Bill Text: MN SF2304 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sunset advisory commission sunset review, administrative procedures and fees modifications; combative sports commission transfer of duties; appropriations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-24 - HF substituted on General Orders HF2555 [SF2304 Detail]
Download: Minnesota-2011-SF2304-Introduced.html
Bill Title: Sunset advisory commission sunset review, administrative procedures and fees modifications; combative sports commission transfer of duties; appropriations
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-24 - HF substituted on General Orders HF2555 [SF2304 Detail]
Download: Minnesota-2011-SF2304-Introduced.html
1.2relating to state government; implementing changes to the sunset review;
1.3changing certain agency requirements; requiring posting of convictions of
1.4felonies or gross misdemeanors and malpractice settlements or judgments for a
1.5regulated practitioner; requiring certain information on regulated practitioners;
1.6requiring a study; prohibiting transfer of certain funds; requiring reports;
1.7setting fees; appropriating money; amending Minnesota Statutes 2010, sections
1.83.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225, subdivision 7;
1.93.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a subdivision;
1.10Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.21, subdivisions 1,
1.112; proposing coding for new law in Minnesota Statutes, chapters 3D; 16B;
1.12214; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03;
1.13138A.04; 138A.05; 138A.06.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1, is
1.18amended to read:
1.19 Subdivision 1. Group 1. The following agencies are sunset and, except as provided
1.20in section3D.14 , expire on June 30, 2012 2024: Capitol Area Architectural and Planning
1.21Board, Amateur Sports Commission, Combative Sports Commission, all health-related
1.22licensing boards listed in section214.01 , Council on Affairs of Chicano/Latino People,
1.23Council on Black Minnesotans, Council on Asian-Pacific Minnesotans, Indian Affairs
1.24Council, Council on Disabilities, and all advisory groups associated with these agencies.
1.25EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended
2.2to read:
2.3 Subd. 2. Group 2. The following agencies are sunset and, except as provided in
2.4section3D.14 , expire on June 30, 2014: Department of Health, Department of Human
2.5Services, Department of Human Rights, Department of Education, Board of Teaching,
2.6Minnesota Office of Higher Education, Council on Black Minnesotans, Emergency
2.7Medical Services Regulatory Board, and all advisory groups associated with these
2.8agencies.
2.9 Sec. 3. COUNCIL ON BLACK MINNESOTANS INTERIM REVIEW.
2.10(a) The Council on Black Minnesotans is continued for two years and added to the
2.112014 Sunset Advisory Commission review schedule. In the council's report to the Sunset
2.12Advisory Commission, the council must submit an interim report and respond to issues
2.13raised in previous audits by the Office of the Legislative Auditor.
2.14(b) The Office of the Legislative Auditor should conduct a financial audit of the
2.15Council of Black Minnesotans by December 1, 2013, prior to sunset review in 2014.
2.16 Sec. 4. COMBATIVE SPORTS COMMISSION REVIEW.
2.17The commissioner of administration, in collaboration with the Office of the
2.18Legislative Auditor, must conduct a program and financial review of the Combative Sports
2.19Commission and must report to the legislature on the feasibility of merging the Combative
2.20Sports Commission with the Amateur Sports Commission to form a Minnesota Sports
2.21Commission that includes the functions of both entities. The Sunset Advisory Commission
2.22must review this report and make a recommendation to the legislature by March 15, 2012.
2.23EFFECTIVE DATE.This section is effective March 15, 2012.
2.26 Section 1. Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision
2.27to read:
2.28 Subd. 11. Report. The council shall prepare and distribute a report to the governor
2.29and legislature by November 15 of each year. The report shall summarize the activities
2.30of the council since its last report, list receipts and expenditures, identify the major
2.31problems and issues confronting American Indian people, and list the specific objectives
3.1that the council seeks to attain during the biennium. To the extent possible, the council
3.2shall report on outcome measures.
3.3 Sec. 2. Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:
3.4 Subd. 7. Report. The council shall prepare and distribute a report to the governor
3.5and legislature by November 15 of eacheven-numbered year. The report shall summarize
3.6the activities of the council since its last report, list receipts and expenditures, identify
3.7the major problems and issues confronting Chicano/Latino people, and list the specific
3.8objectives that the council seeks to attain during the next biennium. To the extent possible,
3.9the council shall report on outcome measures.
3.10 Sec. 3. Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:
3.11 Subd. 7. Report. The council shall prepare and distribute a report to the governor
3.12and legislature by November 15 of eacheven-numbered year. The report shall summarize
3.13the activities of the council since its last report, list receipts and expenditures, identify
3.14the major problems and issues confronting Black people, and list the specific objectives
3.15which the council seeks to attain during the next biennium. To the extent possible, the
3.16council shall report on outcome measures.
