reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211B — Fair Campaign Practices › Section 211B.34 — Probable Cause Hearing.

211B.34 PROBABLE CAUSE HEARING.
Subdivision 1.
Time for review.
The assigned administrative law judge must hold a probable cause hearing on the complaint no later than three business days after receiving the assignment if an expedited hearing is required by section 211B.33, except that for good cause the administrative law judge may hold the hearing no later than seven days after receiving the assignment. If an expedited hearing is not required by section 211B.33, the administrative law judge must hold the hearing not later than 30 days after receiving the assignment.
Subd. 2.
Disposition.
At the probable cause hearing, the administrative law judge must make one of the following determinations:
(a) The complaint is frivolous, or there is no probable cause to believe that the violation of law alleged in the complaint has occurred. If the administrative law judge makes either determination, the administrative law judge must dismiss the complaint.
(b) There is probable cause to believe that the violation of law alleged in the complaint has occurred. If the administrative law judge so determines, the chief administrative law judge must schedule the complaint for an evidentiary hearing under section 211B.35.
Subd. 3.
Reconsideration by chief administrative law judge.
(a) If the administrative law judge dismisses the complaint, the administrative law judge shall provide to the complainant written notice of the right to seek reconsideration of the decision on the record by the chief administrative law judge.
(b) A petition for reconsideration must be filed within two business days after the dismissal. The chief administrative law judge must make a decision on the petition within three business days after receiving the petition. If the chief administrative law judge determines that the assigned administrative law judge made a clear error of law and grants the petition, within five business days after granting the petition, the chief administrative law judge shall schedule the complaint for an evidentiary hearing under section 211B.35.
History:
2004 c 277 s 9
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211B — Fair Campaign Practices › Section 211B.35 — Evidentiary Hearing By Panel.

211B.35 EVIDENTIARY HEARING BY PANEL.
Subdivision 1.
Deadline for hearing.
When required by section 211B.34, subdivision 2 or 3, the chief administrative law judge must assign the complaint to a panel of three administrative law judges for an evidentiary hearing. The hearing must be held within the following times:
(1) ten days after the complaint was assigned, if an expedited probable cause hearing was requested or required under section 211B.33;
(2) 30 days after the complaint was filed, if it was filed within 60 days before the primary or special election or within 90 days before the general election to which the complaint relates; or
(3) 90 days after the complaint was filed, if it was filed at any other time.
For good cause shown, the panel may extend the deadline set forth in clause (2) or (3) by 60 days.
Subd. 2.
Disposition of complaint.
The panel must determine whether the violation alleged in the complaint occurred and must make at least one of the following dispositions:
(a) The panel may dismiss the complaint.
(b) The panel may issue a reprimand.
(c) The panel may find that a statement made in a paid advertisement or campaign material violated section 211B.06.
(d) The panel may impose a civil penalty of up to $5,000 for any violation of chapter 211A or 211B.
(e) The panel may refer the complaint to the appropriate county attorney.
Subd. 3.
Time for disposition.
The panel must dispose of the complaint:
(1) within three days after the hearing record closes, if an expedited probable cause hearing was required by section 211B.33; and
(2) within 14 days after the hearing record closes, if an expedited probable cause hearing was not required by section 211B.33.
History:
2004 c 277 s 10
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211B — Fair Campaign Practices › Section 211B.36 — Procedures.

211B.36 PROCEDURES.
Subdivision 1.
Evidence and argument.
The administrative law judge or panel may consider any evidence and argument submitted until a hearing record is closed, including affidavits and documentation, or may continue a hearing to enable the parties to submit additional testimony.
Subd. 2.
Withdrawal of complaint.
At any time before an evidentiary hearing under section 211B.35 begins, a complainant may withdraw a complaint filed under section 211B.32. After the evidentiary hearing begins, a complaint filed under section 211B.32 may only be withdrawn with the permission of the panel.
Subd. 3.
Costs.
If the assigned administrative law judge or panel determines the complaint is frivolous, they may order the complainant to pay the respondent's reasonable attorney fees and to pay the costs of the office in the proceeding in which the complaint was dismissed.
Subd. 4.
Hearings public.
A hearing under section 211B.34 or 211B.35 may be conducted by conference telephone call or by interactive television. All hearings must be open to the public.
Subd. 5.
Judicial review.
A party aggrieved by a final decision on a complaint filed under section 211B.32 is entitled to judicial review of the decision as provided in sections 14.63 to 14.69; however, proceedings on a complaint filed under section 211B.32 are not a contested case within the meaning of chapter 14 and are not otherwise governed by chapter 14.
History:
2004 c 277 s 11
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211B — Fair Campaign Practices › Section 211B.37 — Costs Assessed.

