Bill Text: MN SF1904 | 2013-2014 | 88th Legislature | Engrossed

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Bill Title: Optometrists, doctors and chiropractors convicted of felony-level criminal sexual conduct license denial, renewal and revocation provisions modifications; optometrist licensing provisions modifications

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-03-17 - Comm report: To pass as amended and re-refer to Finance [SF1904 Detail]

Download: Minnesota-2013-SF1904-Engrossed.html

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A bill for an act

relating to health occupations; changing provisions for licensing of optometrists,
doctors, and chiropractors;amending Minnesota Statutes 2012, sections 147.091,
subdivision 1a; 148.10, subdivision 7; 148.52; 148.54; 148.57; 148.574; 148.575;
148.577; 148.59; 148.603; Minnesota Statutes 2013 Supplement, section 364.09;
proposing coding for new law in Minnesota Statutes, chapter 148; repealing
Minnesota Statutes 2012, sections 148.571; 148.572; 148.573, subdivision 1;
148.576, subdivisions 1, 2; 151.37, subdivision 11.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2012, section 147.091, subdivision 1a, is amended to read:
    Subd. 1a. Conviction of a felony-level criminal sexual conduct offense. (a) The
board may not grant a license to practice medicine to any person who has been convicted
of a felony-level criminal sexual conduct offense Except as provided in paragraph (e),
the board may not grant or renew a license to practice medicine to any person who has
been convicted of any of the provisions of sections 609.342, subdivision 1, 609.343,
subdivision 1 , 609.344, subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1,
paragraphs (c) to (o), or a similar statute in another jurisdiction.
(b) A license to practice medicine is automatically revoked if the licensee is
convicted of a felony-level criminal sexual conduct offense A license to practice medicine
is automatically revoked if the licensee is convicted of an offense listed in paragraph
(a) of this section.
(c) A license that has been denied or revoked pursuant to this subdivision is not
subject to chapter 364 A license to practice medicine that has been denied or revoked
under this subdivision is not subject to chapter 364.
(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
guilty by a jury, or a finding of guilty by the court, and "criminal sexual conduct offense"
means a violation of sections 609.342 to 609.345 or a similar statute in another jurisdiction
For purposes of this subdivision, "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.
(e) The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
(2) provide a standard for overcoming the presumption; and
(3) require that a minimum of ten years has elapsed since the applicant's sentence
was discharged.
The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.

    Sec. 2. Minnesota Statutes 2012, section 148.10, subdivision 7, is amended to read:
    Subd. 7. Conviction of a felony-level criminal sexual conduct offense. (a) Except
as provided in paragraph (e), the board shall not grant or renew a license to practice
chiropractic to any person who has been convicted on or after August 1, 2010, of any
of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) (c) to (o),
or a similar statute in another jurisdiction.
(b) A license to practice chiropractic is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) of this section.
(c) A license to practice chiropractic that has been denied or revoked under this
subdivision is not subject to chapter 364.
(d) For purposes of this subdivision, "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.
(e) The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;
(2) provide a standard for overcoming the presumption; and
(3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense applicant's
sentence was discharged.
The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.

    Sec. 3. Minnesota Statutes 2012, section 148.52, is amended to read:
148.52 BOARD OF OPTOMETRY.
The Board of Optometry shall consist of two public members as defined by section
214.02 and five qualified Minnesota licensed optometrists appointed by the governor.
Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09.
The provision of staff, administrative services and office space; the review and
processing of complaints; the setting of board fees; and other provisions relating to board
operations shall be as provided in chapter 214.

    Sec. 4. Minnesota Statutes 2012, section 148.54, is amended to read:
148.54 BOARD; SEAL.
The Board of Optometry shall elect from among its members a president, vice
president, and secretary and may adopt a seal.