3.17 Sec. 4. Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:
3.18 Subd. 7. Report. The council shall prepare and distribute a report to the governor
3.19and legislature by November 15 of eacheven-numbered year. The report shall summarize
3.20the activities of the council since its last report, list receipts and expenditures, identify
3.21the major problems and issues confronting Asian-Pacific people, and list the specific
3.22objectives that the council seeks to attain during the next biennium. To the extent possible,
3.23the council shall report on outcome measures.
3.24 Sec. 5. [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.
3.25To the extent possible, the commission and the Office of the Legislative Auditor
3.26shall align their work so that audits and program evaluations conducted by the Office
3.27of the Legislative Auditor can inform the work of the commission. The commission
3.28may request the Office of the Legislative Auditor to provide updates on financial audits
3.29and program evaluations the Office of the Legislative Auditor has prepared on agencies
3.30scheduled for Sunset Advisory Commission review.
4.1 Sec. 6. Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:
4.23D.06 AGENCY REPORT TO COMMISSION.
4.3Before September 1 of the odd-numbered year before the year in which a state agency
4.4is subject to sunset review, the agency commissioner shall report to the commission:
4.5(1) information regarding the application to the agency of the criteria in section
4.63D.10
;
4.7(2) a priority-based budget for the agency in which the agency indicates: (i) which
4.8programs and activities the agency would devote more or less resources to if the agency
4.9appropriation were incrementally increased or decreased; and (ii) the likely changes
4.10in outcomes in agency goals and objectives if these incremental changes in resources
4.11occurred;
4.12(3) an inventory of all boards, commissions, committees, and other entities related
4.13to the agency; and
4.14(4) any other information that the agency commissioner considers appropriate or that
4.15is requested by the commission.
4.16The September 1 deadline in this section does not apply in 2011. For each sunset
4.17review cycle, the commission must specify the amounts of the incremental increases or
4.18decreases agencies must consider for purposes of clause (2).
4.19 Sec. 7. [3D.065] REPORT ON PERSONNEL.
4.20By September 1 of the odd-numbered year before the year in which a state agency is
4.21subject to sunset review, the commissioner of management and budget must report to the
4.22Sunset Advisory Commission on the number of full-time equivalent employees and the
4.23salary structure for each agency under review.
4.24 Sec. 8. [16B.371] ASSISTANCE TO SMALL AGENCIES.
4.25(a) The commissioner may provide administrative support services to small agencies.
4.26To promote efficiency and cost-effective use of state resources, and to improve financial
4.27controls, the commissioner may require a small agency to receive administrative support
4.28services through the Department of Administration or through another agency designated
4.29by the commissioner. Services subject to this section include finance, accounting, payroll,
4.30purchasing, human resources, and other services designated by the commissioner. The
4.31commissioner may determine what constitutes a small agency for purposes of this section.
4.32(b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the
4.33Council on Asian-Pacific Minnesotans, the Indian Affairs Council, the Capitol Area
4.34Architectural and Planning Board, the Amateur Sports Commission, the Minnesota State
5.1Council on Disability, and the Combative Sports Commission must use the services
5.2specified in paragraph (a).
5.3(c) The commissioner may require agencies receiving services under this section to
5.4reimburse the agency providing the services. Reimbursements received by a providing
5.5agency are reappropriated to the account making the expenditure in the providing agency.
5.6(d) For agencies covered in this section, the commissioner has the authority
5.7to require the agency to comply with applicable state finance, accounting, payroll,
5.8purchasing, and human resources policies.
5.9 Sec. 9. Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:
5.10 Subd. 4. Disclosure. Subject to the exceptions listed in this subdivision, all
5.11communications or information received by or disclosed to the board relating to any
5.12person or matter subject to its regulatory jurisdiction are confidential and privileged and
5.13any disciplinary hearing shall be closed to the public.
5.14(a) Upon application of a party in a proceeding before the board under section
5.15147.091
, the board shall produce and permit the inspection and copying, by or on behalf of
5.16the moving party, of any designated documents or papers relevant to the proceedings, in
5.17accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.
5.18(b) If the board takes corrective action or imposes disciplinary measures of any kind,
5.19whether by contested case or by settlement agreement, the name and business address of
5.20the licensee, the nature of the misconduct, and the action taken by the board are public
5.21data. If disciplinary action is taken by settlement agreement, the entire agreement is public
5.22data. The board shall decide disciplinary matters, whether by settlement or by contested
5.23case, by roll call vote. The votes are public data.
