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MN
STATUTES GOVERNING HPSP 214.29
Program required. 214.31
Authority. 214.32
Program management, services, participant costs, eligibility, completions,
voluntary termination and discharge. (b)
The designated board, upon recommendation of the health professional services
program committee, shall hire the program manager and employees and pay expenses
of the program from funds appropriated for that purpose. The designated board
may apply for grants to pay program expenses and may enter into contracts on
behalf of the program to carry out the purposes of the program. The
participating boards shall enter into written agreements with the designated
board. (c)
An advisory committee is established to advise the program committee consisting
of: (1)
one member appointed by each of the following: the Minnesota Academy of
Physician Assistants, the Minnesota Dental Association, the Minnesota
Chiropractic Association, the Minnesota Licensed Practical Nurse Association,
the Minnesota Medical Association, the Minnesota Nurses Association, and the
Minnesota Podiatric Medicine Association; (2)
one member appointed by each of the professional associations of the other
professions regulated by a participating board not specified in clause (1); and (3)
two public members, as defined by section 214.02.
Members
of the advisory committee shall be appointed for two years and members may be
reappointed. The advisory committee
expires June 30, 2001. Subd.
2. Services. (a) The program shall
provide the following services to program participants: (1)
referral of eligible regulated persons to qualified professionals for
evaluation, treatment, and a written plan for continuing care consistent with
the regulated person's illness. The referral shall take into consideration the
regulated person's financial resources as well as specific needs; (2)
development of individualized program participation agreements between
participants and the program to meet the needs of participants and protect the
public. An agreement may include, but need not be limited to, recommendations
from the continuing care plan, practice monitoring, health monitoring, practice
restrictions, random drug screening, support group participation, filing of
reports necessary to document compliance, and terms for successful completion of
the regulated person's program; and (3)
monitoring of compliance by participants with individualized program
participation agreements or board orders. (b)
The program may develop services related to sections 214.31 to 214.37 for
employers and colleagues of regulated persons from participating boards. Subd.
3. Participant costs. Each program
participant shall be responsible for paying for the costs of physical,
psychosocial, or other related evaluation, treatment, laboratory monitoring, and
random drug screens. Subd.
4. Eligibility. Admission to the
health professional services program is available to a person regulated by a
participating board who is unable to practice with reasonable skill and safety
by reason of illness, use of alcohol, drugs, chemicals, or any other materials,
or as a result of any mental, physical, or psychological condition. Admission in
the health professional services program shall be denied to persons: (1)
who have diverted controlled substances for other than self-administration; (2)
who have been terminated from this or any other state professional services
program for noncompliance in the program; (3)
currently under a board disciplinary order or corrective action agreement,
unless referred by a board; (4)
regulated under sections 214.17 to 214.25, unless referred by a board or by the
commissioner of health; (5)
accused of sexual misconduct; or (6)
whose continued practice would create a serious risk of harm to the public. Subd.
5. Completion; voluntary termination;
discharge. A regulated person completes the program when the terms of the
program participation agreement are fulfilled. A regulated person may
voluntarily terminate participation in the health professionals service program
at any time by reporting to the person's board. The program manager may choose
to discharge a regulated person from the program and make a referral to the
person's board at any time for reasons including but not limited to: the degree
of cooperation and compliance by the regulated person, the inability to secure
information or the medical records of the regulated person, or indication of
other possible violations of the regulated person's practice act. The regulated
person shall be notified in writing by the program manager of any change in the
person's program status. A regulated person who has been terminated or
discharged from the program may be referred back to the program for monitoring. HIST: 1994 c 556 s 3; 1997 c 192 s 31; 1998 c 407 art
2 s 94; 2000 c 284 s 11 214.33
Reporting. Subd.
2. Self-reporting. A person regulated
by a participating board who is unable to practice with reasonable skill and
safety by reason of illness, use of alcohol, drugs, chemicals, or any other
materials, or as a result of any mental, physical, or psychological condition
shall report to the person's board or the program. Subd.
3. Program manager. The program
manager shall report to the appropriate participating board a regulated person
who does not meet program admission criteria, violates the terms of the program
participation agreement, or leaves the program except upon fulfilling the terms
for successful completion of the program as set forth in the participation
agreement. The program manager shall report to the appropriate participating
board a regulated person who is alleged to have committed violations of the
person's practice act that are outside the authority of the health professionals
services program as described in sections 214.31 to 214.37. The program manager
shall inform any reporting person of the disposition of the person's report to
the program. Subd.
4. Board. A board may refer any
regulated person to the program consistent with section 214.32, subdivision 4,
if the board believes the regulated person will benefit and the public will be
protected. 214.34
Immunity. Subd.
2. Program immunity. Members of the
participating boards and persons employed by the boards and program, program
consultants, and members of advisory bodies for the program are immune from
civil liability and criminal prosecution for any actions, transactions, or
reports in the execution of, or relating to, their duties under sections 214.31
to 214.36. 214.35
Classification of data. 214.36
Board participation. 214.37 Rulemaking. Copyright 2000 by the Office of
Revisor of Statutes, State of Minnesota. |
Copyright © 2001-2012-- HPSP
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