    Sec. 5. Minnesota Statutes 2012, section 148.57, is amended to read:
148.57 LICENSE.
    Subdivision 1. Examination. (a) A person not authorized to practice optometry in
the state and desiring to do so shall apply to the state Board of Optometry by filling out
and swearing to an application for a license granted by the board and accompanied by a
fee in an amount of $87. With the submission of the application form, the candidate shall
prove that the candidate:
(1) is of good moral character;
(2) has obtained a clinical doctorate degree from a board-approved school or college
of optometry, or is currently enrolled in the final year of study at such an institution; and
(3) has passed all parts of an examination.
(b) The examination shall include both a written portion and a clinical practical
portion and shall thoroughly test the fitness of the candidate to practice in this state. In
regard to the written and clinical practical examinations, the board may:
(1) prepare, administer, and grade the examination itself;
(2) recognize and approve in whole or in part an examination prepared, administered
and graded by a national board of examiners in optometry; or
(3) administer a recognized and approved examination prepared and graded by or
under the direction of a national board of examiners in optometry.
(c) The board shall issue a license to each applicant who satisfactorily passes the
examinations and fulfills the other requirements stated in this section and section 148.575
for board certification for the use of legend drugs. Applicants for initial licensure do not
need to apply for or possess a certificate as referred to in sections 148.571 to 148.574. The
fees mentioned in this section are for the use of the board and in no case shall be refunded.
    Subd. 2. Endorsement. (a) An optometrist who holds a current license from another
state, and who has practiced in that state not less than three years immediately preceding
application, may apply for licensure in Minnesota by filling out and swearing to an
application for license by endorsement furnished by the board. The completed application
with all required documentation shall be filed at the board office along with a fee of $87.
The application fee shall be for the use of the board and in no case shall be refunded.
(b) To verify that the applicant possesses the knowledge and ability essential to the
practice of optometry in this state, the applicant must provide evidence of:
(1) having obtained a clinical doctorate degree from a board-approved school
or college of optometry;
(2) successful completion of both written and practical examinations for licensure in
the applicant's original state of licensure that thoroughly tested the fitness of the applicant
to practice;
(3) successful completion of an examination of Minnesota state optometry laws;
(4) compliance with the requirements for board certification in section 148.575;
(5) compliance with all continuing education required for license renewal in every
state in which the applicant currently holds an active license to practice; and
(6) being in good standing with every state board from which a license has been
issued.
(c) Documentation from a national certification system or program, approved by
the board, which supports any of the listed requirements, may be used as evidence. The
applicant may then be issued a license if the requirements for licensure in the other state
are deemed by the board to be equivalent to those of sections 148.52 to 148.62.
    Subd. 3. Revocation, suspension. The board may revoke the license or suspend
or restrict the right to practice of any person who has been convicted of any violation of
sections 148.52 to 148.62 or of any other criminal offense, or who violates any provision
of sections 148.571 to 148.576 or who is found by the board to be incompetent or guilty
of unprofessional conduct. "Unprofessional conduct" means any conduct of a character
likely to deceive or defraud the public, including, among other things, free examination
advertising, the loaning of a license by any licensed optometrist to any person; the
employment of "cappers" or "steerers" to obtain business; splitting or dividing a fee with
any person; the obtaining of any fee or compensation by fraud or misrepresentation;
employing directly or indirectly any suspended or unlicensed optometrist to perform any
work covered by sections 148.52 to 148.62; the advertising by any means of optometric
practice or treatment or advice in which untruthful, improbable, misleading, or impossible
statements are made. After one year, upon application and proof that the disqualification
has ceased, the board may reinstate such person.
    Subd. 4. Peddling or canvassing forbidden. Every licensed optometrist who
shall temporarily practice optometry outside or away from the regular registered place
of business shall display the license and deliver to each customer or person there
fitted or supplied with glasses a receipt or record which shall contain the signature,
permanent registered place of business or post office address, and number of license of
the optometrist, together with the amount charged therefor, but nothing contained in this
section shall be construed as to permit peddling or canvassing by licensed optometrists.
    Subd. 5. Change of address. A person regulated by the board shall maintain a
current name and address with the board and shall notify the board in writing within 30
days of any change in name or address. If a name change only is requested, the regulated
person must request revised credentials and return the current credentials to the board.
The board may require the regulated person to substantiate the name change by submitting
official documentation from a court of law or agency authorized under law to receive and
officially record a name change. If an address change only is requested, no request for
revised credentials is required. If the regulated person's current credentials have been lost,
stolen, or destroyed, the person shall provide a written explanation to the board.

