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S.F. No. 1521 - Temporary License Suspensions for Health Care Professionals (First Engrossment)
Author: Senator Kathy Sheran
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
Date: March 13, 2015


SF 1521 modifies temporary license suspension requirements for health-related licensing boards.

Section 1 (148.271) exempts from licensure a registered nurse or advanced practice registered nurse licensed in another state, territory, or jurisdiction who is in Minnesota temporarily providing continuing or in-service education, serving as a guest lecturer, presenting at a conference, or teaching didactic via distance education to a student located in Minnesota enrolled in a formal course of study.

Section 2 (214.077) modifies and clarifies the temporary suspension provisions for health-related licensing boards under chapter 214.

Paragraph (a) requires a health-related licensing board to issue an order temporarily suspending a regulated person’s authority to practice if the board receives a complaint regarding the regulated person and has probable cause to believe that the regulated person has violated a statute or rule that the board is empowered to enforce and continued practice by the regulated person presents an imminent risk of serious harm.  The temporary suspension order must include the statute or rule alleged to have been violated.  The temporary suspension order takes effect upon personal service on the regulated person or their attorney or upon the third calendar day after the order is served by first class mail to the most recent address provided to the board for the regulated person or their attorney.

Paragraph (b) specifies that the temporary suspension order remains in effect until the board completes an investigation, holds a contested case hearing pursuant to the Administrative Procedure Act, and issues a final order.

Paragraph (c) requires the board to schedule a contested case hearing on the merits of whether disciplinary action is warranted at the time it issues the temporary suspension order.  Makes other clarifying changes by referring to a contested case hearing and the effective service of the temporary suspension order.

Paragraph (d) requires the administrative judge who is presiding over the contested case hearing to issue a report and recommendation to the board no later than 30 days after the final day of the hearing.  The board is required to issue a final order within 30 days of receipt of the administrative law judge’s report.  If the board has not issued its final order within this time period the temporary suspension is lifted except as provided under paragraph (e).

Paragraph (e) specifies that if the regulated person requests a delay in the contested case proceedings for any reason, the temporary suspension remains in place until the board issues a final order.

Section 3 (214.10, subd. 2) changes disciplinary hearing to a contested case hearing.

Section 4 (214.10, subd. 2a) removes section 609.52 (theft) from the list of violations in which a health-related licensing board is required to initiate proceedings to suspend or revoke a license or refuse to renew a license of a person who has been convicted of this violation.

Section 5 (214.32, subd. 6) requires a health-related licensing board to proceed pursuant to section 214.077 (temporary license suspension) if the board receives a report from the program manager of the health professionals services program, and if the board has probable cause to believe continued practice by the regulated person presents an imminent risk of serious harm.



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