1.2relating to health occupations; changing provisions for licensing of optometrists,
1.3doctors, and chiropractors;amending Minnesota Statutes 2012, sections 147.091,
1.4subdivision 1a; 148.10, subdivision 7; 148.52; 148.54; 148.57; 148.574; 148.575;
1.5148.577; 148.59; 148.603; Minnesota Statutes 2013 Supplement, section 364.09;
1.6proposing coding for new law in Minnesota Statutes, chapter 148; repealing
1.7Minnesota Statutes 2012, sections 148.571; 148.572; 148.573, subdivision 1;
1.8148.576, subdivisions 1, 2; 151.37, subdivision 11.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2012, section 147.091, subdivision 1a, is amended to read:
1.11    Subd. 1a. Conviction of a felony-level criminal sexual conduct offense. (a) The
1.12board may not grant a license to practice medicine to any person who has been convicted
1.13of a felony-level criminal sexual conduct offense Except as provided in paragraph (e),
1.14the board may not grant or renew a license to practice medicine to any person who has
1.15been convicted of any of the provisions of sections 609.342, subdivision 1, 609.343,
1.16subdivision 1 , 609.344, subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1,
1.17paragraphs (c) to (o), or a similar statute in another jurisdiction.
1.18(b) A license to practice medicine is automatically revoked if the licensee is
1.19convicted of a felony-level criminal sexual conduct offense A license to practice medicine
1.20is automatically revoked if the licensee is convicted of an offense listed in paragraph
1.21(a) of this section.
1.22(c) A license that has been denied or revoked pursuant to this subdivision is not
1.23subject to chapter 364 A license to practice medicine that has been denied or revoked
1.24under this subdivision is not subject to chapter 364.
1.25(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
1.26guilty by a jury, or a finding of guilty by the court, and "criminal sexual conduct offense"
2.1means a violation of sections 609.342 to 609.345 or a similar statute in another jurisdiction
2.2 For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of guilty by
2.3a jury, or a finding of guilty by the court, unless the court stays imposition or execution of
2.4the sentence and final disposition of the case is accomplished at a nonfelony level.
2.5(e) The board may establish criteria whereby an individual convicted of an offense
2.6listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
2.7(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
2.8(2) provide a standard for overcoming the presumption; and
2.9(3) require that a minimum of ten years has elapsed since the applicant's sentence
2.10was discharged.
2.11The board shall not consider an application under this paragraph if the board
2.12determines that the victim involved in the offense was a patient or a client of the applicant
2.13at the time of the offense.

2.14    Sec. 2. Minnesota Statutes 2012, section 148.10, subdivision 7, is amended to read:
2.15    Subd. 7. Conviction of a felony-level criminal sexual conduct offense. (a) Except
2.16as provided in paragraph (e), the board shall not grant or renew a license to practice
2.17chiropractic to any person who has been convicted on or after August 1, 2010, of any
2.18of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
2.19subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) (c) to (o),
2.20or a similar statute in another jurisdiction.
2.21(b) A license to practice chiropractic is automatically revoked if the licensee is
2.22convicted of an offense listed in paragraph (a) of this section.
2.23(c) A license to practice chiropractic that has been denied or revoked under this
2.24subdivision is not subject to chapter 364.
2.25(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
2.26guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
2.27execution of the sentence and final disposition of the case is accomplished at a nonfelony
2.28level.
2.29(e) The board may establish criteria whereby an individual convicted of an offense
2.30listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
2.31(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
2.32credentialing;
2.33(2) provide a standard for overcoming the presumption; and
3.1(3) require that a minimum of ten years has elapsed since the applicant was released
3.2from any incarceration or supervisory jurisdiction related to the offense applicant's
3.3sentence was discharged.
3.4The board shall not consider an application under this paragraph if the board
3.5determines that the victim involved in the offense was a patient or a client of the applicant
3.6at the time of the offense.

3.7    Sec. 3. Minnesota Statutes 2012, section 148.52, is amended to read:
3.8148.52 BOARD OF OPTOMETRY.
3.9The Board of Optometry shall consist of two public members as defined by section
3.10214.02 and five qualified Minnesota licensed optometrists appointed by the governor.
3.11Membership terms, compensation of members, removal of members, the filling of
3.12membership vacancies, and fiscal year and reporting requirements shall be as provided in
3.13sections 214.07 to 214.09.
3.14The provision of staff, administrative services and office space; the review and
3.15processing of complaints; the setting of board fees; and other provisions relating to board
3.16operations shall be as provided in chapter 214.

