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A bill for an act
relating to health occupations; providing protections to participants in and
employees and operators of a health care provider wellness program; amending
Minnesota Statutes 2024, section 214.41.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 214.41, is amended to read:
214.41
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PHYSICIAN
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HEALTH CARE PROVIDER
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WELLNESS PROGRAM.
Subdivision 1.
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Definition
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Definitions
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.
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(a)
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For the purposes of this section,
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the following
terms have the meanings given.
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(b) "Health care provider" or "provider" means an individual who is licensed or registered
by the state to perform health care services within the provider's scope of practice and in
accordance with state law.
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(c)
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"
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physician
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Health care provider
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wellness program" means a program
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for health care
providers
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of evaluation, counseling, or other modality to address an issue related to career
fatigue or wellness related to work stress
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for physicians licensed under chapter 147
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that is
administered by a statewide association that is exempt from taxation under United States
Code, title 26, section 501(c)(6), and that primarily represents physicians and osteopaths
of multiple specialties.
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Physician
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Health care provider
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wellness program does not include
the provision of services intended to monitor for impairment under the authority of section
214.31
.
Subd. 2.
Confidentiality.
Any record of a
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person's
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health care provider's
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participation
in a
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physician
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health care provider
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wellness program is confidential and not subject to
discovery, subpoena, or a reporting requirement to the applicable
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health-related licensing
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board
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or to the commissioner of health
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, unless the
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person
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provider
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voluntarily provides for
written release of the information or the disclosure is required to meet the
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licensee's
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provider's
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obligation to report
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certain information to the applicable health-related licensing board or
the commissioner of health
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according to
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section
147.111
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law governing the practice of the
provider's profession
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.
Subd. 3.
Civil liability.
Any person, agency, institution, facility, or organization employed
by, contracting with, or operating a
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physician
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health care provider
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wellness program is
immune from civil liability for any action related to their duties in connection with a
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physician
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health care provider
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wellness program when acting in good faith.