| 1 | 1 | | 1.1 A bill for an act |
|---|
| 2 | 2 | | 1.2 relating to health; modifying membership of Board of Medical Practice; establishing |
|---|
| 3 | 3 | | 1.3 requirements for complaint review committee membership and processes; |
|---|
| 4 | 4 | | 1.4 establishing requirements for information on provider profiles on Board of Medicine |
|---|
| 5 | 5 | | 1.5 website; establishing requirements for posted information at points of patient |
|---|
| 6 | 6 | | 1.6 contact; requiring an audit; requiring reports; amending Minnesota Statutes 2024, |
|---|
| 7 | 7 | | 1.7 sections 147.01, subdivisions 1, 2, 4; 147.02, subdivision 5; 147.091, subdivision |
|---|
| 8 | 8 | | 1.8 1; proposing coding for new law in Minnesota Statutes, chapter 147. |
|---|
| 9 | 9 | | 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 10 | 10 | | 1.10 Section 1. Minnesota Statutes 2024, section 147.01, subdivision 1, is amended to read: |
|---|
| 11 | 11 | | 1.11 Subdivision 1.Creation; terms.(a) The Board of Medical Practice consists of 16 17 |
|---|
| 12 | 12 | | 1.12residents of the state of Minnesota appointed by the governor. Eleven Nine board members |
|---|
| 13 | 13 | | 1.13must be licensed to practice medicine under this chapter. At least one board member must |
|---|
| 14 | 14 | | 1.14hold a degree of doctor of medicine, and at least one board member must hold a degree of |
|---|
| 15 | 15 | | 1.15doctor of osteopathic medicine. Five Eight board members must be public members as |
|---|
| 16 | 16 | | 1.16defined by section 214.02 and must meet the criteria in paragraph (b). The governor shall |
|---|
| 17 | 17 | | 1.17make appointments to the board which reflect the geography of the state. In making these |
|---|
| 18 | 18 | | 1.18appointments, the governor shall ensure that no more than one public member resides in |
|---|
| 19 | 19 | | 1.19each United States congressional district, and that at least one member who is not a public |
|---|
| 20 | 20 | | 1.20member resides in each United States congressional district. The board members holding |
|---|
| 21 | 21 | | 1.21the degree of doctor of medicine or doctor of osteopathic medicine must, as a whole, reflect |
|---|
| 22 | 22 | | 1.22the broad mix of expertise of physicians practicing in Minnesota. A member may be |
|---|
| 23 | 23 | | 1.23reappointed but shall not serve more than eight years consecutively. Membership terms, |
|---|
| 24 | 24 | | 1.24compensation of members, removal of members, the filling of membership vacancies, and |
|---|
| 25 | 25 | | 1.25fiscal year and reporting requirements are as provided in sections 214.07 to 214.09. The |
|---|
| 26 | 26 | | 1Section 1. |
|---|
| 27 | 27 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC |
|---|
| 28 | 28 | | SENATE |
|---|
| 29 | 29 | | STATE OF MINNESOTA |
|---|
| 30 | 30 | | S.F. No. 3416NINETY-FOURTH SESSION |
|---|
| 31 | 31 | | (SENATE AUTHORS: PUTNAM) |
|---|
| 32 | 32 | | OFFICIAL STATUSD-PGDATE |
|---|
| 33 | 33 | | Introduction and first reading04/23/2025 |
|---|
| 34 | 34 | | Referred to Health and Human Services 2.1provision of staff, administrative services and office space; the review and processing of |
|---|
| 35 | 35 | | 2.2complaints; the setting of board fees; and other provisions relating to board operations are |
|---|
| 36 | 36 | | 2.3as provided in chapter 214. |
|---|
| 37 | 37 | | 2.4 (b) Each public member must meet the following criteria: |
|---|
| 38 | 38 | | 2.5 (1) has experience in consumer advocacy or public interest advocacy relating to health |
|---|
| 39 | 39 | | 2.6care safety and quality improvement; |
|---|
| 40 | 40 | | 2.7 (2) has communication and negotiation skills; |
|---|
| 41 | 41 | | 2.8 (3) has expressed commitment to the time necessary to fully participate in all board |
|---|
| 42 | 42 | | 2.9activities; |
|---|
