HF 2555 encompasses the recommendations of the Sunset Advisory Commission.  The commission reviewed the health- related licensing boards, the Capitol Area Architectural and Planning Board, Amateur Sports Commission, Combative Sports Commission, Council on Affairs of Chicano/Latino People, Council on Black Minnesotans, Council on Asian-Pacific Minnesotans, Indian Affairs Council, Council on Disabilities, and all advisory groups associated with these agencies.

Article 1

Sunset Review

Section 1 (3D.04) authorizes the Sunset Advisory Commission to enter into contracts for evaluations of agencies under review.

Section 2 (3D.06) clarifies that agencies that are scheduled to be reviewed by the commission must include in their report to the commission an outcome based budget for each of the agency’s activities.  This section also includes what must be included for each activity.

Section 3 (3D.21, subd. 2) extends the expiration date of the following agencies to June 30, 2014:  Council on Affairs of Chicano/Latino People; Council on Black Minnesotans; Council on Asian-Pacific Minnesotans; and the Indian Affairs Council.  Adds the Emergency Medical Services Regulatory Board to the group 2 list of agencies set to expire on June 30, 2014.  

Section 4 (3D.21, subd. 4) extends the expiration date of the following agencies to June 30, 2018:  health-related licensing boards; the Capitol Area Architectural and Planning Board; the Amateur Sports Commission; and the Council on Disability.

Section 5 requests the Office of the Legislative Auditor (OLA)  to conduct a financial audit of the Council on Black Minnesotans by December 1, 2013, and requires the Council to respond to issues raised in the audit and previously raised issues in its next report to the Sunset Commission.

Section 6 requests the OLA to conduct a review on the sunset process in 2018.

Section 7 repeals section 3D.21, subdivision 1.  (Review of agencies listed in group 1.)

Article 2

Administrative Procedures and Fees

Section 1 (3.922, subd. 11)  requires the Indian Affairs Council to report to the governor and legislature by November 15 of each year, summarizing the activities of the council since the last report, listing the receipts and expenditures, identifying the major problems and issues confronting American Indian people, and listing the specific objectives the council seeks to attain during the biennium. The council shall report on outcome measures to the extent possible.

Section 2 (3.9223, subd. 7) requires the Council on Affairs of Chicano/Latino People to report to the governor and legislature annually instead of biennially and to the extent possible report on outcome measures.

Section 3 (3.9225, subd. 7) requires the Council on Black Minnesotans to report to the governor and legislature annually instead of biennially and to the extent possible to report on outcome measures.

Section 4 (3.9226, subd. 7) requires the Council on Asian-Pacific Minnesotans to report to the governor and legislature annually instead of biennially and to the extent possible report on outcome measures.

Section 5 (3D.045) requires the Sunset Commission to the extent possible to align their work with the OLA so that the audits and program evaluations conducted by the OLA can inform the work of the commission.  The commission may request the OLA for updates on financial audits and program evaluations previously done by the OLA on agencies that are scheduled for commission review.

Section 6 (3D.065) requires the Commissioner of Management and Budget to report to the commission on the number of FTE employees and salary structure for each agency under review.

Section 7 (16B.371) authorizes the Commissioner of Administration to provide administrative support services to small agencies and to require small agencies and requires the Chicano-Latino Affairs Council, the Council on Black Minnesotans, the Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Council on Disability to use these support services.  The commissioner may assess agencies to use and pay for support services provided, and may require the agency to comply with state finance, accounting, payroll, purchasing, and human resources policies.

Section 8 (147.01, subd. 4) requires the Board of Medical Practice to make public as public data any corrective action taken by the board on or after August 1, 2012.

Section 9  (147.111, subd. 10) states that any person, health care facility, business, or organization that fails to report to the Board of Medical Practice any conduct constituting grounds for disciplinary action is subject to civil penalties.

Section 10 (148.102, subd. 8) states that any person or insurer that fails to report to the Board of Chiropractic Examiners any conduct constituting grounds for disciplinary action is subject to civil penalties.

Section 11 (148.261, subd. 1) makes a technical change to conform a current Board of Nursing statute to the changes in this act.

Section 12 (148.263, subd. 7) states that any person, institution, insurer, or organization that fails to report to the Board of Nursing any conduct constituting grounds for disciplinary action is subject to civil penalties.

Sections 13 and 14 (148.5194, subd. 5; and 148.6445, subd. 10) state that the Commissioner of Health shall only use fees collected under these sections for purposes of administering the respective health occupation that is paying the fee.  These sections also prohibit the legislature from transferring money generated by these fees from the state government special revenue fund to the general fund.  These sections also specify that surcharges collected by the commissioner under section 16E.22 are not subject to these sections.

Section 15 (148B.07, subd. 10) states that any person, institution, insurer, or organization that fails to report to the Board of Marriage and Family Therapy any conduct constituting disciplinary action is subject to civil penalties.

Section 16 (148C.095, subd. 8) states that any person, institution, insurer, or organization that fails to report to the Board of Behavioral Health and Therapy any conduct constituting disciplinary action is subject to civil penalties.