5.24(c) The board shall exchange information with other licensing boards, agencies, or
5.25departments within the state, as required under section214.10, subdivision 8 , paragraph
5.26(c), and may release information in the reports required under section147.02, subdivision
5.276 .
5.28(d) The board shall upon request furnish to a person who made a complaint, or the
5.29alleged victim of a violation of section147.091, subdivision 1 , paragraph (t), or both, a
5.30description of the activities and actions of the board relating to that complaint, a summary
5.31of the results of an investigation of that complaint, and the reasons for actions taken
5.32by the board.
5.33(e) A probable cause hearing held pursuant to section147.092 shall be closed to the
5.34public, except for the notices of hearing made public by operation of section147.092 .
6.1(f) Findings of fact, conclusions, and recommendations issued by the administrative
6.2law judge, and transcripts of oral arguments before the board pursuant to a contested case
6.3proceeding in which an administrative law judge found a violation of section147.091,
6.4subdivision 1 , paragraph (t), are public data.
6.5EFFECTIVE DATE.This section is effective the day following final enactment.
6.6 Sec. 10. Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision
6.7to read:
6.8 Subd. 10. Failure to report. Any person, health care facility, business, or
6.9organization that fails to report as required under this section shall be subject to civil
6.10penalties for failing to report as required by law.
6.11EFFECTIVE DATE.This section is effective the day following final enactment.
6.12 Sec. 11. [214.056] FEES COLLECTED; FUND TRANSFER PROHIBITED.
6.13Fees collected by health-related licensing boards must be used only to pay the costs
6.14associated with regulation of occupations and professions under the jurisdiction of those
6.15boards. The legislature must not transfer money generated by these fees from a special
6.16revenue fund to the general fund.
6.17 Sec. 12. [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.
6.18Each health-related licensing board, as defined in section 214.01, subdivision 2,
6.19and the commissioner of health, as the regulator for occupational therapy practitioners,
6.20speech-language pathologists, audiologists, and hearing instrument dispensers, are
6.21required to post on its public Web site the name and business address of each regulated
6.22individual who has:
6.23(1) a conviction during the previous ten years of a felony or gross misdemeanor.
6.24Conviction includes a conviction of an offense that if committed in this state would be
6.25considered a felony or gross misdemeanor without regard to its designation elsewhere,
6.26or a criminal proceeding where a finding or verdict of guilt is made or returned but the
6.27adjudication of guilt is either withheld or not entered;
6.28(2) a malpractice settlement or judgment entered against the regulated individual in
6.29any state or jurisdiction within the past ten years. Information describing the settlements
6.30and judgments shall be developed by the boards, shall be stated in plain English, and shall
6.31ensure the public understands the context of the action involving the licensee; or
7.1(3) any disciplinary or corrective action or restriction of privileges taken against the
7.2individual's license in this state or in any other state or jurisdiction. The Web site shall
7.3identify the basis for disciplinary action, the type of disciplinary action taken, and whether
7.4the action was taken by a licensing board in this or another state, the federal government,
7.5or a health care provider as defined in section 62A.63, subdivision 2.
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
7.7 Sec. 13. [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
7.8(a) Each health-related licensing board, as defined in section 214.01, subdivision 2,
7.9and the commissioner of health, as the regulator for occupational therapy practitioners,
7.10speech-language pathologists, audiologists, and hearing instrument dispensers, shall
7.11require an applicant to provide the individual's primary business address at the time of
7.12initial application and all subsequent renewals.
7.13(b) Each health-related licensing board, as defined in section 214.01, subdivision 2,
7.14and the commissioner of health, as the regulator for occupational therapy practitioners,
7.15speech-language pathologists, audiologists, and hearing instrument dispensers, shall have
7.16the authority to conduct criminal background checks on all applicants and regulated
7.17individuals, at the expense of the individual. The boards and the commissioner shall
7.18establish a protocol for conducting criminal background checks no later than January 1,
7.192013. This protocol must require the applicant or regulated individual to:
7.20(1) submit a full set of fingerprints to the board or its designee in a form and manner
7.21specified by the board; and
7.22(2) provide consent authorizing the board to obtain the individual's state and national
7.23criminal history record information for the purpose of determining the individual's
7.24suitability for a receiving a credential to practice.
7.25(c) Each health-related licensing board, as defined in section 214.01, subdivision 2,
7.26and the commissioner of health, as the regulator for occupational therapy practitioners,
7.27speech-language pathologists, audiologists, and hearing instrument dispensers, shall
7.28submit legislation for consideration in 2013 to require institutions, professional societies,
7.29other licensed professionals, insurers and other entities, and the courts to report conduct
7.30constituting grounds for disciplinary action to the respective regulatory entity. Each board
7.31and the commissioner must include penalties that may be imposed for failure to report.