| 43 | 43 | | 2.10 (4) has education or training in particular health care concerns of diverse demographic |
|---|
| 44 | 44 | | 2.11groups; |
|---|
| 45 | 45 | | 2.12 (5) has current community connections to organizations representing diverse population |
|---|
| 46 | 46 | | 2.13groups or has expressed intent to establish community connections to organizations |
|---|
| 47 | 47 | | 2.14representing diverse population groups; and |
|---|
| 48 | 48 | | 2.15 (6) has experience serving for civic, educational, or benevolent organizations. |
|---|
| 49 | 49 | | 2.16 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 50 | 50 | | 2.17 Sec. 2. Minnesota Statutes 2024, section 147.01, subdivision 2, is amended to read: |
|---|
| 51 | 51 | | 2.18 Subd. 2.Recommendations for appointment.(a) Prior to the end of the term of a |
|---|
| 52 | 52 | | 2.19doctor of medicine or public member on the board, or within 60 days after a doctor of |
|---|
| 53 | 53 | | 2.20medicine or public member position on the board becomes vacant, the State Medical |
|---|
| 54 | 54 | | 2.21Association, the Mental Health Association of Minnesota, patient safety advocacy |
|---|
| 55 | 55 | | 2.22organizations, and other interested persons and organizations may recommend to the governor |
|---|
| 56 | 56 | | 2.23doctors of medicine and public members qualified to serve on the board. Prior to the end |
|---|
| 57 | 57 | | 2.24of the term of an osteopathic physician, or within 60 days after an osteopathic physician |
|---|
| 58 | 58 | | 2.25membership becomes vacant, the Minnesota Osteopathic Medical Society may recommend |
|---|
| 59 | 59 | | 2.26to the governor three osteopathic physicians qualified to serve on the board. The governor |
|---|
| 60 | 60 | | 2.27may appoint members to the board from the list of persons recommended or from among |
|---|
| 61 | 61 | | 2.28other qualified candidates. |
|---|
| 62 | 62 | | 2.29 (b) At least 60 days prior to filling the vacancy of any public member, notice of the |
|---|
| 63 | 63 | | 2.30vacancy for the public member must be published in the newspaper of record in the |
|---|
| 64 | 64 | | 2.31congressional district in which the vacancy will occur. |
|---|
| 65 | 65 | | 2.32 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 66 | 66 | | 2Sec. 2. |
|---|
| 67 | 67 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 3.1 Sec. 3. Minnesota Statutes 2024, section 147.01, subdivision 4, is amended to read: |
|---|
| 68 | 68 | | 3.2 Subd. 4.Disclosure.(a) Subject to the exceptions listed in this subdivision, all |
|---|
| 69 | 69 | | 3.3communications or information received by or disclosed to the board relating to any person |
|---|
| 70 | 70 | | 3.4or matter subject to its regulatory jurisdiction are confidential and privileged and any |
|---|
| 71 | 71 | | 3.5disciplinary hearing shall be closed to the public, except that a complainant, respondent, or |
|---|
| 72 | 72 | | 3.6the legal representative of a complainant or respondent must be provided access to all |
|---|
| 73 | 73 | | 3.7communications and information received and any disciplinary hearing held in relation to |
|---|
| 74 | 74 | | 3.8proceedings in which the complainant or respondent are subjects. |
|---|
| 75 | 75 | | 3.9 (a) (b) Upon application of a party in a proceeding before the board under section 147.091, |
|---|
| 76 | 76 | | 3.10the board shall produce and permit the inspection and copying, by or on behalf of the moving |
|---|
| 77 | 77 | | 3.11party, of any designated documents or papers relevant to the proceedings, in accordance |
|---|
| 78 | 78 | | 3.12with the provisions of rule 34, Minnesota Rules of Civil Procedure. |
|---|
| 79 | 79 | | 3.13 (b) (c) If the board takes corrective action or imposes disciplinary measures of any kind, |
|---|
| 80 | 80 | | 3.14whether by contested case or by settlement agreement, the name and business address of |