Section 17 (148E.285) states that any person, institution, or organization that fails to report to the Board of Social Work any conduct constituting disciplinary action is subject to civil penalties.

Section 18 (150A.13, subd. 10) states that any person, insurer, institution, or organization that fails to report to the Board of Dentistry any conduct constituting disciplinary action is subject to civil penalties.

Section 19 (153.24, subd. 8) states that any person, institution, or insurer that fails to report to the Board of Podiatric Medicine any conduct constituting disciplinary action is subject to civil penalties.

Section 20 (153A.17) states that the Commissioner of Health shall only use fees collected under this subdivision for purposes of administering hearing aid dispensers.  This section also prohibits the legislature from transferring money generated by these fees from the state government special revenue fund to the general fund.  This section also specifies that surcharges collected by the commissioner under section 16E.22 are not subject to this section.

Section 21 (214.06, subd. 1) requires the Commissioner of Health and all health-related and non-health-related boards to propose or adjust any fee according to section 16A.1283.  Allows the health-related boards to accumulate up to one year of reserves before they are required to propose a fee reduction.

Section 22 (214.06, subd. 1a) states that the fees collected by the boards must only be used for purposes of the programs they administer.  Prohibits the transfer of funds from the state government special revenue fund to the general fund.  States that the OET surcharges are not subject to this section.

Section 23 (214.06, subd. 1b) specifies that when a health-related board imposes a surcharge on applicants or licensees, the surcharge must not be incorporated as a fee increase, but must be a separate assessment.

Section 24 (214.072) requires each health-related licensing boards and the Commissioner of Health to post on its Web site the name and business address of each regulated individual who has : (1) a conviction of a felony or gross misdemeanor occurring on or after July 1, 2013, in any state or jurisdiction; (2) a malpractice judgment occurring on or after July 1, 2013, against the regulated individual in any state or jurisdiction within the past ten years.; or (3) any disciplinary or corrective action or restriction of privileges taken against the individual’s license in this state or in any other state or jurisdiction.   Requires the boards and the commissioner to post for new licensees issued a license on or after July 1, 2013, and for current licensees upon license renewal occurring on or after July 1, 2013.  This section also specifies that this does not include any action or restriction imposed through an agreement with a regulated individual and the Health Professionals Services program.

Section 25 (214.073)  states that health-related licensing boards and the Commissioner of Health shall require an applicant to provide the individual’s primary business address at the time of the initial application and on all subsequent renewals, beginning after August 1, 2012.

Section 26 requires the health-related licensing boards and the Commissioner of Health to study and make recommendations for establishing uniform criminal history background check requirements applicable to applicants and regulated individuals under their jurisdiction.  The report and recommendations must be submitted to the Legislature by January 15, 2013.

Section 27 requires the health-related licensing boards and the Commissioner of Health jointly study and submit draft legislation developing consistent reporting requirements for institutions, professional societies, other licensed professionals, insurers, and other entities, to report conduct constituting grounds for disciplinary action to the respective regulatory entity.  The study and legislation must include a self-reporting requirement.  The legislation must include penalties that may be imposed for failure to report.  Boards with reporting obligations already in statute must participate to ensure that existing reporting obligations are consistent with the recommended requirements.

Section 28 requires that as part of the Sunset Commission review of the Department of Health in 2013 and 2014 an analysis shall be included as to the extent to which health occupations should be licensed by the Department of Health and which occupations should be licensed by the boards.

Section 29 requires the health-related licensing boards and the attorney general to review and make recommendations to the legislature by January 15, 2013, on the respective roles of the boards and the attorney general in conducting investigations of licensees.

Section 30 requires the chief information officer of the Office of Enterprise Technology and the Commissioner of Administration to report to the legislature by January 15, 2013, on the method of providing electronic licensing systems to the health-related licensing boards.

Section 31 requires each health-related licensing board to report to the legislature by January 15, 2013, on the degree to which fees imposed by the board comply with sections 214.055 and 214.06.  The boards are required to propose a reduction to the fees if its fees are expected to produce more revenue than needed to recover expenditures during a five-year period.

Section 32 requires the Commissioner of Administration to report to the legislature by January 15, 2013, on the use of the SMART program by executive branch agencies.  The administrative services unit of health-related licensing boards are required to report to the legislature by January 15, 2013, on the evaluation of the use of the unit’s services by health-related licensing boards.

Section 33 requires the Commissioner of Health to convene a work group to evaluate the state’s Medical Practice Act to ensure that it is protecting the safety and well-being of the citizens of the state and that it is allowing transparency.  Requires the commissioner to submit draft legislation modifying the practice for consideration during the 2013 legislative session.

Section 34 requests the OLA to conduct a special investigation of the Board of Medical Practice and its implementation of the Medical Practice Act.  The results of the investigation must be submitted to the legislature and the Sunset Commission by January 1, 2013.

Section 35 repeals the Labor Interpretive Center.

Article 3

Transfer of Combative Sports Duties

Section 1 (341.21, subd. 3a) defines "Commissioner" to mean the commissioner of Labor and Industry.