3.17    Sec. 4. Minnesota Statutes 2012, section 148.54, is amended to read:
3.18148.54 BOARD; SEAL.
3.19The Board of Optometry shall elect from among its members a president, vice
3.20president, and secretary and may adopt a seal.

3.21    Sec. 5. Minnesota Statutes 2012, section 148.57, is amended to read:
3.22148.57 LICENSE.
3.23    Subdivision 1. Examination. (a) A person not authorized to practice optometry in
3.24the state and desiring to do so shall apply to the state Board of Optometry by filling out
3.25and swearing to an application for a license granted by the board and accompanied by a
3.26fee in an amount of $87. With the submission of the application form, the candidate shall
3.27prove that the candidate:
3.28(1) is of good moral character;
3.29(2) has obtained a clinical doctorate degree from a board-approved school or college
3.30of optometry, or is currently enrolled in the final year of study at such an institution; and
3.31(3) has passed all parts of an examination.
4.1(b) The examination shall include both a written portion and a clinical practical
4.2portion and shall thoroughly test the fitness of the candidate to practice in this state. In
4.3regard to the written and clinical practical examinations, the board may:
4.4(1) prepare, administer, and grade the examination itself;
4.5(2) recognize and approve in whole or in part an examination prepared, administered
4.6and graded by a national board of examiners in optometry; or
4.7(3) administer a recognized and approved examination prepared and graded by or
4.8under the direction of a national board of examiners in optometry.
4.9(c) The board shall issue a license to each applicant who satisfactorily passes the
4.10examinations and fulfills the other requirements stated in this section and section 148.575
4.11for board certification for the use of legend drugs. Applicants for initial licensure do not
4.12need to apply for or possess a certificate as referred to in sections 148.571 to 148.574. The
4.13fees mentioned in this section are for the use of the board and in no case shall be refunded.
4.14    Subd. 2. Endorsement. (a) An optometrist who holds a current license from another
4.15state, and who has practiced in that state not less than three years immediately preceding
4.16application, may apply for licensure in Minnesota by filling out and swearing to an
4.17application for license by endorsement furnished by the board. The completed application
4.18with all required documentation shall be filed at the board office along with a fee of $87.
4.19The application fee shall be for the use of the board and in no case shall be refunded.
4.20(b) To verify that the applicant possesses the knowledge and ability essential to the
4.21practice of optometry in this state, the applicant must provide evidence of:
4.22(1) having obtained a clinical doctorate degree from a board-approved school
4.23or college of optometry;
4.24(2) successful completion of both written and practical examinations for licensure in
4.25the applicant's original state of licensure that thoroughly tested the fitness of the applicant
4.26to practice;
4.27(3) successful completion of an examination of Minnesota state optometry laws;
4.28(4) compliance with the requirements for board certification in section 148.575;
4.29(5) compliance with all continuing education required for license renewal in every
4.30state in which the applicant currently holds an active license to practice; and
4.31(6) being in good standing with every state board from which a license has been
4.32issued.
4.33(c) Documentation from a national certification system or program, approved by
4.34the board, which supports any of the listed requirements, may be used as evidence. The
4.35applicant may then be issued a license if the requirements for licensure in the other state
4.36are deemed by the board to be equivalent to those of sections 148.52 to 148.62.
5.1    Subd. 3. Revocation, suspension. The board may revoke the license or suspend
5.2or restrict the right to practice of any person who has been convicted of any violation of
5.3sections 148.52 to 148.62 or of any other criminal offense, or who violates any provision
5.4of sections 148.571 to 148.576 or who is found by the board to be incompetent or guilty
5.5of unprofessional conduct. "Unprofessional conduct" means any conduct of a character
5.6likely to deceive or defraud the public, including, among other things, free examination
5.7advertising, the loaning of a license by any licensed optometrist to any person; the
5.8employment of "cappers" or "steerers" to obtain business; splitting or dividing a fee with
5.9any person; the obtaining of any fee or compensation by fraud or misrepresentation;
5.10employing directly or indirectly any suspended or unlicensed optometrist to perform any
5.11work covered by sections 148.52 to 148.62; the advertising by any means of optometric
5.12practice or treatment or advice in which untruthful, improbable, misleading, or impossible
5.13statements are made. After one year, upon application and proof that the disqualification
5.14has ceased, the board may reinstate such person.
5.15    Subd. 4. Peddling or canvassing forbidden. Every licensed optometrist who
5.16shall temporarily practice optometry outside or away from the regular registered place
5.17of business shall display the license and deliver to each customer or person there
5.18fitted or supplied with glasses a receipt or record which shall contain the signature,
5.19permanent registered place of business or post office address, and number of license of
5.20the optometrist, together with the amount charged therefor, but nothing contained in this
5.21section shall be construed as to permit peddling or canvassing by licensed optometrists.
5.22    Subd. 5. Change of address. A person regulated by the board shall maintain a
5.23current name and address with the board and shall notify the board in writing within 30
5.24days of any change in name or address. If a name change only is requested, the regulated
5.25person must request revised credentials and return the current credentials to the board.
5.26The board may require the regulated person to substantiate the name change by submitting
5.27official documentation from a court of law or agency authorized under law to receive and
5.28officially record a name change. If an address change only is requested, no request for
5.29revised credentials is required. If the regulated person's current credentials have been lost,
5.30stolen, or destroyed, the person shall provide a written explanation to the board.

