piers109uk/MN-Statutes huggingface dataset:
148F.095 ADDITIONAL REMEDIES.
(a) The board may issue a cease and desist order to stop a person from violating or threatening to violate a statute, rule, or order which the board has issued or has authority to enforce. The cease and desist order must state the reason for its issuance and give notice of the person's right to request a hearing under sections 14.57 to 14.62. If, within 15 days of service of the order, the subject of the order fails to request a hearing in writing, the order is the final order of the board and is not reviewable by a court or agency.
(b) A hearing must be initiated by the board not later than 30 days from the date of the board's receipt of a written hearing request. Within 30 days of receipt of the administrative law judge's report, and any written agreement or exceptions filed by the parties, the board shall issue a final order modifying, vacating, or making permanent the cease and desist order as the facts require. The final order remains in effect until modified or vacated by the board.
(c) When a request for a stay accompanies a timely hearing request, the board may, in the board's discretion, grant the stay. If the board does not grant a requested stay, the board shall refer the request to the Office of Administrative Hearings within three working days of receipt of the request. Within ten days after receiving the request from the board, an administrative law judge shall issue a recommendation to grant or deny the stay. The board shall grant or deny the stay within five working days of receiving the administrative law judge's recommendation.
(d) In the event of noncompliance with a cease and desist order, the board may institute a proceeding in district court to obtain injunctive relief or other appropriate relief, including a civil penalty payable to the board, not to exceed $10,000 for each separate violation.
In addition to any other remedy provided by law, including the issuance of a cease and desist order under subdivision 1, the board may in the board's own name bring an action in district court for injunctive relief to restrain an alcohol and drug counselor from a violation or threatened violation of any statute, rule, or order which the board has authority to administer, enforce, or issue.
The issuance of a cease and desist order or injunctive relief granted under this section does not relieve a counselor from criminal prosecution by a competent authority or from disciplinary action by the board.
149A.03 DUTIES OF COMMISSIONER.
The commissioner shall:
(1) enforce all laws and adopt and enforce rules relating to the:
(i) removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies;
(ii) licensure, registration, and professional conduct of funeral directors, morticians, interns, practicum students, clinical students, and transfer care specialists;
(iii) licensing and operation of a funeral establishment;
(iv) licensing and operation of an alkaline hydrolysis facility;
(v) licensing and operation of a crematory; and
(vi) effective July 1, 2025, licensing and operation of a natural organic reduction facility;
(2) provide copies of the requirements for licensure, registration, and permits to all applicants;
(3) administer examinations and issue licenses, registrations, and permits to qualified persons and other legal entities;
(4) maintain a record of the name and location of all current licensees, interns, and transfer care specialists;
(5) perform periodic compliance reviews and premise inspections of licensees;
(6) accept and investigate complaints relating to conduct governed by this chapter;
(7) maintain a record of all current preneed arrangement trust accounts;
(8) maintain a schedule of application, examination, permit, registration, and licensure fees, initial and renewal, sufficient to cover all necessary operating expenses;
(9) educate the public about the existence and content of the laws and rules for mortuary science licensing and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies to enable consumers to file complaints against licensees and others who may have violated those laws or rules;
(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science in order to refine the standards for licensing and to improve the regulatory and enforcement methods used; and
(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the laws, rules, or procedures governing the practice of mortuary science and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies.
151.05 ELECTION OF OFFICERS.
The board shall annually elect one of its members as president and one of its members as vice-president, and a pharmacist, who may or may not be a member, as secretary.
148F.10 COOPERATION.
An alcohol and drug counselor who is the subject of an investigation, or who is questioned in connection with an investigation, by or on behalf of the board, shall cooperate fully with the investigation. Cooperation includes responding fully to any question raised by or on behalf of the board relating to the subject of the investigation, whether tape recorded or not. Challenges to requests of the board may be brought before the appropriate agency or court.
148B.382 IMMUNITY.
Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report under section 148B.381 or for otherwise reporting violations or alleged violations of sections 148B.29 to 148B.392. The reports are classified under section 13.41.
Members of the board and persons employed by the board or engaged in the investigation of violations and in the preparation and management of charges of violations of sections 148B.29 to 148B.392 on behalf of the board are immune from civil liability and criminal prosecution for any actions, transactions, or publications in the execution of, or relating to, their duties under sections 148B.29 to 148B.392.
148E.175 FEES.
