Bill Text: MN HF2805 | 2013-2014 | 88th Legislature | Introduced

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Bill Title: Board of Nursing grounds for disciplinary action modified, health professional service program modified, and compensation paid to health-related licensing board members modified.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-03-06 - Introduction and first reading, referred to Health and Human Services Policy [HF2805 Detail]

Download: Minnesota-2013-HF2805-Introduced.html

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A bill for an act

relating to health occupations; modifying grounds for disciplinary action by
the Board of Nursing; modifying the health professionals services program;
modifying the compensation paid to the health-related licensing board members;
amending Minnesota Statutes 2012, sections 148.261, subdivisions 1, 4, by adding
a subdivision; 214.09, subdivision 3; 214.32, by adding a subdivision; 214.33,
subdivision 3; 214.35; Minnesota Statutes 2013 Supplement, section 364.09.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2012, section 148.261, subdivision 1, is amended to read:
    Subdivision 1. Grounds listed. The board may deny, revoke, suspend, limit, or
condition the license and registration of any person to practice professional, advanced
practice registered, or practical nursing under sections 148.171 to 148.285, or to otherwise
discipline a licensee or applicant as described in section 148.262. The following are
grounds for disciplinary action:
(1) Failure to demonstrate the qualifications or satisfy the requirements for a license
contained in sections 148.171 to 148.285 or rules of the board. In the case of a person
applying for a license, the burden of proof is upon the applicant to demonstrate the
qualifications or satisfaction of the requirements.
(2) Employing fraud or deceit in procuring or attempting to procure a permit, license,
or registration certificate to practice professional or practical nursing or attempting to
subvert the licensing examination process. Conduct that subverts or attempts to subvert
the licensing examination process includes, but is not limited to:
(i) conduct that violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of
any portion of a future, current, or previously administered licensing examination;
(ii) conduct that violates the standard of test administration, such as communicating
with another examinee during administration of the examination, copying another
examinee's answers, permitting another examinee to copy one's answers, or possessing
unauthorized materials; or
(iii) impersonating an examinee or permitting an impersonator to take the
examination on one's own behalf.
(3) Conviction of a felony or gross misdemeanor reasonably related to the practice
of professional, advanced practice registered, or practical nursing. Conviction as used in
this subdivision includes a conviction of an offense that if committed in this state would
be considered a felony or gross misdemeanor without regard to its designation elsewhere,
or a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered.
(4) Revocation, suspension, limitation, conditioning, or other disciplinary action
against the person's professional or practical nursing license or advanced practice
registered nursing credential, in another state, territory, or country; failure to report to the
board that charges regarding the person's nursing license or other credential are pending in
another state, territory, or country; or having been refused a license or other credential by
another state, territory, or country.
(5) Failure to or inability to perform professional or practical nursing as defined in
section 148.171, subdivision 14 or 15, with reasonable skill and safety, including failure
of a registered nurse to supervise or a licensed practical nurse to monitor adequately the
performance of acts by any person working at the nurse's direction.
(6) Engaging in unprofessional conduct, including, but not limited to, a departure
from or failure to conform to board rules of professional or practical nursing practice that
interpret the statutory definition of professional or practical nursing as well as provide
criteria for violations of the statutes, or, if no rule exists, to the minimal standards of
acceptable and prevailing professional or practical nursing practice, or any nursing
practice that may create unnecessary danger to a patient's life, health, or safety. Actual
injury to a patient need not be established under this clause.
(7) Failure of an advanced practice registered nurse to practice with reasonable