    Sec. 6. Minnesota Statutes 2012, section 148.574, is amended to read:
148.574 PROHIBITIONS RELATING TO LEGEND DRUGS;
AUTHORIZING SALES BY PHARMACISTS UNDER CERTAIN CONDITIONS.
    An optometrist shall not purchase, possess, administer, prescribe or give any legend
drug as defined in section 151.01 or 152.02 to any person except as is expressly authorized
by sections 148.571 to 148.577. Nothing in chapter 151 shall prevent a pharmacist from
selling topical ocular drugs to an optometrist authorized to use such drugs according to
sections 148.571 to 148.577. Notwithstanding sections 151.37 and 152.12, an optometrist
is prohibited from dispensing legend drugs at retail, unless the legend drug is within the
scope designated in section 148.56, subdivision 1, and is administered to the eye through
an ophthalmic good as defined in section 145.711, subdivision 4.

    Sec. 7. Minnesota Statutes 2012, section 148.575, is amended to read:
148.575 CERTIFICATE REQUIRED REQUIREMENT FOR USE OF
TOPICAL LEGEND DRUGS.
    Subdivision 1. Certificate required for use of legend drugs. A licensed optometrist
must be board certified to use legend drugs for therapy under section 148.576.
    Subd. 2. Board certified Requirements defined. "Board certified" means that A
licensed optometrist has been issued a certificate by the Board of Optometry certifying
that the optometrist has complied shall comply with the following requirements for the use
of legend drugs described in section 148.576:
(1) successful completion of at least 60 hours of study in general and ocular
pharmacology emphasizing drugs used for examination or treatment purposes, their
systemic effects and management or referral of adverse reactions;
(2) (1) successful completion of at least 100 hours of study in the examination,
diagnosis, and treatment of conditions of the human eye with legend drugs;
(3) (2) successful completion of two years of supervised clinical experience in
differential diagnosis of eye disease or disorders as part of optometric training or one year
of that experience and ten years of actual clinical experience as a licensed optometrist; and
(4) (3) successful completion of a nationally standardized examination approved or
administered by the board on the subject of treatment and management of ocular disease.
    Subd. 3. Display of certificate required. A certificate issued under this section
to a licensed optometrist by the Board of Optometry supersedes any previously issued
certificate limited to topical ocular drugs described in sections 148.571 to 148.574 and
must be displayed in a prominent place in the licensed optometrist's office.
    Subd. 4. Accreditation of courses. The Board of Optometry may approve courses
of study in general or ocular pharmacology and examination, diagnosis, and treatment
of conditions of the human eye only if they are taught by an institution that meets the
following criteria:
(1) the institution has facilities for both didactic and clinical instruction in
pharmacology and ocular disease treatment;
(2) the institution certifies to the Board of Optometry that the course of instruction is
comparable in content to courses of instruction required by other health-related licensing
boards whose license holders or registrants are permitted to administer pharmaceutical
agents in their professional practice for either diagnostic or therapeutic purposes or
both; and
(3) the institution is accredited by a regional or professional accrediting organization
recognized by the Council for Higher Education Accreditation or its successor agency.
    Subd. 5. Notice to Board of Pharmacy. The Board of Optometry shall notify the
Board of Pharmacy of each licensed optometrist who meets the certification requirements
in this section.
    Subd. 6. Board certification required. Optometrists who were licensed in this state
prior to August 1, 2007, must have met the board certification requirements under this
section by August 1, 2012, in order to renew their license.

    Sec. 8. Minnesota Statutes 2012, section 148.577, is amended to read:
148.577 STANDARD OF CARE.
A licensed optometrist who is board certified under section 148.575 is held to the
same standard of care in the use of those legend drugs as physicians licensed by the state
of Minnesota.

    Sec. 9. Minnesota Statutes 2012, section 148.59, is amended to read:
148.59 LICENSE RENEWAL; FEE LICENSE AND REGISTRATION FEES.
A licensed optometrist shall pay to the state Board of Optometry a fee as set by the
board in order to renew a license as provided by board rule.
Listed fees may not exceed the following amounts but may be adjusted lower per
board direction and are for the exclusive use of the board. No fees shall be refunded.
(1) Optometry licensure application, $160.
(2) Optometry annual licensure renewal, $135.
(3) Optometry late penalty fee, $75.
(4) Annual license renewal card, $10.
(5) CE provider application, $45.
(6) Emeritus registration, $10.
(7) Endorsement/reciprocity application, $160.
(8) Replacement of initial license, $12.
(9) License verification, $50.