7.32Boards with reporting obligations in statutes are exempt from this paragraph.
7.33EFFECTIVE DATE.This section is effective the day following final enactment.
8.1 Sec. 14. SUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH
8.2REVIEW.
8.3The Sunset Advisory Commission review of the Department of Health in 2013
8.4and 2014 must include an analysis of the extent to which health occupations should be
8.5licensed by the Department of Health, and the extent to which occupations should be
8.6licensed by licensing boards.
8.7 Sec. 15. REPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING
8.8BOARDS.
8.9The health-related licensing boards and the attorney general shall review and
8.10make recommendations to the legislature by January 15, 2013, on the respective roles
8.11of the boards and the attorney general in conducting investigations of licensees of the
8.12health-related licensing boards.
8.13 Sec. 16. REPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
8.14The chief information officer of the Office of Enterprise Technology and the
8.15commissioner of administration shall report to the legislature by January 15, 2013, on the
8.16best method of providing electronic licensing systems to the health-related licensing
8.17boards.
8.18 Sec. 17. REPORT; HEALTH-RELATED LICENSING BOARD FEES.
8.19Each health-related licensing board shall report to the chair and lead minority
8.20member of the senate and house of representatives committees with jurisdiction over
8.21health and human services finance by January 15, 2013, on the degree to which fees
8.22imposed by the board comply with Minnesota Statutes, sections 214.055 and 214.06.
8.23If a board determines that its fees are expected to produce more revenue than needed
8.24to recover expenditures during a five-year period, the board must propose reductions
8.25in those fees to the legislature.
8.26 Sec. 18. REPORTS; ADMINISTRATIVE SUPPORT SERVICES.
8.27(a) The commissioner of administration shall report to the legislature by January 15,
8.282013, on use of the SMART program by executive branch agencies.
8.29(b) The administrative services unit of health-related licensing boards shall report to
8.30the legislature by January 15, 2013, evaluating use of the units' services by health-related
8.31licensing boards.
9.1 Sec. 19. PRACTICE ACT; STUDY.
9.2The Board of Medical Practice shall convene a working group to evaluate the state's
9.3Medical Practice Act to ensure that it effectively protects the safety and well-being of the
9.4citizens of the state and allows transparency. In this evaluation the working group shall
9.5consider practice acts in other states, including conduct that may result in disciplinary
9.6action. The working group shall consult with consumers, experts, and others. The board
9.7shall submit legislation modifying the practice for consideration in the 2013 legislative
9.8session.
9.9EFFECTIVE DATE.This section is effective the day following final enactment.
9.10 Sec. 20. FEES; REDUCTION.
9.11The application and renewal fees for the following boards shall be reduced by 25
9.12percent:
9.13(1) the Board of Examiners of Nursing Home Administrators established pursuant
9.14to section 144A.19;
9.15(2) the Board of Medical Practice established pursuant to section 147.01;
9.16(3) the Board of Nursing established pursuant to section 148.81;
9.17(4) the Board of Chiropractic Examiners established pursuant to section 148.02;
9.18(5) the Board of Optometry established pursuant to section 148.52;
9.19(6) the Board of Physical Therapy established pursuant to section 148.67;
9.20(7) the Board of Psychology established pursuant to section 148.90;
9.21(8) the Board of Social Work established pursuant to section 148E.025;
9.22(9) the Board of Marriage and Family Therapy established pursuant to section
9.23148B.30;
9.24(10) the Board of Behavioral Health and Therapy established pursuant to section
9.25148B.51;
9.26(11) the Board of Dietetics and Nutrition Practice established pursuant to section
9.27148.622;
9.28(12) the Board of Dentistry established pursuant to section 150A.02;
9.29(13) the Board of Pharmacy established pursuant to section 151.02;
9.30(14) the Board of Podiatric Medicine established pursuant to section 153.02; and
9.31(15) the Board of Veterinary Medicine established pursuant to section 156.01.
9.32EFFECTIVE DATE.This section is effective for all applications and renewals
9.33received on or after August 1, 2012.
10.1 Sec. 21. APPROPRIATION.
10.2$....... is appropriated in fiscal year 2013 from the general fund to the Legislative
10.3Coordinating Commission to carry out the duties of the Sunset Advisory Commission.
10.4 Sec. 22. REPEALER.
10.5Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05;
10.6and 138A.06, are repealed effective the day following final enactment.