5.31    Sec. 6. Minnesota Statutes 2012, section 148.574, is amended to read:
5.32148.574 PROHIBITIONS RELATING TO LEGEND DRUGS;
5.33AUTHORIZING SALES BY PHARMACISTS UNDER CERTAIN CONDITIONS.
5.34    An optometrist shall not purchase, possess, administer, prescribe or give any legend
5.35drug as defined in section 151.01 or 152.02 to any person except as is expressly authorized
6.1by sections 148.571 to 148.577. Nothing in chapter 151 shall prevent a pharmacist from
6.2selling topical ocular drugs to an optometrist authorized to use such drugs according to
6.3sections 148.571 to 148.577. Notwithstanding sections 151.37 and 152.12, an optometrist
6.4is prohibited from dispensing legend drugs at retail, unless the legend drug is within the
6.5scope designated in section 148.56, subdivision 1, and is administered to the eye through
6.6an ophthalmic good as defined in section 145.711, subdivision 4.

6.7    Sec. 7. Minnesota Statutes 2012, section 148.575, is amended to read:
6.8148.575 CERTIFICATE REQUIRED REQUIREMENT FOR USE OF
6.9TOPICAL LEGEND DRUGS.
6.10    Subdivision 1. Certificate required for use of legend drugs. A licensed optometrist
6.11must be board certified to use legend drugs for therapy under section 148.576.
6.12    Subd. 2. Board certified Requirements defined. "Board certified" means that A
6.13licensed optometrist has been issued a certificate by the Board of Optometry certifying
6.14that the optometrist has complied shall comply with the following requirements for the use
6.15of legend drugs described in section 148.576:
6.16(1) successful completion of at least 60 hours of study in general and ocular
6.17pharmacology emphasizing drugs used for examination or treatment purposes, their
6.18systemic effects and management or referral of adverse reactions;
6.19(2) (1) successful completion of at least 100 hours of study in the examination,
6.20diagnosis, and treatment of conditions of the human eye with legend drugs;
6.21(3) (2) successful completion of two years of supervised clinical experience in
6.22differential diagnosis of eye disease or disorders as part of optometric training or one year
6.23of that experience and ten years of actual clinical experience as a licensed optometrist; and
6.24(4) (3) successful completion of a nationally standardized examination approved or
6.25administered by the board on the subject of treatment and management of ocular disease.
6.26    Subd. 3. Display of certificate required. A certificate issued under this section
6.27to a licensed optometrist by the Board of Optometry supersedes any previously issued
6.28certificate limited to topical ocular drugs described in sections 148.571 to 148.574 and
6.29must be displayed in a prominent place in the licensed optometrist's office.
6.30    Subd. 4. Accreditation of courses. The Board of Optometry may approve courses
6.31of study in general or ocular pharmacology and examination, diagnosis, and treatment
6.32of conditions of the human eye only if they are taught by an institution that meets the
6.33following criteria:
6.34(1) the institution has facilities for both didactic and clinical instruction in
6.35pharmacology and ocular disease treatment;
7.1(2) the institution certifies to the Board of Optometry that the course of instruction is
7.2comparable in content to courses of instruction required by other health-related licensing
7.3boards whose license holders or registrants are permitted to administer pharmaceutical
7.4agents in their professional practice for either diagnostic or therapeutic purposes or
7.5both; and
7.6(3) the institution is accredited by a regional or professional accrediting organization
7.7recognized by the Council for Higher Education Accreditation or its successor agency.
7.8    Subd. 5. Notice to Board of Pharmacy. The Board of Optometry shall notify the
7.9Board of Pharmacy of each licensed optometrist who meets the certification requirements
7.10in this section.
7.11    Subd. 6. Board certification required. Optometrists who were licensed in this state
7.12prior to August 1, 2007, must have met the board certification requirements under this
7.13section by August 1, 2012, in order to renew their license.

