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S.F. No. 127 - Costs and Penalties Imposed by Certain Health-Related Licensing Boards (first engrossment)
Author: Senator Wesley J. Skoglund
Prepared by: Katie Cavanor, Senate Counsel (651/296-3801)
Date: March 31, 2003


S.F. No. 127 provides clarification and some uniformity in the authority to impose costs and penalties as a result of disciplinary proceedings for the boards of nursing home administrators, optometry, chiropractic examiners, physical therapy, dentistry, podiatric medicine, pharmacy, and veterinary medicine.

Section 1 (144A.2511) authorizes the Board of Nursing Home Administrators to impose a fee to reimburse the board for all or part of the cost of the proceedings resulting in disciplinary action or impose a civil penalty not exceeding $10,000 for each separate violation with the amount to be fixed so as to deprive the nursing home administrator of any economic advantage gained by reason of the violation.

Section 2 (148.10, subdivision 3) authorizes the Board of Chiropractic Examiners to impose a civil penalty not exceeding $10,000 in an amount to discourage similar violations.

Section 3 (148.603) authorizes the Board of Optometry to require optometrists to pay all or part of the costs and disbursements of the proceedings. Makes a technical change to the section in relation to imposing a penalty to discourage similar violations.

Section 4 (148.631) establishes the penalties that may be imposed against a licensed dietician or nutritionist, including imposing a civil penalty not exceeding $10,000, and imposing a fee to reimburse the board for costs of the proceeding.

Section 5 (148.775) establishes the forms of disciplinary action the Board of Physical Therapy may take against a physical therapist including, imposing a civil penalty not exceeding $10,000, imposing a fee to reimburse the board for all of part of the cost of the proceedings resulting in disciplinary action, ordering the therapist to provide unremunerated service, censure or reprimand the therapist, or any other action allowed by law and justified by the facts of the case.

Section 6 (150A.08, subdivision 3) strikes language, which is reinstated in section 7.

Section 7 (150A.08, subdivision 3a) authorizes the Board of Dentistry to require a licensee or registrant to pay all costs and disbursements of the disciplinary proceedings, to require a licensee or registrant who has been disciplined by the board to pay all costs and disbursements of the proceedings, to impose a civil penalty not to exceed $10,000, to order the provider to provide unremunerated service, censure or reprimand the provider, or any other action allowed by law and justified by the facts of the case.

Section 8 (151.06, subdivision 5) authorizes the Board of Pharmacy to require the licensee or registrant to pay all costs and disbursements of the disciplinary proceedings, to require a licensee or registrant who have been disciplined by the board to pay all costs and disbursements of the proceedings, and to impose a civil penalty not to exceed $10,000.

Section 9 (153.22, subdivision 1) clarifies within the podiatric medicine statute that the Board of Podiatry may impose a civil penalty to discourage similar violations or to reimburse the board for the cost of the investigation and proceeding.

Section 10 (153.22, subdivision 5) clarifies that a podiatrist whose license has been suspended or revoked may have the license reinstated or a new license issued if the board finds the action warranted. Authorizes the board to require the licensee to pay the fee for reinstatement and all costs and disbursements of the proceedings.

Section 11 (156.127, subdivision 1) authorizes the Board of Veterinary Medicine to impose a penalty not exceeding $10,000 in an amount to discourage similar violations, or to reimburse the board for cost of the investigation and proceeding.

Section 12 (156.127, subdivision 3) states that the Board of Veterinary Medicine to impose any cost or penalty authorized upon reinstating a license or granting a license.

KC:cs

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