5.22Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
5.23Association of the professional associations whose members are eligible for health
5.24professionals services program services; and
5.25 (2)one member appointed by each of the professional associations of the other
5.26professions regulated by a participating board not specified in clause (1); and
5.27(3) two public members, as defined by section
214.02 .
5.28 Members of the advisory committee shall be appointed for two years and members
5.29may be reappointed.
5.30 Subd. 2. Services. (a) The program shall provide the following services to program
5.31participants:
5.32(1) referral of eligible regulated persons to qualified professionals for evaluation,
5.33treatment, and a written plan for continuing care consistent with the regulated person's
5.34illness. The referral shall take into consideration the regulated person's financial resources
5.35as well as specific needs;
6.1(2) development of individualized program participation agreements between
6.2participants and the program to meet the needs of participants and protect the public. An
6.3agreement may include, but need not be limited to, recommendations from the continuing
6.4care plan, practice monitoring, health monitoring, practice restrictions, random drug
6.5screening, support group participation, filing of reports necessary to document compliance,
6.6and terms for successful completion of the regulated person's program; and
6.7(3) monitoring of compliance by participants with individualized program
6.8participation agreements or board orders.
6.9(b) The program may develop services related to sections214.31 to
214.37 for
6.10employers and colleagues of regulated persons from participating boards.
6.11 Subd. 3. Participant costs. Each program participant shall be responsible for
6.12paying for the costs of physical, psychosocial, or other related evaluation, treatment,
6.13laboratory monitoring, and random drug screens.
6.14 Subd. 4. Eligibility. Admission to the health professional services program is
6.15available to a person regulated by a participating board who is unable to practice with
6.16reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
6.17any other materials, or as a result of any mental, physical, or psychological condition.
6.18Admission in the health professional services program shall be denied to persons:
6.19(1) who have diverted controlled substances for other than self-administration;
6.20(2) who have been terminated from this or any other state professional services
6.21program for noncompliance in the program, unless referred by a participating board or the
6.22commissioner of health;
6.23(3) currently under a board disciplinary order or corrective action agreement, unless
6.24referred by a board;
6.25(4)regulated under sections
214.17 to
214.25, unless referred by a board or by the
6.26commissioner of health;
6.27(5) accused of sexual misconduct; or
6.28(6) (5) whose continued practice would create a serious risk of harm to the public.
6.29 Subd. 5. Completion; voluntary termination; discharge. (a) A regulated person
6.30completes the program when the terms of the program participation agreement are fulfilled.
6.31(b) A regulated person may voluntarily terminate participation in the health
6.32professionals service program at any timeby reporting to the person's board which shall
6.33result in the program manager making a report to the regulated person's board under
6.34section 214.33, subdivision 3.
6.35(c) The program manager may choose to discharge a regulated person from the
6.36program and make a referral to the person's board at any time for reasons including but not
7.1limited to: the degree of cooperation and compliance by the regulated person, the inability
7.2to secure information or the medical records of the regulated person, or indication of other
7.3possible violations of the regulated person's practice act. The regulated person shall be
7.4notified in writing by the program manager of any change in the person's program status.
7.5A regulated person who has been terminated or discharged from the program may be
7.6referred back to the program for monitoring.
7.7 Subd. 6. Duties of a health-related licensing board. (a) Upon receiving
7.8notice from the program manager that a regulated person has been discharged due to
7.9noncompliance or voluntary withdrawal, when the appropriate licensing board has
7.10probable cause to believe continued practice by the regulated person presents an imminent
7.11risk of harm, the licensing board shall temporarily suspend the regulated person's
7.12professional license. The suspension shall take effect upon written notice to the regulated
7.13person and shall specify the reason for the suspension.
7.14(b) The suspension shall remain in effect until the appropriate licensing board
7.15completes an investigation and issues a final order in the matter after a hearing.
7.16(c) At the time it issues the suspension notice, the appropriate licensing board shall
7.17schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
7.18The regulated person shall be provided with at least 20 days' notice of any hearing held
7.19pursuant to this subdivision. The hearing shall be scheduled no later than 60 days after
7.20issuance of the suspension order.
7.21 Sec. 9. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
7.22 Subd. 3. Program manager. (a) The program manager shall report to the
7.23appropriate participating board a regulated person who:
7.24(1) does not meet program admission criteria,;
7.25(2) violates the terms of the program participation agreement, or;
7.26(3) leaves the program except upon fulfilling the terms for successful completion of
7.27the program as set forth in the participation agreement.;
7.28(4) is subject to the provisions of sections 214.17 to 214.25;
7.29(5) caused identifiable patient harm;
7.30(6) substituted or adulterated medications;
7.31(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
7.32name of a person or veterinary patient for personal use; or
7.33The program manager shall report to the appropriate participating board a regulated
7.34person who (8) is alleged to have committed violations of the person's practice act that
8.1are outside the authority of the health professionals services program as described in
8.2sections214.31 to
214.37 .