7.14    Sec. 8. Minnesota Statutes 2012, section 148.577, is amended to read:
7.15148.577 STANDARD OF CARE.
7.16A licensed optometrist who is board certified under section 148.575 is held to the
7.17same standard of care in the use of those legend drugs as physicians licensed by the state
7.18of Minnesota.

7.19    Sec. 9. Minnesota Statutes 2012, section 148.59, is amended to read:
7.20148.59 LICENSE RENEWAL; FEE LICENSE AND REGISTRATION FEES.
7.21A licensed optometrist shall pay to the state Board of Optometry a fee as set by the
7.22board in order to renew a license as provided by board rule.
7.23Listed fees may not exceed the following amounts but may be adjusted lower per
7.24board direction and are for the exclusive use of the board. No fees shall be refunded.
7.25(1) Optometry licensure application, $160.
7.26(2) Optometry annual licensure renewal, $135.
7.27(3) Optometry late penalty fee, $75.
7.28(4) Annual license renewal card, $10.
7.29(5) CE provider application, $45.
7.30(6) Emeritus registration, $10.
7.31(7) Endorsement/reciprocity application, $160.
7.32(8) Replacement of initial license, $12.
7.33(9) License verification, $50.

8.1    Sec. 10. Minnesota Statutes 2012, section 148.603, is amended to read:
8.2148.603 FORMS OF GROUNDS FOR DISCIPLINARY ACTIONS ACTION.
8.3    Subdivision 1. Grounds listed. When grounds exist under section 148.57,
8.4subdivision 3 , or other statute or rule which the board is authorized to enforce, the board
8.5may take one or more of the following disciplinary actions, provided that disciplinary or
8.6corrective action may not be imposed by the board on any regulated person except after a
8.7contested case hearing conducted pursuant to chapter 14 or by consent of the parties:
8.8(1) deny an application for a credential;
8.9(2) revoke the regulated person's credential;
8.10(3) suspend the regulated person's credential;
8.11(4) impose limitations on the regulated person's credential;
8.12(5) impose conditions on the regulated person's credential;
8.13(6) censure or reprimand the regulated person;
8.14(7) impose a civil penalty not exceeding $10,000 for each separate violation, the
8.15amount of the civil penalty to be fixed so as to deprive the person of any economic
8.16advantage gained by reason of the violation or to discourage similar violations or to
8.17reimburse the board for the cost of the investigation and proceeding. For purposes of
8.18this section, the cost of the investigation and proceeding may include, but is not limited
8.19to, fees paid for services provided by the Office of Administrative Hearings, legal and
8.20investigative services provided by the Office of the Attorney General, court reporters,
8.21witnesses, reproduction of records, board members' per diem compensation, board staff
8.22time, and travel costs and expenses incurred by board staff and board members; or
8.23(8) when grounds exist under section 148.57, subdivision 3, or a board rule, enter
8.24into an agreement with the regulated person for corrective action which may include
8.25requiring the regulated person:
8.26(i) to complete an educational course or activity;
8.27(ii) to submit to the executive director or designated board member a written
8.28protocol or reports designed to prevent future violations of the same kind;
8.29(iii) to meet with a board member or board designee to discuss prevention of future
8.30violations of the same kind; or
8.31(iv) to perform other action justified by the facts.
8.32Listing the measures in clause (8) does not preclude the board from including
8.33them in an order for disciplinary action. The board may refuse to grant a license or
8.34may impose disciplinary action as described in section 148.607 against any optometrist
8.35for the following:
9.1(1) failure to demonstrate the qualifications or satisfy the requirements for a license
9.2contained in this chapter or rules of the board. The burden of proof shall be upon the
9.3applicant to demonstrate such qualifications or satisfaction of such requirements;
9.4(2) obtaining a license by fraud or cheating, or attempting to subvert the licensing
9.5examination process. Conduct which subverts or attempts to subvert the licensing
9.6examination process includes, but is not limited to: (i) conduct which violates the
9.7security of the examination materials, such as removing examination materials from the
9.8examination room or having unauthorized possession of any portion of a future, current, or
9.9previously administered licensing examination; (ii) conduct which violates the standard of
9.10test administration, such as communicating with another examinee during administration
9.11of the examination, copying another examinee's answers, permitting another examinee
9.12to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
9.13examinee or permitting an impersonator to take the examination on one's own behalf;
9.14(3) conviction, during the previous five years, of a felony or gross misdemeanor,
9.15reasonably related to the practice of optometry. Conviction as used in this subdivision
9.16shall include a conviction of an offense which if committed in this state would be deemed
9.17a felony or gross misdemeanor without regard to its designation elsewhere, or a criminal
9.18proceeding where a finding or verdict of guilt is made or returned but the adjudication of
9.19guilt is either withheld or not entered thereon;
9.20(4) revocation, suspension, restriction, limitation, or other disciplinary action against
9.21the person's optometry license in another state or jurisdiction, failure to report to the
9.22board that charges regarding the person's license have been brought in another state or
9.23jurisdiction, or having been refused a license by any other state or jurisdiction;
9.24(5) advertising which is false or misleading, which violates any rule of the board,
9.25or which claims without substantiation the positive cure of any disease, or professional
9.26superiority to or greater skill than that possessed by another optometrist;
9.27(6) violating a rule promulgated by the board or an order of the board, a state or
9.28federal law, which relates to the practice of optometry, or a state or federal narcotics or
9.29controlled substance law;
9.30(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