1.3changing certain agency requirements; requiring posting of convictions of
1.4felonies or gross misdemeanors and malpractice settlements or judgments for a
1.5regulated practitioner; requiring certain information on regulated practitioners;
1.6requiring a study; prohibiting transfer of certain funds; requiring reports;
1.7setting fees; appropriating money; amending Minnesota Statutes 2010, sections
1.83.922, by adding a subdivision; 3.9223, subdivision 7; 3.9225, subdivision 7;
1.93.9226, subdivision 7; 147.01, subdivision 4; 147.111, by adding a subdivision;
1.10Minnesota Statutes 2011 Supplement, sections 3D.06; 3D.21, subdivisions 1,
1.112; proposing coding for new law in Minnesota Statutes, chapters 3D; 16B;
1.12214; repealing Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03;
1.13138A.04; 138A.05; 138A.06.
1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 Section 1. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 1, is
1.18amended to read:
1.19 Subdivision 1. Group 1. The following agencies are sunset and, except as provided
1.20in section
1.21Board, Amateur Sports Commission, Combative Sports Commission, all health-related
1.22licensing boards listed in section
1.23
1.24Council, Council on Disabilities, and all advisory groups associated with these agencies.
1.25EFFECTIVE DATE.This section is effective the day following final enactment.
2.1 Sec. 2. Minnesota Statutes 2011 Supplement, section 3D.21, subdivision 2, is amended
2.2to read:
2.3 Subd. 2. Group 2. The following agencies are sunset and, except as provided in
2.4section
2.5Services, Department of Human Rights, Department of Education, Board of Teaching,
2.6Minnesota Office of Higher Education, Council on Black Minnesotans, Emergency
2.7Medical Services Regulatory Board, and all advisory groups associated with these
2.8agencies.
2.9 Sec. 3. COUNCIL ON BLACK MINNESOTANS INTERIM REVIEW.
2.10(a) The Council on Black Minnesotans is continued for two years and added to the
2.112014 Sunset Advisory Commission review schedule. In the council's report to the Sunset
2.12Advisory Commission, the council must submit an interim report and respond to issues
2.13raised in previous audits by the Office of the Legislative Auditor.
2.14(b) The Office of the Legislative Auditor should conduct a financial audit of the
2.15Council of Black Minnesotans by December 1, 2013, prior to sunset review in 2014.
2.16 Sec. 4. COMBATIVE SPORTS COMMISSION REVIEW.
2.17The commissioner of administration, in collaboration with the Office of the
2.18Legislative Auditor, must conduct a program and financial review of the Combative Sports
2.19Commission and must report to the legislature on the feasibility of merging the Combative
2.20Sports Commission with the Amateur Sports Commission to form a Minnesota Sports
2.21Commission that includes the functions of both entities. The Sunset Advisory Commission
2.22must review this report and make a recommendation to the legislature by March 15, 2012.
2.23EFFECTIVE DATE.This section is effective March 15, 2012.
2.26 Section 1. Minnesota Statutes 2010, section 3.922, is amended by adding a subdivision
2.27to read:
2.28 Subd. 11. Report. The council shall prepare and distribute a report to the governor
2.29and legislature by November 15 of each year. The report shall summarize the activities
2.30of the council since its last report, list receipts and expenditures, identify the major
2.31problems and issues confronting American Indian people, and list the specific objectives
3.1that the council seeks to attain during the biennium. To the extent possible, the council
3.2shall report on outcome measures.
3.3 Sec. 2. Minnesota Statutes 2010, section 3.9223, subdivision 7, is amended to read:
3.4 Subd. 7. Report. The council shall prepare and distribute a report to the governor
3.5and legislature by November 15 of each
3.6the activities of the council since its last report, list receipts and expenditures, identify
3.7the major problems and issues confronting Chicano/Latino people, and list the specific
3.8objectives that the council seeks to attain during the next biennium. To the extent possible,
3.9the council shall report on outcome measures.
3.10 Sec. 3. Minnesota Statutes 2010, section 3.9225, subdivision 7, is amended to read:
3.11 Subd. 7. Report. The council shall prepare and distribute a report to the governor
3.12and legislature by November 15 of each
3.13the activities of the council since its last report, list receipts and expenditures, identify
3.14the major problems and issues confronting Black people, and list the specific objectives
3.15which the council seeks to attain during the next biennium. To the extent possible, the
3.16council shall report on outcome measures.
3.17 Sec. 4. Minnesota Statutes 2010, section 3.9226, subdivision 7, is amended to read:
3.18 Subd. 7. Report. The council shall prepare and distribute a report to the governor
3.19and legislature by November 15 of each
3.20the activities of the council since its last report, list receipts and expenditures, identify
3.21the major problems and issues confronting Asian-Pacific people, and list the specific
3.22objectives that the council seeks to attain during the next biennium. To the extent possible,
3.23the council shall report on outcome measures.