8.3(b) The program manager shall inform any reporting person of the disposition of the
8.4person's report to the program.
8.5 Sec. 10. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
8.6Each health-related licensing board, including the Emergency Medical Services
8.7Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
8.8if a regulated person violates the terms of the health professionals services program
8.9participation agreement or leaves the program except upon fulfilling the terms for
8.10successful completion of the program as set forth in the participation agreement.
8.11 Sec. 11. REVISOR'S INSTRUCTION.
8.12The revisor shall remove cross-references to the sections repealed in section 12
8.13wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
8.14necessary to correct the punctuation, grammar, or structure of the remaining text and
8.15preserve its meaning.
8.16 Sec. 12. REPEALER.
8.17Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, are repealed.
8.18 Sec. 13. EFFECTIVE DATE.
8.19Sections 1 to 12 are effective July 1, 2014.
1.3barring credentials for an individual with a felony-level criminal sexual
1.4conduct offense; temporary suspension for imminent risk of harm;amending
1.5Minnesota Statutes 2012, sections 214.103, subdivisions 2, 3; 214.12, by adding
1.6a subdivision; 214.29; 214.31; 214.32; 214.33, subdivision 3; proposing coding
1.7for new law in Minnesota Statutes, chapter 214; repealing Minnesota Statutes
1.82012, sections 214.28; 214.36; 214.37.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
1.11CONDUCT OFFENSE.
1.12 Subdivision 1. Applicability. This section applies to the health-related licensing
1.13boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
1.14and the Board of Chiropractic Examiners, and also applies to the Board of Barber
1.15Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
1.16Minnesota Department of Health, including:
1.17(1) speech-language pathologists and audiologists;
1.18(2) hearing instrument dispensers; and
1.19(3) occupational therapists and occupational therapy assistants.
1.20 Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
1.21paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
1.22credential to practice to any person who has been convicted on or after August 1, 2014, of
1.23any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
1.24subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
1.25(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
1.26credential to practice to any person who has been convicted in any other state or country on
2.1or after August 1, 2014, of an offense where the elements of the offense are substantially
2.2similar to any of the offenses listed in paragraph (a).
2.3(c) A credential to practice is automatically revoked if the credentialed person is
2.4convicted of an offense listed in paragraph (a).
2.5(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
2.6by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
2.7of the sentence and final disposition of the case is accomplished at a nonfelony level.
2.8(e) A credentialing authority listed in subdivision 1 may establish criteria whereby
2.9an individual convicted of an offense listed in paragraph (a) may become credentialed
2.10provided that the criteria:
2.11(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
2.12(2) provide a standard for overcoming the presumption; and
2.13(3) require that a minimum of ten years has elapsed since the applicant was released
2.14from any incarceration or supervisory jurisdiction related to the offense.
2.15A credentialing authority listed in subdivision 1 shall not consider an application under
2.16this paragraph if the board determines that the victim involved in the offense was a patient
2.17or a client of the applicant at the time of the offense.
2.18EFFECTIVE DATE.This section is effective for credentials issued or renewed on
2.19or after August 1, 2014.
2.20 Sec. 2. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
2.21OF HARM.
2.22(a) Notwithstanding any provision of a health-related professional practice act,
2.23when a health-related licensing board or the commissioner of health receives a complaint
2.24regarding a regulated person and has probable cause to believe continued practice by the
2.25regulated person presents an imminent risk of harm, the licensing board or commissioner
2.26shall temporarily suspend the regulated person's professional license. The suspension
2.27shall take effect upon written notice to the regulated person and shall specify the reason
2.28for the suspension.
2.29(b) The suspension shall remain in effect until the appropriate licensing board or
2.30the commissioner completes an investigation and issues a final order in the matter after
2.31a hearing.
2.32(c) At the time it issues the suspension notice, the appropriate licensing board
2.33or commissioner shall schedule a disciplinary hearing to be held pursuant to the
2.34Administrative Procedure Act. The regulated person shall be provided with at least
3.120 days notice of any hearing held pursuant to this subdivision. The hearing shall be
3.2scheduled to being no later than 60 days after issuance of the suspension order.