9.31the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
9.32of a patient; or practice of optometry which is professionally incompetent, in that it may
9.33create unnecessary danger to any patient's life, health, or safety, in any of which cases,
9.34proof of actual injury need not be established;
9.35(8) failure to supervise an optometrist's assistant or failure to supervise an
9.36optometrist under any agreement with the board;
10.1(9) aiding or abetting an unlicensed person in the practice of optometry, except that
10.2it is not a violation of this paragraph for an optometrist to employ, supervise, or delegate
10.3functions to a qualified person who may or may not be required to obtain a license or
10.4registration to provide health services if that person is practicing within the scope of that
10.5person's license or registration or delegated authority;
10.6(10) adjudication as mentally incompetent, mentally ill, or developmentally
10.7disabled, or as a chemically dependent person, a person dangerous to the public, a sexually
10.8dangerous person, or a person who has a sexual psychopathic personality by a court of
10.9competent jurisdiction, within or without this state. Such adjudication shall automatically
10.10suspend a license for the duration thereof unless the board orders otherwise;
10.11(11) engaging in unprofessional conduct which includes any departure from or the
10.12failure to conform to the minimal standards of acceptable and prevailing practice in which
10.13proceeding actual injury to a patient need not be established;
10.14(12) inability to practice optometry with reasonable skill and safety to patients
10.15by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of
10.16material or as a result of any mental or physical condition, including deterioration through
10.17the aging process or loss of motor skills;
10.18(13) revealing a privileged communication from or relating to a patient except when
10.19otherwise required or permitted by law;
10.20(14) improper management of medical records, including failure to maintain
10.21adequate medical records, to comply with a patient's request made pursuant to sections
10.22144.291 to 144.298 or to furnish a medical record or report required by law;
10.23(15) fee splitting, including without limitation:
10.24(i) paying, offering to pay, receiving, or agreeing to receive a commission, rebate, or
10.25remuneration, directly or indirectly, primarily for the referral of patients or the prescription
10.26of drugs or devices; and
10.27(ii) dividing fees with another optometrist, other health care provider, or a
10.28professional corporation, unless the division is in proportion to the services provided
10.29and the responsibility assumed by each professional and the optometrist has disclosed
10.30the terms of the division;
10.31(16) engaging in abusive or fraudulent billing practices, including violations of the
10.32federal Medicare and Medicaid laws or state medical assistance laws;
10.33(17) becoming addicted or habituated to a drug or intoxicant;
10.34(18) prescribing a drug or device for other than accepted therapeutic or experimental
10.35or investigative purposes authorized by the state or a federal agency;
11.1(19) engaging in conduct with a patient which is sexual or may reasonably be
11.2interpreted by the patient as sexual, or in any verbal behavior which is seductive or
11.3sexually demeaning to a patient;
11.4(20) failure to make reports as required by section 148.604 or to cooperate with an
11.5investigation of the board as required by section 148.606;
11.6(21) knowingly providing false or misleading information that is directly related
11.7to the care of that patient unless done for an accepted therapeutic purpose such as the
11.8administration of a placebo; and
11.9(22) practice of a board-regulated profession under lapsed or nonrenewed credentials.
11.10    Subd. 2. Conviction of a felony-level criminal sexual offense. (a) Except as
11.11provided in paragraph (e), the board may not grant or renew a license to practice optometry
11.12to any person who has been convicted of any of the provisions of sections 609.342,
11.13subdivision 1, 609.343, subdivision 1, 609.344, subdivision 1, paragraphs (c) to (o), or
11.14609.345, subdivision 1, paragraphs (c) to (o), or a similar statute in another jurisdiction.
11.15(b) A license to practice optometry is automatically revoked if the licensee is
11.16convicted of an offense listed in paragraph (a) of this section.
11.17(c) A license to practice optometry that has been denied or revoked under this
11.18subdivision is not subject to chapter 364.
11.19(d) For purposes of this subdivision, "conviction" means a plea of guilty, a verdict of
11.20guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
11.21execution of the sentence and final disposition of the case is accomplished at a nonfelony
11.22level.
11.23(e) The board may establish criteria whereby an individual convicted of an offense
11.24listed in paragraph (a) of this subdivision may become licensed provided that the criteria:
11.25(1) utilize a rebuttable presumption that the applicant is not suitable for licensing;
11.26(2) provide a standard for overcoming the presumption; and
11.27(3) require that a minimum of ten years has elapsed since the applicant's sentence
11.28was discharged.
11.29The board shall not consider an application under this paragraph if the board
11.30determines that the victim involved in the offense was a patient or a client of the applicant
11.31at the time of the offense.
11.32    Subd. 3. Automatic suspension. (a) A license to practice optometry is
11.33automatically suspended if (1) a guardian of a licensee is appointed by order of a court
11.34pursuant to sections 524.5-101 to 524.5-502, for reasons other than the minority of the
11.35licensee; or (2) the licensee is committed by order of a court pursuant to chapter 253B.
12.1The license remains suspended until the licensee is restored to capacity by a court and,
12.2upon petition by the licensee, the suspension is terminated by the board after a hearing.
12.3(b) Upon notice to the board of a judgment of, or a plea of guilty to, a felony
12.4reasonably related to the practice of optometry, the license of the regulated person shall be
