Bill Text: MN HF2117 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Health occupation complaint processes modified, and licenses prohibited to individuals with felony-level sexual conduct convictions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-08 - Introduction and first reading, referred to Health and Human Services Reform [HF2117 Detail]
Download: Minnesota-2011-HF2117-Introduced.html
1.2relating to health occupations; modifying complaint processes; prohibiting
1.3licenses to certain individuals with felony-level sexual conduct convictions;
1.4amending Minnesota Statutes 2010, sections 214.103; 364.09; proposing coding
1.5for new law in Minnesota Statutes, chapter 214.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 214.103, is amended to read:
1.8214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
1.9INVESTIGATION, AND HEARING.
1.10 Subdivision 1. Application. For purposes of this section, "board" means
1.11"health-related licensing board" and does not include the non-health-related licensing
1.12boards. Nothing in this section supersedes section214.10, subdivisions 2a, 3, 8, and 9 , as
1.13they apply to the health-related licensing boards.
1.14 Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
1.15or other communications, whether oral or written, against regulated persons. Before
1.16resolving an oral complaint, the executive director or a board member designated by the
1.17board to review complaintsmay shall require the complainant to state the complaint in
1.18writing or authorize transcribing the complaint. The executive director or the designated
1.19board member shall determine whether the complaint alleges or implies a violation of
1.20a statute or rule which the board is empowered to enforce. The executive director or
1.21the designated board member may consult with the designee of the attorney general as
1.22to a board's jurisdiction over a complaint. If the executive director or the designated
1.23board member determines that it is necessary, the executive director may seek additional
1.24information to determine whether the complaint is jurisdictional or to clarify the nature
2.1of the allegations by obtaining records or other written material, obtaining a handwriting
2.2sample from the regulated person, clarifying the alleged facts with the complainant, and
2.3requesting a written response from the subject of the complaint.
2.4 Subd. 2a. Notifications and resolution. (a) No more than 14 calendar days after
2.5receiving a complaint regarding a licensee, the board shall notify the complainant that
2.6the board has received the complaint and shall provide the complainant with the written
2.7description of the board's complaint process. The board shall periodically, but no less
2.8than every 120 days, notify the complainant of the status of the complaint consistent
2.9with section 13.41.
2.10(b) Except as provided in paragraph (d), no more than 60 calendar days after
2.11receiving a complaint regarding a licensee, the board must notify the licensee that the
2.12board has received a complaint and inform the licensee of:
2.13(1) the substance of the complaint;
2.14(2) the sections of the law that have allegedly been violated;
2.15(3) the sections of the professional rules that have allegedly been violated; and
2.16(4) whether an investigation is being conducted.
2.17(c) The board shall periodically, but not less than every 120 days, notify the licensee
2.18of the status of the complaint consistent with section 13.41.
2.19(d) Paragraphs (b) and (c) do not apply if the board determines that the notice
2.20would compromise the board's investigation and that the notice cannot reasonably be
2.21accomplished within this time.
2.22(e) No more than one year after receiving a complaint regarding a licensee, the
2.23board must resolve or dismiss the complaint unless the board determines that resolving or
2.24dismissing the complaint cannot reasonably be accomplished in this time and is not in
2.25the public interest.
2.26(f) Failure to make notifications or to resolve the complaint within the time
2.27established in this subdivision shall not deprive the board of jurisdiction to complete the
2.28investigation or to take corrective, disciplinary, or other action against the licensee that is
2.29authorized by law. Such a failure by the board shall not be the basis for a licensee's request
2.30for the board to dismiss a complaint, and shall not be considered by an administrative law
2.31judge, the board, or any reviewing court.
2.32 Subd. 3. Referral to other agencies. The executive director shall forward to
2.33another governmental agency any complaints received by the board which do not relate
2.34to the board's jurisdiction but which relate to matters within the jurisdiction of another
2.35governmental agency. The agency shall advise the executive director of the disposition
2.36of the complaint. A complaint or other information received by another governmental
3.1agency relating to a statute or rule which a board is empowered to enforce must be
3.2forwarded to the executive director of the board to be processed in accordance with this
3.3section. Governmental agencies may coordinate and conduct joint investigations of
3.4complaints that involve more than one governmental agency.
