Bill Text: MN HF1898 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
1.2relating to health; making changes to the health professionals services program;
1.3requiring a disciplinary investigation for noncompliance and temporary license
1.4suspension; classifying data;amending Minnesota Statutes 2012, sections
1.5214.28; 214.29; 214.31; 214.32, subdivision 1, by adding a subdivision; 214.35;
1.6repealing Minnesota Statutes 2012, sections 214.36; 214.37.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 214.28, is amended to read:
1.9214.28 DIVERSION PROGRAM.
1.10A health-related licensing boardmay shall establish performance criteria and
1.11contract for a diversion program for regulated professionals who are unable to practice
1.12with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
1.13any other materials, or as a result of any mental, physical, or psychological condition.
1.14 Sec. 2. Minnesota Statutes 2012, section 214.29, is amended to read:
1.15214.29 PROGRAM REQUIRED.
1.16Each health-related licensing board, including the Emergency Medical Services
1.17Regulatory Board under chapter 144E,shall either conduct a health professionals service
1.18program under sections
214.31 to
214.37 or shall contract with the health professionals
1.19services program established under sections 214.31 to 214.35 fora the diversion program
1.20 required under section214.28 .
1.21 Sec. 3. Minnesota Statutes 2012, section 214.31, is amended to read:
1.22214.31 AUTHORITY.
2.1Two or more of the health-related licensing boards listed in section
214.01,
2.2subdivision 2
, may jointly The health professionals services program is authorized to
2.3contract with the health-related licensing boards to conduct a health professionals services
2.4program to protect the public from persons regulated by the boards who are unable to
2.5practice with reasonable skill and safety by reason of illness, use of alcohol, drugs,
2.6chemicals, or any other materials, or as a result of any mental, physical, or psychological
2.7condition. The program does not affect a board's authority to discipline violations of a
2.8board's practice act. For purposes of sections214.31 to
214.37 , the emergency medical
2.9services regulatory board shall be included in the definition of a health-related licensing
2.10board under chapter 144E.
2.11 Sec. 4. Minnesota Statutes 2012, section 214.32, subdivision 1, is amended to read:
2.12 Subdivision 1. Management. (a) A Health Professionals ServicesProgram
2.13 Advisory Committee is established, consisting of one person appointed by each
2.14participating board, with each participating board having one vote. The committee shall
2.15designate one board to provide administrative management of the program, set the program
2.16budget and the pro rata share of program expenses to be borne by each participating
2.17board, provide guidance on the general operation of the program, including hiring of
2.18program personnel, and ensure that the program's direction is in accord with its authority.
2.19If the participating boards change which board is designated to provide administrative
2.20management of the program, any appropriation remaining for the program shall transfer to
2.21the newly designated board on the effective date of the change. The participating boards
2.22must inform the appropriate legislative committees and the commissioner of management
2.23and budget of any change in the administrative management of the program, and the
2.24amount of any appropriation transferred under this provision. to provide advice to the
2.25health professionals services program on profession specific monitoring and care plans
2.26to ensure the regulated person does not endanger public safety while receiving services
2.27from the program. The advisory committee shall consist of:
2.28(1) the executive director of each health-related licensing board, or the director's
2.29designee;
2.30(2) one member appointed by the Minnesota Academy of Physician Assistants;
2.31(3) one member appointed by the Minnesota Dental Association;
2.32(4) one member appointed by the Minnesota Chiropractic Association;
2.33(5) one member appointed by the Minnesota Licensed Practical Nurse Association;
2.34(6) one member appointed by the Minnesota Medical Association;
2.35(7) one member appointed by the Minnesota Nurses Association;
3.1(8) one member appointed by the Minnesota Podiatric Medicine Association; and
3.2(9) one member appointed by each of the professional associations of other
3.3professions regulated by a participating board not specified in clauses (2) to (8).
3.4 (b) Members of the advisory committee designated in paragraph (a), clauses (2) to
3.5(9), shall be appointed for two years and may be reappointed.