The fees specified in section 148E.180 are nonrefundable and must be deposited in the state government special revenue fund.
148E.180 FEE AMOUNTS.
Nonrefundable application fees for licensure may not exceed the following amounts but may be adjusted lower by board action:
(1) for a licensed social worker, $75;
(2) for a licensed graduate social worker, $75;
(3) for a licensed independent social worker, $75;
(4) for a licensed independent clinical social worker, $75;
(5) for a temporary license, $50; and
(6) for a license by endorsement, $115.
The fee for criminal background checks is the fee charged by the Bureau of Criminal Apprehension. The criminal background check fee must be included with the application fee as required according to section 148E.055.
Nonrefundable license fees may not exceed the following amounts but may be adjusted lower by board action:
(1) for a licensed social worker, $115;
(2) for a licensed graduate social worker, $210;
(3) for a licensed independent social worker, $305;
(4) for a licensed independent clinical social worker, $335;
(5) for an emeritus inactive license, $65;
(6) for an emeritus active license, one-half of the renewal fee specified in subdivision 3; and
(7) for a temporary leave fee, the same as the renewal fee specified in subdivision 3.
If the licensee's initial license term is less or more than 24 months, the required license fees must be prorated proportionately.
Nonrefundable renewal fees for licensure may not exceed the following amounts but may be adjusted lower by board action:
(1) for a licensed social worker, $115;
(2) for a licensed graduate social worker, $210;
(3) for a licensed independent social worker, $305; and
(4) for a licensed independent clinical social worker, $335.
Continuing education provider fees are the following nonrefundable amounts:
(1) for a provider who offers programs totaling one to eight clock hours in a one-year period according to section 148E.145, $50;
(2) for a provider who offers programs totaling nine to 16 clock hours in a one-year period according to section 148E.145, $100;
(3) for a provider who offers programs totaling 17 to 32 clock hours in a one-year period according to section 148E.145, $200;
(4) for a provider who offers programs totaling 33 to 48 clock hours in a one-year period according to section 148E.145, $400; and
(5) for a provider who offers programs totaling 49 or more clock hours in a one-year period according to section 148E.145, $600.
Late fees are the following nonrefundable amounts:
(1) renewal late fee, one-fourth of the renewal fee specified in subdivision 3;
(2) supervision plan late fee, $40; and
(3) license late fee, $100 plus the prorated share of the license fee specified in subdivision 2 for the number of months during which the individual practiced social work without a license.
(a) The nonrefundable fee for a license card as specified in section 148E.095 is $10.
(b) The nonrefundable fee for a license wall certificate as specified in section 148E.095 is $30.
Reactivation fees are the following nonrefundable amounts:
(1) reactivation from a temporary leave or emeritus status, the prorated share of the renewal fee specified in subdivision 3; and
(2) reactivation of an expired license, 1-1/2 times the renewal fees specified in subdivision 3.
148B.385 DISCIPLINARY RECORD ON JUDICIARY REVIEW.
Upon judicial review of any board disciplinary or adverse action taken under sections 148B.29 to 148B.392, the reviewing court shall seal the administrative record, except for the board's final decision, and shall not make the administrative record available to the public.
150A.055 ADMINISTRATION OF VACCINES.
A person licensed to practice dentistry under sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating in the administration of an influenza or COVID-19 vaccine. The authority under this section to administer COVID-19 vaccines expires June 1, 2022.
(a) The vaccine shall be administered only to eligible patients 16 years of age and older and only by licensed dentists who:
(1) have immediate access to emergency response equipment, including but not limited to oxygen administration equipment, epinephrine, and other allergic reaction response equipment; and
(2) are trained in or have successfully completed an educational program on vaccine administration that is approved by the Minnesota Board of Dentistry, specifically for the administration of vaccines. The training or program must include:
(i) educational material on the disease and vaccination as prevention of the disease;
(ii) contraindications and precautions;
(iii) intramuscular administration;
(iv) communication of risk and benefits of vaccination and legal requirements involved;
(v) reporting of adverse events;
(vi) documentation required by federal law; and
(vii) storage and handling of vaccines.
(b) Any dentist giving vaccinations under this section shall comply with guidelines established by the federal Advisory Committee on Immunization Practices relating to vaccines and immunizations, which includes, but is not limited to, vaccine storage and handling, vaccine administration and documentation, and vaccine contraindications and precautions.
After a dentist qualified under subdivision 2 has administered a vaccine to a patient, the dentist shall report the administration of the vaccine to the Minnesota Immunization Information Connection.