3.5 Subd. 4. Role of the attorney general. The executive director or the designated
3.6board member shall forward a complaint and any additional information to the designee
3.7of the attorney general when the executive director or the designated board member
3.8determines that a complaint is jurisdictional and:
3.9(1) requires investigation before the executive director or the designated board
3.10member may resolve the complaint;
3.11(2) that attempts at resolution for disciplinary action or the initiation of a contested
3.12case hearing is appropriate;
3.13(3) that an agreement for corrective action is warranted; or
3.14(4) that the complaint should be dismissed, consistent with subdivision 8.
3.15 Subd. 5. Investigation by attorney general. (a) If the executive director or the
3.16designated board member determines that investigation is necessary before resolving
3.17the complaint, the executive director shall forward the complaint and any additional
3.18information to the designee of the attorney general. The designee of the attorney general
3.19shall evaluate the communications forwarded and investigate as appropriate.
3.20(b) The designee of the attorney general may also investigate any other complaint
3.21forwarded under subdivision 3 when the designee of the attorney general determines that
3.22investigation is necessary.
3.23(c) In the process of evaluation and investigation, the designee shall consult with
3.24or seek the assistance of the executive director or the designated board member. The
3.25designee may also consult with or seek the assistance of other qualified persons who are
3.26not members of the board who the designee believes will materially aid in the process of
3.27evaluation or investigation.
3.28(d) Upon completion of the investigation, the designee shall forward the investigative
3.29report to the executive director with recommendations for further consideration or
3.30dismissal.
3.31 Subd. 6. Attempts at resolution. (a) At any time after receipt of a complaint, the
3.32executive director or the designated board member may attempt to resolve the complaint
3.33with the regulated person. The available means for resolution include a conference or
3.34any other written or oral communication with the regulated person. A conference may
3.35be held for the purposes of investigation, negotiation, education, or conciliation. Neither
3.36the executive director nor any member of a board's staff shall be a voting member in any
4.1attempts at resolutions that may result in disciplinary or corrective action. The results
4.2of attempts at resolution with the regulated person may include a recommendation to
4.3the board for disciplinary action, an agreement between the executive director or the
4.4designated board member and the regulated person for corrective action, or the dismissal
4.5of a complaint. If attempts at resolution are not in the public interestor are not satisfactory
4.6to the executive director or the designated board member, then the executive director or
4.7the designated board member may initiate, a contested case hearing may be initiated.
4.8(1) The designee of the attorney general shall represent the board in all attempts at
4.9resolution which the executive director or the designated board member anticipate may
4.10result in disciplinary action. A stipulation between the executive director or the designated
4.11board member and the regulated person shall be presented to the board for the board's
4.12consideration. An approved stipulation and resulting order shall become public data.
4.13(2) The designee of the attorney general shall represent the board upon the request of
4.14the executive director or the designated board member in all attempts at resolution which
4.15the executive director or the designated board member anticipate may result in corrective
4.16action. Any agreement between the executive director or the designated board member
4.17and the regulated person for corrective action shall be in writing and shall be reviewed by
4.18the designee of the attorney general prior to its execution. The agreement for corrective
4.19action shall provide for dismissal of the complaint upon successful completion by the
4.20regulated person of the corrective action.
4.21(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
4.22client, the board must forward the complaint to the designee of the attorney general for
4.23an investigation. If, after it is investigated, the complaint appears to provide a basis for
4.24disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
4.25a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
4.26corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
4.27client unless, in the opinion of the executive director, the designated board member, and the
4.28designee of the attorney general, there is insufficient evidence to justify disciplinary action.
4.29 Subd. 7. Contested case hearing. If the executive director or the designated board
4.30member determines that attempts at resolution of a complaint are not in the public interest
4.31or are not satisfactory to the executive director or the designated board member, the
4.32executive director or the designated board member, after consultation with the designee
4.33of the attorney general, and the concurrence of a second board member, may initiate a
4.34contested case hearing under chapter 14. The designated board member or any board
4.35member who was consulted during the course of an investigation may participate at the
5.1contested case hearing. A designated or consulted board member may not deliberate or
5.2vote in any proceeding before the board pertaining to the case.