|---|
| 81 | 81 | | 3.15the licensee, the nature of the misconduct, and the action taken by the board are public data. |
|---|
| 82 | 82 | | 3.16If disciplinary action is taken by settlement agreement, the entire agreement is public data. |
|---|
| 83 | 83 | | 3.17The board shall decide disciplinary matters, whether by settlement or by contested case, by |
|---|
| 84 | 84 | | 3.18roll call vote. The votes are public data. |
|---|
| 85 | 85 | | 3.19 (c) (d) The board shall exchange information with other licensing boards, agencies, or |
|---|
| 86 | 86 | | 3.20departments within the state, as required under section 214.10, subdivision 8, paragraph |
|---|
| 87 | 87 | | 3.21(c), and may release information in the reports required under section 147.02, subdivision |
|---|
| 88 | 88 | | 3.226. |
|---|
| 89 | 89 | | 3.23 (d) (e) The board shall upon request furnish to a person who made a complaint, or the |
|---|
| 90 | 90 | | 3.24alleged victim of a violation of section 147.091, subdivision 1, paragraph (t), or both, a |
|---|
| 91 | 91 | | 3.25description of the activities and actions of the board relating to that complaint, a summary |
|---|
| 92 | 92 | | 3.26of the results of an investigation of that complaint, and the reasons for actions taken by the |
|---|
| 93 | 93 | | 3.27board. |
|---|
| 94 | 94 | | 3.28 (e) (f) A probable cause hearing held pursuant to section 147.092 shall be closed to the |
|---|
| 95 | 95 | | 3.29public, except that an alleged victim, a respondent, or the legal representative of an alleged |
|---|
| 96 | 96 | | 3.30victim or respondent must be provided access to a probable cause hearing held in relation |
|---|
| 97 | 97 | | 3.31to proceedings in which the alleged victim or respondent are subjects, and except for the |
|---|
| 98 | 98 | | 3.32notices of hearing made public by operation of section 147.092. |
|---|
| 99 | 99 | | 3.33 (f) (g) Findings of fact, conclusions, and recommendations issued by the administrative |
|---|
| 100 | 100 | | 3.34law judge, and transcripts of oral arguments before the board pursuant to a contested case |
|---|
| 101 | 101 | | 3Sec. 3. |
|---|
| 102 | 102 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 4.1proceeding in which an administrative law judge found a violation of section 147.091, |
|---|
| 103 | 103 | | 4.2subdivision 1, paragraph (t), are public data. |
|---|
| 104 | 104 | | 4.3 (h) The board must post the following information on a physician's profile on the board's |
|---|
| 105 | 105 | | 4.4public website: |
|---|
| 106 | 106 | | 4.5 (1) all past and present board disciplinary actions against the physician, including |
|---|
| 107 | 107 | | 4.6accessible electronic copies of all documents related to any board disciplinary action; |
|---|
| 108 | 108 | | 4.7 (2) all malpractice settlements to which a physician is a party; |
|---|
| 109 | 109 | | 4.8 (3) all known disciplinary actions taken against the physician in any other state; |
|---|
| 110 | 110 | | 4.9 (4) all hospital privileging actions involving the physician; and |
|---|
| 111 | 111 | | 4.10 (5) all civil and criminal actions against the physician in state or federal courts relating |
|---|
| 112 | 112 | | 4.11to their practice as a physician. |
|---|
| 113 | 113 | | 4.12 (i) The board must post the information required under paragraph (h) in a manner that |
|---|
| 114 | 114 | | 4.13complies with all relevant laws relating to patient confidentiality. |
|---|
| 115 | 115 | | 4.14 EFFECTIVE DATE.This section is effective January 1, 2026. |
|---|
| 116 | 116 | | 4.15 Sec. 4. Minnesota Statutes 2024, section 147.02, subdivision 5, is amended to read: |
|---|
| 117 | 117 | | 4.16 Subd. 5.Procedures.The board shall adopt a written statement of internal operating |
|---|
| 118 | 118 | | 4.17procedures describing procedures for receiving and investigating complaints, reviewing |