12.5automatically suspended by the board. The license shall remain suspended until, upon
12.6petition by the regulated person and after a hearing, the suspension is terminated by the
12.7board. The board shall indefinitely suspend or revoke the credentials of the regulated
12.8person if, after a hearing, the board finds that the felonious conduct would cause a serious
12.9risk of harm to the public.
12.10(c) For licenses that have been suspended or revoked pursuant to paragraphs (a) and
12.11(b), the regulated person may be reinstated to practice, either with or without restrictions,
12.12by demonstrating clear and convincing evidence of rehabilitation, as provided in section
12.13364.03. If the regulated person's conviction is subsequently overturned by court decision,
12.14the board shall conduct a hearing to review the suspension within 30 days after receipt
12.15of the court decision. The regulated person is not required to prove rehabilitation if the
12.16subsequent court decisions overturns previous court findings of public risk.
12.17(d) The board may, upon majority vote of a quorum of its members, suspend the
12.18license of a regulated person without a hearing if the regulated person fails to maintain a
12.19current name and address with the board, as described in paragraph (e), while the regulated
12.20person is: (1) under board investigation, and a notice of conference has been issued by the
12.21board; (2) party to a contested case with the board; (3) party to an agreement for corrective
12.22action with the board; or (4) under a board order for disciplinary action. The suspension
12.23shall remain in effect until lifted by the board pursuant to the board's receipt of a petition
12.24from the regulated person, along with the regulated person's current name and address.
12.25    Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
12.26qualification, or restriction of a license or registration shall be in effect pending
12.27determination of an appeal unless the court, upon petition and for good cause shown,
12.28shall otherwise order.
12.29    Subd. 5. Conditions on reissued license. In its discretion, the board may restore
12.30and reissue a license to practice optometry, but as a condition may impose any disciplinary
12.31or corrective measure that the board might originally have imposed.
12.32    Subd. 6. Temporary suspension of license. In addition to any other remedy
12.33provided by law, the board may, without a hearing, temporarily suspend the license of an
12.34optometrist if the board finds that the optometrist has violated a statute or rule which the
12.35board is empowered to enforce and continued practice by the optometrist would create a
12.36serious risk of harm to the public. The suspension shall take effect upon written notice to
13.1the optometrist, specifying the statute or rule violated. The suspension shall remain in
13.2effect until the board issues a final order in the matter after a hearing. At the time it issues
13.3the suspension notice, the board shall schedule a disciplinary hearing to be held according
13.4to sections 14.57 to 14.62. The optometrist shall be provided with at least 20 days' notice
13.5of any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin
13.6no later than 90 days after the issuance of the suspension order.
13.7    Subd. 7. Evidence. In disciplinary actions alleging a violation of subdivision
13.81, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court
13.9administrator or of the administrative agency which entered the same shall be admissible
13.10into evidence without further authentication and shall constitute prima facie evidence
13.11of the contents thereof.
13.12    Subd. 8. Mental examination; access to medical data. (a) If the board has
13.13probable cause to believe that a regulated person comes under subdivision 1, clause (10),
13.14(12), or (17), it may direct the person to submit to a mental or physical examination. For
13.15the purpose of this subdivision, every regulated person is deemed to have consented
13.16to submit to a mental or physical examination when directed in writing by the board
13.17and further to have waived all objections to the admissibility of the examining health
13.18professionals' testimony or examination reports on the grounds that the same constitute
13.19a privileged communication. Failure of a regulated person to submit to an examination
13.20when directed constitutes an admission of the allegations against the person, unless the
13.21failure was due to circumstances beyond the person's control, in which case a default and
13.22final order may be entered without the taking of testimony or presentation of evidence.
13.23A regulated person affected under this paragraph shall at reasonable intervals be given
13.24an opportunity to demonstrate that the person can resume the competent practice of the
13.25regulated profession with reasonable skill and safety to the public.
13.26In any proceeding under this paragraph, neither the record of proceedings nor the
13.27orders entered by the board shall be used against a regulated person in any other proceeding.
13.28(b) In addition to ordering a physical or mental examination, the board may,
13.29notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
13.30other health data, obtain medical data and health records relating to a regulated person
13.31or applicant without the person's or applicant's consent if the board has probable cause
13.32to believe that a regulated person comes under subdivision 1, clause (10), (12), or (17).
13.33The medical data may be requested from a provider, as defined in section 144.291,
13.34subdivision 2, paragraph (h), an insurance company, or a government agency, including
13.35the Department of Human Services. A provider, insurance company, or government
13.36agency shall comply with any written request of the board under this subdivision and is not
14.1liable in any action for damages for releasing the data requested by the board if the data
14.2are released pursuant to a written request under this subdivision, unless the information
14.3is false and the provider giving the information knew, or had reason to believe, the
14.4information was false. Information obtained under this subdivision is classified as private
14.5data under sections 13.01 to 13.87.