211B.37 COSTS ASSESSED.
Except as otherwise provided in section 211B.36, subdivision 3, the chief administrative law judge shall assess the cost of considering complaints filed under section 211B.32 as provided in this section. Costs of complaints relating to a statewide ballot question or an election for a statewide or legislative office must be paid from appropriations to the Office of Administrative Hearings for this purpose. Costs of complaints relating to any other ballot question or elective office must be paid from appropriations to the office for this purpose.
History:
2004 c 277 s 12; 2013 c 131 art 2 s 75; 2013 c 138 art 4 s 7; 2015 c 73 s 25; 2015 c 77 art 2 s 52
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.01 — Definitions.

211C.01 DEFINITIONS.
Subdivision 1.
Application.
The definitions in this section and in chapter 200 apply to this chapter.
Subd. 2.
Malfeasance.
"Malfeasance" means the intentional commission of an unlawful or wrongful act by a state officer other than a judge in the performance of the officer's duties that is substantially outside the scope of the authority of the officer and that substantially infringes on the rights of any person or entity.
Subd. 3.
Nonfeasance.
"Nonfeasance" means the intentional, repeated failure of a state officer other than a judge to perform specific acts that are required duties of the officer.
Subd. 4.
Serious crime.
(a) "Serious crime" means a crime that is punished as a gross misdemeanor, as defined in section 609.02, and that involves assault, intentional injury or threat of injury to person or public safety, dishonesty, harassment, aggravated driving while intoxicated, coercion, obstruction of justice, or the sale or possession of controlled substances.
(b) "Serious crime" also means a crime that is punished as a misdemeanor, as defined in section 609.02, and that involves assault, intentional injury or threat of injury to person or public safety, dishonesty, coercion, obstruction of justice, or the sale or possession of controlled substances.
Subd. 5.
State officer.
"State officer" means an individual occupying an office subject to recall under the Minnesota Constitution, article VIII, section 6.
History:
1996 c 469 art 2 s 2; 1Sp2019 c 5 art 2 s 29
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.02 — Grounds.

211C.02 GROUNDS.
The grounds for recall of a judge shall be established by the supreme court. A state officer other than a judge may be subject to recall for serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office for a serious crime.
History:
1996 c 469 art 2 s 3
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.03 — Petition For Recall; Form And Content.

211C.03 PETITION FOR RECALL; FORM AND CONTENT.
The secretary of state shall prescribe by rule the form required for a recall petition. Each page of the petition must contain the following information:
(1) the name and office held by the state officer who is the subject of the recall petition and, in the case of a representative, senator, or district judge, the district number in which the state officer serves;
(2) the specific grounds upon which the state officer is sought to be recalled and a concise, accurate, and complete synopsis of the specific facts that are alleged to warrant recall on those grounds;
(3) a statement that a recall election, if conducted, will be conducted at public expense;
(4) a statement that persons signing the petition:
(i) must be eligible voters residing within the district where the state officer serves or, in the case of a statewide officer, within the state;
(ii) must know the purpose and content of the petition; and
(iii) must sign of their own free will and may sign only once; and
(5) a space for the signature and signature date; printed first, middle, and last name; residence address, including municipality and county; and date of birth of each signer.
The secretary of state shall make available sample recall petition forms upon request.
History:
1996 c 469 art 2 s 4
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.04 — Proposed Petition; Submittal.

211C.04 PROPOSED PETITION; SUBMITTAL.
A petition to recall a state officer may be proposed by 25 or more persons, who must be eligible to sign and shall sign the proposed petition for the recall of the officer. The persons submitting the petition must designate in writing no more than three individuals among them to represent all petitioners in matters relating to the recall. The proposed petition must be submitted to the secretary of state in the manner and form required by the secretary of state and be accompanied by a fee of $100. After the secretary of state issues a petition to recall a state officer under section 211C.06, the secretary of state may not accept a proposed petition to recall the same officer until either the earlier petition is dismissed by the secretary of state for a deficiency of signatures under section 211C.06, or the recall election brought about by the earlier petition results in the officer retaining the office. Upon receiving a proposed petition that satisfies the requirements of this section, the secretary of state shall immediately notify in writing the state officer named and forward the proposed petition to the clerk of the appellate courts for action under section 211C.05.
History:
1996 c 469 art 2 s 5
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.06 — Issuing, Circulating, And Verifying Petition.