|---|
| 119 | 119 | | 4.18misconduct cases, and imposing disciplinary actions. Any complaint review committee |
|---|
| 120 | 120 | | 4.19(CRC) established within the board to investigate complaints, review misconduct cases, |
|---|
| 121 | 121 | | 4.20and impose disciplinary actions must be comprised of four board members. Two members |
|---|
| 122 | 122 | | 4.21of a CRC must be physician members and two members must be public members. A |
|---|
| 123 | 123 | | 4.22complainant, respondent, or the legal representative of a complainant or respondent must |
|---|
| 124 | 124 | | 4.23be provided access to all communications and information received and any hearing held |
|---|
| 125 | 125 | | 4.24in relation to CRC proceedings in which the complainant or respondent are subjects. |
|---|
| 126 | 126 | | 4.25 Sec. 5. Minnesota Statutes 2024, section 147.091, subdivision 1, is amended to read: |
|---|
| 127 | 127 | | 4.26 Subdivision 1.Grounds listed.The board may refuse to grant a license, may refuse to |
|---|
| 128 | 128 | | 4.27grant registration to perform interstate telehealth services, or may impose disciplinary action |
|---|
| 129 | 129 | | 4.28as described in section 147.141 against any physician. The following conduct is prohibited |
|---|
| 130 | 130 | | 4.29and is grounds for disciplinary action: |
|---|
| 131 | 131 | | 4Sec. 5. |
|---|
| 132 | 132 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 5.1 (a) Failure to demonstrate the qualifications or satisfy the requirements for a license |
|---|
| 133 | 133 | | 5.2contained in this chapter or rules of the board. The burden of proof shall be upon the applicant |
|---|
| 134 | 134 | | 5.3to demonstrate such qualifications or satisfaction of such requirements. |
|---|
| 135 | 135 | | 5.4 (b) Obtaining a license by fraud or cheating, or attempting to subvert the licensing |
|---|
| 136 | 136 | | 5.5examination process. Conduct which subverts or attempts to subvert the licensing examination |
|---|
| 137 | 137 | | 5.6process includes, but is not limited to: (1) conduct which violates the security of the |
|---|
| 138 | 138 | | 5.7examination materials, such as removing examination materials from the examination room |
|---|
| 139 | 139 | | 5.8or having unauthorized possession of any portion of a future, current, or previously |
|---|
| 140 | 140 | | 5.9administered licensing examination; (2) conduct which violates the standard of test |
|---|
| 141 | 141 | | 5.10administration, such as communicating with another examinee during administration of the |
|---|
| 142 | 142 | | 5.11examination, copying another examinee's answers, permitting another examinee to copy |
|---|
| 143 | 143 | | 5.12one's answers, or possessing unauthorized materials; or (3) impersonating an examinee or |
|---|
| 144 | 144 | | 5.13permitting an impersonator to take the examination on one's own behalf. |
|---|
| 145 | 145 | | 5.14 (c) Conviction, during the previous five years, of a felony reasonably related to the |
|---|
| 146 | 146 | | 5.15practice of medicine or osteopathic medicine. Conviction as used in this subdivision shall |
|---|
| 147 | 147 | | 5.16include a conviction of an offense which if committed in this state would be deemed a felony |
|---|
| 148 | 148 | | 5.17without regard to its designation elsewhere, or a criminal proceeding where a finding or |
|---|
| 149 | 149 | | 5.18verdict of guilt is made or returned but the adjudication of guilt is either withheld or not |
|---|
| 150 | 150 | | 5.19entered thereon. |
|---|
| 151 | 151 | | 5.20 (d) Revocation, suspension, restriction, limitation, or other disciplinary action against |
|---|
| 152 | 152 | | 5.21the person's medical license in another state or jurisdiction, failure to report to the board |
|---|
| 153 | 153 | | 5.22that charges regarding the person's license have been brought in another state or jurisdiction, |
