1.1.................... moves to amend H.F. No. 1898, the delete everything amendment
1.2(H1898DE2), as follows:
1.3Page 1, after line 2, insert:

1.4    "Section 1. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
1.5CONDUCT OFFENSE.
1.6    Subdivision 1. Applicability. This section applies to the health-related licensing
1.7boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
1.8and the Board of Chiropractic Examiners, and also applies to the Board of Barber
1.9Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
1.10Minnesota Department of Health, including:
1.11(1) speech-language pathologists and audiologists;
1.12(2) hearing instrument dispensers; and
1.13(3) occupational therapists and occupational therapy assistants.
1.14    Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
1.15paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a
1.16credential to practice to any person who has been convicted on or after August 1, 2014, of
1.17any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
1.18subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
1.19(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
1.20credential to practice to any person who has been convicted in any other state or country on
1.21or after August 1, 2011, of an offense where the elements of the offense are substantially
1.22similar to any of the offenses listed in paragraph (a).
1.23(c) A credential to practice is automatically revoked if the credentialed person is
1.24convicted of an offense listed in paragraph (a).
1.25(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
1.26by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
1.27of the sentence and final disposition of the case is accomplished at a nonfelony level.
2.1(e) A credentialing authority listed in subdivision 1 may establish criteria whereby
2.2an individual convicted of an offense listed in paragraph (a) may become credentialed
2.3provided that the criteria:
2.4(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
2.5(2) provide a standard for overcoming the presumption; and
2.6(3) require that a minimum of ten years has elapsed since the applicant was released
2.7from any incarceration or supervisory jurisdiction related to the offense.
2.8A credentialing authority listed in subdivision 1 shall not consider an application under
2.9this paragraph if the board determines that the victim involved in the offense was a patient
2.10or a client of the applicant at the time of the offense.
2.11EFFECTIVE DATE.This section is effective for credentials issued or renewed on
2.12or after August 1, 2014.

2.13    Sec. 2. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
2.14    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
2.15or other communications, whether oral or written, against regulated persons. Before
2.16resolving an oral complaint, the executive director or a board member designated by the
2.17board to review complaints shall require the complainant to state the complaint in writing
2.18or authorize transcribing the complaint. The executive director or the designated board
2.19member shall determine whether the complaint alleges or implies a violation of a statute
2.20or rule which the board is empowered to enforce. The executive director or the designated
2.21board member may consult with the designee of the attorney general as to a board's
2.22jurisdiction over a complaint. If the executive director or the designated board member
2.23determines that it is necessary, the executive director may seek additional information to
2.24determine whether the complaint is jurisdictional or to clarify the nature of the allegations
2.25by obtaining records or other written material, obtaining a handwriting sample from the
2.26regulated person, clarifying the alleged facts with the complainant, and requesting a written
2.27response from the subject of the complaint. The executive director may authorize a field
2.28investigation to clarify the nature of the allegations and the facts that led to the complaint.

2.29    Sec. 3. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
2.30    Subd. 3. Referral to other agencies. The executive director shall forward to
2.31another governmental agency any complaints received by the board which do not relate
2.32to the board's jurisdiction but which relate to matters within the jurisdiction of another
2.33governmental agency. The agency shall advise the executive director of the disposition
2.34of the complaint. A complaint or other information received by another governmental
3.1agency relating to a statute or rule which a board is empowered to enforce must be
3.2forwarded to the executive director of the board to be processed in accordance with this
3.3section. Governmental agencies may shall coordinate and conduct joint investigations of
3.4complaints that involve more than one governmental agency.

3.5    Sec. 4. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
3.6to read:
3.7    Subd. 5. Health professional services program. The health-related licensing
3.8boards shall include information regarding the health professional services program on
3.9their Web sites."
3.10Renumber the sections in sequence and correct the internal references
3.11Amend the title accordingly