skill and safety or departure from or failure to conform to standards of acceptable and
prevailing advanced practice registered nursing.
(8) Delegating or accepting the delegation of a nursing function or a prescribed
health care function when the delegation or acceptance could reasonably be expected to
result in unsafe or ineffective patient care.
(9) Actual or potential inability to practice nursing with reasonable skill and safety
to patients by reason of illness, use of alcohol, drugs, chemicals, or any other material, or
as a result of any mental or physical condition.
(10) Adjudication as mentally incompetent, mentally ill, a chemically dependent
person, or a person dangerous to the public by a court of competent jurisdiction, within or
without this state.
(11) Engaging in any unethical conduct, including, but not limited to, conduct likely
to deceive, defraud, or harm the public, or demonstrating a willful or careless disregard
for the health, welfare, or safety of a patient. Actual injury need not be established under
this clause.
(12) Engaging in conduct with a patient that is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
demeaning to a patient, or engaging in sexual exploitation of a patient or former patient.
(13) Obtaining money, property, or services from a patient, other than reasonable
fees for services provided to the patient, through the use of undue influence, harassment,
duress, deception, or fraud.
(14) Revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law.
(15) Engaging in abusive or fraudulent billing practices, including violations of
federal Medicare and Medicaid laws or state medical assistance laws.
(16) Improper management of patient records, including failure to maintain adequate
patient records, to comply with a patient's request made pursuant to sections 144.291 to
144.298, or to furnish a patient record or report required by law.
(17) Knowingly aiding, assisting, advising, or allowing an unlicensed person to
engage in the unlawful practice of professional, advanced practice registered, or practical
nursing.
(18) Violating a rule adopted by the board, an order of the board, or a state or federal
law relating to the practice of professional, advanced practice registered, or practical
nursing, or a state or federal narcotics or controlled substance law.
(19) Knowingly providing false or misleading information that is directly related
to the care of that patient unless done for an accepted therapeutic purpose such as the
administration of a placebo.
(20) Aiding suicide or aiding attempted suicide in violation of section 609.215 as
established by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an
injunction issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215,
subdivision 5 ; or
(iv) a finding by the board that the person violated section 609.215, subdivision
1 or 2. The board shall investigate any complaint of a violation of section 609.215,
subdivision 1 or 2.
(21) Practicing outside the scope of practice authorized by section 148.171,
subdivision 5 , 10, 11, 13, 14, 15, or 21.
(22) Practicing outside the specific field of nursing practice for which an advanced
practice registered nurse is certified unless the practice is authorized under section 148.284.
(23) Making a false statement or knowingly providing false information to the
board, failing to make reports as required by section 148.263, or failing to cooperate with
an investigation of the board as required by section 148.265.
(24) Engaging in false, fraudulent, deceptive, or misleading advertising.
(25) Failure to inform the board of the person's certification status as a nurse
anesthetist, nurse-midwife, nurse practitioner, or clinical nurse specialist.
(26) Engaging in clinical nurse specialist practice, nurse-midwife practice, nurse
practitioner practice, or registered nurse anesthetist practice without current certification
by a national nurse certification organization acceptable to the board, except during the
period between completion of an advanced practice registered nurse course of study and
certification, not to exceed six months or as authorized by the board.
(27) Engaging in conduct that is prohibited under section 145.412.
(28) Failing to report employment to the board as required by section 148.211,
subdivision 2a , or knowingly aiding, assisting, advising, or allowing a person to fail to
report as required by section 148.211, subdivision 2a.
(29) Discharge from the health professionals services program as described in
sections 214.31 to 214.37, or any other alternative monitoring or diversion program for
reasons other than satisfactory completion of the program as set forth in the participation
agreement.