|---|
| 154 | 154 | | 5.23or having been refused a license by any other state or jurisdiction. |
|---|
| 155 | 155 | | 5.24 (e) Advertising which is false or misleading, which violates any rule of the board, or |
|---|
| 156 | 156 | | 5.25which claims without substantiation the positive cure of any disease, or professional |
|---|
| 157 | 157 | | 5.26superiority to or greater skill than that possessed by another physician. |
|---|
| 158 | 158 | | 5.27 (f) Violating a rule promulgated by the board or an order of the board, a state, or federal |
|---|
| 159 | 159 | | 5.28law which relates to the practice of medicine, or in part regulates the practice of medicine |
|---|
| 160 | 160 | | 5.29including without limitation sections 604.201, 609.344, and 609.345, or a state or federal |
|---|
| 161 | 161 | | 5.30narcotics or controlled substance law. |
|---|
| 162 | 162 | | 5.31 (g) Engaging in any unethical or improper conduct, including but not limited to: |
|---|
| 163 | 163 | | 5.32 (1) conduct likely to deceive or defraud the public; |
|---|
| 164 | 164 | | 5.33 (2) conduct likely to harm the public; |
|---|
| 165 | 165 | | 5Sec. 5. |
|---|
| 166 | 166 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 6.1 (3) conduct that demonstrates a willful or careless disregard for the health, welfare, or |
|---|
| 167 | 167 | | 6.2safety of a patient; |
|---|
| 168 | 168 | | 6.3 (4) medical practice that is professionally incompetent; and |
|---|
| 169 | 169 | | 6.4 (5) conduct that may create unnecessary danger to any patient's life, health, or safety, |
|---|
| 170 | 170 | | 6.5in any of which cases, proof of actual injury need not be established. |
|---|
| 171 | 171 | | 6.6 (h) Failure to provide proper supervision, including but not limited to supervision of a: |
|---|
| 172 | 172 | | 6.7 (1) licensed or unlicensed health care provider; and |
|---|
| 173 | 173 | | 6.8 (2) physician under any agreement with the board. |
|---|
| 174 | 174 | | 6.9 (i) Aiding or abetting an unlicensed person in the practice of medicine, except that it is |
|---|
| 175 | 175 | | 6.10not a violation of this paragraph for a physician to employ, supervise, or delegate functions |
|---|
| 176 | 176 | | 6.11to a qualified person who may or may not be required to obtain a license or registration to |
|---|
| 177 | 177 | | 6.12provide health services if that person is practicing within the scope of that person's license |
|---|
| 178 | 178 | | 6.13or registration or delegated authority. |
|---|
| 179 | 179 | | 6.14 (j) Adjudication by a court of competent jurisdiction, within or outside this state, as: |
|---|
| 180 | 180 | | 6.15 (1) mentally incompetent; |
|---|
| 181 | 181 | | 6.16 (2) mentally ill; |
|---|
| 182 | 182 | | 6.17 (3) developmentally disabled; |
|---|
| 183 | 183 | | 6.18 (4) a chemically dependent person; |
|---|
| 184 | 184 | | 6.19 (5) a person dangerous to the public; |
|---|
| 185 | 185 | | 6.20 (6) a sexually dangerous person; or |
|---|
| 186 | 186 | | 6.21 (7) a person who has a sexual psychopathic personality. |
|---|
| 187 | 187 | | 6.22 Such adjudication shall automatically suspend a license for the duration of the |
|---|
| 188 | 188 | | 6.23adjudication unless the board orders otherwise. |
|---|
| 189 | 189 | | 6.24 (k) Conduct that departs from or fails to conform to the minimal standards of acceptable |
|---|
| 190 | 190 | | 6.25and prevailing medical practice in which case proof of actual injury need not be established. |
|---|
| 191 | 191 | | 6.26 (l) Inability to practice medicine with reasonable skill and safety to patients by reason |
|---|
| 192 | 192 | | 6.27of the following, including but not limited to: |
|---|
| 193 | 193 | | 6.28 (1) illness; |
|---|
| 194 | 194 | | 6.29 (2) intoxication; |
|---|
| 195 | 195 | | 6Sec. 5. |
|---|