211C.06 ISSUING, CIRCULATING, AND VERIFYING PETITION.
Upon receipt of the order from the supreme court, the secretary of state shall issue a recall petition. When the required number of signatures on the petition have been secured, the petition may be filed with the secretary of state. The petition must be filed within 90 days after the date of issuance. Upon the filing of the petition, the secretary of state shall verify the number and eligibility of signers in the manner provided by the secretary of state. If the secretary of state determines that a petition has been signed by a sufficient number of eligible voters, the secretary of state shall certify the petition and immediately notify in writing the governor, the petitioners, and the state officer named in the petition. If the petition is not signed by a sufficient number of eligible voters, the secretary of state shall dismiss the petition.
History:
1996 c 469 art 2 s 7
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.07 — Governor; Writ Of Election; Election.

211C.07 GOVERNOR; WRIT OF ELECTION; ELECTION.
Within five days of receiving certification of a petition under section 211C.06, the governor shall issue a writ calling for a recall election, unless the election cannot be held before the deadline specified in the Minnesota Constitution, article VIII, section 6. A recall election must be conducted, and the results canvassed and returned, in the manner provided by law for the state general election.
History:
1996 c 469 art 2 s 8
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.071 — Removal Election Form Of Question.

211C.071 REMOVAL ELECTION FORM OF QUESTION.
The form of the question under this chapter must be:
"Shall ....... (Name) elected (appointed) to the office of ....... (title) be removed from that office?"
History:
2014 c 264 s 25
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.08 — Election Result; Removal From Office.

211C.08 ELECTION RESULT; REMOVAL FROM OFFICE.
If a majority of the votes cast in a recall election favor the removal of the state officer, upon certification of that result the state officer is removed from office and the office is vacant.
History:
1996 c 469 art 2 s 9
2023 Minnesota Statutes › Chapters 200 - 212 — Elections › Chapter 211C — Recall Of Elected State Officials › Section 211C.09 — Recall Petition; Corrupt Practices.

211C.09 RECALL PETITION; CORRUPT PRACTICES.
A person proposing a petition may not allege any material fact in support of the petition that the person knows is false or has alleged with reckless disregard of whether it is false. A person may not intentionally make any false entry on a petition or aid, abet, counsel, or procure another to do so. A person may not use threat, intimidation, coercion, or other corrupt means to interfere or attempt to interfere with the right of any eligible voter to sign or not to sign a recall petition of their own free will. A person may not, for any consideration, compensation, gift, reward, or thing of value or promise thereof, sign or not sign a recall petition.
The supreme court may dismiss a proposed petition for violation of this section. Notwithstanding section 645.241, the sole remedy for a violation of this section is dismissal of the petition by the supreme court.
History:
1996 c 469 art 2 s 10
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.02 — Public Member, Defined.

214.02 PUBLIC MEMBER, DEFINED.
"Public member" means a person who is not, or never was, a member of the profession or occupation being licensed or regulated or the spouse of any such person, or a person who does not have or has never had, a material financial interest in either the providing of the professional service being licensed or regulated or an activity directly related to the profession or occupation being licensed or regulated.
History:
1973 c 638 s 61
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.025 — Council Of Health Boards.

214.025 COUNCIL OF HEALTH BOARDS.
The health-related licensing boards may establish a Council of Health Boards consisting of representatives of the health-related licensing boards and the Emergency Medical Services Regulatory Board. When reviewing legislation or legislative proposals relating to the regulation of health occupations, the council shall include the commissioner of health or a designee.
History:
2001 c 161 s 40
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.03 — Standardized Tests.

214.03 STANDARDIZED TESTS.
Subdivision 1.
Standardized tests used.
All state examining and licensing boards, other than the State Board of Law Examiners, the Lawyers Professional Responsibility Board, or any other board established by the supreme court to regulate the practice of law and judicial functions, shall use national standardized tests for the objective, nonpractical portion of any examination given to prospective licensees to the extent that such national standardized tests are appropriate, except when the subject matter of the examination relates to the application of Minnesota law to the profession or calling being licensed.
Subd. 2.
Health-related boards; special account.
An account is established in the special revenue fund where a health-related licensing board may deposit applicants' payments for national or regional standardized tests. Money in the account is appropriated to each board that has deposited money into the account, in an amount equal to the amount deposited by the board, to pay for the use of national or regional standardized tests.
History:
1973 c 638 s 62; 1974 c 406 s 81; 1998 c 407 art 2 s 93; 2004 c 228 art 1 s 34
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.045 — Coordination With Professional Educator Licensing And Standards Board.