5.3 Subd. 8. Dismissal and reopening of a complaint. (a) A complaint may not be
5.4dismissed without the concurrence of at least two board members and, upon the request
5.5of the complainant, a review by a representative of the attorney general's office. The
5.6designee of the attorney general must review before dismissal any complaints which
5.7allege any violation of chapter 609, any conduct which would be required to be reported
5.8under section626.556 or
626.557 , any sexual contact or sexual conduct with a client,
5.9any violation of a federal law, any actual or potential inability to practice the regulated
5.10profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
5.11materials, or as a result of any mental or physical condition, any violation of state medical
5.12assistance laws, or any disciplinary action related to credentialing in another jurisdiction
5.13or country which was based on the same or related conduct specified in this subdivision.
5.14(b) The board may reopen a dismissed complaint if the board receives newly
5.15discovered information that was not available to the board during the initial investigation
5.16of the complaint, or if the board receives a new complaint that indicates a pattern of
5.17behavior or conduct.
5.18 Subd. 9. Information to complainant. A board shall furnish to a person who made
5.19a complaint a written description of the board's complaint process, and actions of the
5.20board relating to the complaint.
5.21 Subd. 10. Prohibited participation by board member. A board member who
5.22has actual bias or a current or former direct financial or professional connection with a
5.23regulated person may not vote in board actions relating to the regulated person.
5.24 Sec. 2. [214.107] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
5.25CONDUCT OFFENSE.
5.26 Subdivision 1. Applicability. This section applies to the health-related licensing
5.27boards, as defined in section 214.01, subdivision 2, except the Board of Medical Practice
5.28and the Board of Chiropractic Examiners, and also applies to the Board of Barber
5.29Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
5.30Minnesota Department of Health: (1) speech-language pathologists and audiologists; (2)
5.31hearing instrument dispensers; and (3) occupational therapists and occupational therapy
5.32assistants.
5.33 Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
5.34paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a
5.35credential to practice to any person who has been convicted on or after August 1, 2011, of
6.1any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
6.2subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
6.3(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
6.4credential to practice to any person who has been convicted in any other state or country on
6.5or after August 1, 2011, of an offense where the elements of the offense are substantially
6.6similar to any of the offenses listed in paragraph (a).
6.7(c) A credential to practice is automatically revoked if the credentialed person is
6.8convicted of an offense listed in paragraph (a).
6.9(d) A credential to practice that has been denied or revoked under this section is
6.10not subject to chapter 364.
6.11(e) For purposes of this section, "conviction" means a plea of guilty, a verdict of
6.12guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
6.13execution of the sentence and final disposition of the case is accomplished at a nonfelony
6.14level.
6.15(f) A credentialing authority listed in subdivision 1 may establish criteria whereby
6.16an individual convicted of an offense listed in paragraph (a) may become credentialed
6.17provided that the criteria:
6.18(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
6.19(2) provide a standard for overcoming the presumption; and
6.20(3) require that a minimum of ten years has elapsed since the applicant was released
6.21from any incarceration or supervisory jurisdiction related to the offense.
6.22A credentialing authority listed in subdivision 1 shall not consider an application under
6.23this paragraph if the board determines that the victim involved in the offense was a patient
6.24or a client of the applicant at the time of the offense.
6.25EFFECTIVE DATE.This section is effective for credentials issued or renewed on
6.26or after August 1, 2011.
6.27 Sec. 3. Minnesota Statutes 2010, section 364.09, is amended to read:
6.28364.09 EXCEPTIONS.
6.29(a) This chapter does not apply to the licensing process for peace officers; to law
6.30enforcement agencies as defined in section626.84, subdivision 1 , paragraph (f); to fire
6.31protection agencies; to eligibility for a private detective or protective agent license; to the
6.32licensing and background study process under chapters 245A and 245C; to eligibility
6.33for school bus driver endorsements; to eligibility for special transportation service
6.34endorsements; to eligibility for a commercial driver training instructor license, which is
7.1governed by section171.35 and rules adopted under that section; to emergency medical
7.2services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
7.3applicant for the license has been discharged from sentence for a conviction within the ten
7.4years immediately preceding application of a violation of any of the following:
7.5(1) sections609.185 to
609.21 ,
609.221 to
609.223 ,
609.342 to
609.3451 , or
617.23,
7.6subdivision 2 or 3 ;
7.7(2) any provision of chapter 152 that is punishable by a maximum sentence of
7.815 years or more; or
7.9(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
7.10the scene of an accident, or reckless or careless driving.
