Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 399-H.F.No. 3350 
                  An act relating to health; establishing emeritus 
                  registration for mortuary science practitioner; 
                  establishing a donated dental services program; 
                  establishing a volunteer health care provider program; 
                  clarifying the effective date of certain family 
                  community support services; appropriating money; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 149A; 150A; 214. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [149A.45] [EMERITUS REGISTRATION FOR MORTUARY 
        SCIENCE PRACTITIONERS.] 
           Subdivision 1.  [APPLICATION.] Any mortuary science 
        practitioner licensed to practice mortuary science in Minnesota 
        under this chapter may apply to the commissioner for mortuary 
        science practitioner emeritus registration if the person 
        declares that he or she is retired in all jurisdictions from the 
        active practice of mortuary science and if the person is not 
        subject to any disciplinary action by the commissioner and not 
        subject to an order by the commissioner imposing a suspended, 
        conditional, or restricted license to practice mortuary 
        science.  For purposes of this section, a person is retired if 
        the person has completely ceased the active practice of mortuary 
        science in all jurisdictions, for any reason.  The mortuary 
        science practitioner may apply to the commissioner using the 
        practitioner's licensure form or by petitioning the commissioner.
           Subd. 2.  [STATUS OF REGISTRANT.] An emeritus registration 
        is not a license to engage in the practice of mortuary science.  
        A person registered under this section shall not engage in the 
        practice of mortuary science. 
           Subd. 3.  [CONTINUING EDUCATION REQUIREMENTS.] The 
        continuing education requirements that apply to mortuary science 
        practitioners shall not apply to a person registered under this 
        section. 
           Subd. 4.  [DOCUMENTATION OF STATUS.] A person granted 
        emeritus registration shall, upon payment of a $50 fee, be 
        issued a certificate by the commissioner certifying that the 
        person has received emeritus registration and has completed his 
        or her active professional career licensed in good standing with 
        the commissioner.  The $50 fee shall be a onetime fee. 
           Subd. 5.  [RENEWAL CYCLE OR FEE.] A person registered under 
        this section shall not be subject to a registration renewal 
        cycle or any renewal fees. 
           Sec. 2.  [150A.22] [DONATED DENTAL SERVICES.] 
           (a) The board of dentistry shall contract with the 
        Minnesota dental association, or another appropriate and 
        qualified organization to develop and operate a donated dental 
        services program to provide dental care to public program 
        recipients and the uninsured through dentists who volunteer 
        their services without compensation.  As part of the contract, 
        the board shall include specific performance and outcome 
        measures that the contracting organization must meet.  The 
        donated dental services program shall: 
           (1) establish a network of volunteer dentists, including 
        dental specialties, to donate dental services to eligible 
        individuals; 
           (2) establish a system to refer eligible individuals to the 
        appropriate volunteer dentists; and 
           (3) develop and implement a public awareness campaign to 
        educate eligible individuals about the availability of the 
        program. 
           (b) Funding for the program may be used for administrative 
        or technical support.  The organization contracting with the 
        board shall provide an annual report that accounts for funding 
        appropriated to the program by the state, documents the number 
        of individuals served by the program and the number of dentists 
        participating as program providers, and provides data on meeting 
        the specific performance and outcome measures identified by the 
        board.  
           Sec. 3.  [214.40] [VOLUNTEER HEALTH CARE PROVIDER PROGRAM.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section.  
           (b) "Administrative services unit" means the administrative 
        services unit for the health-related licensing boards. 
           (c) "Charitable organization" means a charitable 
        organization within the meaning of section 501(c)(3) of the 
        Internal Revenue Code that has as a purpose the sponsorship or 
        support of programs designed to improve the quality, awareness, 
        and availability of health care services and that serves as a 
        funding mechanism for providing those services.  
           (d) "Health care facility or organization" means a health 
        care facility licensed under chapter 144 or 144A, or a 
        charitable organization.  
           (e) "Health care provider" means a physician licensed under 
        chapter 147, physician assistant registered and practicing under 
        chapter 147A, nurse licensed and registered to practice under 
        chapter 148, or dentist or dental hygienist licensed under 
        chapter 150A.  
           (f) "Health care services" means health promotion, health 
        monitoring, health education, diagnosis, treatment, minor 
        surgical procedures, the administration of local anesthesia for 
        the stitching of wounds, and primary dental services, including 
        preventive, diagnostic, restorative, and emergency treatment.  
        Health care services do not include the administration of 
        general anesthesia or surgical procedures other than minor 
        surgical procedures.  
           (g) "Medical professional liability insurance" means 
        medical malpractice insurance as defined in section 62F.03.  
           Subd. 2.  [ESTABLISHMENT.] The administrative services unit 
        shall establish a volunteer health care provider program to 
        facilitate the provision of health care services provided by 
        volunteer health care providers through eligible health care 
        facilities and organizations.  