214.045 COORDINATION WITH PROFESSIONAL EDUCATOR LICENSING AND STANDARDS BOARD.
The commissioner of health and the health-related licensing boards must coordinate with the Professional Educator Licensing and Standards Board when modifying licensure requirements for regulated persons in order to have consistent regulatory requirements for personnel who perform services in schools.
History:
1999 c 245 art 4 s 7; 1Sp2017 c 5 art 12 s 19
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.055 — Fees To Recover Expenditures.

214.055 FEES TO RECOVER EXPENDITURES.
A health-related licensing board that is created on or after September 1, 1995, must establish a fee structure which fully recovers its expenditures during a five-year period.
History:
1995 c 207 art 9 s 49
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.071 — Health Boards; Directory Of Licensees.

214.071 HEALTH BOARDS; DIRECTORY OF LICENSEES.
By July 1, 2009, each health-related licensing board, as defined in section 214.01, subdivision 2, shall establish a directory of licensees that includes biographical data for each licensee.
History:
2005 c 147 art 11 s 4; 2006 c 267 art 1 s 7
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.072 — Health-related Licensing Boards; Website.

214.072 HEALTH-RELATED LICENSING BOARDS; WEBSITE.
(a) Each health-related licensing board, as defined in section 214.01, subdivision 2, and the commissioner of health, as the regulator for speech-language pathologists, audiologists, and hearing instrument dispensers, are required to post on its public website the name and business address of each regulated individual who has:
(1) a conviction of a felony or gross misdemeanor occurring on or after July 1, 2013, in any state or jurisdiction;
(2) a malpractice judgment occurring on or after July 1, 2013, against the regulated individual in any state or jurisdiction. Information describing judgments shall be developed by the boards and the commissioner, shall be stated in plain English, and shall ensure the public understands the context of actions involving licensees; or
(3) any disciplinary or corrective action or restriction of privileges taken against the individual's license by the commissioner or a state licensing board in this state or in any other state or jurisdiction. The website shall identify the basis for disciplinary action, the type of disciplinary action taken, and whether the action was taken by the commissioner or a licensing board in this or another state or the federal government. This clause shall not include any action or restriction imposed through an agreement with a regulated individual and the health professionals services program under sections 214.31 to 214.37.
(b) The information described in this section shall be posted for new licensees issued a license on or after July 1, 2013, and for current licensees upon license renewal occurring on or after July 1, 2013.
History:
2012 c 278 art 2 s 24; 2019 c 50 art 1 s 61
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.073 — Health-related Licensing Boards; Authority.

214.073 HEALTH-RELATED LICENSING BOARDS; AUTHORITY.
Each health-related licensing board, as defined in section 214.01, subdivision 2, and the commissioner of health, as the regulator for speech-language pathologists, audiologists, and hearing instrument dispensers, shall require an applicant on or after August 1, 2012, to provide the individual's primary business address at the time of initial application and all subsequent renewals.
History:
2012 c 278 art 2 s 25; 2019 c 50 art 1 s 62
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.078 — Protection From Conversion Therapy.

214.078 PROTECTION FROM CONVERSION THERAPY.
Subdivision 1.
Definitions.
(a) "Client" for purposes of this section means a person requesting or receiving services from a mental health practitioner or mental health professional within the context of a relationship that a reasonable person would construe as a professional relationship. A client may include a child, adolescent, adult, couple, family, group, organization, community, or other entity.
(b) "Conversion therapy" means any practice by a mental health practitioner as defined in section 245I.02, subdivision 26, or mental health professional as defined in section 245I.02, subdivision 27, that seeks to change an individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy does not include counseling, practice, or treatment that provides assistance to an individual undergoing gender transition, or counseling, practice, or treatment that provides acceptance, support, and understanding of an individual or facilitates an individual's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as the counseling, practice, or treatment does not seek to change an individual's sexual orientation or gender identity.
Subd. 2.
Prohibition.
(a) No mental health practitioner or mental health professional shall engage in conversion therapy with a client younger than 18 years of age or with a client who is a vulnerable adult as defined in section 626.5572, subdivision 21.
(b) Conversion therapy attempted by a mental health practitioner or mental health professional with a client younger than 18 years of age or with a client who is a vulnerable adult shall be considered unprofessional conduct that may subject the mental health practitioner or mental health professional to disciplinary action by the licensing board of the mental health practitioner or mental health professional.
History:
2023 c 28 s 1
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.101 — Child Support; Suspension Of License.