149A.05 CORRECTION ORDERS.
The regulatory agency may issue correction orders that require a person subject to regulation under this chapter to correct violations of this chapter or rules, orders, stipulation agreements, settlements, compliance agreements, licenses, and permits adopted or issued by the regulatory agency.
The correction order must include:
(1) a concise statement of the deficiencies alleged to constitute the violation;
(2) a reference to the section of law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit that has been violated;
(3) a statement of the time by and the manner in which the violation must be corrected; and
(4) a statement of the right to request a hearing under sections 14.57 to 14.62.
A request for hearing must be in writing, delivered to the regulatory agency by certified mail within 20 calendar days after the receipt of the correction order, and specifically state the reasons for seeking review of the order. The regulatory agency must initiate a hearing within 30 calendar days from the date of receipt of the written request for hearing. The hearing shall be conducted pursuant to the contested case procedures in sections 14.57 to 14.62. No earlier than ten calendar days after and within 30 calendar days of receipt of the presiding administrative law judge's report, the regulatory agency shall issue a final order modifying, vacating, or making permanent the correction order as the facts require. If, within 20 calendar days of receipt of the correction order, the person that is the subject of the order fails to request a hearing in writing, the correction order becomes the final order of the regulatory agency.
A judicial review of the final order issued by the regulatory agency subsequent to a contested case hearing may be requested in the manner prescribed in sections 14.63 to 14.69. Failure to request a contested case hearing pursuant to subdivision 3 shall constitute a waiver of the right to further agency or judicial review of the final order.
If upon reinspection, or in the determination of the regulatory agency, it is found that any deficiency specified in a correction order has not been corrected by the person that is subject to the correction order, that person or entity is in noncompliance. The regulatory agency shall issue a notice of noncompliance and may impose any additional remedy available under this chapter.
148F.105 PROHIBITED PRACTICE OR USE OF TITLES; PENALTY.
No person shall engage in alcohol and drug counseling without first being licensed under this chapter as an alcohol and drug counselor. For purposes of this chapter, an individual engages in the practice of alcohol and drug counseling if the individual performs or offers to perform alcohol and drug counseling services as defined in section 148F.01, subdivision 18, or if the individual is held out as able to perform those services.
(a) No individual shall present himself or herself or any other individual to the public by any title incorporating the words "licensed alcohol and drug counselor," "alcohol and drug counselor," or otherwise hold himself or herself out to the public by any title or description stating or implying that they are licensed or otherwise qualified to practice alcohol and drug counseling, unless that individual holds a valid license.
(b) An individual issued a temporary permit must use titles consistent with section 148F.035, paragraph (c), clause (3).
(c) An individual who is participating in an alcohol and drug counseling practicum for purposes of licensure by the board may be designated an alcohol and drug counselor intern.
(d) Individuals who are trained in alcohol and drug counseling and employed by an educational institution recognized by a regional accrediting organization, by a federal, state, county, or local government institution, by agencies, or research facilities, may represent themselves by the titles designated by that organization provided the title does not indicate the individual is licensed by the board.
A person who violates sections 148F.001 to 148F.205 is guilty of a misdemeanor.
148E.185 PURPOSE OF COMPLIANCE LAWS.
The purpose of sections 148E.185 to 148E.290 is to protect the public by ensuring that all persons licensed as social workers meet minimum standards of practice. The board shall promptly and fairly investigate and resolve all complaints alleging violations of statutes and rules that the board is empowered to enforce and (1) take appropriate disciplinary action, adversarial action, or other action justified by the facts, or (2) enter into corrective action agreements or stipulations to cease practice, when doing so is consistent with the board's obligation to protect the public.
151.061 UNFAIR PRICE DISCRIMINATION.
Any person doing business in this state and engaged in the distribution (other than at retail) of any prescription drugs, who shall discriminate between purchasers by selling prescription drugs at a lower price or rate to one purchaser or association of purchasers than offered to another purchaser or association of purchasers within this state (other than at retail) after making allowance for the difference, if any, in the grade, quality, or quantity, and after equalizing the distance from the point of distribution and freight costs therefrom, shall be guilty of unfair discrimination. Unfair discrimination occurs when quantity discounts are not reasonably based on actual cost savings to all like purchasers. Unfair discrimination shall embrace any scheme of special rebates, collateral contracts, or any device of any nature which in substance violates the provisions of this subdivision. Nothing in this subdivision shall apply to purchases for their own use by schools, colleges, universities, public libraries, churches, hospitals or charitable institutions not operated for profit.