3.24 Sec. 5. [3D.045] COORDINATION WITH LEGISLATIVE AUDITOR.
3.25To the extent possible, the commission and the Office of the Legislative Auditor
3.26shall align their work so that audits and program evaluations conducted by the Office
3.27of the Legislative Auditor can inform the work of the commission. The commission
3.28may request the Office of the Legislative Auditor to provide updates on financial audits
3.29and program evaluations the Office of the Legislative Auditor has prepared on agencies
3.30scheduled for Sunset Advisory Commission review.
4.1 Sec. 6. Minnesota Statutes 2011 Supplement, section 3D.06, is amended to read:
4.23D.06 AGENCY REPORT TO COMMISSION.
4.3Before September 1 of the odd-numbered year before the year in which a state agency
4.4is subject to sunset review, the agency commissioner shall report to the commission:
4.5(1) information regarding the application to the agency of the criteria in section
4.7(2) a priority-based budget for the agency in which the agency indicates: (i) which
4.8programs and activities the agency would devote more or less resources to if the agency
4.9appropriation were incrementally increased or decreased; and (ii) the likely changes
4.10in outcomes in agency goals and objectives if these incremental changes in resources
4.11occurred;
4.12(3) an inventory of all boards, commissions, committees, and other entities related
4.13to the agency; and
4.14(4) any other information that the agency commissioner considers appropriate or that
4.15is requested by the commission.
4.16
4.17review cycle, the commission must specify the amounts of the incremental increases or
4.18decreases agencies must consider for purposes of clause (2).
4.19 Sec. 7. [3D.065] REPORT ON PERSONNEL.
4.20By September 1 of the odd-numbered year before the year in which a state agency is
4.21subject to sunset review, the commissioner of management and budget must report to the
4.22Sunset Advisory Commission on the number of full-time equivalent employees and the
4.23salary structure for each agency under review.
4.24 Sec. 8. [16B.371] ASSISTANCE TO SMALL AGENCIES.
4.25(a) The commissioner may provide administrative support services to small agencies.
4.26To promote efficiency and cost-effective use of state resources, and to improve financial
4.27controls, the commissioner may require a small agency to receive administrative support
4.28services through the Department of Administration or through another agency designated
4.29by the commissioner. Services subject to this section include finance, accounting, payroll,
4.30purchasing, human resources, and other services designated by the commissioner. The
4.31commissioner may determine what constitutes a small agency for purposes of this section.
4.32(b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the
4.33Council on Asian-Pacific Minnesotans, the Indian Affairs Council, the Capitol Area
4.34Architectural and Planning Board, the Amateur Sports Commission, the Minnesota State
5.1Council on Disability, and the Combative Sports Commission must use the services
5.2specified in paragraph (a).
5.3(c) The commissioner may require agencies receiving services under this section to
5.4reimburse the agency providing the services. Reimbursements received by a providing
5.5agency are reappropriated to the account making the expenditure in the providing agency.
5.6(d) For agencies covered in this section, the commissioner has the authority
5.7to require the agency to comply with applicable state finance, accounting, payroll,
5.8purchasing, and human resources policies.
5.9 Sec. 9. Minnesota Statutes 2010, section 147.01, subdivision 4, is amended to read:
5.10 Subd. 4. Disclosure. Subject to the exceptions listed in this subdivision, all
5.11communications or information received by or disclosed to the board relating to any
5.12person or matter subject to its regulatory jurisdiction are confidential and privileged and
5.13any disciplinary hearing shall be closed to the public.
5.14(a) Upon application of a party in a proceeding before the board under section
5.16the moving party, of any designated documents or papers relevant to the proceedings, in
5.17accordance with the provisions of rule 34, Minnesota Rules of Civil Procedure.
5.18(b) If the board takes corrective action or imposes disciplinary measures of any kind,
5.19whether by contested case or by settlement agreement, the name and business address of
5.20the licensee, the nature of the misconduct, and the action taken by the board are public
5.21data. If disciplinary action is taken by settlement agreement, the entire agreement is public
5.22data. The board shall decide disciplinary matters, whether by settlement or by contested
5.23case, by roll call vote. The votes are public data.
5.24(c) The board shall exchange information with other licensing boards, agencies, or
5.25departments within the state, as required under section
5.26(c), and may release information in the reports required under section
5.276
5.28(d) The board shall upon request furnish to a person who made a complaint, or the
5.29alleged victim of a violation of section
5.30description of the activities and actions of the board relating to that complaint, a summary
5.31of the results of an investigation of that complaint, and the reasons for actions taken
5.32by the board.