214.101 CHILD SUPPORT; SUSPENSION OF LICENSE.
Subdivision 1.
Court order; hearing on suspension.
(a) For purposes of this section, "licensing board" means a licensing board or other state agency that issues an occupational license.
(b) If a licensing board receives an order from a court or a child support magistrate or a notice from a public authority responsible for child support enforcement under section 518A.66 dealing with suspension of a license of a person found by the court or the public authority to be in arrears in child support or maintenance payments, or both, the board shall, within 30 days of receipt of the order or public authority notice, suspend the license as directed by the order or notice.
Subd. 2.
[Repealed, 1995 c 257 art 1 s 36]
Subd. 3.
[Repealed, 1995 c 257 art 1 s 36]
Subd. 4.
Verification of payments.
A board may not issue, reinstate, or renew a license of a person who has been suspended or is the subject of an order or notice under this section until it receives notification from the court, child support magistrate, or public authority that referred the matter to the board confirming that the applicant is not in arrears in either child support or maintenance payments, or confirming that the person is in compliance with a written payment plan regarding both current support and arrearages.
Subd. 5.
Application.
This section applies to support obligations ordered by any state, territory, or district of the United States.
History:
1991 c 292 art 5 s 4; 1993 c 322 s 1,2; 1993 c 340 s 2; 1994 c 630 art 11 s 3; 1995 c 257 art 1 s 12,13; 1999 c 196 art 2 s 5,6; 2005 c 164 s 29; 1Sp2005 c 7 s 28
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.105 — Health-related Licensing Boards; Default On Federal Loans Or Service Obligations.

214.105 HEALTH-RELATED LICENSING BOARDS; DEFAULT ON FEDERAL LOANS OR SERVICE OBLIGATIONS.
A health-related licensing board may refuse to grant a license or may impose disciplinary action against a person regulated by the board if the person is intentionally in nonpayment, default, or breach of a repayment or service obligation under any federal educational loan, loan repayment, or service conditional scholarship program. The board shall consider the reasons for nonpayment, default, or breach of a repayment or service obligation and may not impose disciplinary action against a person in cases of total and permanent disability or long-term temporary disability lasting more than a year.
History:
1Sp2001 c 9 art 13 s 6; 2002 c 379 art 1 s 113
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.106 — Health-related Boards; Response To Insurance Fraud.

214.106 HEALTH-RELATED BOARDS; RESPONSE TO INSURANCE FRAUD.
A health-related board may revoke, suspend, condition, limit, restrict, or qualify a license to practice when clear and convincing evidence indicates the licensee has committed insurance fraud or subsequent to a conviction relating to fraud.
History:
2005 c 147 art 11 s 5
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.107 — Health-related Licensing Boards Administrative Services Unit.

214.107 HEALTH-RELATED LICENSING BOARDS ADMINISTRATIVE SERVICES UNIT.
Subdivision 1.
Establishment.
An administrative services unit is established for the health-related licensing boards in section 214.01, subdivision 2, to perform administrative, financial, and management functions common to all the boards in a manner that streamlines services, reduces expenditures, targets the use of state resources, and meets the mission of public protection.
Subd. 2.
Authority.
The administrative services unit shall act as an agent of the boards.
Subd. 3.
Funding.
(a) The administrative service unit shall apportion among the health-related licensing boards an amount to be allocated to each health-related licensing board. The amount apportioned to each board shall equal each board's share of the annual operating costs for the unit and shall be deposited into the state government special revenue fund.
(b) The administrative services unit may receive and expend reimbursements for services performed for other agencies.
History:
1Sp2011 c 9 art 5 s 28
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.108 — Health-related Licensing Boards; Licensee Guidance.

214.108 HEALTH-RELATED LICENSING BOARDS; LICENSEE GUIDANCE.
A health-related licensing board may offer guidance to current licensees about the application of laws and rules the board is empowered to enforce. This guidance shall not bind any court or other adjudicatory body.
History:
2012 c 278 art 4 s 3
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.109 — Record Keeping.