Any person injured by unfair discrimination as defined in subdivision 1 may bring a civil action and recover damages, together with costs and disbursements, including reasonable attorney's fees, and receive other equitable relief as determined by the court. The remedies provided by this section are cumulative and shall not be construed as restricting any remedy which is otherwise available.
148B.39 PRIVILEGED COMMUNICATIONS; EXCEPTIONS.
A person licensed under sections 148B.29 to 148B.392 and employees and professional associates of the person cannot be required to disclose any information that the person, employee, or associate may have acquired in rendering marriage and family therapy services, unless:
(1) disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee, or associate is a party defendant to a civil, criminal, or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; and
(5) a patient agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marital and family therapist cannot disclose information received by a family member.
148E.190 GROUNDS FOR ACTION.
The grounds for action in subdivisions 2 to 4 and the standards of practice requirements in sections 148E.195 to 148E.240 apply to all licensees and applicants.
The board has grounds to take action according to sections 148E.255 to 148E.270 when a social worker violates:
(1) a statute or rule enforced by the board, including this section and sections 148E.195 to 148E.240;
(2) a federal or state law or rule related to the practice of social work; or
(3) an order, stipulation, or agreement agreed to or issued by the board.
A violation of the requirements specified in this section and sections 148E.195 to 148E.240 is grounds for the board to take action under sections 148E.255 to 148E.270. The board's jurisdiction to exercise the powers provided in this section extends to an applicant or licensee's conduct that occurred before licensure if the conduct:
(1) did not meet the minimum accepted and prevailing standards of professional social work practice at the time the conduct occurred; or
(2) adversely affects the applicant or licensee's present ability to practice social work in conformity with the requirements of sections 148E.195 to 148E.240.
The board has grounds to take action according to sections 148E.255 to 148E.270 when a social worker:
(1) practices outside the scope of practice authorized by section 148E.050;
(2) engages in the practice of social work without a social work license under section 148E.055 or 148E.060, except when the social worker is exempt from licensure under section 148E.065;
(3) provides social work services to a client who receives social work services in this state, and is not licensed under section 148E.055 or 148E.060, except when the social worker is exempt from licensure under section 148E.065.
148B.391 DUTY TO WARN.
(a) The definitions in this subdivision apply to this section.
(b) "Other person" means an immediate family member or someone who personally knows the client and has reason to believe the client is capable of and will carry out the serious, specific threat of harm to a specific, clearly identified or identifiable victim.
(c) "Reasonable efforts" means communicating the serious, specific threat to the potential victim and if unable to make contact with the potential victim, communicating the serious, specific threat to the law enforcement agency closest to the potential victim or the client.
(d) For purposes of this section, "licensee" includes students or interns practicing marriage and family therapy under qualified supervision as part of an accredited educational program or under a supervised postgraduate experience in marriage and family therapy required for licensure.
The duty to predict, warn of, or take reasonable precautions to provide protection from, violent behavior arises only when a client or other person has communicated to the licensee a specific, serious threat of physical violence against a specific, clearly identified or identifiable potential victim. If a duty to warn arises, the duty is discharged by the licensee if reasonable efforts are made to communicate the threat.
If no duty to warn exists under subdivision 2, then no monetary liability and no cause of action may arise against a licensee for failure to predict, warn of, or take reasonable precautions to provide protection from, a client's violent behavior.
Good faith compliance with the duty to warn shall not constitute a breach of confidence and shall not result in monetary liability or cause of action against the licensee.
Nothing in subdivision 2 shall be construed to authorize a licensee to terminate treatment of a client as a direct result of a client's violent behavior or threat of physical violence unless the client is referred to another practitioner or appropriate health care facility.
This section does not apply to a threat to commit suicide or other threats by a client to harm the client, or to a threat by a client who is adjudicated mentally ill and dangerous under chapter 253B.
Nothing in this section shall be construed to prohibit a licensee from disclosing confidences to third parties in a good faith effort to warn against or take precautions against a client's violent behavior or threat to commit suicide for which a duty to warn does not arise.
No monetary liability and no cause of action, or disciplinary action by the board may arise against a licensee for disclosure of confidences to third parties, for failure to disclose confidences to third parties, or for erroneous disclosure of confidences to third parties in a good faith effort to warn against or take precautions against a client's violent behavior or threat of suicide for which a duty to warn does not arise.