3.3 Sec. 3. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
3.4 Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
3.5or other communications, whether oral or written, against regulated persons. Before
3.6resolving an oral complaint, the executive director or a board member designated by the
3.7board to review complaints shall require the complainant to state the complaint in writing
3.8or authorize transcribing the complaint. The executive director or the designated board
3.9member shall determine whether the complaint alleges or implies a violation of a statute
3.10or rule which the board is empowered to enforce. The executive director or the designated
3.11board member may consult with the designee of the attorney general as to a board's
3.12jurisdiction over a complaint. If the executive director or the designated board member
3.13determines that it is necessary, the executive director may seek additional information to
3.14determine whether the complaint is jurisdictional or to clarify the nature of the allegations
3.15by obtaining records or other written material, obtaining a handwriting sample from the
3.16regulated person, clarifying the alleged facts with the complainant, and requesting a written
3.17response from the subject of the complaint. The executive director may authorize a field
3.18investigation to clarify the nature of the allegations and the facts that led to the complaint.
3.19 Sec. 4. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
3.20 Subd. 3. Referral to other agencies. The executive director shall forward to
3.21another governmental agency any complaints received by the board which do not relate
3.22to the board's jurisdiction but which relate to matters within the jurisdiction of another
3.23governmental agency. The agency shall advise the executive director of the disposition
3.24of the complaint. A complaint or other information received by another governmental
3.25agency relating to a statute or rule which a board is empowered to enforce must be
3.26forwarded to the executive director of the board to be processed in accordance with this
3.27section. Governmental agencies
3.28complaints that involve more than one governmental agency.
3.29 Sec. 5. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
3.30to read:
3.31 Subd. 5. Health professional services program. The health-related licensing
3.32boards shall include information regarding the health professional services program on
3.33their Web sites.
4.1 Sec. 6. Minnesota Statutes 2012, section 214.29, is amended to read:
4.2214.29 PROGRAM REQUIRED.
4.3Each health-related licensing board, including the Emergency Medical Services
4.4Regulatory Board under chapter 144E, shall
4.5professionals service program under sections
4.6
4.7unable to practice with reasonable skill and safety by reason of illness, use of alcohol,
4.8drugs, chemicals, or any other materials, or as a result of any mental, physical, or
4.9psychological condition.
4.10 Sec. 7. Minnesota Statutes 2012, section 214.31, is amended to read:
4.11214.31 AUTHORITY.
4.12
4.13
4.14the health-related licensing boards to conduct a health professionals services program to
4.15protect the public from persons regulated by the boards who are unable to practice with
4.16reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any
4.17other materials, or as a result of any mental, physical, or psychological condition. The
4.18program does not affect a board's authority to discipline violations of a board's practice act.
4.19For purposes of sections
4.20shall be included in the definition of a health-related licensing board under chapter 144E.
4.21 Sec. 8. Minnesota Statutes 2012, section 214.32, is amended to read:
4.22214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
4.23 Subdivision 1. Management. (a) A Health Professionals Services Program
4.24Committee is established, consisting of
4.25
4.26executive directors of health-related licensing boards or their designees, and two members
4.27of the advisory committee established in paragraph (c). Program committee members
4.28from the health-related licensing boards shall be appointed by a means agreeable to the
4.29executive directors of the health-related licensing boards in July of odd-numbered years.
4.30Members from the advisory committee shall be appointed by a means agreeable to advisory
4.31committee members in July of odd-numbered years. The program committee shall
4.32designate one board to provide administrative management of the program, set the program
4.33budget and the pro rata share of program expenses to be borne by each participating
5.1board, provide guidance on the general operation of the program, including hiring of
5.2program personnel, and ensure that the program's direction is in accord with its authority.
5.3The program committee shall establish uniform criteria and procedures governing
5.4termination and discharge for all health professionals served by the health professionals
5.5services program. If the participating boards change which board is designated to
5.6provide administrative management of the program, any appropriation remaining for the
5.7program shall transfer to the newly designated board on the effective date of the change.
5.8The participating boards must inform the appropriate legislative committees and the
5.9commissioner of management and budget of any change in the administrative management
5.10of the program, and the amount of any appropriation transferred under this provision.
5.11 (b) The designated board, upon recommendation of the Health Professional Services
5.12Program Committee, shall hire the program manager and employees and pay expenses
5.13of the program from funds appropriated for that purpose. The designated board may
5.14apply for grants to pay program expenses and may enter into contracts on behalf of the
5.15program to carry out the purposes of the program. The participating boards shall enter into
5.16written agreements with the designated board.
5.17 (c) An advisory committee is established to advise the program committee consisting
5.18of:
5.19 (1) one member appointed by each
5.20
5.21
5.22
5.23
5.24professionals services program services; and
5.25 (2)
5.26
5.27
5.28 Members of the advisory committee shall be appointed for two years and members
5.29may be reappointed.