7.11This chapter also shall not apply to eligibility for juvenile corrections employment, where
7.12the offense involved child physical or sexual abuse or criminal sexual conduct.
7.13(b) This chapter does not apply to a school district or to eligibility for a license
7.14issued or renewed by the Board of Teaching or the commissioner of education.
7.15(c) Nothing in this section precludes the Minnesota Police and Peace Officers
7.16Training Board or the state fire marshal from recommending policies set forth in this
7.17chapter to the attorney general for adoption in the attorney general's discretion to apply to
7.18law enforcement or fire protection agencies.
7.19(d) This chapter does not apply to a license to practice medicine that has been denied
7.20or revoked by the Board of Medical Practice pursuant to section147.091, subdivision 1a .
7.21(e) This chapter does not apply to any person who has been denied a license to
7.22practice chiropractic or whose license to practice chiropractic has been revoked by the
7.23board in accordance with section148.10, subdivision 7 .
7.24(f) This chapter does not apply to any person who has been denied a credential to
7.25practice or whose credential to practice has been revoked by a credentialing authority
7.26according to section 214.107, subdivision 2.
7.27EFFECTIVE DATE.This section is effective for credentials issued or renewed on
7.28or after August 1, 2011.
7.29 Sec. 4. WORKING GROUP; PSYCHIATRIC MEDICATIONS.
7.30(a) The commissioner of health shall convene a working group composed of the
7.31executive directors of the Boards of Medical Practice, Psychology, Social Work, Nursing,
7.32and Behavioral Health and Therapy and one representative from each professional
7.33association to make recommendations on the feasibility of developing collaborative
7.34agreements between psychiatrists and psychologists, social workers, and licensed
8.1professional clinical counselors for administration and management of psychiatric
8.2medications.
8.3(b) The executive directors shall take the lead in setting the agenda, convening
8.4subsequent meetings, and presenting a written report to the chairs and ranking minority
8.5members of the legislative committees with jurisdiction over health and human services.
8.6The report and recommendations for legislation shall be submitted no later than January
8.71, 2012.
8.8(c) The working group is not subject to Minnesota Statutes, section 15.059.
1.3licenses to certain individuals with felony-level sexual conduct convictions;
1.4amending Minnesota Statutes 2010, sections 214.103; 364.09; proposing coding
1.5for new law in Minnesota Statutes, chapter 214.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 214.103, is amended to read:
1.8214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
1.9INVESTIGATION, AND HEARING.
1.10 Subdivision 1. Application. For purposes of this section, "board" means
1.11"health-related licensing board" and does not include the non-health-related licensing
1.12boards. Nothing in this section supersedes section
1.13they apply to the health-related licensing boards.
1.14 Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
1.15or other communications, whether oral or written, against regulated persons. Before
1.16resolving an oral complaint, the executive director or a board member designated by the
1.17board to review complaints
1.18writing or authorize transcribing the complaint. The executive director or the designated
1.19board member shall determine whether the complaint alleges or implies a violation of
1.20a statute or rule which the board is empowered to enforce. The executive director or
1.21the designated board member may consult with the designee of the attorney general as
1.22to a board's jurisdiction over a complaint. If the executive director or the designated
1.23board member determines that it is necessary, the executive director may seek additional
1.24information to determine whether the complaint is jurisdictional or to clarify the nature
2.1of the allegations by obtaining records or other written material, obtaining a handwriting
2.2sample from the regulated person, clarifying the alleged facts with the complainant, and
2.3requesting a written response from the subject of the complaint.
2.4 Subd. 2a. Notifications and resolution. (a) No more than 14 calendar days after
2.5receiving a complaint regarding a licensee, the board shall notify the complainant that
2.6the board has received the complaint and shall provide the complainant with the written
2.7description of the board's complaint process. The board shall periodically, but no less
2.8than every 120 days, notify the complainant of the status of the complaint consistent
2.9with section 13.41.