148F.115 FEES.
The application fee is $295.
The license renewal fee is $295. If the board establishes a renewal schedule, and the scheduled renewal date is less than two years, the fee may be prorated.
Temporary permit fees are as follows:
(1) initial application fee is $100; and
(2) annual renewal fee is $150. If the initial term is less or more than one year, the fee may be prorated.
The inactive license renewal fee is $150.
Late fees are as follows:
(1) biennial renewal late fee is $74;
(2) inactive license renewal late fee is $37; and
(3) annual temporary permit late fee is $37.
The fee for renewal of a license that has been expired for less than two years is the total of the biennial renewal fee in effect at the time of late renewal and the late fee.
The fee for license verification is $25.
Notwithstanding section 16A.1285, subdivision 2, a surcharge of $99 shall be paid at the time of initial application for or renewal of an alcohol and drug counselor license until June 30, 2013.
The fee for a sponsor application for approval of a continuing education course is $60.
The fee for a copy of a board order or stipulation is $10.
The fee for a duplicate certificate is $25.
The fee for licensure supervisor application processing is $30.
All fees in this section are nonrefundable.
149A.07 INJUNCTIVE RELIEF.
In addition to any other remedy provided by law, the regulatory agency may bring an action for injunctive relief in any district court in any district in Minnesota to restrain any person from violation or threatened violation of any law, rule, order, stipulation agreement, settlement, compliance agreement, license, or permit which the regulatory agency is empowered to enforce, regulate, or issue.
148B.392 FEES.
The board's fees, including late fees, for licenses and renewals are established so that the total fees collected by the board will as closely as possible equal anticipated expenditures during the fiscal biennium, as provided in section 16A.1285. Fees must be deposited in the state government special revenue fund.
Licensure and application fees established by the board shall not exceed the following amounts:
(1) application fee for national examination is $150;
(2) application fee for Licensed Marriage and Family Therapist (LMFT) license is $150;
(3) initial LMFT license fee is prorated, but cannot exceed $225;
(4) annual renewal fee for LMFT license is $225;
(5) late fee for LMFT license renewal is $100;
(6) application fee for LMFT licensure by reciprocity is $300;
(7) application fee for Licensed Associate Marriage and Family Therapist (LAMFT) license is $100;
(8) annual renewal fee for LAMFT license is $100;
(9) late fee for LAMFT license renewal is $50;
(10) fee for reinstatement of LMFT or LAMFT license is $150;
(11) fee for LMFT emeritus license status is $225;
(12) fee for temporary license for members of the military is $100; and
(13) fee for LMFT guest license is $150.
Other fees charged by the board are as follows:
(1) sponsor application fee for approval of a continuing education course is $60;
(2) fee for license verification by mail is $10;
(3) duplicate license fee is $25;
(4) duplicate renewal card fee is $10;
(5) fee for licensee mailing list is $60;
(6) fee for a rule book is $10; and
(7) fees as authorized by section 148B.37, subdivision 1, paragraph (b), clause (7).
All fees in this section are nonrefundable.
148F.12 CONDUCT.
Sections 148F.12 to 148F.205 apply to the conduct of all alcohol and drug counselors, licensees, and applicants, including conduct during the period of education, training, and employment that is required for licensure.
Sections 148F.12 to 148F.205 constitute the standards by which the professional conduct of alcohol and drug counselors is measured.
A violation of sections 148F.12 to 148F.205 is unprofessional conduct and constitutes grounds for disciplinary action, corrective action, or denial of licensure.
If the organizational policies at the provider's work setting conflict with any provision in sections 148F.12 to 148F.205, the provider shall discuss the nature of the conflict with the employer, make known the requirement to comply with these sections of law, and attempt to resolve the conflict in a manner that does not violate the law.
148E.200 COMPETENCE.
(a) A social worker must provide services and hold out as competent only to the extent the social worker's education, training, license, consultation received, supervision experience, or other relevant professional experience demonstrate competence in the services provided. A social worker must make a referral to a competent professional when the services required are beyond the social worker's competence or authorized scope of practice.
(b) When generally recognized standards do not exist with respect to an emerging area of practice, including but not limited to providing social work services through electronic means, a social worker must take the steps necessary, such as consultation or supervision, to ensure the competence of the social worker's work and to protect clients from harm.