    Sec. 10. Minnesota Statutes 2012, section 148.603, is amended to read:
148.603 FORMS OF GROUNDS FOR DISCIPLINARY ACTIONS ACTION.
    Subdivision 1. Grounds listed. When grounds exist under section 148.57,
subdivision 3 , or other statute or rule which the board is authorized to enforce, the board
may take one or more of the following disciplinary actions, provided that disciplinary or
corrective action may not be imposed by the board on any regulated person except after a
contested case hearing conducted pursuant to chapter 14 or by consent of the parties:
(1) deny an application for a credential;
(2) revoke the regulated person's credential;
(3) suspend the regulated person's credential;
(4) impose limitations on the regulated person's credential;
(5) impose conditions on the regulated person's credential;
(6) censure or reprimand the regulated person;
(7) impose a civil penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive the person of any economic
advantage gained by reason of the violation or to discourage similar violations or to
reimburse the board for the cost of the investigation and proceeding. For purposes of
this section, the cost of the investigation and proceeding may include, but is not limited
to, fees paid for services provided by the Office of Administrative Hearings, legal and
investigative services provided by the Office of the Attorney General, court reporters,
witnesses, reproduction of records, board members' per diem compensation, board staff
time, and travel costs and expenses incurred by board staff and board members; or
(8) when grounds exist under section 148.57, subdivision 3, or a board rule, enter
into an agreement with the regulated person for corrective action which may include
requiring the regulated person:
(i) to complete an educational course or activity;
(ii) to submit to the executive director or designated board member a written
protocol or reports designed to prevent future violations of the same kind;
(iii) to meet with a board member or board designee to discuss prevention of future
violations of the same kind; or
(iv) to perform other action justified by the facts.
Listing the measures in clause (8) does not preclude the board from including
them in an order for disciplinary action. The board may refuse to grant a license or
may impose disciplinary action as described in section 148.607 against any optometrist
for the following:
(1) failure to demonstrate the qualifications or satisfy the requirements for a license
contained in this chapter or rules of the board. The burden of proof shall be upon the
applicant to demonstrate such qualifications or satisfaction of such requirements;
(2) obtaining a license by fraud or cheating, or attempting to subvert the licensing
examination process. Conduct which subverts or attempts to subvert the licensing
examination process includes, but is not limited to: (i) conduct which 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 which 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, during the previous five years, of a felony or gross misdemeanor,
reasonably related to the practice of optometry. Conviction as used in this subdivision
shall include a conviction of an offense which if committed in this state would be deemed
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 thereon;
(4) revocation, suspension, restriction, limitation, or other disciplinary action against
the person's optometry license in another state or jurisdiction, failure to report to the
board that charges regarding the person's license have been brought in another state or
jurisdiction, or having been refused a license by any other state or jurisdiction;
(5) advertising which is false or misleading, which violates any rule of the board,
or which claims without substantiation the positive cure of any disease, or professional
superiority to or greater skill than that possessed by another optometrist;
(6) violating a rule promulgated by the board or an order of the board, a state or
federal law, which relates to the practice of optometry, or a state or federal narcotics or
controlled substance law;
(7) engaging in any unethical conduct; 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; or practice of optometry which is professionally incompetent, in that it may
create unnecessary danger to any patient's life, health, or safety, in any of which cases,
proof of actual injury need not be established;
(8) failure to supervise an optometrist's assistant or failure to supervise an
optometrist under any agreement with the board;
(9) aiding or abetting an unlicensed person in the practice of optometry, except that
it is not a violation of this paragraph for an optometrist to employ, supervise, or delegate
functions to a qualified person who may or may not be required to obtain a license or
registration to provide health services if that person is practicing within the scope of that
person's license or registration or delegated authority;
(10) adjudication as mentally incompetent, mentally ill, or developmentally
disabled, or as a chemically dependent person, a person dangerous to the public, a sexually
dangerous person, or a person who has a sexual psychopathic personality by a court of
competent jurisdiction, within or without this state. Such adjudication shall automatically
suspend a license for the duration thereof unless the board orders otherwise;
(11) engaging in unprofessional conduct which includes any departure from or the
failure to conform to the minimal standards of acceptable and prevailing practice in which
proceeding actual injury to a patient need not be established;
(12) inability to practice optometry with reasonable skill and safety to patients
by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of
material or as a result of any mental or physical condition, including deterioration through
the aging process or loss of motor skills;
(13) revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law;
(14) improper management of medical records, including failure to maintain
adequate medical records, to comply with a patient's request made pursuant to sections
144.291 to 144.298 or to furnish a medical record or report required by law;
(15) fee splitting, including without limitation:
(i) paying, offering to pay, receiving, or agreeing to receive a commission, rebate, or
remuneration, directly or indirectly, primarily for the referral of patients or the prescription
of drugs or devices; and
(ii) dividing fees with another optometrist, other health care provider, or a
professional corporation, unless the division is in proportion to the services provided
and the responsibility assumed by each professional and the optometrist has disclosed
the terms of the division;
(16) engaging in abusive or fraudulent billing practices, including violations of the
federal Medicare and Medicaid laws or state medical assistance laws;
(17) becoming addicted or habituated to a drug or intoxicant;
(18) prescribing a drug or device for other than accepted therapeutic or experimental
or investigative purposes authorized by the state or a federal agency;
(19) engaging in conduct with a patient which is sexual or may reasonably be
interpreted by the patient as sexual, or in any verbal behavior which is seductive or
sexually demeaning to a patient;
(20) failure to make reports as required by section 148.604 or to cooperate with an
investigation of the board as required by section 148.606;
(21) 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; and