14.6    Sec. 11. [148.604] REPORTING OBLIGATIONS.
14.7    Subdivision 1. Permission to report. A person who has knowledge of any conduct
14.8constituting grounds for discipline under sections 148.52 to 148.62 may report the
14.9violation to the board.
14.10    Subd. 2. Institutions. Any hospital, clinic, prepaid medical plan, or other health
14.11care institution or organization located in this state shall report to the board any action
14.12taken by the institution or organization or any of its administrators or medical or other
14.13committees to revoke, suspend, restrict, or condition an optometrist's privilege to practice
14.14or treat patients in the institution, or as part of the organization, any denial of privileges,
14.15or any other disciplinary action. The institution or organization shall also report the
14.16resignation of any optometrist prior to the conclusion of any disciplinary proceeding, or
14.17prior to the commencement of formal charges but after the optometrist had knowledge
14.18that formal charges were contemplated or in preparation. Each report made under this
14.19subdivision must state the nature of the action taken, state in detail the reasons for the
14.20action, and identify the specific patient medical records upon which the action was based.
14.21No report shall be required of an optometrist voluntarily limiting the practice of the
14.22optometrist at a hospital provided that the optometrist notifies all hospitals at which the
14.23optometrist has privileges of the voluntary limitation and the reasons for it.
14.24    Subd. 3. Licensed professionals. A licensed health professional shall report
14.25to the board personal knowledge of any conduct which the person reasonably believes
14.26constitutes grounds for disciplinary action under sections 148.52 to 148.62 by any
14.27optometrist, including any conduct indicating that the person may be incompetent, may
14.28have engaged in unprofessional conduct, or may be physically unable to engage safely in
14.29the practice of optometry.
14.30    Subd. 4. Self-reporting. An optometrist shall report to the board any personal
14.31action which would require that a report be filed with the board by any person, health care
14.32facility, business, or organization pursuant to subdivisions 2 and 3.
14.33    Subd. 5. Deadlines; forms. Reports required by subdivisions 2 to 4 must be
14.34submitted not later than 30 days after the occurrence of the reportable event or transaction.
14.35The board may provide forms for the submission of reports required by this section, may
15.1require that reports be submitted on the forms provided, and may adopt rules necessary
15.2to ensure prompt and accurate reporting.
15.3    Subd. 6. Subpoenas. The board may issue subpoenas for the production of any
15.4reports required by subdivisions 2 to 4 or any related documents.

