1.1.................... moves to amend H.F. No. 1898 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 214.29, is amended to read:
1.4214.29 PROGRAM REQUIRED.
1.5Each health-related licensing board, including the Emergency Medical Services
1.6Regulatory Board under chapter 144E, shall either conduct a contract with the health
1.7professionals service program under sections 214.31 to 214.37 or contract for a diversion
1.8program under section 214.28 for a diversion program for regulated professionals who are
1.9unable to practice with reasonable skill and safety by reason of illness, use of alcohol,
1.10drugs, chemicals, or any other materials, or as a result of any mental, physical, or
1.11psychological condition.

1.12    Sec. 2. Minnesota Statutes 2012, section 214.31, is amended to read:
1.13214.31 AUTHORITY.
1.14Two or more of the health-related licensing boards listed in section 214.01,
1.15subdivision 2 , may jointly The health professionals services program shall contract with
1.16the health-related licensing boards to conduct a health professionals services program to
1.17protect the public from persons regulated by the boards who are unable to practice with
1.18reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any
1.19other materials, or as a result of any mental, physical, or psychological condition. The
1.20program does not affect a board's authority to discipline violations of a board's practice act.
1.21For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board
1.22shall be included in the definition of a health-related licensing board under chapter 144E.

1.23    Sec. 3. Minnesota Statutes 2012, section 214.32, is amended to read:
1.24214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
2.1    Subdivision 1. Management. (a) A Health Professionals Services Program
2.2Committee is established, consisting of one person appointed by each participating
2.3board, with each participating board having one vote no fewer than three, or more than
2.4six, executive directors of health-related licensing boards or their designees, and two
2.5members of the advisory committee established in paragraph (d). Program committee
2.6members from the health-related licensing boards shall be appointed by a means agreeable
2.7to the executive directors of the health-related licensing boards in July of odd numbered
2.8years. Members from the advisory committee shall be appointed by a means agreeable to
2.9advisory committee members in July of odd numbered years. The program committee
2.10shall designate one board to provide administrative management of the program, set the
2.11program budget and the pro rata share of administrative costs under paragraph (b) and
2.12program expenses and administrative costs to be borne by each participating board, set the
2.13program budget, and ensure the program is meeting its statutory charge. The program
2.14committee shall establish uniform criteria and procedures governing termination and
2.15discharge for all health professionals served by the health professionals services program.
2.16    (b) The commissioner of administration shall provide guidance on the general
2.17operation of the program, including hiring of program personnel, and ensure that the
2.18program's direction is in accord with its authority. If the participating boards change
2.19which board is designated to provide administrative management of the program, any
2.20appropriation remaining for the program shall transfer to the newly designated board on
2.21the effective date of the change. The participating boards must inform the appropriate
2.22legislative committees and the commissioner of management and budget of any change
2.23in the administrative management of the program, and the amount of any appropriation
2.24transferred under this provision.
2.25    (b) (c) The designated board, upon recommendation of the Health Professional
2.26Services Program Committee, commissioner of administration shall hire the program
2.27manager and employees and pay expenses of the program from funds appropriated for that
2.28purpose. The designated administering board commissioner of administration may apply
2.29for grants to pay program expenses and may enter into contracts on behalf of the program
2.30to carry out the purposes of the program. The participating boards shall enter into written
2.31agreements with the designated administering board commissioner of administration.
2.32    (c) (d) An advisory committee is established to advise the program committee
2.33consisting of:
2.34    (1) one member appointed by each of the following: the Minnesota Academy of
2.35Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
2.36Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
3.1Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
3.2Association of the professional associations whose members are eligible for health
3.3professionals services program services; and
3.4    (2) one member appointed by each of the professional associations of the other
3.5professions regulated by a participating board not specified in clause (1); and
3.6    (3) two public members, as defined by section 214.02.
3.7    Members of the advisory committee shall be appointed for two years and members
3.8may be reappointed.
3.9    Subd. 2. Services. (a) The program shall provide the following services to program
3.10participants:
3.11(1) referral of eligible regulated persons to qualified professionals for evaluation,
3.12treatment, and a written plan for continuing care consistent with the regulated person's
3.13illness. The referral shall take into consideration the regulated person's financial resources
3.14as well as specific needs;
3.15(2) development of individualized program participation agreements between
3.16participants and the program to meet the needs of participants and protect the public. An
3.17agreement may include, but need not be limited to, recommendations from the continuing
3.18care plan, practice monitoring, health monitoring, practice restrictions, random drug
3.19screening, support group participation, filing of reports necessary to document compliance,
3.20and terms for successful completion of the regulated person's program; and
3.21(3) monitoring of compliance by participants with individualized program
3.22participation agreements or board orders.
3.23(b) The program may develop services related to sections 214.31 to 214.37 for
3.24employers and colleagues of regulated persons from participating boards.
3.25    Subd. 3. Participant costs. Each program participant shall be responsible for
3.26paying for the costs of physical, psychosocial, or other related evaluation, treatment,
3.27laboratory monitoring, and random drug screens.
3.28    Subd. 4. Eligibility. Admission to the health professional services program is
3.29available to a person regulated by a participating board who is unable to practice with
3.30reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
3.31any other materials, or as a result of any mental, physical, or psychological condition.
3.32Admission in the health professional services program shall be denied to persons:
3.33(1) who have diverted controlled substances for other than self-administration;
3.34(2) who have been terminated from this or any other state professional services
3.35program for noncompliance in the program, unless referred by a participating board or the
3.36commissioner of health;
4.1(3) currently under a board disciplinary order or corrective action agreement, unless
4.2referred by a board;
4.3(4) regulated under sections 214.17 to 214.25, unless referred by a board or by the
4.4commissioner of health;
4.5(5) accused of sexual misconduct; or
4.6(6) (5) whose continued practice would create a serious risk of harm to the public.
4.7    Subd. 5. Completion; voluntary termination; discharge. (a) A regulated person
4.8completes the program when the terms of the program participation agreement are fulfilled.
4.9(b) A regulated person may voluntarily terminate participation in the health
4.10professionals service program at any time by reporting to the person's board which shall
4.11result in the program manager making a report to the regulated person's board under
4.12section 214.33, subdivision 3.
4.13(c) The program manager may choose to discharge a regulated person from the
4.14program and make a referral to the person's board at any time for reasons including but not
4.15limited to: the degree of cooperation and compliance by the regulated person, the inability
4.16to secure information or the medical records of the regulated person, or indication of other
4.17possible violations of the regulated person's practice act. The regulated person shall be
4.18notified in writing by the program manager of any change in the person's program status.
4.19A regulated person who has been terminated or discharged from the program may be
4.20referred back to the program for monitoring.

