.................... moves to amend H.F. No. 1898, the first engrossment, as follows:
Page 4, delete section 8 and insert:
"Sec. 8. Minnesota Statutes 2012, section 214.32, is amended to read:
1.4214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
Subdivision 1. Management.
(a) A Health Professionals Services Program
Committee is established, consisting of
one person appointed by each participating board,
1.7 with each participating board having one vote. no fewer than three, or more than six,
1.8executive directors of health-related licensing boards or their designees, and two members
1.9of the advisory committee established in paragraph (d). Program committee members
1.10from the health-related licensing boards shall be appointed by a means agreeable to the
1.11executive directors of the health-related licensing boards in July of odd-numbered years.
1.12Members from the advisory committee shall be appointed by a means agreeable to advisory
1.13committee members in July of odd-numbered years.
designate one board to provide administrative management of the program, set the program
budget and the pro rata share of program expenses to be borne by each participating
board, provide guidance on the general operation of the program, including hiring of
program personnel, and ensure that the program's direction is in accord with its authority.
1.18The program committee shall establish uniform criteria and procedures governing
1.19termination and discharge for all health professionals served by the health professionals
If the participating boards change which board is designated to
provide administrative management of the program, any appropriation remaining for the
program shall transfer to the newly designated board on the effective date of the change.
The participating boards must inform the appropriate legislative committees and the
commissioner of management and budget of any change in the administrative management
of the program, and the amount of any appropriation transferred under this provision.
(b) The designated board, upon recommendation of the Health Professional Services
Program Committee, shall hire the program manager and employees and pay expenses
of the program from funds appropriated for that purpose. The designated board may
apply for grants to pay program expenses and may enter into contracts on behalf of the
program to carry out the purposes of the program. The participating boards shall enter into
written agreements with the designated board.
(c) An advisory committee is established to advise the program committee consisting
(1) one member appointed by each
of the following: the Minnesota Academy of
2.10 Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
2.11 Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
2.12 Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
2.13 Association of the professional associations whose members are eligible for health
2.14professionals services program services
one member appointed by each of the professional associations of the other
2.16 professions regulated by a participating board not specified in clause (1); and
(3) two public members, as defined by section
Members of the advisory committee shall be appointed for two years and members
may be reappointed.
Subd. 2. Services.
(a) The program shall provide the following services to program
(1) referral of eligible regulated persons to qualified professionals for evaluation,
treatment, and a written plan for continuing care consistent with the regulated person's
illness. The referral shall take into consideration the regulated person's financial resources
as well as specific needs;
(2) development of individualized program participation agreements between
participants and the program to meet the needs of participants and protect the public. An
agreement may include, but need not be limited to, recommendations from the continuing
care plan, practice monitoring, health monitoring, practice restrictions, random drug
screening, support group participation, filing of reports necessary to document compliance,
and terms for successful completion of the regulated person's program; and
(3) monitoring of compliance by participants with individualized program
participation agreements or board orders.
(b) The program may develop services related to sections
employers and colleagues of regulated persons from participating boards.
Subd. 3. Participant costs.
Each program participant shall be responsible for
paying for the costs of physical, psychosocial, or other related evaluation, treatment,
laboratory monitoring, and random drug screens.
Subd. 4. Eligibility.
Admission to the health professional services program is
available to a person regulated by a participating board who is unable to practice with
reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
any other materials, or as a result of any mental, physical, or psychological condition.
Admission in the health professional services program shall be denied to persons:
(1) who have diverted controlled substances for other than self-administration;
(2) who have been terminated from this or any other state professional services
program for noncompliance in the program, unless referred by a participating board or the
3.12commissioner of health
(3) currently under a board disciplinary order or corrective action agreement, unless
referred by a board;
regulated under sections
214.25 , unless referred by a board or by the
3.16 commissioner of health;
accused of sexual misconduct; or
whose continued practice would create a serious risk of harm to the public.
Subd. 5. Completion; voluntary termination; discharge. (a)
A regulated person
completes the program when the terms of the program participation agreement are fulfilled.
A regulated person may voluntarily terminate participation in the health
professionals service program at any time
by reporting to the person's board which shall
3.23result in the program manager making a report to the regulated person's board under
3.24section 214.33, subdivision 3
The program manager may choose to discharge a regulated person from the
program and make a referral to the person's board at any time for reasons including but not
limited to: the degree of cooperation and compliance by the regulated person, the inability
to secure information or the medical records of the regulated person, or indication of other
possible violations of the regulated person's practice act. The regulated person shall be
notified in writing by the program manager of any change in the person's program status.
A regulated person who has been terminated or discharged from the program may be
referred back to the program for monitoring.
3.33 Subd. 6. Duties of a health related licensing board. (a) Upon receiving notice from
3.34the program manager that a regulated person has been discharged due to noncompliance
3.35or voluntary withdrawal, when the appropriate licensing board has probable cause to
3.36believe continued practice by the regulated person presents an imminent risk of harm, the
4.1licensing board shall temporarily suspend the regulated person's professional license. The
4.2suspension shall take effect upon written notice to the regulated person and shall specify
4.3the reason for the suspension.
4.4(b) The suspension shall remain in effect until the appropriate licensing board
4.5completes an investigation and issues a final order in the matter after a hearing.
4.6(c) At the time it issues the suspension notice, the appropriate licensing board shall
4.7schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
4.8The regulated person shall be provided with at least 20 days' notice of any hearing held
4.9pursuant to this subdivision. The hearing shall be scheduled to being no later than 60
4.10days after issuance of the suspension order.