214.109 RECORD KEEPING.
(a) A board may take administrative action against a regulated person whose records do not meet the standards of professional practice. Action taken under this paragraph shall not be considered disciplinary action.
(b) Records that are fraudulent or could result in patient harm may be handled through disciplinary or other corrective action.
History:
2012 c 278 art 4 s 4
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.11 — Additional Remedy.

214.11 ADDITIONAL REMEDY.
In addition to any other remedy provided by law, a licensing board may in its own name bring an action in district court for injunctive relief to restrain any unauthorized practice or violation or threatened violation of any statute or rule which the board is empowered to regulate or enforce. A temporary restraining order may be granted in the proceeding if continued activity by a person would create an imminent risk of harm to others. Injunctive relief granted pursuant to this section shall not relieve a person enjoined from criminal prosecution by any competent authority or from disciplinary action by the board in respect to the person's license or application for license or renewal.
History:
1976 c 222 s 6
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.12 — Continuing Education.

214.12 CONTINUING EDUCATION.
Subdivision 1.
Requirements.
The health-related and non-health-related licensing boards may promulgate by rule requirements for renewal of licenses designed to promote the continuing professional competence of licensees. These requirements of continuing professional education or training shall be designed solely to improve professional skills and shall not exceed an average attendance requirement of 50 clock hours per year. All requirements promulgated by the boards shall be effective commencing January 1, 1977, or at a later date as the board may determine. The 50 clock hour limitation shall not apply to the Professional Educator Licensing and Standards Board.
Subd. 2.
[Repealed, 1999 c 5 s 1]
Subd. 3.
Fetal alcohol syndrome.
The Board of Medical Practice and the Board of Nursing shall require by rule that family practitioners, pediatricians, obstetricians and gynecologists, and other licensees who have primary responsibility for diagnosing and treating fetal alcohol syndrome in pregnant women or children receive education on the subject of fetal alcohol syndrome and fetal alcohol effects, including how to: (1) screen pregnant women for alcohol abuse; (2) identify affected children; and (3) provide referral information on needed services.
Subd. 4.
Parental depression.
The health-related licensing boards that regulate professions that serve caregivers at risk of depression, or their children, including behavioral health and therapy, chiropractic, marriage and family therapy, medical practice, nursing, psychology, and social work, shall provide educational materials to licensees on the subject of parental depression and its potential effects on children if unaddressed, including how to:
(1) screen mothers for depression;
(2) identify children who are affected by their mother's depression; and
(3) provide treatment or referral information on needed services.
Subd. 5.
Health professionals services program.
The health-related licensing boards shall include information regarding the health professionals services program on their websites.
Subd. 6.
MS 2020 [Expired, 2019 c 63 art 2 s 10]
History:
1976 c 222 s 7; 1992 c 559 art 1 s 8; 1997 c 203 art 2 s 24; 2013 c 108 art 10 s 10; 2014 c 291 art 4 s 50; 1Sp2017 c 5 art 12 s 22; 2019 c 63 art 2 s 10
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.121 — Price Disclosure Reminder.

214.121 PRICE DISCLOSURE REMINDER.
Each health-related licensing board shall at least annually inform and remind its licensees of the price disclosure requirements of section 62J.052 or 151.214, as applicable, through the board's regular means of communicating with its licensees.
History:
2006 c 267 art 1 s 8
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.122 — Information Provision; Pharmaceutical Assistance Programs.

214.122 INFORMATION PROVISION; PHARMACEUTICAL ASSISTANCE PROGRAMS.
(a) The Board of Medical Practice and the Board of Nursing shall at least annually inform licensees who are authorized to prescribe prescription drugs of the availability of the Board of Pharmacy's website that contains information on resources and programs to assist patients with the cost of prescription drugs. The boards shall provide licensees with the website address established by the Board of Pharmacy under section 151.06, subdivision 6, and the materials described under section 151.06, subdivision 6, paragraph (b). The boards shall also ensure that licensees are provided with information on the insulin safety net program established in section 151.74, and a link to the Board of Pharmacy's information sheet on how patients can apply for the program.
(b) Licensees must make available to patients information on sources of lower cost prescription drugs, including information on the availability of the website established by the Board of Pharmacy under section 151.06, subdivision 6.
History:
1Sp2019 c 9 art 9 s 8; 2020 c 73 s 5
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.15 — Trade Regulation.