Notwithstanding the completion of supervision requirements as specified in sections 148E.100 to 148E.125, a social worker must obtain supervision or engage in consultation when appropriate or necessary for competent and ethical practice.
(a) A social worker must not delegate a social work responsibility to another individual when the social worker knows or reasonably should know that the individual is not licensed when required to be licensed according to sections 148E.055 and 148E.060.
(b) A social worker must not delegate a social work responsibility to another individual when the social worker knows or reasonably should know that the individual is not competent to assume the responsibility or perform the task.
151.07 MEETINGS; EXAMINATION FEE.
The board shall meet at times as may be necessary and as it may determine to examine applicants for licensure and to transact its other business, giving reasonable notice of all examinations by mail to known applicants therefor. The secretary shall record the names of all persons licensed by the board, together with the grounds upon which the right of each to licensure was claimed. The fee for examination shall be in the amount specified in section 151.065, which fee may in the discretion of the board be returned to applicants not taking the examination.
148F.125 COMPETENT PROVISION OF SERVICES.
Alcohol and drug counselors shall limit their practice to the client populations and services for which they have competence or for which they are developing competence.
When an alcohol and drug counselor is developing competence in a service, method, procedure, or to treat a specific client population, the alcohol and drug counselor shall obtain professional education, training, continuing education, consultation, supervision, or experience, or a combination thereof, necessary to demonstrate competence.
Alcohol and drug counselors may offer experimental services, methods, or procedures competently and in a manner that protects clients from harm. However, when doing so, they have a heightened responsibility to understand and communicate the potential risks to clients, to use reasonable skill and safety, and to undertake appropriate preparation as required in subdivision 2.
Alcohol and drug counselors shall recognize the limitations to the scope of practice of alcohol and drug counseling. When the needs of clients appear to be outside their scope of practice, providers shall inform the clients that there may be other professional, technical, community, and administrative resources available to them. Providers shall assist with identifying resources when it is in the best interests of clients to be provided with alternative or complementary services.
Whenever a complaint is submitted to the board involving a violation of this section, the burden of proof is on the provider to demonstrate that the elements of competence have reasonably been met.
148E.205 IMPAIRMENT.
The board has grounds to take action under sections 148E.255 to 148E.270 when a social worker is unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition.
A social worker regulated by the board who is unable to practice with reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any other materials, or as a result of any mental, physical, or psychological condition, must report to the board or the health professionals services program.
150A.081 ACCESS TO MEDICAL DATA.
When the board has probable cause to believe that a licensee's condition meets a ground listed in section 150A.08, subdivision 1, clause (4) or (8), it may, notwithstanding sections 13.384, 144.651, or any other law limiting access to medical data, obtain medical or health records on the licensee without the licensee's consent. The medical data may be requested from a provider, as defined in section 144.291, subdivision 2, paragraph (h), an insurance company, or a government agency. A provider, insurance company, or government agency shall comply with a written request of the board under this subdivision and is not liable in any action for damages for releasing the data requested by the board if the data are released under the written request, unless the information is false and the entity providing the information knew, or had reason to believe, the information was false.
The board has access to medical records of a patient treated by a licensee under review if the patient signs a written consent permitting access. If the patient has not given consent, the licensee must delete data from which a patient may be identified before releasing medical records to the board.
Information obtained under this section is classified as private data on individuals under chapter 13. Under this section, the commissioner of health is not required to release health data collected and maintained under section 13.3805, subdivision 2.
151.072 REPORTING OBLIGATIONS.
A person who has knowledge of any conduct constituting grounds for discipline under the provisions of this chapter or the rules of the board may report the violation to the board.
A pharmacy located in this state must report to the board any discipline that is related to an incident involving conduct that would constitute grounds for discipline under the provisions of this chapter or the rules of the board, that is taken by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or pharmacy technician, including the termination of employment of the individual or the revocation, suspension, restriction, limitation, or conditioning of an individual's ability to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of any disciplinary proceeding, or prior to the commencement of formal charges but after the individual had knowledge that formal charges were contemplated or in preparation. Each report made under this subdivision must state the nature of the action taken and state in detail the reasons for the action. Failure to report violations as required by this subdivision is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
A licensee or registrant of the board shall report to the board personal knowledge of any conduct that the person reasonably believes constitutes grounds for disciplinary action under this chapter or the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or controlled substance researcher, including any conduct indicating that the person may be professionally incompetent, or may have engaged in unprofessional conduct or may be medically or physically unable to engage safely in the practice of pharmacy or to carry out the duties permitted to the person by this chapter or the rules of the board. Failure to report violations as required by this subdivision is a basis for discipline pursuant to section 151.071, subdivision 2, clause (20).