3.6(b) The designated board, upon recommendation of the Health Professional Services
3.7Program Committee, shall hire the program manager and employees and pay expenses
3.8of the program from funds appropriated for that purpose. The designated board may
3.9apply for grants to pay program expenses and may enter into contracts on behalf of the
3.10program to carry out the purposes of the program. The participating boards shall enter into
3.11written agreements with the designated board.
3.12(c) An advisory committee is established to advise the program committee consisting
3.13of:
3.14(1) one member appointed by each of the following: the Minnesota Academy of
3.15Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
3.16Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
3.17Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
3.18Association;
3.19(2) one member appointed by each of the professional associations of the other
3.20professions regulated by a participating board not specified in clause (1); and
3.21(3) two public members, as defined by section
214.02.
3.22Members of the advisory committee shall be appointed for two years and members
3.23may be reappointed.
3.24 Sec. 5. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
3.25to read:
3.26 Subd. 6. Duties of health-related licensing board. Upon receiving notice of
3.27discharge due to noncompliance, the appropriate licensing board shall temporarily suspend
3.28the regulated person's professional license until completion of a disciplinary investigation
3.29which must be completed by the licensing board within 60 days of receipt of notice of
3.30discharge from the health professionals services program.
3.31 Sec. 6. Minnesota Statutes 2012, section 214.35, is amended to read:
3.32214.35 CLASSIFICATION OF DATA.
3.33(a) All data collected and maintained and any agreements with regulated persons
3.34entered into as part of the program is classified as active investigative data under section
4.113.41
while the individual is in the program, except for monitoring data which is classified
4.2as private. When a regulated person successfully completes the program, the data and
4.3participation agreement become inactive investigative data which shall be classified as
4.4private data under section13.02, subdivision 12 , or nonpublic data under section
13.02,
4.5subdivision 9 , in the case of data not on individuals. Data and agreements shall not be
4.6forwarded to the board unless the program reports a participant to a board as described
4.7in section214.33, subdivision 3 .
4.8(b) Data related to discharge from the program for noncompliance and subsequent
4.9temporary license suspension shall be classified as private data under section 13.02,
4.10subdivision 12, in cases where a licensing board has not pursued disciplinary action within
4.1160 days of receiving notice of discharge from the health professionals services program.
4.12 Sec. 7. COMMISSIONER OF ADMINISTRATION.
4.13The commissioner of administration shall conduct an intake survey of the health
4.14professionals services program to study the management and organization of the program
4.15and reorganize the program, if necessary, to ensure its effective and efficient operation.
4.16 Sec. 8. REVISOR'S INSTRUCTION.
4.17The revisor shall remove cross-references to the sections repealed in section 9
4.18wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
4.19necessary to correct the punctuation, grammar, or structure of the remaining text and
4.20preserve its meaning.
4.21 Sec. 9. REPEALER.
4.22Minnesota Statutes 2012, sections 214.36; and 214.37, are repealed.
4.23 Sec. 10. EFFECTIVE DATE.
4.24Sections 1 to 9 are effective July 1, 2014.
1.3requiring a disciplinary investigation for noncompliance and temporary license
1.4suspension; classifying data;amending Minnesota Statutes 2012, sections
1.5214.28; 214.29; 214.31; 214.32, subdivision 1, by adding a subdivision; 214.35;
1.6repealing Minnesota Statutes 2012, sections 214.36; 214.37.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 214.28, is amended to read:
1.9214.28 DIVERSION PROGRAM.
1.10A health-related licensing board
1.11contract for a diversion program for regulated professionals who are unable to practice
1.12with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
1.13any other materials, or as a result of any mental, physical, or psychological condition.