    Sec. 2. Minnesota Statutes 2012, section 148.261, is amended by adding a subdivision
to read:
    Subd. 1a. Conviction of a felony-level criminal sexual conduct offense. (a) The
board shall not grant a license to practice nursing to any person who has been convicted of
a felony-level criminal sexual conduct offense.
(b) A license to practice nursing is automatically revoked if the licensee is convicted
of a felony-level criminal sexual conduct offense on or after August 1, 2014.
(c) A license that has been denied or revoked pursuant to this subdivision is not
subject to chapter 364.
(d) For purposes of this subdivision, "criminal sexual conduct offense" means a
violation of sections 609.342 to 609.345, or a similar statute in another jurisdiction, and
"conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty
by the court, unless the court stays imposition or execution of the sentence and final
disposition of the case is accomplished at a nonfelony level.

    Sec. 3. Minnesota Statutes 2012, section 148.261, subdivision 4, is amended to read:
    Subd. 4. Evidence. In disciplinary actions alleging a violation of subdivision 1,
clause (3) or (4), or subdivision 1a, a copy of the judgment or proceeding under the seal
of the court administrator or of the administrative agency that entered the same shall be
admissible into evidence without further authentication and shall constitute prima facie
evidence of the violation concerned.

    Sec. 4. Minnesota Statutes 2012, section 214.09, subdivision 3, is amended to read:
    Subd. 3. Compensation. (a) Members of the boards may be compensated at the rate
of $55 $75 a day spent on board activities, when authorized by the board, plus expenses in
the same manner and amount as authorized by the commissioner's plan adopted under
section 43A.18, subdivision 2. Members who, as a result of time spent attending board
meetings, incur child care expenses that would not otherwise have been incurred, may be
reimbursed for those expenses upon board authorization.
(b) Members who are state employees or employees of the political subdivisions
of the state must not receive the daily payment for activities that occur during working
hours for which they are also compensated by the state or political subdivision. However,
a state or political subdivision employee may receive the daily payment if the employee
uses vacation time or compensatory time accumulated in accordance with a collective
bargaining agreement or compensation plan for board activity. Members who are state
employees or employees of the political subdivisions of the state may receive the expenses
provided for in this subdivision unless the expenses are reimbursed by another source.
Members who are state employees or employees of political subdivisions of the state
may be reimbursed for child care expenses only for time spent on board activities that
are outside their working hours.
(c) Each board must adopt internal standards prescribing what constitutes a day
spent on board activities for purposes of making daily payments under this subdivision.

    Sec. 5. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
to read:
    Subd. 6. Duties of a participating board. Upon receiving a report from the
program manager in accordance with section 214.33, subdivision 3, that a regulated person
has been discharged from the program due to noncompliance, the participating board shall
temporarily suspend the regulated person's professional license until the completion of a
disciplinary investigation. The board must complete the disciplinary investigation within
60 days of receipt of the report from the program. If the investigation is not completed by
the board within 60 days, the temporary suspension shall be lifted, unless the regulated
person requests a delay in the disciplinary proceedings for any reason, upon which the
temporary suspension shall remain in place until the completion of the investigation.

    Sec. 6. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
    Subd. 3. Program manager. (a) The program manager shall report to the
appropriate participating board a regulated person who does not meet program admission
criteria, violates the terms of the program participation agreement, or leaves or is
discharged from the program except upon fulfilling the terms for successful completion
of the program as set forth in the participation agreement.
(b) The program manager shall report to the appropriate participating board a
regulated person who is alleged to have committed violations of the person's practice act
that are outside the authority of the health professionals services program as described in
sections 214.31 to 214.37.
(c) The program manager shall report to the appropriate participating board
violations that may be related to a regulated person's impairment, but are also grounds
for discipline under the applicable practice act, including, but not limited to, diversion
of controlled substances. For purposes of this paragraph, "diversion" means any act
or deviation that transfers a prescription drug from a lawful to unlawful channel of
distribution or use. Regulated persons reported under this paragraph are not automatically
rendered ineligible for the program, but may continue to be monitored with the consent
of the regulated person's board.
(d) The program manager shall inform any reporting person of the disposition of the
person's report to the program.
EFFECTIVE DATE.Paragraph (c) is effective August 1, 2014, and applies to
violations that occur after the effective date.

    Sec. 7. Minnesota Statutes 2012, section 214.35, is amended to read:
214.35 CLASSIFICATION OF DATA.
All data collected and maintained and any agreements with regulated persons
entered into as part of the program is classified as active investigative data under section
13.41 while the individual is in the program, except for monitoring data which is classified
as private. When a regulated person successfully completes the program, the data and
participation agreement become inactive investigative data which shall be classified as
private data under section 13.02, subdivision 12, or nonpublic data under section 13.02,
subdivision 9 , in the case of data not on individuals. Data and agreements shall not be
forwarded to the a board unless the program reports a participant to a board as described
in section 214.33, subdivision 3, or upon request of a board if the board is conducting an
investigation of a regulated person and the person is participating in the program.

    Sec. 8. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:
364.09 EXCEPTIONS.
(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:
(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;
(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or
(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.
(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.
(f) This chapter does not apply to any license, registration, or permit that has
been denied or revoked by the Board of Nursing in accordance with section 148.261,
subdivision 1a.
(f) (g) This chapter does not supersede a requirement under law to conduct a
criminal history background investigation or consider criminal history records in hiring
for particular types of employment.