Bill Text: MN HF2801 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Board of Veterinary Medicine appointments specified to reflect the geography of the state, and process for temporary suspension of veterinarian licenses modified.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-03-06 - Introduction and first reading, referred to Agriculture Policy [HF2801 Detail]
Download: Minnesota-2013-HF2801-Introduced.html
1.2relating to veterinarians; specifying appointments to the Board of Veterinary
1.3Medicine must reflect the geography of the state; modifying the process for
1.4temporary suspension of veterinarian licenses;amending Minnesota Statutes
1.52012, sections 156.01, subdivision 1; 156.126.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 156.01, subdivision 1, is amended to read:
1.8 Subdivision 1. Creation; membership. There is hereby created a state Board of
1.9Veterinary Medicine which shall consist of two public members as defined by section
1.10214.02
and five licensed veterinarians appointed by the governor. Each appointee shall be
1.11a resident of the state of Minnesota, and the veterinarian members of the board shall have
1.12practiced veterinary medicine in this state for at least five years prior to their appointment.
1.13The governor shall make appointments to the board that reflect the geography of the
1.14state. Membership terms, compensation of members, removal of members, the filling of
1.15membership vacancies, and fiscal year and reporting requirements shall be as provided in
1.16sections214.07 to
214.09 . The provision of staff, administrative services and office space;
1.17the review and processing of complaints; the setting of board fees; and other provisions
1.18relating to board operations shall be as provided in chapter 214.
1.19EFFECTIVE DATE.This section is effective the day following final enactment
1.20and applies to appointments made after that date.
1.21 Sec. 2. Minnesota Statutes 2012, section 156.126, is amended to read:
1.22156.126 TEMPORARY SUSPENSION OF LICENSE.
2.1In addition to any other remedy provided by law, the board, acting through its
2.2executive director and one or more designated board members without a hearing, may
2.3temporarily suspend the license of a regulated person if the executive director and one or
2.4more designated board members finds that the regulated person has violated a statute or
2.5rule that the board is empowered to enforce and continued practice by the regulated person
2.6would create an imminent risk of harm toothers an animal. The suspension is in effect
2.7upon service of a written temporary suspension order on the regulated person specifying
2.8the statute or rule violated. Service of the temporary suspension order is effective upon
2.9personal service or service by first class mail upon the regulated person or counsel at the
2.10regulated person's or counsel's last known address. The temporary order remains in effect
2.11until the board issues an order aftera limited hearing described in this subdivision hearing
2.12evidence and oral arguments from both parties or upon agreement between the board and
2.13the regulated person. Within ten days of service of the temporary suspension order, the
2.14board shall conduct a limited hearing before its own members on the sole issue of whether
2.15there is a reasonable basis for the temporary suspension order to remain in effect.Both
2.16parties shall be given an opportunity to present evidence and oral argument at the hearing.
2.17 Four members of the board voting in the affirmative are required to find a reasonable basis
2.18for the temporary suspension to remain in effect. If the board determines that a temporary
2.19suspension is to remain in effect, within five business days after thehearing board's
2.20decision, the board shall issue an order and, if the temporary suspension is to remain in
2.21effect, initiate a contested case hearing to under sections 14.57 to 14.62 with the Office of
2.22Administrative Hearings. The contested case hearing shall be commenced within 45 days
2.23after service of the order. The chief administrative law judge shall appoint an administrative
2.24law judge with the attempt to utilize personnel having expertise in the subject to be dealt
2.25with in the hearing. Both parties shall be given an opportunity to present evidence and
2.26oral arguments at the hearing. The administrative law judge shall issue a report within 30
2.27days after closing the contested case hearing record.The board shall issue a final order
2.28within 30 days after receiving the administrative law judge's report. The report or order of
2.29the administrative law judge constitutes the final administrative decision in the case.
2.30EFFECTIVE DATE.This section is effective the day following final enactment
2.31and applies to temporary suspensions beginning on or after that date.
1.3Medicine must reflect the geography of the state; modifying the process for
1.4temporary suspension of veterinarian licenses;amending Minnesota Statutes
1.52012, sections 156.01, subdivision 1; 156.126.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 156.01, subdivision 1, is amended to read:
1.8 Subdivision 1. Creation; membership. There is hereby created a state Board of
1.9Veterinary Medicine which shall consist of two public members as defined by section
1.11a resident of the state of Minnesota, and the veterinarian members of the board shall have
1.12practiced veterinary medicine in this state for at least five years prior to their appointment.
1.13The governor shall make appointments to the board that reflect the geography of the
1.14state. Membership terms, compensation of members, removal of members, the filling of
1.15membership vacancies, and fiscal year and reporting requirements shall be as provided in
1.16sections
1.17the review and processing of complaints; the setting of board fees; and other provisions
1.18relating to board operations shall be as provided in chapter 214.
1.19EFFECTIVE DATE.This section is effective the day following final enactment
1.20and applies to appointments made after that date.
1.21 Sec. 2. Minnesota Statutes 2012, section 156.126, is amended to read:
1.22156.126 TEMPORARY SUSPENSION OF LICENSE.
2.1In addition to any other remedy provided by law, the board, acting through its
2.2executive director and one or more designated board members without a hearing, may
2.3temporarily suspend the license of a regulated person if the executive director and one or
2.4more designated board members finds that the regulated person has violated a statute or
2.5rule that the board is empowered to enforce and continued practice by the regulated person
2.6would create an imminent risk of harm to
2.7upon service of a written temporary suspension order on the regulated person specifying
2.8the statute or rule violated. Service of the temporary suspension order is effective upon
2.9personal service or service by first class mail upon the regulated person or counsel at the
2.10regulated person's or counsel's last known address. The temporary order remains in effect
2.11until the board issues an order after
2.12evidence and oral arguments from both parties or upon agreement between the board and
2.13the regulated person. Within ten days of service of the temporary suspension order, the
2.14board shall conduct a limited hearing before its own members on the sole issue of whether
2.15there is a reasonable basis for the temporary suspension order to remain in effect.
2.16
2.17 Four members of the board voting in the affirmative are required to find a reasonable basis
2.18for the temporary suspension to remain in effect. If the board determines that a temporary
2.19suspension is to remain in effect, within five business days after the
2.20decision, the board shall issue an order and
2.21
2.22Administrative Hearings. The contested case hearing shall be commenced within 45 days
2.23after service of the order. The chief administrative law judge shall appoint an administrative
2.24law judge with the attempt to utilize personnel having expertise in the subject to be dealt
2.25with in the hearing. Both parties shall be given an opportunity to present evidence and
2.26oral arguments at the hearing. The administrative law judge shall issue a report within 30
2.27days after closing the contested case hearing record.
2.28
2.29the administrative law judge constitutes the final administrative decision in the case.
2.30EFFECTIVE DATE.This section is effective the day following final enactment
2.31and applies to temporary suspensions beginning on or after that date.
