Occupational Regulation - Office of the Legislative Auditor

EFFECTIVENESS OF OCCUPATIONAL REGULATION 61
We also suggest they work to establish common reporting formats and consider
publishing a health boards summary report.
The
health-related
boards or
the Health
Department
ought to
produce a
summary
report.
MDH does not regard its responsibility to publish a summary report as a high
priority. In fairness, over time, its responsibilities relating to the health
professions regulated by the boards have diminished. As the state agencies with
primary responsibility for the clinical health professions, the boards are more
likely to put energy into improving the required reports. The Minnesota
Department of Health regulates two professions, unlicensed mental health
practitioners and alcohol and drug counselors, for which reports are required
similar to those required from the independent health boards. If a single report
were compiled, it would be desirable to have data on all the health professions
covered by the Chapter 214 reporting requirements including these. It might also
be desirable to expand the reporting requirement to include the other occupations
regulated by MDH’s Division of Health Policy and Systems Compliance,
including audiologists, speech pathologists, hearing instrument dispensers, and
occupational therapists.
The non-health-related boards are affiliated with several agencies. The
Department of Commerce provides administrative services to most of them and
could consider producing or coordinating a summary report of complaints
received by the non-health boards.
The purpose of an improved summary report is to help revitalize communication
between the independent boards and the Legislature on one function that has been
a source of legislative concern in the past, the handling of complaints against
licensed professionals. The 1997 Legislature reduced the mandatory distribution
of the reports by eliminating a requirement that the reports be distributed to the
Legislature in accordance with Minnesota law (Minn. Stat. §3.195) which requires
that copies be sent to the Legislative Reference Library. 12 Our recommendation is
to move in the opposite direction.
· We think the reports should be available through the Legislative
Reference Library.
COMPLAINT INVESTIGATION
Occupational regulation is designed to protect the public in two ways: (1) by
establishing a level of competence for those entering a regulated occupation, and
(2) by providing a check on the continued competence of practitioners. Although
most analysts agree that states do a better job accomplishing the first of these
functions, the issue of assuring continued competence is still important. The
primary means of enforcing standards on a continuing basis is through the
investigation of complaints and imposition of license discipline or other corrective
action as appropriate. 13
12 Minn. Stat. §214.07 Subd. 1.
13 As we discussed in Chapter 1, continuing education requirements generally are not viewed
as an effective method of assuring continued competence.