5.33(e) A probable cause hearing held pursuant to section
5.34public, except for the notices of hearing made public by operation of section
6.1(f) Findings of fact, conclusions, and recommendations issued by the administrative
6.2law judge, and transcripts of oral arguments before the board pursuant to a contested case
6.3proceeding in which an administrative law judge found a violation of section
6.4subdivision 1
6.5EFFECTIVE DATE.This section is effective the day following final enactment.
6.6 Sec. 10. Minnesota Statutes 2010, section 147.111, is amended by adding a subdivision
6.7to read:
6.8 Subd. 10. Failure to report. Any person, health care facility, business, or
6.9organization that fails to report as required under this section shall be subject to civil
6.10penalties for failing to report as required by law.
6.11EFFECTIVE DATE.This section is effective the day following final enactment.
6.12 Sec. 11. [214.056] FEES COLLECTED; FUND TRANSFER PROHIBITED.
6.13Fees collected by health-related licensing boards must be used only to pay the costs
6.14associated with regulation of occupations and professions under the jurisdiction of those
6.15boards. The legislature must not transfer money generated by these fees from a special
6.16revenue fund to the general fund.
6.17 Sec. 12. [214.072] HEALTH-RELATED LICENSING BOARDS; WEB SITE.
6.18Each health-related licensing board, as defined in section 214.01, subdivision 2,
6.19and the commissioner of health, as the regulator for occupational therapy practitioners,
6.20speech-language pathologists, audiologists, and hearing instrument dispensers, are
6.21required to post on its public Web site the name and business address of each regulated
6.22individual who has:
6.23(1) a conviction during the previous ten years of a felony or gross misdemeanor.
6.24Conviction includes a conviction of an offense that if committed in this state would be
6.25considered a felony or gross misdemeanor without regard to its designation elsewhere,
6.26or a criminal proceeding where a finding or verdict of guilt is made or returned but the
6.27adjudication of guilt is either withheld or not entered;
6.28(2) a malpractice settlement or judgment entered against the regulated individual in
6.29any state or jurisdiction within the past ten years. Information describing the settlements
6.30and judgments shall be developed by the boards, shall be stated in plain English, and shall
6.31ensure the public understands the context of the action involving the licensee; or
7.1(3) any disciplinary or corrective action or restriction of privileges taken against the
7.2individual's license in this state or in any other state or jurisdiction. The Web site shall
7.3identify the basis for disciplinary action, the type of disciplinary action taken, and whether
7.4the action was taken by a licensing board in this or another state, the federal government,
7.5or a health care provider as defined in section 62A.63, subdivision 2.
7.6EFFECTIVE DATE.This section is effective the day following final enactment.
7.7 Sec. 13. [214.073] HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
7.8(a) Each health-related licensing board, as defined in section 214.01, subdivision 2,
7.9and the commissioner of health, as the regulator for occupational therapy practitioners,
7.10speech-language pathologists, audiologists, and hearing instrument dispensers, shall
7.11require an applicant to provide the individual's primary business address at the time of
7.12initial application and all subsequent renewals.
7.13(b) Each health-related licensing board, as defined in section 214.01, subdivision 2,
7.14and the commissioner of health, as the regulator for occupational therapy practitioners,
7.15speech-language pathologists, audiologists, and hearing instrument dispensers, shall have
7.16the authority to conduct criminal background checks on all applicants and regulated
7.17individuals, at the expense of the individual. The boards and the commissioner shall
7.18establish a protocol for conducting criminal background checks no later than January 1,
7.192013. This protocol must require the applicant or regulated individual to:
7.20(1) submit a full set of fingerprints to the board or its designee in a form and manner
7.21specified by the board; and
7.22(2) provide consent authorizing the board to obtain the individual's state and national
7.23criminal history record information for the purpose of determining the individual's
7.24suitability for a receiving a credential to practice.
7.25(c) Each health-related licensing board, as defined in section 214.01, subdivision 2,
7.26and the commissioner of health, as the regulator for occupational therapy practitioners,
7.27speech-language pathologists, audiologists, and hearing instrument dispensers, shall
7.28submit legislation for consideration in 2013 to require institutions, professional societies,
7.29other licensed professionals, insurers and other entities, and the courts to report conduct
7.30constituting grounds for disciplinary action to the respective regulatory entity. Each board
7.31and the commissioner must include penalties that may be imposed for failure to report.
7.32Boards with reporting obligations in statutes are exempt from this paragraph.