5.30 Subd. 2. Services. (a) The program shall provide the following services to program
5.31participants:
5.32(1) referral of eligible regulated persons to qualified professionals for evaluation,
5.33treatment, and a written plan for continuing care consistent with the regulated person's
5.34illness. The referral shall take into consideration the regulated person's financial resources
5.35as well as specific needs;
6.1(2) development of individualized program participation agreements between
6.2participants and the program to meet the needs of participants and protect the public. An
6.3agreement may include, but need not be limited to, recommendations from the continuing
6.4care plan, practice monitoring, health monitoring, practice restrictions, random drug
6.5screening, support group participation, filing of reports necessary to document compliance,
6.6and terms for successful completion of the regulated person's program; and
6.7(3) monitoring of compliance by participants with individualized program
6.8participation agreements or board orders.
6.9(b) The program may develop services related to sections
6.10employers and colleagues of regulated persons from participating boards.
6.11 Subd. 3. Participant costs. Each program participant shall be responsible for
6.12paying for the costs of physical, psychosocial, or other related evaluation, treatment,
6.13laboratory monitoring, and random drug screens.
6.14 Subd. 4. Eligibility. Admission to the health professional services program is
6.15available to a person regulated by a participating board who is unable to practice with
6.16reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
6.17any other materials, or as a result of any mental, physical, or psychological condition.
6.18Admission in the health professional services program shall be denied to persons:
6.19(1) who have diverted controlled substances for other than self-administration;
6.20(2) who have been terminated from this or any other state professional services
6.21program for noncompliance in the program, unless referred by a participating board or the
6.22commissioner of health;
6.23(3) currently under a board disciplinary order or corrective action agreement, unless
6.24referred by a board;
6.25(4)
6.26
6.27
6.28
6.29 Subd. 5. Completion; voluntary termination; discharge. (a) A regulated person
6.30completes the program when the terms of the program participation agreement are fulfilled.
6.31(b) A regulated person may voluntarily terminate participation in the health
6.32professionals service program at any time
6.33result in the program manager making a report to the regulated person's board under
6.34section 214.33, subdivision 3.
6.35(c) The program manager may choose to discharge a regulated person from the
6.36program and make a referral to the person's board at any time for reasons including but not
7.1limited to: the degree of cooperation and compliance by the regulated person, the inability
7.2to secure information or the medical records of the regulated person, or indication of other
7.3possible violations of the regulated person's practice act. The regulated person shall be
7.4notified in writing by the program manager of any change in the person's program status.
7.5A regulated person who has been terminated or discharged from the program may be
7.6referred back to the program for monitoring.
7.7 Subd. 6. Duties of a health-related licensing board. (a) Upon receiving
7.8notice from the program manager that a regulated person has been discharged due to
7.9noncompliance or voluntary withdrawal, when the appropriate licensing board has
7.10probable cause to believe continued practice by the regulated person presents an imminent
7.11risk of harm, the licensing board shall temporarily suspend the regulated person's
7.12professional license. The suspension shall take effect upon written notice to the regulated
7.13person and shall specify the reason for the suspension.
7.14(b) The suspension shall remain in effect until the appropriate licensing board
7.15completes an investigation and issues a final order in the matter after a hearing.
7.16(c) At the time it issues the suspension notice, the appropriate licensing board shall
7.17schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
7.18The regulated person shall be provided with at least 20 days' notice of any hearing held
7.19pursuant to this subdivision. The hearing shall be scheduled no later than 60 days after
7.20issuance of the suspension order.
7.21 Sec. 9. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
7.22 Subd. 3. Program manager. (a) The program manager shall report to the
7.23appropriate participating board a regulated person who:
7.24(1) does not meet program admission criteria
7.25(2) violates the terms of the program participation agreement
7.26(3) leaves the program except upon fulfilling the terms for successful completion of
7.27the program as set forth in the participation agreement
7.28(4) is subject to the provisions of sections 214.17 to 214.25;
7.29(5) caused identifiable patient harm;
7.30(6) substituted or adulterated medications;
7.31(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
7.32name of a person or veterinary patient for personal use; or
7.33
7.34
8.1are outside the authority of the health professionals services program as described in
8.2sections
8.3(b) The program manager shall inform any reporting person of the disposition of the
8.4person's report to the program.
8.5 Sec. 10. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
8.6Each health-related licensing board, including the Emergency Medical Services
8.7Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
8.8if a regulated person violates the terms of the health professionals services program
8.9participation agreement or leaves the program except upon fulfilling the terms for
8.10successful completion of the program as set forth in the participation agreement.
8.11 Sec. 11. REVISOR'S INSTRUCTION.
8.12The revisor shall remove cross-references to the sections repealed in section 12
8.13wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
8.14necessary to correct the punctuation, grammar, or structure of the remaining text and
8.15preserve its meaning.
8.16 Sec. 12. REPEALER.
8.17Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, are repealed.
8.18 Sec. 13. EFFECTIVE DATE.
8.19Sections 1 to 12 are effective July 1, 2014.