214.15 TRADE REGULATION.
Notwithstanding any other law to the contrary, members of occupations regulated by the licensing boards may advertise, but advertisements must not be inconsistent with rules relating to advertising format and substance which each board is herewith empowered to adopt if that board had statutory advertising limitations on the effective date of the rules. A board may adopt rules relating to minimum fees, splitting of fees, referral fees, compensation, hours of practice, or other practice limitations, but only if (a) the governor or the board had specific statutory limitations or specific statutory authority to adopt the rules on the effective date of the rules, (b) the rules are not inconsistent with other law and (c) the rules are immediately and directly related to the protection of the safety and well-being of citizens of the state.
History:
1980 c 596 s 6
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.16 — Data Collection; Health Care Provider Tax.

214.16 DATA COLLECTION; HEALTH CARE PROVIDER TAX.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the meanings given them.
(a) "Board" means the Boards of Medical Practice, Chiropractic Examiners, Nursing, Optometry, Dentistry, Pharmacy, Psychology, Social Work, Marriage and Family Therapy, and Podiatry.
(b) "Regulated person" means a licensed physician, chiropractor, nurse, optometrist, dentist, pharmacist, psychologist, social worker, marriage and family therapist, or podiatrist.
Subd. 2.
Board cooperation required.
The board shall assist the commissioner of health in data collection activities required under Laws 1992, chapter 549, article 7, and shall assist the commissioner of revenue in activities related to collection of the health care provider tax required under Laws 1992, chapter 549, article 9. Upon the request of the commissioner or the commissioner of revenue, the board shall make available names and addresses of current licensees and provide other information or assistance as needed.
Subd. 3.
Grounds for disciplinary action.
The board shall take disciplinary action, which may include license revocation, against a regulated person for:
(1) intentional failure to provide the commissioner of health with the data required under chapter 62J;
(2) intentional failure to provide the commissioner of revenue with data on gross revenue and other information required for the commissioner to implement sections 295.50 to 295.58;
(3) intentional failure to pay the health care provider tax required under section 295.52; and
(4) entering into a contract or arrangement that is prohibited under sections 62J.70 to 62J.73.
History:
1992 c 549 art 7 s 8; 1993 c 345 art 3 s 18; art 12 s 8; 1995 c 234 art 5 s 20,21; 1997 c 237 s 17,18
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.25 — Data Privacy.

214.25 DATA PRIVACY.
Subdivision 1.
Board data.
(a) All data collected or maintained as part of the board's duties under Minnesota Statutes 2018, sections 214.19, 214.23, and 214.24, shall be classified as investigative data under section 13.39 except that inactive investigative data shall be classified as private data under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9, in the case of data not on individuals.
(b) Notwithstanding section 13.05, subdivision 9, data addressed in this subdivision shall not be disclosed except as provided in this subdivision or section 13.04; except that the board may disclose to the commissioner under Minnesota Statutes 2018, section 214.23.
Subd. 2.
Commissioner of health data.
All data collected or maintained as part of the commissioner of health's duties under Minnesota Statutes 2018, sections 214.19, 214.23, and 214.24, shall be classified as investigative data under section 13.39, except that inactive investigative data shall be classified as private data under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9, in the case of data not on individuals.
History:
1992 c 559 art 1 s 17; 2000 c 422 s 26; 1Sp2019 c 9 art 11 s 104,111
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.28 — Diversion Program.

214.28 DIVERSION PROGRAM.
A health-related licensing board may establish performance criteria and contract for a diversion program for regulated professionals who are 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.
History:
2000 c 284 s 8
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.29 — Program Required.

214.29 PROGRAM REQUIRED.
Each health-related licensing board, including the Emergency Medical Services Regulatory Board under chapter 144E, shall either conduct a health professionals service program under sections 214.31 to 214.37 or contract for a diversion program under section 214.28.
History:
2000 c 284 s 9; 2014 c 291 art 4 s 51
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.31 — Authority.

214.31 AUTHORITY.
Two or more of the health-related licensing boards listed in section 214.01, subdivision 2, may jointly conduct a health professionals services program to protect the public from persons regulated by the boards who are 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. The program does not affect a board's authority to discipline violations of a board's practice act. For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board shall be included in the definition of a health-related licensing board under chapter 144E.
History:
1994 c 556 s 2; 2000 c 284 s 10; 2014 c 291 art 4 s 52
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.34 — Immunity.