7.33EFFECTIVE DATE.This section is effective the day following final enactment.
8.1 Sec. 14. SUNSET ADVISORY COMMISSION; DEPARTMENT OF HEALTH
8.2REVIEW.
8.3The Sunset Advisory Commission review of the Department of Health in 2013
8.4and 2014 must include an analysis of the extent to which health occupations should be
8.5licensed by the Department of Health, and the extent to which occupations should be
8.6licensed by licensing boards.
8.7 Sec. 15. REPORT; INVESTIGATIONS FOR HEALTH-RELATED LICENSING
8.8BOARDS.
8.9The health-related licensing boards and the attorney general shall review and
8.10make recommendations to the legislature by January 15, 2013, on the respective roles
8.11of the boards and the attorney general in conducting investigations of licensees of the
8.12health-related licensing boards.
8.13 Sec. 16. REPORT; INFORMATION SYSTEMS FOR LICENSING BOARDS.
8.14The chief information officer of the Office of Enterprise Technology and the
8.15commissioner of administration shall report to the legislature by January 15, 2013, on the
8.16best method of providing electronic licensing systems to the health-related licensing
8.17boards.
8.18 Sec. 17. REPORT; HEALTH-RELATED LICENSING BOARD FEES.
8.19Each health-related licensing board shall report to the chair and lead minority
8.20member of the senate and house of representatives committees with jurisdiction over
8.21health and human services finance by January 15, 2013, on the degree to which fees
8.22imposed by the board comply with Minnesota Statutes, sections 214.055 and 214.06.
8.23If a board determines that its fees are expected to produce more revenue than needed
8.24to recover expenditures during a five-year period, the board must propose reductions
8.25in those fees to the legislature.
8.26 Sec. 18. REPORTS; ADMINISTRATIVE SUPPORT SERVICES.
8.27(a) The commissioner of administration shall report to the legislature by January 15,
8.282013, on use of the SMART program by executive branch agencies.
8.29(b) The administrative services unit of health-related licensing boards shall report to
8.30the legislature by January 15, 2013, evaluating use of the units' services by health-related
8.31licensing boards.
9.1 Sec. 19. PRACTICE ACT; STUDY.
9.2The Board of Medical Practice shall convene a working group to evaluate the state's
9.3Medical Practice Act to ensure that it effectively protects the safety and well-being of the
9.4citizens of the state and allows transparency. In this evaluation the working group shall
9.5consider practice acts in other states, including conduct that may result in disciplinary
9.6action. The working group shall consult with consumers, experts, and others. The board
9.7shall submit legislation modifying the practice for consideration in the 2013 legislative
9.8session.
9.9EFFECTIVE DATE.This section is effective the day following final enactment.
9.10 Sec. 20. FEES; REDUCTION.
9.11The application and renewal fees for the following boards shall be reduced by 25
9.12percent:
9.13(1) the Board of Examiners of Nursing Home Administrators established pursuant
9.14to section 144A.19;
9.15(2) the Board of Medical Practice established pursuant to section 147.01;
9.16(3) the Board of Nursing established pursuant to section 148.81;
9.17(4) the Board of Chiropractic Examiners established pursuant to section 148.02;
9.18(5) the Board of Optometry established pursuant to section 148.52;
9.19(6) the Board of Physical Therapy established pursuant to section 148.67;
9.20(7) the Board of Psychology established pursuant to section 148.90;
9.21(8) the Board of Social Work established pursuant to section 148E.025;
9.22(9) the Board of Marriage and Family Therapy established pursuant to section
9.23148B.30;
9.24(10) the Board of Behavioral Health and Therapy established pursuant to section
9.25148B.51;
9.26(11) the Board of Dietetics and Nutrition Practice established pursuant to section
9.27148.622;
9.28(12) the Board of Dentistry established pursuant to section 150A.02;
9.29(13) the Board of Pharmacy established pursuant to section 151.02;
9.30(14) the Board of Podiatric Medicine established pursuant to section 153.02; and
9.31(15) the Board of Veterinary Medicine established pursuant to section 156.01.
9.32EFFECTIVE DATE.This section is effective for all applications and renewals
9.33received on or after August 1, 2012.
10.1 Sec. 21. APPROPRIATION.
10.2$....... is appropriated in fiscal year 2013 from the general fund to the Legislative
10.3Coordinating Commission to carry out the duties of the Sunset Advisory Commission.
10.4 Sec. 22. REPEALER.
10.5Minnesota Statutes 2010, sections 138A.01; 138A.02; 138A.03; 138A.04; 138A.05;
10.6and 138A.06, are repealed effective the day following final enactment.