(22) practice of a board-regulated profession under lapsed or nonrenewed credentials.
    Subd. 2. Conviction of a felony-level criminal sexual offense. (a) Except as
provided in paragraph (e), the board may not grant or renew a license to practice optometry
to any person who has been convicted of any of the provisions of sections 609.342,
subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1, paragraphs (c) to (o), or
609.345, subdivision 1, paragraphs (c) to (o), or a similar statute in another jurisdiction.
(b) A license to practice optometry is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) of this section.
(c) A license to practice optometry that has been denied or revoked under this
subdivision is not subject to chapter 364.
(d) For purposes of this subdivision, "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.
(e) The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
(2) provide a standard for overcoming the presumption; and
(3) require that a minimum of ten years has elapsed since the applicant's sentence
was discharged.
The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.
    Subd. 3. Automatic suspension. (a) A license to practice optometry is
automatically suspended if (1) a guardian of a licensee is appointed by order of a court
pursuant to sections 524.5-101 to 524.5-502, for reasons other than the minority of the
licensee; or (2) the licensee is committed by order of a court pursuant to chapter 253B.
The license remains suspended until the licensee is restored to capacity by a court and,
upon petition by the licensee, the suspension is terminated by the board after a hearing.
(b) Upon notice to the board of a judgment of, or a plea of guilty to, a felony
reasonably related to the practice of optometry, the license of the regulated person shall be
automatically suspended by the board. The license shall remain suspended until, upon
petition by the regulated person and after a hearing, the suspension is terminated by the
board. The board shall indefinitely suspend or revoke the credentials of the regulated
person if, after a hearing, the board finds that the felonious conduct would cause a serious
risk of harm to the public.
(c) For licenses that have been suspended or revoked pursuant to paragraphs (a) and
(b), the regulated person may be reinstated to practice, either with or without restrictions,
by demonstrating clear and convincing evidence of rehabilitation, as provided in section
364.03. If the regulated person's conviction is subsequently overturned by court decision,
the board shall conduct a hearing to review the suspension within 30 days after receipt
of the court decision. The regulated person is not required to prove rehabilitation if the
subsequent court decisions overturns previous court findings of public risk.
(d) The board may, upon majority vote of a quorum of its members, suspend the
license of a regulated person without a hearing if the regulated person fails to maintain a
current name and address with the board, as described in paragraph (e), while the regulated
person is: (1) under board investigation, and a notice of conference has been issued by the
board; (2) party to a contested case with the board; (3) party to an agreement for corrective
action with the board; or (4) under a board order for disciplinary action. The suspension
shall remain in effect until lifted by the board pursuant to the board's receipt of a petition
from the regulated person, along with the regulated person's current name and address.
    Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
qualification, or restriction of a license or registration shall be in effect pending
determination of an appeal unless the court, upon petition and for good cause shown,
shall otherwise order.
    Subd. 5. Conditions on reissued license. In its discretion, the board may restore
and reissue a license to practice optometry, but as a condition may impose any disciplinary
or corrective measure that the board might originally have imposed.
    Subd. 6. Temporary suspension of license. In addition to any other remedy
provided by law, the board may, without a hearing, temporarily suspend the license of an
optometrist if the board finds that the optometrist has violated a statute or rule which the
board is empowered to enforce and continued practice by the optometrist would create a
serious risk of harm to the public. The suspension shall take effect upon written notice to
the optometrist, specifying the statute or rule violated. The suspension shall remain in
effect until the board issues a final order in the matter after a hearing. At the time it issues
the suspension notice, the board shall schedule a disciplinary hearing to be held according
to sections 14.57 to 14.62. The optometrist shall be provided with at least 20 days' notice
of any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin
no later than 90 days after the issuance of the suspension order.
    Subd. 7. Evidence. In disciplinary actions alleging a violation of subdivision
1, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency which entered the same shall be admissible
into evidence without further authentication and shall constitute prima facie evidence
of the contents thereof.
    Subd. 8. Mental examination; access to medical data. (a) If the board has
probable cause to believe that a regulated person comes under subdivision 1, clause (10),
(12), or (17), it may direct the person to submit to a mental or physical examination. For
the purpose of this subdivision, every regulated person is deemed to have consented
to submit to a mental or physical examination when directed in writing by the board
and further to have waived all objections to the admissibility of the examining health
professionals' testimony or examination reports on the grounds that the same constitute
a privileged communication. Failure of a regulated person to submit to an examination
when directed constitutes an admission of the allegations against the person, unless the
failure was due to circumstances beyond the person's control, in which case a default and
final order may be entered without the taking of testimony or presentation of evidence.
A regulated person affected under this paragraph shall at reasonable intervals be given
an opportunity to demonstrate that the person can resume the competent practice of the
regulated profession with reasonable skill and safety to the public.
In any proceeding under this paragraph, neither the record of proceedings nor the
orders entered by the board shall be used against a regulated person in any other proceeding.
(b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a regulated person
or applicant without the person's or applicant's consent if the board has probable cause
to believe that a regulated person comes under subdivision 1, clause (10), (12), or (17).
The medical data may be requested from a provider, as defined in section 144.291,
subdivision 2, paragraph (h), an insurance company, or a government agency, including
the Department of Human Services. A provider, insurance company, or government
agency shall comply with any written request of the board under this subdivision and is not
liable in any action for damages for releasing the data requested by the board if the data
are released pursuant to a written request under this subdivision, unless the information
is false and the provider giving the information knew, or had reason to believe, the
information was false. Information obtained under this subdivision is classified as private
data under sections 13.01 to 13.87.

