(a) Notwithstanding any provision of a health-related professional practice act, when a health-related licensing board receives a complaint regarding a regulated person and has probable cause to believe that the regulated person has violated a statute or rule that the health-related licensing board is empowered to enforce, and continued practice by the regulated person presents an imminent risk of serious harm, the health-related licensing board shall issue an order temporarily suspending the regulated person's authority to practice. The temporary suspension order shall specify the reason for the suspension, including the statute or rule alleged to have been violated. The temporary suspension order shall take effect upon personal service on the regulated person or the regulated person's attorney, or upon the third calendar day after the order is served by first class mail to the most recent address provided to the health-related licensing board for the regulated person or the regulated person's attorney.
(b) The temporary suspension shall remain in effect until the health-related licensing board or the commissioner completes an investigation, holds a contested case hearing pursuant to the Administrative Procedure Act, and issues a final order in the matter as provided for in this section.
(c) At the time it issues the temporary suspension order, the health-related licensing board shall schedule a contested case hearing, on the merits of whether discipline is warranted, to be held pursuant to the Administrative Procedure Act. The regulated person shall be provided with at least ten days' notice of any contested case hearing held pursuant to this section. The contested case hearing shall be scheduled to begin no later than 30 days after the effective service of the temporary suspension order.
(d) The administrative law judge presiding over the contested case hearing shall issue a report and recommendation to the health-related licensing board no later than 30 days after the final day of the contested case hearing. If the administrative law judge's report and recommendations are for no action, the health-related licensing board shall issue a final order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative law judge's report and recommendations. If the administrative law judge's report and recommendations are for action, the health-related licensing board shall issue a final order pursuant to sections 14.61 and 14.62 within 60 days of receipt of the administrative law judge's report and recommendations. Except as provided in paragraph (e), if the health-related licensing board has not issued a final order pursuant to sections 14.61 and 14.62 within 30 days of receipt of the administrative law judge's report and recommendations for no action or within 60 days of receipt of the administrative law judge's report and recommendations for action, the temporary suspension shall be lifted.
(e) If the regulated person requests a delay in the contested case proceedings provided for in paragraphs (c) and (d) for any reason, the temporary suspension shall remain in effect until the health-related licensing board issues a final order pursuant to sections 14.61 and 14.62.
(f) This section shall not apply to the Office of Unlicensed Complementary and Alternative Health Practice established under section 146A.02. The commissioner of health shall conduct temporary suspensions for complementary and alternative health care practitioners in accordance with section 146A.09.
2014 c 291 art 4 s 46; 2016 c 125 s 10; 2019 c 49 s 5
Structure Minnesota Statutes
Chapters 214 - 215 — Examining And Licensing Boards
Chapter 214 — Examining And Licensing Boards
Section 214.001 — Policy And Regulation.
Section 214.002 — Evidence In Support Of Regulation.
Section 214.02 — Public Member, Defined.
Section 214.025 — Council Of Health Boards.
Section 214.03 — Standardized Tests.
Section 214.035 — Licensing Disqualifications; Preliminary Applications; Reports.
Section 214.045 — Coordination With Professional Educator Licensing And Standards Board.
Section 214.055 — Fees To Recover Expenditures.
Section 214.06 — Fees; License Renewals.
Section 214.071 — Health Boards; Directory Of Licensees.
Section 214.072 — Health-related Licensing Boards; Website.
Section 214.073 — Health-related Licensing Boards; Authority.
Section 214.075 — Health-related Licensing Boards; Criminal Background Checks.
Section 214.077 — Temporary License Suspension; Imminent Risk Of Serious Harm.
Section 214.09 — Membership; Compensation; Removal; Vacancies.
Section 214.10 — Complaint, Investigation, And Hearing.
Section 214.101 — Child Support; Suspension Of License.
Section 214.103 — Health-related Licensing Boards; Complaint, Investigation, And Hearing.
Section 214.104 — Health-related Licensing Boards; Substantiated Maltreatment.
Section 214.105 — Health-related Licensing Boards; Default On Federal Loans Or Service Obligations.
Section 214.106 — Health-related Boards; Response To Insurance Fraud.
Section 214.107 — Health-related Licensing Boards Administrative Services Unit.
Section 214.108 — Health-related Licensing Boards; Licensee Guidance.
Section 214.109 — Record Keeping.
Section 214.11 — Additional Remedy.
Section 214.12 — Continuing Education.
Section 214.121 — Price Disclosure Reminder.
Section 214.122 — Information Provision; Pharmaceutical Assistance Programs.
Section 214.13 — Human Services Occupations.
Section 214.131 — Commissioner Cease And Desist Authority; Noncompliance.
Section 214.15 — Trade Regulation.
Section 214.16 — Data Collection; Health Care Provider Tax.
Section 214.25 — Data Privacy.
Section 214.28 — Diversion Program.
Section 214.29 — Program Required.
Section 214.32 — Program Operations And Responsibilities.
Section 214.35 — Classification Of Data.
Section 214.355 — Grounds For Disciplinary Action.