2.10(b) Except as provided in paragraph (d), no more than 60 calendar days after
2.11receiving a complaint regarding a licensee, the board must notify the licensee that the
2.12board has received a complaint and inform the licensee of:
2.13(1) the substance of the complaint;
2.14(2) the sections of the law that have allegedly been violated;
2.15(3) the sections of the professional rules that have allegedly been violated; and
2.16(4) whether an investigation is being conducted.
2.17(c) The board shall periodically, but not less than every 120 days, notify the licensee
2.18of the status of the complaint consistent with section 13.41.
2.19(d) Paragraphs (b) and (c) do not apply if the board determines that the notice
2.20would compromise the board's investigation and that the notice cannot reasonably be
2.21accomplished within this time.
2.22(e) No more than one year after receiving a complaint regarding a licensee, the
2.23board must resolve or dismiss the complaint unless the board determines that resolving or
2.24dismissing the complaint cannot reasonably be accomplished in this time and is not in
2.25the public interest.
2.26(f) Failure to make notifications or to resolve the complaint within the time
2.27established in this subdivision shall not deprive the board of jurisdiction to complete the
2.28investigation or to take corrective, disciplinary, or other action against the licensee that is
2.29authorized by law. Such a failure by the board shall not be the basis for a licensee's request
2.30for the board to dismiss a complaint, and shall not be considered by an administrative law
2.31judge, the board, or any reviewing court.
2.32 Subd. 3. Referral to other agencies. The executive director shall forward to
2.33another governmental agency any complaints received by the board which do not relate
2.34to the board's jurisdiction but which relate to matters within the jurisdiction of another
2.35governmental agency. The agency shall advise the executive director of the disposition
2.36of the complaint. A complaint or other information received by another governmental
3.1agency relating to a statute or rule which a board is empowered to enforce must be
3.2forwarded to the executive director of the board to be processed in accordance with this
3.3section. Governmental agencies may coordinate and conduct joint investigations of
3.4complaints that involve more than one governmental agency.
3.5 Subd. 4. Role of the attorney general. The executive director or the designated
3.6board member shall forward a complaint and any additional information to the designee
3.7of the attorney general when the executive director or the designated board member
3.8determines that a complaint is jurisdictional and:
3.9(1) requires investigation before the executive director or the designated board
3.10member may resolve the complaint;
3.11(2) that attempts at resolution for disciplinary action or the initiation of a contested
3.12case hearing is appropriate;
3.13(3) that an agreement for corrective action is warranted; or
3.14(4) that the complaint should be dismissed, consistent with subdivision 8.
3.15 Subd. 5. Investigation by attorney general. (a) If the executive director or the
3.16designated board member determines that investigation is necessary before resolving
3.17the complaint, the executive director shall forward the complaint and any additional
3.18information to the designee of the attorney general. The designee of the attorney general
3.19shall evaluate the communications forwarded and investigate as appropriate.
3.20(b) The designee of the attorney general may also investigate any other complaint
3.21forwarded under subdivision 3 when the designee of the attorney general determines that
3.22investigation is necessary.
3.23(c) In the process of evaluation and investigation, the designee shall consult with
3.24or seek the assistance of the executive director or the designated board member. The
3.25designee may also consult with or seek the assistance of other qualified persons who are
3.26not members of the board who the designee believes will materially aid in the process of
3.27evaluation or investigation.
3.28(d) Upon completion of the investigation, the designee shall forward the investigative
3.29report to the executive director with recommendations for further consideration or
3.30dismissal.