15.5    Sec. 12. [148.605] IMMUNITY.
15.6    Subdivision 1. Reporting. Any person, health care facility, business, or organization
15.7is immune from civil liability or criminal prosecution for submitting a report to the board
15.8pursuant to section 148.604 or for otherwise reporting to the board violations or alleged
15.9violations of section 148.603, if they are acting in good faith.
15.10    Subd. 2. Investigation; indemnification. (a) Members of the board, persons
15.11employed by the board, consultants retained by the board for the purpose of investigation
15.12of violations, the preparation of charges, and management of board orders on behalf
15.13of the board, are immune from civil liability and criminal prosecution for any actions,
15.14transactions, or publications in the execution of, or relating to, their duties under sections
15.15148.52 to 148.62, if they are acting in good faith.
15.16(b) Members of the board and persons employed by the board or engaged in
15.17maintaining records and making reports regarding adverse health care events are immune
15.18from civil liability and criminal prosecution for any actions, transactions, or publications
15.19in the execution of, or relating to, their duties under sections 148.52 to 148.62, if they
15.20are acting in good faith.
15.21(c) For purposes of this section, a member of the board or a consultant described in
15.22paragraph (a) is considered a state employee under section 3.736, subdivision 9.

15.23    Sec. 13. [148.606] OPTOMETRIST COOPERATION.
15.24An optometrist who is the subject of an investigation by or on behalf of the board
15.25shall cooperate fully with the investigation. Cooperation includes responding fully and
15.26promptly to any question raised by or on behalf of the board relating to the subject of the
15.27investigation and providing copies of patient medical records, as reasonably requested
15.28by the board, to assist the board in its investigation. If the board does not have written
15.29consent from a patient permitting access to the patient's records, the optometrist shall
15.30delete any data in the record which identifies the patient before providing it to the board.
15.31The board shall maintain any records obtained pursuant to this section as investigative
15.32data pursuant to chapter 13.

15.33    Sec. 14. [148.607] DISCIPLINARY ACTIONS.
16.1When the board finds that a licensed optometrist under section 148.57 has violated a
16.2provision or provisions of sections 148.52 to 148.62, it may do one or more of the following:
16.3(1) revoke the license;
16.4(2) suspend the license;
16.5(3) impose limitations or conditions on the optometrist's practice of optometry,
16.6including the limitation of scope of practice to designated field specialties; the imposition
16.7of retraining or rehabilitation requirements; the requirement of practice under supervision;
16.8or the conditioning of continued practice on demonstration of knowledge or skills by
16.9appropriate examination or other review of skill and competence;
16.10(4) impose a civil penalty not exceeding $10,000 for each separate violation, the
16.11amount of the civil penalty to be fixed so as to deprive the optometrist of any economic
16.12advantage gained by reason of the violation charged or to reimburse the board for the cost
16.13of the investigation and proceeding; and
16.14(5) censure or reprimand the licensed optometrist.

16.15    Sec. 15. Minnesota Statutes 2013 Supplement, section 364.09, is amended to read:
16.16364.09 EXCEPTIONS.
16.17(a) This chapter does not apply to the licensing process for peace officers; to law
16.18enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
16.19protection agencies; to eligibility for a private detective or protective agent license; to the
16.20licensing and background study process under chapters 245A and 245C; to eligibility
16.21for school bus driver endorsements; to eligibility for special transportation service
16.22endorsements; to eligibility for a commercial driver training instructor license, which is
16.23governed by section 171.35 and rules adopted under that section; to emergency medical
16.24services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
16.25applicant for the license has been discharged from sentence for a conviction within the ten
16.26years immediately preceding application of a violation of any of the following:
16.27(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
16.28subdivision 2 or 3;
16.29(2) any provision of chapter 152 that is punishable by a maximum sentence of
16.3015 years or more; or
16.31(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
16.32the scene of an accident, or reckless or careless driving.
16.33This chapter also shall not apply to eligibility for juvenile corrections employment, where
16.34the offense involved child physical or sexual abuse or criminal sexual conduct.
17.1(b) This chapter does not apply to a school district or to eligibility for a license
17.2issued or renewed by the Board of Teaching or the commissioner of education.
17.3(c) Nothing in this section precludes the Minnesota Police and Peace Officers
17.4Training Board or the state fire marshal from recommending policies set forth in this
17.5chapter to the attorney general for adoption in the attorney general's discretion to apply to
17.6law enforcement or fire protection agencies.
17.7(d) This chapter does not apply to a license to practice medicine that has been denied
17.8or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.
17.9(e) This chapter does not apply to any person who has been denied a license to
17.10practice chiropractic or whose license to practice chiropractic has been revoked by the
17.11board in accordance with section 148.10, subdivision 7.
17.12(f) This chapter does not apply to a license to practice optometry that has been
17.13denied or revoked by the Board of Optometry pursuant to section 148.603, subdivision 2.
17.14(f) (g) This chapter does not supersede a requirement under law to conduct a
17.15criminal history background investigation or consider criminal history records in hiring
17.16for particular types of employment.

17.17    Sec. 16. REPEALER.
17.18Minnesota Statutes 2012, sections 148.571; 148.572; 148.573, subdivision 1;
17.19148.576, subdivisions 1 and 2; and 151.37, subdivision 11, are repealed.