A licensee or registrant of the board shall report to the board any personal action that would require that a report be filed with the board pursuant to subdivision 2.
Reports required by subdivisions 2 to 4 must be submitted not later than 30 days after the occurrence of the reportable event or transaction. The board may provide forms for the submission of reports required by this section, may require that reports be submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate reporting.
The board may issue subpoenas for the production of any reports required by subdivisions 2 to 4 or any related documents.
149A.10 ADDITIONAL REMEDIES.
The regulatory agency may impose a fee on any person subject to regulation under this chapter to reimburse the Department of Health for all or part of the cost of contested case proceedings or civil action resulting in disciplinary action, including, but not limited to, the amount paid by the regulatory agency for services from the Office of Administrative Hearings, attorney fees, court reports, witnesses, reproduction of records, staff time, and other expenses.
In a contested case proceeding or a civil action, the prevailing party other than the state, upon a showing that the position of the state was not substantially justified, shall be awarded fees and other expenses pursuant to sections 14.62, subdivision 3; and 15.471 to 15.474.
The regulatory agency may take any other lawful action justified by the facts of the case.
148E.210 PROFESSIONAL AND ETHICAL CONDUCT.
The board has grounds to take action under sections 148E.255 to 148E.270 when a social worker:
(1) engages in unprofessional or unethical conduct, including any departure from or failure to conform to the minimum accepted ethical and other prevailing standards of professional social work practice, without actual injury to a social work client, intern, student, supervisee, or the public needing to be established;
(2) engages in conduct that has the potential to cause harm to a client, intern, student, supervisee, or the public;
(3) demonstrates a willful or careless disregard for the health, welfare, or safety of a client, intern, student, or supervisee; or
(4) engages in acts or conduct adversely affecting the applicant or licensee's current ability or fitness to engage in social work practice, whether or not the acts or conduct occurred while engaged in the practice of social work.
150A.09 LICENSES OR REGISTRATION CERTIFICATES.
On or before the license certificate expiration date every licensee or registrant shall submit the renewal required by the board, together with the applicable fee under section 150A.091. At least 30 days before a license certificate expiration date, the board shall send a written notice stating the amount and due date of the fee.
MS 1974 [Repealed, 1976 c 222 s 209]
Every licensee or registrant shall maintain with the board a correct and current mailing address and electronic mail address. For dentists engaged in the practice of dentistry, the postal address shall be that of the location of the primary dental practice. Within 30 days after changing postal or electronic mail addresses, every licensee or registrant shall provide the board notice.
Duplicate licenses or duplicate certificates of renewal may be issued by the board upon satisfactory proof of the need for the duplicates and upon payment of the fee established by the board.
A late fee established by the board shall be paid if the fee required by subdivision 1 is not received by the board on or before the registration or renewal date.
MS 2008 [Repealed, 2009 c 159 s 112]
151.073 IMMUNITY.
Any person, health care facility, business, or organization is immune from civil liability or criminal prosecution for submitting in good faith a report to the board under section 151.072 or for otherwise reporting in good faith to the board violations or alleged violations of this chapter or the rules of the board. All such reports are investigative data as defined in chapter 13.
(a) Members of the board and persons employed by the board or engaged on behalf of the board in the investigation of violations and in the preparation and management of charges or violations of this chapter or the rules of the board, or persons participating in the investigation or testifying regarding charges of violations, when acting in good faith, are immune from civil liability for any actions, transactions, or publications in the execution of, or relating to, their duties under this chapter or the rules of the board.
(b) Members of the board and persons employed by the board or engaged in maintaining records and making reports regarding adverse health care events are immune from civil liability for any actions, transactions, or publications in the execution of, or relating to, their duties under section 151.301.
148E.215 RESPONSIBILITIES TO CLIENTS.
A social worker's primary professional responsibility is to the client. A social worker must respect the client's interests, including the interest in self-determination, except when required to do otherwise by law.
A social worker must not discriminate against a client, intern, student, or supervisee or in providing services to a client, intern, or supervisee on the basis of age, gender, sexual orientation, race, color, national origin, religion, illness, disability, political affiliation, or social or economic status.
