Protections to participants in and employees and operators of a health care provider wellness program provision

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.