| 196 | 196 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 7.1 (3) use of drugs, narcotics, chemicals, or any other type of substance; |
|---|
| 197 | 197 | | 7.2 (4) mental condition; |
|---|
| 198 | 198 | | 7.3 (5) physical condition; |
|---|
| 199 | 199 | | 7.4 (6) diminished cognitive ability; |
|---|
| 200 | 200 | | 7.5 (7) loss of motor skills; or |
|---|
| 201 | 201 | | 7.6 (8) deterioration through the aging process. |
|---|
| 202 | 202 | | 7.7 (m) Revealing a privileged communication from or relating to a patient except when |
|---|
| 203 | 203 | | 7.8otherwise required or permitted by law. |
|---|
| 204 | 204 | | 7.9 (n) Failure by a doctor of osteopathic medicine to identify the school of healing in the |
|---|
| 205 | 205 | | 7.10professional use of the doctor's name by one of the following terms: osteopathic physician |
|---|
| 206 | 206 | | 7.11and surgeon, doctor of osteopathic medicine, or D.O. |
|---|
| 207 | 207 | | 7.12 (o) Improper management of medical records, including failure to maintain adequate |
|---|
| 208 | 208 | | 7.13medical records, to comply with a patient's request made pursuant to sections 144.291 to |
|---|
| 209 | 209 | | 7.14144.298 or to furnish a medical record or report required by law. |
|---|
| 210 | 210 | | 7.15 (p) Fee splitting, including without limitation: |
|---|
| 211 | 211 | | 7.16 (1) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate, or |
|---|
| 212 | 212 | | 7.17remuneration, directly or indirectly, primarily for the referral of patients or the prescription |
|---|
| 213 | 213 | | 7.18of drugs or devices; |
|---|
| 214 | 214 | | 7.19 (2) dividing fees with another physician or a professional corporation, unless the division |
|---|
| 215 | 215 | | 7.20is in proportion to the services provided and the responsibility assumed by each professional |
|---|
| 216 | 216 | | 7.21and the physician has disclosed the terms of the division; |
|---|
| 217 | 217 | | 7.22 (3) referring a patient to any health care provider as defined in sections 144.291 to |
|---|
| 218 | 218 | | 7.23144.298 in which the referring physician has a "financial or economic interest," as defined |
|---|
| 219 | 219 | | 7.24in section 144.6521, subdivision 3, unless the physician has disclosed the physician's financial |
|---|
| 220 | 220 | | 7.25or economic interest in accordance with section 144.6521; and |
|---|
| 221 | 221 | | 7.26 (4) dispensing for profit any drug or device, unless the physician has disclosed the |
|---|
| 222 | 222 | | 7.27physician's own profit interest. |
|---|
| 223 | 223 | | 7.28The physician must make the disclosures required in this clause in advance and in writing |
|---|
| 224 | 224 | | 7.29to the patient and must include in the disclosure a statement that the patient is free to choose |
|---|
| 225 | 225 | | 7.30a different health care provider. This clause does not apply to the distribution of revenues |
|---|
| 226 | 226 | | 7.31from a partnership, group practice, nonprofit corporation, or professional corporation to its |
|---|
| 227 | 227 | | 7Sec. 5. |
|---|
| 228 | 228 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 8.1partners, shareholders, members, or employees if the revenues consist only of fees for |
|---|
| 229 | 229 | | 8.2services performed by the physician or under a physician's direct supervision, or to the |
|---|
| 230 | 230 | | 8.3division or distribution of prepaid or capitated health care premiums, or fee-for-service |
|---|
| 231 | 231 | | 8.4withhold amounts paid under contracts established under other state law. |
|---|
| 232 | 232 | | 8.5 (q) Engaging in abusive or fraudulent billing practices, including violations of the federal |
|---|
| 233 | 233 | | 8.6Medicare and Medicaid laws or state medical assistance laws. |
|---|
| 234 | 234 | | 8.7 (r) Becoming addicted or habituated to a drug or intoxicant. |
|---|
