1.1.................... moves to amend H.F. No. 2223, the delete everything amendment
1.2(H2223DE1), as follows:
1.3Page 1, after line 2, insert:


1.6    Section 1. Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:
1.7    Subd. 7. Conviction of a felony-level criminal sexual conduct offense. (a) Except
1.8as provided in paragraph (e) (f), the board shall not grant or renew a license to practice
1.9chiropractic to any person who has been convicted on or after August 1, 2010, of any
1.10of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
1.11subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).
1.12(b) The board shall not grant or renew a license to practice chiropractic to any
1.13person who has been convicted in any other state or country on or after August 1, 2011,
1.14of an offense where the elements of the offense are substantially similar to any of the
1.15offenses listed in paragraph (a).
1.16(b) (c) A license to practice chiropractic is automatically revoked if the licensee is
1.17convicted of an offense listed in paragraph (a) of this section.
1.18(c) (d) A license to practice chiropractic that has been denied or revoked under this
1.19subdivision is not subject to chapter 364.
1.20(d) (e) For purposes of this subdivision, "conviction" means a plea of guilty, a
1.21verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays
1.22imposition or execution of the sentence and final disposition of the case is accomplished at
1.23a nonfelony level.
1.24(e) (f) The board may establish criteria whereby an individual convicted of an offense
1.25listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
2.1(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
2.2credentialing;
2.3(2) provide a standard for overcoming the presumption; and
2.4(3) require that a minimum of ten years has elapsed since the applicant was released
2.5from any incarceration or supervisory jurisdiction related to the offense.
2.6The board shall not consider an application under this paragraph if the board
2.7determines that the victim involved in the offense was a patient or a client of the applicant
2.8at the time of the offense.

2.9    Sec. 2. Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision
2.10to read:
2.11    Subd. 5. Health-related boards. No current member of a health-related licensing
2.12board may seek a paid employment position with that board.