3.31 Subd. 6. Attempts at resolution. (a) At any time after receipt of a complaint, the
3.32executive director or the designated board member may attempt to resolve the complaint
3.33with the regulated person. The available means for resolution include a conference or
3.34any other written or oral communication with the regulated person. A conference may
3.35be held for the purposes of investigation, negotiation, education, or conciliation. Neither
3.36the executive director nor any member of a board's staff shall be a voting member in any
4.1attempts at resolutions that may result in disciplinary or corrective action. The results
4.2of attempts at resolution with the regulated person may include a recommendation to
4.3the board for disciplinary action, an agreement between the executive director or the
4.4designated board member and the regulated person for corrective action, or the dismissal
4.5of a complaint. If attempts at resolution are not in the public interest
4.6
4.7
4.8(1) The designee of the attorney general shall represent the board in all attempts at
4.9resolution which the executive director or the designated board member anticipate may
4.10result in disciplinary action. A stipulation between the executive director or the designated
4.11board member and the regulated person shall be presented to the board for the board's
4.12consideration. An approved stipulation and resulting order shall become public data.
4.13(2) The designee of the attorney general shall represent the board upon the request of
4.14the executive director or the designated board member in all attempts at resolution which
4.15the executive director or the designated board member anticipate may result in corrective
4.16action. Any agreement between the executive director or the designated board member
4.17and the regulated person for corrective action shall be in writing and shall be reviewed by
4.18the designee of the attorney general prior to its execution. The agreement for corrective
4.19action shall provide for dismissal of the complaint upon successful completion by the
4.20regulated person of the corrective action.
4.21(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
4.22client, the board must forward the complaint to the designee of the attorney general for
4.23an investigation. If, after it is investigated, the complaint appears to provide a basis for
4.24disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
4.25a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
4.26corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
4.27client unless, in the opinion of the executive director, the designated board member, and the
4.28designee of the attorney general, there is insufficient evidence to justify disciplinary action.
4.29 Subd. 7. Contested case hearing. If the executive director or the designated board
4.30member determines that attempts at resolution of a complaint are not in the public interest
4.31
4.32executive director or the designated board member, after consultation with the designee
4.33of the attorney general, and the concurrence of a second board member, may initiate a
4.34contested case hearing under chapter 14. The designated board member or any board
4.35member who was consulted during the course of an investigation may participate at the
5.1contested case hearing. A designated or consulted board member may not deliberate or
5.2vote in any proceeding before the board pertaining to the case.
5.3 Subd. 8. Dismissal and reopening of a complaint. (a) A complaint may not be
5.4dismissed without the concurrence of at least two board members and, upon the request
5.5of the complainant, a review by a representative of the attorney general's office. The
5.6designee of the attorney general must review before dismissal any complaints which
5.7allege any violation of chapter 609, any conduct which would be required to be reported
5.8under section
5.9any violation of a federal law, any actual or potential inability to practice the regulated
5.10profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
5.11materials, or as a result of any mental or physical condition, any violation of state medical
5.12assistance laws, or any disciplinary action related to credentialing in another jurisdiction
5.13or country which was based on the same or related conduct specified in this subdivision.
5.14(b) The board may reopen a dismissed complaint if the board receives newly
5.15discovered information that was not available to the board during the initial investigation
5.16of the complaint, or if the board receives a new complaint that indicates a pattern of
5.17behavior or conduct.
5.18 Subd. 9. Information to complainant. A board shall furnish to a person who made
5.19a complaint a written description of the board's complaint process, and actions of the
5.20board relating to the complaint.
5.21 Subd. 10. Prohibited participation by board member. A board member who
5.22has actual bias or a current or former direct financial or professional connection with a
5.23regulated person may not vote in board actions relating to the regulated person.
5.24 Sec. 2. [214.107] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
5.25CONDUCT OFFENSE.
5.26 Subdivision 1. Applicability. This section applies to the health-related licensing
5.27boards, as defined in section 214.01, subdivision 2, except the Board of Medical Practice
5.28and the Board of Chiropractic Examiners, and also applies to the Board of Barber
5.29Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
5.30Minnesota Department of Health: (1) speech-language pathologists and audiologists; (2)
5.31hearing instrument dispensers; and (3) occupational therapists and occupational therapy
5.32assistants.
5.33 Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
5.34paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a
5.35credential to practice to any person who has been convicted on or after August 1, 2011, of
6.1any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
6.2subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
6.3(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
6.4credential to practice to any person who has been convicted in any other state or country on
6.5or after August 1, 2011, of an offense where the elements of the offense are substantially
6.6similar to any of the offenses listed in paragraph (a).