| 235 | 235 | | 8.8 (s) Inappropriate prescribing of or failure to properly prescribe a drug or device, including |
|---|
| 236 | 236 | | 8.9prescribing a drug or device for other than medically accepted therapeutic or experimental |
|---|
| 237 | 237 | | 8.10or investigative purposes authorized by a state or federal agency. |
|---|
| 238 | 238 | | 8.11 (t) Engaging in conduct with a patient which is sexual or may reasonably be interpreted |
|---|
| 239 | 239 | | 8.12by the patient as sexual, or in any verbal behavior which is seductive or sexually demeaning |
|---|
| 240 | 240 | | 8.13to a patient. |
|---|
| 241 | 241 | | 8.14 (u) Failure to make reports as required by section 147.111 or to cooperate with an |
|---|
| 242 | 242 | | 8.15investigation of the board as required by section 147.131. |
|---|
| 243 | 243 | | 8.16 (v) Knowingly providing false or misleading information that is directly related to the |
|---|
| 244 | 244 | | 8.17care of that patient unless done for an accepted therapeutic purpose such as the administration |
|---|
| 245 | 245 | | 8.18of a placebo. |
|---|
| 246 | 246 | | 8.19 (w) Aiding suicide or aiding attempted suicide in violation of section 609.215 as |
|---|
| 247 | 247 | | 8.20established by any of the following: |
|---|
| 248 | 248 | | 8.21 (1) a copy of the record of criminal conviction or plea of guilty for a felony in violation |
|---|
| 249 | 249 | | 8.22of section 609.215, subdivision 1 or 2; |
|---|
| 250 | 250 | | 8.23 (2) a copy of the record of a judgment of contempt of court for violating an injunction |
|---|
| 251 | 251 | | 8.24issued under section 609.215, subdivision 4; |
|---|
| 252 | 252 | | 8.25 (3) a copy of the record of a judgment assessing damages under section 609.215, |
|---|
| 253 | 253 | | 8.26subdivision 5; or |
|---|
| 254 | 254 | | 8.27 (4) a finding by the board that the person violated section 609.215, subdivision 1 or 2. |
|---|
| 255 | 255 | | 8.28The board shall investigate any complaint of a violation of section 609.215, subdivision 1 |
|---|
| 256 | 256 | | 8.29or 2. |
|---|
| 257 | 257 | | 8.30 (x) Practice of a board-regulated profession under lapsed or nonrenewed credentials. |
|---|
| 258 | 258 | | 8.31 (y) Failure to repay a state or federally secured student loan in accordance with the |
|---|
| 259 | 259 | | 8.32provisions of the loan. |
|---|
| 260 | 260 | | 8Sec. 5. |
|---|
| 261 | 261 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 9.1 (z) Providing interstate telehealth services other than according to section 147.032. |
|---|
| 262 | 262 | | 9.2 (aa) Failure to post the mandatory informational document in the manner required by |
|---|
| 263 | 263 | | 9.3section 147.371. |
|---|
| 264 | 264 | | 9.4 Sec. 6. [147.142] REPORT ON COMPLAINTS. |
|---|
| 265 | 265 | | 9.5 (a) The board must collect and analyze data from all complaints filed against all |
|---|
| 266 | 266 | | 9.6physicians over which the board has jurisdiction, regardless of whether the complaint resulted |
|---|
| 267 | 267 | | 9.7in disciplinary action. |
|---|
| 268 | 268 | | 9.8 (b) Beginning January 1, 2028, and every two years thereafter, the board must provide |
|---|
| 269 | 269 | | 9.9a report on all complaints collected and analyzed under paragraph (a) to the legislative |
|---|
| 270 | 270 | | 9.10committees with jurisdiction over health finance and policy. The report must include but is |
|---|
| 271 | 271 | | 9.11not limited to the following information: |
|---|
| 272 | 272 | | 9.12 (1) the mean and median amount of time for resolution of complaints over the preceding |
|---|
| 273 | 273 | | 9.13two-year period; and |
|---|
| 274 | 274 | | 9.14 (2) recommendations for policies, procedures, and legislative action required to improve |
|---|
| 275 | 275 | | 9.15board complaint response time and accessibility for patients. |
|---|