2.13    Sec. 3. Minnesota Statutes 2010, section 214.103, is amended to read:
2.14214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
2.15INVESTIGATION, AND HEARING.
2.16    Subdivision 1. Application. For purposes of this section, "board" means
2.17"health-related licensing board" and does not include the non-health-related licensing
2.18boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as
2.19they apply to the health-related licensing boards.
2.20    Subd. 1a. Notifications and resolution. (a) No more than 14 calendar days after
2.21receiving a complaint regarding a licensee, the board shall notify the complainant that
2.22the board has received the complaint and shall provide the complainant with the written
2.23description of the board's complaint process. The board shall periodically, but no less
2.24than every 120 days, notify the complainant of the status of the complaint consistent
2.25with section 13.41.
2.26(b) Except as provided in paragraph (d), no more than 60 calendar days after
2.27receiving a complaint regarding a licensee, the board must notify the licensee that the
2.28board has received a complaint and inform the licensee of:
2.29(1) the substance of the complaint;
2.30(2) the sections of the law that have allegedly been violated;
2.31(3) the sections of the professional rules that have allegedly been violated; and
2.32(4) whether an investigation is being conducted.
2.33(c) The board shall periodically, but not less than every 120 days, notify the licensee
2.34of the status of the complaint consistent with section 13.41.
3.1(d) Paragraphs (b) and (c) do not apply if the board determines that such notice
3.2would compromise the board's investigation and that such notice cannot reasonably be
3.3accomplished within this time.
3.4(e) No more than one year after receiving a complaint regarding a licensee, the
3.5board must resolve or dismiss the complaint unless the board determines that resolving or
3.6dismissing the complaint cannot reasonably be accomplished in this time and is not in
3.7the public interest.
3.8(f) Failure to make notifications or to resolve the complaint within the time
3.9established in this subdivision shall not deprive the board of jurisdiction to complete the
3.10investigation or to take corrective, disciplinary, or other action against the licensee that is
3.11authorized by law. Such a failure by the board shall not be the basis for a licensee's request
3.12for the board to dismiss a complaint, and shall not be considered by an administrative law
3.13judge, the board, or any reviewing court.
3.14    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
3.15or other communications, whether oral or written, against regulated persons. Before
3.16resolving an oral complaint, the executive director or a board member designated by the
3.17board to review complaints may shall require the complainant to state the complaint in
3.18writing or authorize transcribing the complaint. The executive director or the designated
3.19board member shall determine whether the complaint alleges or implies a violation of
3.20a statute or rule which the board is empowered to enforce. The executive director or
3.21the designated board member may consult with the designee of the attorney general as
3.22to a board's jurisdiction over a complaint. If the executive director or the designated
3.23board member determines that it is necessary, the executive director may seek additional
3.24information to determine whether the complaint is jurisdictional or to clarify the nature
3.25of the allegations by obtaining records or other written material, obtaining a handwriting
3.26sample from the regulated person, clarifying the alleged facts with the complainant, and
3.27requesting a written response from the subject of the complaint.
3.28    Subd. 3. Referral to other agencies. The executive director shall forward to
3.29another governmental agency any complaints received by the board which do not relate
3.30to the board's jurisdiction but which relate to matters within the jurisdiction of another
3.31governmental agency. The agency shall advise the executive director of the disposition
3.32of the complaint. A complaint or other information received by another governmental
3.33agency relating to a statute or rule which a board is empowered to enforce must be
3.34forwarded to the executive director of the board to be processed in accordance with this
3.35section. Governmental agencies may coordinate and conduct joint investigations of
3.36complaints that involve more than one governmental agency.
4.1    Subd. 4. Role of the attorney general. The executive director or the designated
4.2board member shall forward a complaint and any additional information to the designee
4.3of the attorney general when the executive director or the designated board member
4.4determines that a complaint is jurisdictional and:
4.5(1) requires investigation before the executive director or the designated board
4.6member may resolve the complaint;
4.7(2) that attempts at resolution for disciplinary action or the initiation of a contested
4.8case hearing is appropriate;
4.9(3) that an agreement for corrective action is warranted; or
4.10(4) that the complaint should be dismissed, consistent with subdivision 8.
4.11    Subd. 5. Investigation by attorney general. (a) If the executive director or the
4.12designated board member determines that investigation is necessary before resolving
4.13the complaint, the executive director shall forward the complaint and any additional
4.14information to the designee of the attorney general. The designee of the attorney general
4.15shall evaluate the communications forwarded and investigate as appropriate.
4.16(b) The designee of the attorney general may also investigate any other complaint
4.17forwarded under subdivision 3 when the designee of the attorney general determines that
4.18investigation is necessary.
4.19(c) In the process of evaluation and investigation, the designee shall consult with
4.20or seek the assistance of the executive director or the designated board member. The
4.21designee may also consult with or seek the assistance of other qualified persons who are
4.22not members of the board who the designee believes will materially aid in the process of
4.23evaluation or investigation.
4.24(d) Upon completion of the investigation, the designee shall forward the investigative
4.25report to the executive director with recommendations for further consideration or
4.26dismissal.
4.27    Subd. 6. Attempts at resolution. (a) At any time after receipt of a complaint, the
4.28executive director or the designated board member may attempt to resolve the complaint
4.29with the regulated person. The available means for resolution include a conference or
4.30any other written or oral communication with the regulated person. A conference may
4.31be held for the purposes of investigation, negotiation, education, or conciliation. Neither
4.32the executive director nor any member of a board's staff shall be a voting member in any
4.33attempts at resolutions which may result in disciplinary or corrective action. The results
4.34of attempts at resolution with the regulated person may include a recommendation to
4.35the board for disciplinary action, an agreement between the executive director or the
4.36designated board member and the regulated person for corrective action, or the dismissal
5.1of a complaint. If attempts at resolution are not in the public interest or are not satisfactory
5.2to the executive director or the designated board member, then the executive director or
5.3the designated board member may initiate a contested case hearing may be initiated.
5.4(1) The designee of the attorney general shall represent the board in all attempts at
5.5resolution which the executive director or the designated board member anticipate may
5.6result in disciplinary action. A stipulation between the executive director or the designated
5.7board member and the regulated person shall be presented to the board for the board's
5.8consideration. An approved stipulation and resulting order shall become public data.
5.9(2) The designee of the attorney general shall represent the board upon the request of
5.10the executive director or the designated board member in all attempts at resolution which
5.11the executive director or the designated board member anticipate may result in corrective
5.12action. Any agreement between the executive director or the designated board member
5.13and the regulated person for corrective action shall be in writing and shall be reviewed by
5.14the designee of the attorney general prior to its execution. The agreement for corrective
5.15action shall provide for dismissal of the complaint upon successful completion by the
5.16regulated person of the corrective action.
5.17(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
5.18client, the board must forward the complaint to the designee of the attorney general for
5.19an investigation. If, after it is investigated, the complaint appears to provide a basis for
5.20disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
5.21a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
5.22corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
5.23client unless, in the opinion of the executive director, the designated board member, and the
5.24designee of the attorney general, there is insufficient evidence to justify disciplinary action.
5.25    Subd. 7. Contested case hearing. If the executive director or the designated board
5.26member determines that attempts at resolution of a complaint are not in the public interest
5.27or are not satisfactory to the executive director or the designated board member, the
5.28executive director or the designated board member, after consultation with the designee
5.29of the attorney general, and the concurrence of a second board member, may initiate a
5.30contested case hearing under chapter 14. The designated board member or any board
5.31member who was consulted during the course of an investigation may participate at the
5.32contested case hearing. A designated or consulted board member may not deliberate or
5.33vote in any proceeding before the board pertaining to the case.
5.34    Subd. 8. Dismissal and reopening of a complaint. (a) A complaint may not be
5.35dismissed without the concurrence of at least two board members and, upon the request
5.36of the complainant, a review by a representative of the attorney general's office. The
6.1designee of the attorney general must review before dismissal any complaints which
6.2allege any violation of chapter 609, any conduct which would be required to be reported
6.3under section 626.556 or 626.557, any sexual contact or sexual conduct with a client,
6.4any violation of a federal law, any actual or potential inability to practice the regulated
6.5profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
6.6materials, or as a result of any mental or physical condition, any violation of state medical
6.7assistance laws, or any disciplinary action related to credentialing in another jurisdiction
6.8or country which was based on the same or related conduct specified in this subdivision.
6.9(b) The board may reopen a dismissed complaint if the board receives newly
6.10discovered information that was not available to the board during the initial investigation
6.11of the complaint, or if the board receives a new complaint that indicates a pattern of
6.12behavior or conduct.
6.13    Subd. 9. Information to complainant. A board shall furnish to a person who made
6.14a complaint a written description of the board's complaint process, and actions of the
6.15board relating to the complaint.
6.16    Subd. 10. Prohibited participation by board member. A board member who
6.17has actual bias or a current or former direct financial or professional connection with a
6.18regulated person may not vote in board actions relating to the regulated person.