6.7(c) A credential to practice is automatically revoked if the credentialed person is
6.8convicted of an offense listed in paragraph (a).
6.9(d) A credential to practice that has been denied or revoked under this section is
6.10not subject to chapter 364.
6.11(e) For purposes of this section, "conviction" means a plea of guilty, a verdict of
6.12guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
6.13execution of the sentence and final disposition of the case is accomplished at a nonfelony
6.14level.
6.15(f) A credentialing authority listed in subdivision 1 may establish criteria whereby
6.16an individual convicted of an offense listed in paragraph (a) may become credentialed
6.17provided that the criteria:
6.18(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
6.19(2) provide a standard for overcoming the presumption; and
6.20(3) require that a minimum of ten years has elapsed since the applicant was released
6.21from any incarceration or supervisory jurisdiction related to the offense.
6.22A credentialing authority listed in subdivision 1 shall not consider an application under
6.23this paragraph if the board determines that the victim involved in the offense was a patient
6.24or a client of the applicant at the time of the offense.
6.25EFFECTIVE DATE.This section is effective for credentials issued or renewed on
6.26or after August 1, 2011.
6.27 Sec. 3. Minnesota Statutes 2010, section 364.09, is amended to read:
6.28364.09 EXCEPTIONS.
6.29(a) This chapter does not apply to the licensing process for peace officers; to law
6.30enforcement agencies as defined in section
6.31protection agencies; to eligibility for a private detective or protective agent license; to the
6.32licensing and background study process under chapters 245A and 245C; to eligibility
6.33for school bus driver endorsements; to eligibility for special transportation service
6.34endorsements; to eligibility for a commercial driver training instructor license, which is
7.1governed by section
7.2services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
7.3applicant for the license has been discharged from sentence for a conviction within the ten
7.4years immediately preceding application of a violation of any of the following:
7.5(1) sections
7.6subdivision 2 or 3
7.7(2) any provision of chapter 152 that is punishable by a maximum sentence of
7.815 years or more; or
7.9(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
7.10the scene of an accident, or reckless or careless driving.
7.11This chapter also shall not apply to eligibility for juvenile corrections employment, where
7.12the offense involved child physical or sexual abuse or criminal sexual conduct.
7.13(b) This chapter does not apply to a school district or to eligibility for a license
7.14issued or renewed by the Board of Teaching or the commissioner of education.
7.15(c) Nothing in this section precludes the Minnesota Police and Peace Officers
7.16Training Board or the state fire marshal from recommending policies set forth in this
7.17chapter to the attorney general for adoption in the attorney general's discretion to apply to
7.18law enforcement or fire protection agencies.
7.19(d) This chapter does not apply to a license to practice medicine that has been denied
7.20or revoked by the Board of Medical Practice pursuant to section
7.21(e) This chapter does not apply to any person who has been denied a license to
7.22practice chiropractic or whose license to practice chiropractic has been revoked by the
7.23board in accordance with section
7.24(f) This chapter does not apply to any person who has been denied a credential to
7.25practice or whose credential to practice has been revoked by a credentialing authority
7.26according to section 214.107, subdivision 2.
7.27EFFECTIVE DATE.This section is effective for credentials issued or renewed on
7.28or after August 1, 2011.
7.29 Sec. 4. WORKING GROUP; PSYCHIATRIC MEDICATIONS.
7.30(a) The commissioner of health shall convene a working group composed of the
7.31executive directors of the Boards of Medical Practice, Psychology, Social Work, Nursing,
7.32and Behavioral Health and Therapy and one representative from each professional
7.33association to make recommendations on the feasibility of developing collaborative
7.34agreements between psychiatrists and psychologists, social workers, and licensed
8.1professional clinical counselors for administration and management of psychiatric
8.2medications.
8.3(b) The executive directors shall take the lead in setting the agenda, convening
8.4subsequent meetings, and presenting a written report to the chairs and ranking minority
8.5members of the legislative committees with jurisdiction over health and human services.
8.6The report and recommendations for legislation shall be submitted no later than January
8.71, 2012.
8.8(c) The working group is not subject to Minnesota Statutes, section 15.059.