    Sec. 11. [148.604] REPORTING OBLIGATIONS.
    Subdivision 1. Permission to report. A person who has knowledge of any conduct
constituting grounds for discipline under sections 148.52 to 148.62 may report the
violation to the board.
    Subd. 2. Institutions. Any hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall report to the board any action
taken by the institution or organization or any of its administrators or medical or other
committees to revoke, suspend, restrict, or condition an optometrist's privilege to practice
or treat patients in the institution, or as part of the organization, any denial of privileges,
or any other disciplinary action. The institution or organization shall also report the
resignation of any optometrist prior to the conclusion of any disciplinary proceeding, or
prior to the commencement of formal charges but after the optometrist had knowledge
that formal charges were contemplated or in preparation. Each report made under this
subdivision must state the nature of the action taken, state in detail the reasons for the
action, and identify the specific patient medical records upon which the action was based.
No report shall be required of an optometrist voluntarily limiting the practice of the
optometrist at a hospital provided that the optometrist notifies all hospitals at which the
optometrist has privileges of the voluntary limitation and the reasons for it.
    Subd. 3. Licensed professionals. A licensed health professional shall report
to the board personal knowledge of any conduct which the person reasonably believes
constitutes grounds for disciplinary action under sections 148.52 to 148.62 by any
optometrist, including any conduct indicating that the person may be incompetent, may
have engaged in unprofessional conduct, or may be physically unable to engage safely in
the practice of optometry.
    Subd. 4. Self-reporting. An optometrist shall report to the board any personal
action which would require that a report be filed with the board by any person, health care
facility, business, or organization pursuant to subdivisions 2 and 3.
    Subd. 5. Deadlines; forms. Reports required by subdivisions 2 to 4 must be
submitted not later than 30 days after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports required by this section, may
require that reports be submitted on the forms provided, and may adopt rules necessary
to ensure prompt and accurate reporting.
    Subd. 6. Subpoenas. The board may issue subpoenas for the production of any
reports required by subdivisions 2 to 4 or any related documents.

