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Occupational Regulation - Office of the Legislative Auditor

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60 OCCUPATIONAL REGULATION<br />

Minnesota Statutes §214.07 specifies that some important information be<br />

provided such as <strong>the</strong> number and type <strong>of</strong> complaints and <strong>the</strong> disposition <strong>of</strong> <strong>the</strong><br />

complaints, but it does not require information on <strong>the</strong> number <strong>of</strong> open cases,<br />

including those carried over from previous years, and it does not require<br />

information on how long it took to investigate and resolve <strong>the</strong> cases that were<br />

closed, or <strong>the</strong> age <strong>of</strong> cases that are still open. The boards could and should, in our<br />

view, provide a more useful report whe<strong>the</strong>r or not <strong>the</strong> law requires it. They should<br />

be encouraged to go beyond what is narrowly required as many government<br />

agencies and private companies do in <strong>the</strong>ir annual reports. We recommend:<br />

· The Legislature should create a task force to reconsider <strong>the</strong> reporting<br />

requirements in Chapter 214, and revise <strong>the</strong>m in order to make <strong>the</strong><br />

biennial reports more useful.<br />

The task force should include representatives from <strong>the</strong> boards subject to <strong>the</strong><br />

reporting requirements in Chapter 214, plus Department <strong>of</strong> Health and<br />

Department <strong>of</strong> Commerce representatives and legislative staff. Many <strong>of</strong> <strong>the</strong> health<br />

boards are required to submit additional information over that required <strong>of</strong> <strong>the</strong><br />

non-health boards, and it may be that a separate task force will be needed to<br />

handle issues raised by <strong>the</strong>se requirements. 10<br />

The content <strong>of</strong><br />

<strong>the</strong> reports<br />

should be<br />

reviewed and<br />

<strong>the</strong> format<br />

improved.<br />

Finally, <strong>the</strong> Board <strong>of</strong> Medical Practice and <strong>the</strong> Board <strong>of</strong> Nursing are required to<br />

provide “specific information regarding complaints and communications<br />

involving obstetrics, gynecology, prenatal care, and delivery, and <strong>the</strong> boards’<br />

responses or dispositions.” 11 The reports <strong>of</strong> <strong>the</strong> Board <strong>of</strong> Nursing and <strong>the</strong> Board <strong>of</strong><br />

Medical Practice for 1998 make note <strong>of</strong> several complaints involving obstetrics,<br />

gynecology, prenatal care, and delivery, but do not provide any real information,<br />

nor do board representatives understand what type <strong>of</strong> information is required.<br />

This point, <strong>of</strong> no real significance by itself, serves as an example <strong>of</strong> <strong>the</strong> nearly<br />

total absence <strong>of</strong> useful communication between <strong>the</strong> boards and policy makers.<br />

We also think oversight will be easier if <strong>the</strong> reports adopt common reporting<br />

formats to <strong>the</strong> extent possible where <strong>the</strong>y are providing information required by<br />

law. This does not mean that <strong>the</strong> type <strong>of</strong> complaints about psychologists will be<br />

<strong>the</strong> same as those as those against pharmacists. Standardization can only go so<br />

far, but informative categories can be developed in ei<strong>the</strong>r case and defined for <strong>the</strong><br />

reader in a way that is helpful. Whe<strong>the</strong>r or not a broader task force is established<br />

to work on <strong>the</strong> problem, we recommend:<br />

· The health-related boards should establish a committee or use an<br />

existing committee to improve <strong>the</strong> reports.<br />

10 All <strong>the</strong> health boards except Veterinary Medicine are required to forward all complaints involving<br />

sexual contact with a patient to <strong>the</strong> Attorney General, and each board is required to include<br />

summaries <strong>of</strong> each individual case involving sexual contact.<br />

11 Minn. Stat. §214.07 Subd. 1a. This was added by Minn. Laws (1990), ch. 568, art. 3, secs. 6<br />

and 7.

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