4.21    Sec. 4. Minnesota Statutes 2012, section 214.32, is amended by adding a subdivision
4.22to read:
4.23    Subd. 6. Duties of a health related licensing board. (a) Upon receiving notice from
4.24the program manager that a regulated person has been discharged due to noncompliance
4.25or voluntary withdrawal, when the appropriate licensing board has probable cause to
4.26believe continued practice by the regulated person presents an imminent risk of harm, the
4.27licensing board shall temporarily suspend the regulated person's professional license. The
4.28suspension shall take effect upon written notice to the regulated person and shall specify
4.29the reason for the suspension.
4.30(b) The suspension shall remain in effect until the appropriate licensing board
4.31completes an investigation and issues a final order in the matter after a hearing.
4.32(c) At the time it issues the suspension notice, the appropriate licensing board shall
4.33schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
4.34The regulated person shall be provided with at least 20 days' notice of any hearing held
5.1pursuant to this subdivision. The hearing shall be scheduled to being no later than 60
5.2days after issuance of the suspension order.

5.3    Sec. 5. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
5.4    Subd. 3. Program manager. (a) The program manager shall report to the
5.5appropriate participating board a regulated person who:
5.6(1) does not meet program admission criteria, ;
5.7(2) violates the terms of the program participation agreement, or ;
5.8(3) leaves the program except upon fulfilling the terms for successful completion
5.9of the program as set forth in the participation agreement;
5.10(4) is subject to the provisions of sections 214.17 to 214.25;
5.11(5) caused identifiable patient harm;
5.12(6) substituted or adulterated medications;
5.13(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
5.14name of a person or veterinary patient for personal use; or
5.15. The program manager shall report to the appropriate participating board a regulated
5.16person who (8) is alleged to have committed violations of the person's practice act that
5.17are outside the authority of the health professionals services program as described in
5.18sections 214.31 to 214.37.
5.19(b) The program manager shall inform any reporting person of the disposition of the
5.20person's report to the program.

5.21    Sec. 6. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
5.22Each health-related licensing board, including the Emergency Medical Services
5.23Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
5.24if a regulated person violates the terms of the health professionals services program
5.25participation agreement or leaves the program except upon fulfilling the terms for
5.26successful completion of the program as set forth in the participation agreement.

5.27    Sec. 7. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
5.28OF HARM.
5.29(a) Notwithstanding any provision of a health-related professional practice act,
5.30when a health-related licensing board or the commissioner of health receives a complaint
5.31regarding a regulated person and has probable cause to believe continued practice by the
5.32regulated person presents an imminent risk of harm, the licensing board or commissioner
5.33shall temporarily suspend the regulated person's professional license. The suspension
6.1shall take effect upon written notice to the regulated person and shall specify the reason
6.2for the suspension.
6.3(b) The suspension shall remain in effect until the appropriate licensing board or
6.4the commissioner completes an investigation and issues a final order in the matter after
6.5a hearing.
6.6(c) At the time it issues the suspension notice, the appropriate licensing board
6.7or commissioner shall schedule a disciplinary hearing to be held pursuant to the
6.8Administrative Procedure Act. The regulated person shall be provided with at least
6.920 days notice of any hearing held pursuant to this subdivision. The hearing shall be
6.10scheduled to being no later than 60 days after issuance of the suspension order.

6.11    Sec. 8. REVISOR'S INSTRUCTION.
6.12The revisor shall remove cross-references to the sections repealed in section 9
6.13wherever they appear in Minnesota Statutes and Minnesota Rules and make changes
6.14necessary to correct the punctuation, grammar, or structure of the remaining text and
6.15preserve its meaning.

6.16    Sec. 9. REPEALER.
6.17Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, are repealed.

6.18    Sec. 10. EFFECTIVE DATE.
6.19Sections 1 to 9 are effective July 1, 2014."
6.20Renumber the sections in sequence and correct the internal references
6.21Amend the title accordingly