| 276 | 276 | | 9.16 (c) The board must complete and present the report under this section in a manner that |
|---|
| 277 | 277 | | 9.17complies with all relevant laws relating to patient confidentiality. |
|---|
| 278 | 278 | | 9.18 Sec. 7. [147.143] LEGISLATIVE AUDITOR. |
|---|
| 279 | 279 | | 9.19 (a) Beginning January 1, 2028, and every four years thereafter, the legislative auditor |
|---|
| 280 | 280 | | 9.20must examine and audit all physician complaints filed with the board in the prior four years, |
|---|
| 281 | 281 | | 9.21regardless of whether the complaint resulted in disciplinary action. The board must pay the |
|---|
| 282 | 282 | | 9.22cost of the audit to the state and the cost must be credited to the general fund. |
|---|
| 283 | 283 | | 9.23 (b) The legislative auditor must complete and present the audit report under this section |
|---|
| 284 | 284 | | 9.24in a manner that complies with all relevant laws relating to patient confidentiality. |
|---|
| 285 | 285 | | 9.25 (c) The board must file copies of the audit report with the commissioner of health and |
|---|
| 286 | 286 | | 9.26the director of the Legislative Reference Library. The Legislative Reference Library must |
|---|
| 287 | 287 | | 9.27make the audit report accessible to the public. |
|---|
| 288 | 288 | | 9.28 (d) The legislative auditor must present the audit report to the chairs and ranking minority |
|---|
| 289 | 289 | | 9.29members of the legislative committees with jurisdiction over health finance and policy at |
|---|
| 290 | 290 | | 9.30a hearing within 60 days after the legislative auditor releases the audit report. |
|---|
| 291 | 291 | | 9Sec. 7. |
|---|
| 292 | 292 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC 10.1 Sec. 8. [147.371] INFORMATION PROVISION; PHYSICIAN HISTORY AND |
|---|
| 293 | 293 | | 10.2COMPLAINTS. |
|---|
| 294 | 294 | | 10.3 (a) All physicians must post an informational document provided by the board informing |
|---|
| 295 | 295 | | 10.4patients where and how a patient can access physician practice history and complaint process |
|---|
| 296 | 296 | | 10.5information. The informational document must include, at a minimum: |
|---|
| 297 | 297 | | 10.6 (1) a list of all types of physicians over which the board is responsible and hears |
|---|
| 298 | 298 | | 10.7complaints regarding; |
|---|
| 299 | 299 | | 10.8 (2) a mailing address specifically for board receipt of complaints; |
|---|
| 300 | 300 | | 10.9 (3) a telephone number that patients may call for assistance in filing a complaint; |
|---|
| 301 | 301 | | 10.10 (4) an email address specifically for board receipt of complaints; and |
|---|
| 302 | 302 | | 10.11 (5) a website address and quick response (QR) code directing patients to online access |
|---|
| 303 | 303 | | 10.12to physician practice history and additional information regarding the complaint process. |
|---|
| 304 | 304 | | 10.13 (b) Physicians must post the informational document required under paragraph (a) in a |
|---|
| 305 | 305 | | 10.14location visible to patients in every physician's office, examination room, hospital room, |
|---|
| 306 | 306 | | 10.15and other point of patient contact. |
|---|
| 307 | 307 | | 10.16 (c) The board must make the informational document required under this section available |
|---|
| 308 | 308 | | 10.17in English, Hmong, Spanish, Somali, Karen, and braille. The board must make the |
|---|
| 309 | 309 | | 10.18informational document available in any other language or any other format to accommodate |
|---|
| 310 | 310 | | 10.19a disability as requested by a physician or patient. |
|---|
| 311 | 311 | | 10.20 (d) The board must provide the informational document required under this section to |
|---|
| 312 | 312 | | 10.21all physicians free of cost. |
|---|
| 313 | 313 | | 10Sec. 8. |
|---|
| 314 | 314 | | 25-05462 as introduced04/14/25 REVISOR AGW/AC |
|---|