Section 2 (341.221) requires the commissioner of Labor and Industry to appoint a Combative Sports Advisory Council to advise the commissioner on the administration of duties under chapter 341.

Section 3 (341.23) strikes references to the commission and its members; duties are transferred to the Commissioner of Labor and Industry.

Section 4 (341.27) makes conforming changes regarding the transfer of duties.

Section 5 (341.271) makes conforming changes regarding the transfer of duties.

Section 6 (341.28, subd. 1) makes conforming changes regarding the transfer of duties.

Section 7 (341.37) changes the name of the current "commission" account in the special revenue fund to the "combative sports account," and appropriates money from the account to the commissioner of Labor and Industry instead of the commission.

Section 8 abolishes the Combative Sports Commission and transfers duties to the Commissioner of Labor and Industry (DOLI).  Authorizes DOLI to provide for transfer of staff.  Prohibits the use of money from the general fund to pay for costs associated with transfer of functions.  Provides for recovery of certain indirect costs from the Combative Sports account.

Section 9 instructs the Revisor to substitute the term "commissioner" for "commission" in Minnesota Statutes, chapter 341.

Section 10 repeals laws: defining the Combative Sports Commission and its director; creating the Combative Sports Commission; placing limits on members of the commission; authorizing the Governor to appoint an executive director of the commission; and governing commission meetings.

Section 11 states that this article is effective July 1, 2012. 

Article 4

Health Boards

Section 1 (214.09, subd. 5) prohibits current members of a health-related licensing board from seeking a paid employment position with that board.

Section 2 (214.103) makes changes to the health-related licensing boards complaint, investigation, and hearing process.

Subd. 1a. Notifications and resolution. Paragraph (a) provides that within 14 days of receipt of a complaint, the board must notify the complainant of receipt of the complaint and a written description of the review process. Requires the board to contact the complainant at least every 120 days of the status of the complaint.

Paragraph (b) requires the board, within 60 days of receipt of the complaint, to notify the licensee of the substance of the complaint, the laws that have allegedly been violated, the sections of professional rules that have allegedly been violated, and whether an investigation is being conducted.

Paragraph (c) requires the board to notify the licensee at least every 120 days of the status of the complaint.

Paragraph (d) provides that the board is not required to make notifications to the licensee if the notice would compromise the investigation or the notice cannot reasonably be accomplished within the time frames.

Paragraph (e) requires the board to resolve or dismiss a complaint within one year unless this cannot reasonably be accomplished and is not in the public interest.

Paragraph (f) provides that the board's failure to comply with the above paragraphs does not deprive the board of jurisdiction to complete the investigation or take action against a licensee.

Subd. 2. Receipt of complaint. Requires complainants to state the complaint in writing or authorize transcription of an oral complaint.

Subd. 3. Referral to other agencies. Permits government agencies to coordinate and conduct joint investigations when a complaint involves more than one agency.

Subd. 5. Investigation by the attorney general. Adds that when the designee of the attorney general completes an investigation, the designee shall forward the report to the executive director of the board with recommendations for further consideration or dismissal.

Subd. 6. Attempts at resolution. Adds that neither the executive director nor any member of the board's staff shall be a voting member on a disciplinary review panel. Strikes the provision that a contested case hearing can be initiated by the executive director if attempts at resolution are not satisfactory to the executive director.

Subd. 7. Contested case hearing. Requires the concurrence of a second board member in order for the executive director to initiate a contested case hearing when there is a determination that resolution of a complaint is not in the public interest.

Subd. 8. Dismissal and reopening of a complaint. Adds that the board cannot reopen a dismissed complaint unless it receives newly discovered information that was not available during the initial investigation or the board receives a new complaint that indicates a pattern of behavior or conduct.

Section 3 (214.108) allows a health-related licensing board to offer guidance to licensees about the application of laws and rules the board enforces. Provides that this guidance is not binding on any court or other adjudicatory body.   

Section 4 (214.109) allows a health-related licensing board to take administrative action against a regulated person whose records do not meet professional standards. Records that are fraudulent or could result in patient harm may be handled through disciplinary action.

States that action under this section is not disciplinary action.

Article 5

Appropriations

Section 1 (Legislative Coordinating Commission) appropriates $106,000 from the general fund for the fiscal year ending June 30, 2013, to perform duties related to the Sunset Advisory Commission. Increases the base by $139,000 in fiscal year 2014.

Section 2 (Medical Practice Act; Study) appropriates $112,000 from the state government special revenue fund in fiscal year 2013 to the Board of Medical Practice for transfer to the Commissioner of Health to convene and support the working group evaluating the Medical Practice Act to ensure that it is protecting the safely and well-being of the citizens and that it provides transparency.     

Section 3 (Legislative Auditor) appropriates $45,000 from the state government special revenue fund in fiscal year 2013 to the Legislative Auditor to conduct a special investigation of the Board of Medical Practice and its implementation of the Medical Practice Act.

Section 4 (Health-Related Licensing Boards) appropriates funds from the state government special revenue fund in fiscal year 2013 to the individual health-related licensing boards in order to carry out the duties in article 2.

KC/rdr