6.19    Sec. 4. [214.1071] CONVICTION OF A FELONY-LEVEL CRIMINAL SEXUAL
6.20CONDUCT OFFENSE.
6.21    Subdivision 1. Applicability. This section applies to the health-related licensing
6.22boards, as defined in section 214.01, subdivision 2, except the Board of Medical Practice
6.23and the Board of Chiropractic Examiners, and also applies to the Board of Barber
6.24Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
6.25Minnesota Department of Health: (1) speech-language pathologists and audiologists; (2)
6.26hearing instrument dispensers; and (3) occupational therapists and occupational therapy
6.27assistants.
6.28    Subd. 2. Issuing and renewing a credential to practice. (a) Except as provided in
6.29paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a
6.30credential to practice to any person who has been convicted on or after August 1, 2012, of
6.31any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
6.32subdivision 1, paragraphs (c) to (o); or 609.345, subdivision 1, paragraphs (b) to (o).
6.33(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
6.34credential to practice to any person who has been convicted in any other state or country on
7.1or after August 1, 2012, of an offense where the elements of the offense are substantially
7.2similar to any of the offenses listed in paragraph (a).
7.3(c) A credential to practice is automatically revoked if the credentialed person is
7.4convicted of an offense listed in paragraph (a).
7.5(d) A credential to practice that has been denied or revoked under this section is
7.6not subject to chapter 364.
7.7(e) For purposes of this section, "conviction" means a plea of guilty, a verdict of
7.8guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
7.9execution of the sentence and final disposition of the case is accomplished at a nonfelony
7.10level.
7.11(f) A credentialing authority listed in subdivision 1 may establish criteria whereby
7.12an individual convicted of an offense listed in paragraph (a) of this subdivision may
7.13become credentialed provided that the criteria:
7.14(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
7.15(2) provide a standard for overcoming the presumption; and
7.16(3) require that a minimum of ten years has elapsed since the applicant was released
7.17from any incarceration or supervisory jurisdiction related to the offense.
7.18A credentialing authority listed in subdivision 1 shall not consider an application under
7.19this paragraph if the board determines that the victim involved in the offense was a patient
7.20or a client of the applicant at the time of the offense.
7.21EFFECTIVE DATE.This section is effective for credentials issued or renewed on
7.22or after August 1, 2012.