    Sec. 12. [148.605] IMMUNITY.
    Subdivision 1. Reporting. Any person, health care facility, business, or organization
is immune from civil liability or criminal prosecution for submitting a report to the board
pursuant to section 148.604 or for otherwise reporting to the board violations or alleged
violations of section 148.603, if they are acting in good faith.
    Subd. 2. Investigation; indemnification. (a) Members of the board, persons
employed by the board, consultants retained by the board for the purpose of investigation
of violations, the preparation of charges, and management of board orders on behalf
of the board, are immune from civil liability and criminal prosecution for any actions,
transactions, or publications in the execution of, or relating to, their duties under sections
148.52 to 148.62, if they are acting in good faith.
(b) Members of the board and persons employed by the board or engaged in
maintaining records and making reports regarding adverse health care events are immune
from civil liability and criminal prosecution for any actions, transactions, or publications
in the execution of, or relating to, their duties under sections 148.52 to 148.62, if they
are acting in good faith.
(c) For purposes of this section, a member of the board or a consultant described in
paragraph (a) is considered a state employee under section 3.736, subdivision 9.

    Sec. 13. [148.606] OPTOMETRIST COOPERATION.
An optometrist who is the subject of an investigation by or on behalf of the board
shall cooperate fully with the investigation. Cooperation includes responding fully and
promptly to any question raised by or on behalf of the board relating to the subject of the
investigation and providing copies of patient medical records, as reasonably requested
by the board, to assist the board in its investigation. If the board does not have written
consent from a patient permitting access to the patient's records, the optometrist shall
delete any data in the record which identifies the patient before providing it to the board.
The board shall maintain any records obtained pursuant to this section as investigative
data pursuant to chapter 13.

    Sec. 14. [148.607] DISCIPLINARY ACTIONS.
When the board finds that a licensed optometrist under section 148.57 has violated a
provision or provisions of sections 148.52 to 148.62, it may do one or more of the following:
(1) revoke the license;
(2) suspend the license;
(3) impose limitations or conditions on the optometrist's practice of optometry,
including the limitation of scope of practice to designated field specialties; the imposition
of retraining or rehabilitation requirements; the requirement of practice under supervision;
or the conditioning of continued practice on demonstration of knowledge or skills by
appropriate examination or other review of skill and competence;
(4) impose a civil penalty not exceeding $10,000 for each separate violation, the
amount of the civil penalty to be fixed so as to deprive the optometrist of any economic
advantage gained by reason of the violation charged or to reimburse the board for the cost
of the investigation and proceeding; and
(5) censure or reprimand the licensed optometrist.

    Sec. 15. 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 a license to practice optometry that has been
denied or revoked by the Board of Optometry pursuant to section 148.603, subdivision 2.
(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.

    Sec. 16. REPEALER.
Minnesota Statutes 2012, sections 148.571; 148.572; 148.573, subdivision 1;
148.576, subdivisions 1 and 2; and 151.37, subdivision 11, are repealed.