214.34 IMMUNITY.
Subdivision 1.
Reporting immunity.
Any individual, agency, institution, facility, business, or organization is immune from civil liability or criminal prosecution for submitting a report in good faith to the program under this section or for cooperating with an investigation of a report or with staff of the program. Reports are confidential and are privileged communication.
Subd. 2.
Program immunity.
Members of the participating boards and persons employed by the boards and program, program consultants, and members of advisory bodies for the program are immune from civil liability and criminal prosecution for any actions, transactions, or reports in the execution of, or relating to, their duties under sections 214.31 to 214.36.
History:
1994 c 556 s 5
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.35 — Classification Of Data.

214.35 CLASSIFICATION OF DATA.
All data collected and maintained and any agreements with regulated persons entered into as part of the program is classified as active investigative data under section 13.41 while the individual is in the program, except for monitoring data which is classified as private. When a regulated person successfully completes the program, the data and participation agreement become inactive investigative data which shall be classified as private data under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9, in the case of data not on individuals. Data and agreements shall not be forwarded to the board unless the program reports a participant to a board as described in section 214.33, subdivision 3.
History:
1994 c 556 s 6
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.355 — Grounds For Disciplinary Action.

214.355 GROUNDS FOR DISCIPLINARY ACTION.
Each health-related licensing board, including the Emergency Medical Services Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action if a regulated person violates the terms of the health professionals services program participation agreement or leaves the program except upon fulfilling the terms for successful completion of the program as set forth in the participation agreement.
History:
2014 c 291 art 4 s 56
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.36 — Board Participation.

214.36 BOARD PARTICIPATION.
Participating boards may, by mutual agreement, implement the program upon enactment. Thereafter, health-related licensing boards desiring to enter into or discontinue an agreement to participate in the health professionals services program shall provide a written resolution indicating the board's intent to the designated board by January 1 preceding the start of a biennium.
History:
1994 c 556 s 7
2023 Minnesota Statutes › Chapters 214 - 215 — Examining And Licensing Boards › Chapter 214 — Examining And Licensing Boards › Section 214.37 — Rulemaking.

214.37 RULEMAKING.
By July 1, 1996, the participating boards shall adopt joint rules relating to the provisions of sections 214.31 to 214.36 in consultation with the advisory committee and other appropriate individuals. The required rule writing does not prevent the implementation of sections 214.31 to 214.37 and Laws 1994, chapter 556, section 9, upon enactment.
History:
1994 c 556 s 8
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.10 — Public Attorneys Represent Commission.

216.10 PUBLIC ATTORNEYS REPRESENT COMMISSION.
The attorney general shall be ex officio attorney for the Public Utilities Commission and shall institute and prosecute all actions which the commission shall order brought and render the commissioners all advice, counsel, and assistance necessary for the proper performance of their duties. The county attorney of any county in which an action is pending, prosecuted, or defended by direction of the commission shall aid in the prosecution or defense thereof until final determination when requested by the commission. When necessary the commission may employ additional counsel to assist the attorney general.
All actions or proceedings instituted by the commission shall be brought in the name of the state.
History:
(4635, 4658) RL s 1960,1979; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.13 — Commencing Proceedings Before Commission.

216.13 COMMENCING PROCEEDINGS BEFORE COMMISSION.
Proceedings before the commission against any such carrier or public warehouse operator shall be instituted by complaint, verified as a pleading in a civil action, stating in ordinary language the facts constituting the alleged omission or offense. The parties to such proceedings shall be termed, respectively, "complainant" and "respondent."
History:
(4638) RL s 1963; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.14 — Notice To Respondent.

216.14 NOTICE TO RESPONDENT.
Upon filing such complaint, if there appear reasonable grounds for investigating such matter, the commission shall issue an order directed to and requiring such carrier or warehouse operator to grant the relief demanded or show cause by answer within 20 days from the service of such notice why such relief should not be granted. Such order, together with a copy of the complaint, shall forthwith be served upon the respondent.
History:
(4639) RL s 1964; 1971 c 25 s 67; 1980 c 614 s 123; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.15 — Answer And Reply.

216.15 ANSWER AND REPLY.
The respondent may file by mail, by personal delivery, or via the commission's electronic filing system and serve upon the complainant, within 20 days after service of the order, an answer alleging that it has already granted the relief demanded or setting up any matter of defense. If the answer alleges the granting of the relief, the complainant shall within 20 days reply admitting or denying the allegation. If the complainant fails to reply or admits the allegation, the proceeding must be dismissed.
History:
(4640) RL s 1965; 1986 c 444; 2007 c 10 s 1