7.23    Sec. 5. [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE
7.24GUIDANCE.
7.25A health-related licensing board may offer guidance to current licensees about the
7.26application of laws and rules the board is empowered to enforce. This guidance shall not
7.27bind any court or other adjudicatory body.

7.28    Sec. 6. [214.109] RECORD KEEPING.
7.29(a) A board may take administrative action against a regulated person whose records
7.30do not meet the standards of professional practice. Records that are fraudulent or could
7.31result in patient harm may be handled through disciplinary or other corrective action.
7.32(b) For the first offense, a board shall issue a warning to the regulated person that
7.33identifies the specific record-keeping deficiencies. The board may require the regulated
7.34person to attend a remedial class.
8.1(c) For a second offense, a board shall require additional training as determined by
8.2the board and impose a $50 penalty on the regulated person.
8.3(d) For a third offense, a board shall require additional training as determined by the
8.4board and impose a $100 penalty on the regulated person.
8.5(e) Action under this section shall not be considered disciplinary action.

8.6    Sec. 7. Minnesota Statutes 2010, section 364.09, is amended to read:
8.7364.09 EXCEPTIONS.
8.8(a) This chapter does not apply to the licensing process for peace officers; to law
8.9enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
8.10protection agencies; to eligibility for a private detective or protective agent license; to the
8.11licensing and background study process under chapters 245A and 245C; to eligibility
8.12for school bus driver endorsements; to eligibility for special transportation service
8.13endorsements; to eligibility for a commercial driver training instructor license, which is
8.14governed by section 171.35 and rules adopted under that section; to emergency medical
8.15services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
8.16applicant for the license has been discharged from sentence for a conviction within the ten
8.17years immediately preceding application of a violation of any of the following:
8.18(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
8.19subdivision 2 or 3 ;
8.20(2) any provision of chapter 152 that is punishable by a maximum sentence of
8.2115 years or more; or
8.22(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
8.23the scene of an accident, or reckless or careless driving.
8.24This chapter also shall not apply to eligibility for juvenile corrections employment, where
8.25the offense involved child physical or sexual abuse or criminal sexual conduct.
8.26(b) This chapter does not apply to a school district or to eligibility for a license
8.27issued or renewed by the Board of Teaching or the commissioner of education.
8.28(c) Nothing in this section precludes the Minnesota Police and Peace Officers
8.29Training Board or the state fire marshal from recommending policies set forth in this
8.30chapter to the attorney general for adoption in the attorney general's discretion to apply to
8.31law enforcement or fire protection agencies.
8.32(d) This chapter does not apply to a license to practice medicine that has been denied
8.33or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
9.1(e) This chapter does not apply to any person who has been denied a license to
9.2practice chiropractic or whose license to practice chiropractic has been revoked by the
9.3board in accordance with section 148.10, subdivision 7.
9.4(f) This chapter does not apply to any person who has been denied a credential to
9.5practice or whose credential to practice has been revoked by a credentialing authority in
9.6accordance with section 214.1071, subdivision 2.
9.7EFFECTIVE DATE.This section is effective for credentials issued or renewed on
9.8or after August 1, 2012.

9.9    Sec. 8. Laws 2010, chapter 349, section 1, the effective date, is amended to read:
9.10EFFECTIVE DATE.This section is effective for new licenses issued or renewed
9.11on or after August 1, 2010.

9.12    Sec. 9. REPORT.
9.13(a) The executive directors of the health-related licensing boards shall issue a report
9.14to the legislature with recommendations for use of nondisciplinary cease and desist letters
9.15which can be issued to licensees when the board receives an allegation against a licensee,
9.16but the allegation does not rise to the level of a complaint, does not involve patient harm,
9.17and does not involve fraud. This report shall be issued no later than December 15, 2012.
9.18    (b) The executive directors of the health-related licensing boards shall issue a report
9.19to the legislature with recommendations for taking administrative action against licensees
9.20whose records do not meet the standards of professional practice, but do not create a risk
9.21of client harm or constitute false or fraudulent information. The report shall be issued
9.22no later than December 15, 2011.

9.23    Sec. 10. REVISOR'S INSTRUCTION.
9.24In each practice act regulated by a credentialing authority listed in Minnesota
9.25Statutes, section 214.1071, the revisor shall insert the following as either a new section
9.26or new subdivision:
9.27Applicants for a credential to practice and individuals renewing a credential to
9.28practice are subject to the provisions of the conviction of felony-level criminal sexual
9.29conduct offenses in section 214.1071."
9.30Renumber the sections in sequence and correct the internal references
9.31Amend the title accordingly