1.14 Sec. 2. Minnesota Statutes 2012, section 214.29, is amended to read:
1.15214.29 PROGRAM REQUIRED.
1.16Each health-related licensing board, including the Emergency Medical Services
1.17Regulatory Board under chapter 144E,
1.18
1.19services program established under sections 214.31 to 214.35 for
1.20 required under section
1.21 Sec. 3. Minnesota Statutes 2012, section 214.31, is amended to read:
1.22214.31 AUTHORITY.
2.1
2.2
2.3contract with the health-related licensing boards to conduct a health professionals services
2.4program to protect the public from persons regulated by the boards who are unable to
2.5practice with reasonable skill and safety by reason of illness, use of alcohol, drugs,
2.6chemicals, or any other materials, or as a result of any mental, physical, or psychological
2.7condition. The program does not affect a board's authority to discipline violations of a
2.8board's practice act. For purposes of sections
2.9services regulatory board shall be included in the definition of a health-related licensing
2.10board under chapter 144E.
2.11 Sec. 4. Minnesota Statutes 2012, section 214.32, subdivision 1, is amended to read:
2.12 Subdivision 1. Management. (a) A Health Professionals Services
2.13 Advisory Committee is established
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25health professionals services program on profession specific monitoring and care plans
2.26to ensure the regulated person does not endanger public safety while receiving services
2.27from the program. The advisory committee shall consist of:
2.28(1) the executive director of each health-related licensing board, or the director's
2.29designee;
2.30(2) one member appointed by the Minnesota Academy of Physician Assistants;
2.31(3) one member appointed by the Minnesota Dental Association;
2.32(4) one member appointed by the Minnesota Chiropractic Association;
2.33(5) one member appointed by the Minnesota Licensed Practical Nurse Association;
2.34(6) one member appointed by the Minnesota Medical Association;
2.35(7) one member appointed by the Minnesota Nurses Association;
3.1(8) one member appointed by the Minnesota Podiatric Medicine Association; and
3.2(9) one member appointed by each of the professional associations of other
3.3professions regulated by a participating board not specified in clauses (2) to (8).
3.4 (b) Members of the advisory committee designated in paragraph (a), clauses (2) to
3.5(9), shall be appointed for two years and may be reappointed.
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24 Sec. 5. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
3.25to read:
3.26 Subd. 6. Duties of health-related licensing board. Upon receiving notice of
3.27discharge due to noncompliance, the appropriate licensing board shall temporarily suspend
3.28the regulated person's professional license until completion of a disciplinary investigation
3.29which must be completed by the licensing board within 60 days of receipt of notice of
3.30discharge from the health professionals services program.
3.31 Sec. 6. Minnesota Statutes 2012, section 214.35, is amended to read:
3.32214.35 CLASSIFICATION OF DATA.
3.33(a) All data collected and maintained and any agreements with regulated persons
3.34entered into as part of the program is classified as active investigative data under section
4.2as private. When a regulated person successfully completes the program, the data and
4.3participation agreement become inactive investigative data which shall be classified as
4.4private data under section
4.5subdivision 9
4.6forwarded to the board unless the program reports a participant to a board as described
4.7in section
4.8(b) Data related to discharge from the program for noncompliance and subsequent
4.9temporary license suspension shall be classified as private data under section 13.02,
4.10subdivision 12, in cases where a licensing board has not pursued disciplinary action within
4.1160 days of receiving notice of discharge from the health professionals services program.
4.12 Sec. 7. COMMISSIONER OF ADMINISTRATION.
4.13The commissioner of administration shall conduct an intake survey of the health
4.14professionals services program to study the management and organization of the program
4.15and reorganize the program, if necessary, to ensure its effective and efficient operation.
4.16 Sec. 8. REVISOR'S INSTRUCTION.
4.17The revisor shall remove cross-references to the sections repealed in section 9
4.18wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
4.19necessary to correct the punctuation, grammar, or structure of the remaining text and
4.20preserve its meaning.
4.21 Sec. 9. REPEALER.
4.22Minnesota Statutes 2012, sections 214.36; and 214.37, are repealed.
4.23 Sec. 10. EFFECTIVE DATE.
4.24Sections 1 to 9 are effective July 1, 2014.