When undertaking research activities, a social worker must use accepted protocols for the protection of human subjects, including (1) establishing appropriate safeguards to protect the subject's vulnerability, and (2) obtaining the subjects' informed consent.
148F.135 PRIVATE INFORMATION; ACCESS AND RELEASE.
A client has the right to access and release private information maintained by the provider, including client records as provided in sections 144.291 to 144.298, relating to the provider's counseling services to that client, except as otherwise provided by law or court order.
(a) When a client makes a request for the provider to release the client's private information, the request must be in writing and signed by the client. Informed consent is not required. When the request involves client records, all pertinent information shall be released in compliance with sections 144.291 to 144.298.
(b) If the provider initiates the request to release the client's private information, written authorization for the release of information must be obtained from the client and must include, at a minimum:
(1) the name of the client;
(2) the name of the individual or entity providing the information;
(3) the name of the individual or entity to which the release is made;
(4) the types of information to be released, such as progress notes, diagnoses, assessment data, or other specific information;
(5) the purpose of the release, such as whether the release is to coordinate professional care with another provider, to obtain insurance payment for services, or for other specified purposes;
(6) the time period covered by the consent;
(7) a statement that the consent is valid for one year, except as otherwise allowed by statute, or for a lesser period that is specified in the consent;
(8) a declaration that the individual signing the statement has been told of and understands the nature and purpose of the authorized release;
(9) a statement that the consent may be rescinded, except to the extent that the consent has already been acted upon or that the right to rescind consent has been waived separately in writing;
(10) the signature of the client or the client's legally authorized representative, whose relationship to the client must be stated; and
(11) the date on which the consent is signed.
Whenever counseling services are provided to group clients, each client has the right to access or release only that information in the records that the client has provided directly or has authorized other sources to provide, unless otherwise directed by law or court order. Upon a request by one client to access or release group client records, that information in the records that has not been provided directly or by authorization of the requesting client must be redacted unless written authorization to disclose this information has been obtained from the other clients.
The board shall be allowed access to any records of a client provided services by an applicant or licensee who is under investigation. If the client has not signed a consent permitting access to the client's records, the applicant or licensee must delete any data that identifies the client before providing them to the board. The board shall maintain any records as investigative data pursuant to chapter 13.
149A.11 PUBLICATION OF DISCIPLINARY ACTIONS.
The regulatory agencies shall report all disciplinary measures or actions taken to the commissioner. At least annually, the commissioner shall publish and make available to the public a description of all disciplinary measures or actions taken by the regulatory agencies. The publication shall include, for each disciplinary measure or action taken, the name and business address of the licensee, intern, or transfer care specialist; the nature of the misconduct; and the measure or action taken by the regulatory agency.
148F.14 INFORMED CONSENT.
The provider shall obtain informed consent from the client before initiating services. The informed consent must be in writing, signed by the client, and include the following, at a minimum:
(1) authorization for the provider to engage in an activity which directly affects the client;
(2) the goals, purposes, and procedures of the proposed services;
(3) the factors that may impact the duration of the service;
(4) the applicable fee schedule;
(5) the limits to the client's privacy, including but not limited to the provider's duty to warn pursuant to section 148F.13, subdivision 2;
(6) the provider's responsibilities if the client terminates the service;
(7) the significant risks and benefits of the service, including whether the service may affect the client's legal or other interests;
(8) the provider's responsibilities under section 148F.125, subdivision 3, if the proposed service, method, or procedure is of an experimental, emerging, or innovative nature; and
(9) if applicable, information that the provider is developing competence in the proposed service, method, or procedure, and alternatives to the proposed service, if any.
If there is a substantial change in the nature or purpose of a service, the provider must obtain a new informed consent from the client.
Informed consent is not required when a provider is providing emergency or crisis services. If services continue after the emergency or crisis has abated, informed consent must be obtained.
151.074 LICENSEE OR REGISTRANT COOPERATION.
An individual who is licensed or registered by the board, who is the subject of an investigation by or on behalf of the board, shall cooperate fully with the investigation. An owner or employee of a facility that is licensed or registered by the board, when the facility is the subject of an investigation by or on behalf of the board, shall cooperate fully with the investigation. Cooperation includes responding fully and promptly to any question raised by, or on behalf of, the board relating to the subject of the investigation and providing copies of patient pharmacy records and other relevant records, as reasonably requested by the board, to assist the board in its investigation. The board shall maintain any records obtained pursuant to this section as investigative data pursuant to chapter 13.