           Subd. 3.  [PARTICIPATION OF HEALTH CARE FACILITIES.] To 
        participate in the program established in subdivision 2, a 
        health care facility or organization must register with the 
        administrative services unit on forms provided by the 
        administrative services unit and must meet the following 
        requirements: 
           (1) be licensed to the extent required by law or 
        regulation; 
           (2) provide evidence that the provision of health care 
        services to the uninsured and underinsured is the primary 
        purpose of the facility or organization; 
           (3) certify that it maintains adequate general liability 
        and professional liability insurance for program staff other 
        than the volunteer health care provider or is properly and 
        adequately self-insured; 
           (4) agree to report annually to the administrative services 
        unit the number of volunteers, number of volunteer hours 
        provided, number of patients seen by volunteer providers, and 
        types of services provided; and 
           (5) agree to pay to the administrative services unit an 
        annual participation fee of $50.  All fees collected are 
        deposited into the state government special revenue fund and are 
        appropriated to the administrative services unit for purposes of 
        administering the program. 
           Subd. 4.  [HEALTH CARE PROVIDER REGISTRATION.] (a) To 
        participate in the program established in subdivision 2, a 
        health care provider shall register with the administrative 
        services unit.  Registration may be approved if the provider has 
        submitted a certified statement on forms provided by the 
        administrative services unit attesting that the health care 
        provider agrees to: 
           (1) receive no direct monetary compensation of any kind for 
        services provided in the program; 
           (2) submit a sworn statement attesting that the license to 
        practice is free of restrictions.  The statement must describe: 
           (i) any disciplinary action taken against the health care 
        provider by a professional licensing authority or health care 
        facility, including any voluntary surrender of license or other 
        agreement involving the health care provider's license to 
        practice or any restrictions on practice, suspension of 
        privileges, or other sanctions; and 
           (ii) any malpractice suits filed against the health care 
        provider and the outcome of any suits filed; 
           (3) submit any additional materials requested by the 
        administrative services unit; 
           (4) identify the eligible program through which the health 
        care services will be provided and the health care facilities at 
        which the services will be provided; and 
           (5) if coverage is purchased for the provider under 
        subdivision 7, comply with any risk management and loss 
        prevention policies imposed by the insurer.  
           (b) Registration expires two years from the date the 
        registration was approved.  A health care provider may apply for 
        renewal by filing with the administrative services unit a 
        renewal application at least 60 days prior to the expiration of 
        the registration. 
           Subd. 5.  [REVOCATION OF ELIGIBILITY AND REGISTRATION.] The 
        administrative services unit may suspend, revoke, or condition 
        the eligibility of a health care provider for cause, including, 
        but not limited to, the failure to comply with the agreement 
        with the administrative services unit and the imposition of 
        disciplinary action by the licensing board that regulates the 
        health care provider. 
           Subd. 6.  [BOARD NOTICE OF DISCIPLINARY ACTION.] The 
        applicable health-related licensing board shall immediately 
        notify the administrative services unit of the initiation of a 
        contested case against a registered health care provider or the 
        imposition of disciplinary action, including copies of any 
        contested case decision or settlement agreement with the health 
        care provider.  
           Subd. 7.  [MEDICAL PROFESSIONAL LIABILITY INSURANCE.] (a) 
        The administrative services unit must purchase medical 
        professional liability insurance, if available, for a health 
        care provider who is registered in accordance with subdivision 4 
        and who is not otherwise covered by a medical professional 
        liability insurance policy or self-insured plan either 
        personally or through another facility or employer. 
           (b) Coverage purchased under this subdivision must be 
        limited to the provision of health care services performed by 
        the provider for which the provider does not receive direct 
        monetary compensation. 
           Sec. 4.  [EFFECTIVE DATE; S.F. NO. 3099.] 
           S.F. No. 3099, article 2, section 15, if enacted, is 
        effective the day following final enactment of this section. 
           Sec. 5.  [APPROPRIATION.] 
           (a) $75,000 is appropriated in fiscal year 2003 from the 
        health care access fund to the board of dentistry to implement 
        the donated dental services program under Minnesota Statutes, 
        section 150A.22.  This appropriation shall become part of the 
        base-level funding for the 2004-2005 biennium.  Base-level 
        funding in fiscal year 2006 shall be zero. 
           (b) $50,000 is appropriated from the state government 
        special revenue fund to the administrative services unit to pay 
        for medical professional liability insurance coverage in 
        accordance with Minnesota Statutes, section 214.40, subdivision 
        7.  This appropriation is available until expended.  If this 
        appropriation is expended, the administrative services unit must 
        apportion between the board of medical practice, the board of 
        dentistry, and the board of nursing an amount to be raised 
        through fees by the respective board.  The amount apportioned to 
        each board shall be the total amount of the appropriation 
        expended on coverage purchased for the providers regulated by 
        the respective board.  The respective board may adjust the fees 
        in which the board is empowered to assess to compensate for the 
        amount apportioned to the board by the administrative services 
        unit. 
           Presented to the governor May 20, 2002 
           Signed by the governor May 22, 2002, 1:30 p.m.