Bill Text: MN HF2005 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Health data provisions modified, common entry point establishment requirements changed, automatic external defibrillator registration established, stroke center criteria modified, prescription monitoring program changed, immunity from civil liability established for use of opiate antagonists, and background study requirements modified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-21 - Committee report, to adopt as amended and re-refer to Health and Human Services Policy [HF2005 Detail]
Download: Minnesota-2013-HF2005-Engrossed.html
1.2relating to health; modifying health data provisions; changing requirements for
1.3establishment of a common entry point; establishing registration of automatic
1.4external defibrillators; modifying stroke center criteria; changing the prescription
1.5monitoring program; establishing immunity from civil liability for use of opiate
1.6antagonists; modifying background study requirements;amending Minnesota
1.7Statutes 2012, sections 62U.04, subdivision 4, by adding a subdivision;
1.8152.126, as amended; Minnesota Statutes 2013 Supplement, sections 144.493,
1.9subdivisions 1, 2; 256N.21, by adding a subdivision; 626.557, subdivision 9;
1.10proposing coding for new law in Minnesota Statutes, chapters 403; 604A.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 62U.04, subdivision 4, is amended to read:
1.13 Subd. 4. Encounter data. (a) Beginning July 1, 2009, and every six months
1.14thereafter, all health plan companies and third-party administrators shall submit encounter
1.15data to a private entity designated by the commissioner of health. The data shall be
1.16submitted in a form and manner specified by the commissioner subject to the following
1.17requirements:
1.18 (1) the data must be de-identified data as described under the Code of Federal
1.19Regulations, title 45, section 164.514;
1.20 (2) the data for each encounter must include an identifier for the patient's health care
1.21home if the patient has selected a health care home; and
1.22 (3) except for the identifier described in clause (2), the data must not include
1.23information that is not included in a health care claim or equivalent encounter information
1.24transaction that is required under section62J.536 .
1.25 (b) The commissioner or the commissioner's designee shall only use the data
1.26submitted under paragraph (a) to carry out its responsibilities in this section, including
1.27supplying the data to providers so they can verify their results of the peer grouping process
2.1consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d),
2.2and adopted by the commissioner and, if necessary, submit comments to the commissioner
2.3or initiate an appeal.
2.4 (c) Data on providers collected under this subdivision are private data on individuals
2.5or nonpublic data, as defined in section13.02 . Notwithstanding the definition of summary
2.6data in section13.02, subdivision 19 , summary data prepared under this subdivision
2.7may be derived from nonpublic data. The commissioner or the commissioner's designee
2.8shall establish procedures and safeguards to protect the integrity and confidentiality of
2.9any data that it maintains.
2.10 (d) The commissioner or the commissioner's designee shall not publish analyses or
2.11reports that identify, or could potentially identify, individual patients.
2.12(e) The commissioner shall compile summary information on the data submitted
2.13under this subdivision. The commissioner shall work with its vendors to assess the
2.14data submitted in terms of compliance with the data submission requirements and the
2.15completeness of the data submitted by comparing the data with summary information
2.16compiled by the commissioner and with established and emerging data quality standards
2.17to ensure data quality.
2.18 Sec. 2. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
2.19to read:
2.20 Subd. 10. Restricted uses of the all-payer claims data. (a) Notwithstanding
2.21subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the
2.22commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for
2.23the following purposes:
2.24(1) to evaluate the performance of the health care home program as authorized under
2.25sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;
2.26(2) to study, in collaboration with the reducing avoidable readmissions effectively
2.27(RARE) campaign, hospital readmission trends and rates;
2.28(3) to analyze variations in health care costs, quality, utilization, and illness burden
2.29based on geographical areas or populations; and
2.30(4) to evaluate the state innovation model (SIM) testing grant received by the
2.31Departments of Health and Human Services, including the analysis of health care cost,
2.32quality, and utilization baseline and trend information for targeted populations and
2.33communities.
2.34(b) The commissioner may publish the results of the authorized uses identified
2.35in paragraph (a) so long as the data released publicly do not contain information or
3.1descriptions in which the identity of individual hospitals, clinics, or other providers may
3.2be discerned.
3.3(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
3.4using the data collected under subdivision 4 to complete the state-based risk adjustment
3.5system assessment due to the legislature on October 1, 2015.
3.6(d) The commissioner or the commissioner's designee may use the data submitted
3.7under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until
3.8July 1, 2016.
3.9 Sec. 3. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
3.10amended to read:
3.11 Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
3.12comprehensive stroke center if the hospital has been certified as a comprehensive stroke
3.13center by the joint commission or another nationally recognized accreditation entity and
3.14the hospital participates in the Minnesota stroke registry program.
3.15 Sec. 4. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
3.16amended to read:
3.17 Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
3.18center if the hospital has been certified as a primary stroke center by the joint commission
3.19or another nationally recognized accreditation entity and the hospital participates in the
3.20Minnesota stroke registry program.
3.21 Sec. 5. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
3.22113, article 3, section 3, is amended to read:
3.23152.126CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
3.24REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
3.25 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
3.26this subdivision have the meanings given.
3.27(a) (b) "Board" means the Minnesota State Board of Pharmacy established under
3.28chapter 151.
3.29(b) (c) "Controlled substances" means those substances listed in section
152.02 ,
3.30subdivisions 3 to5 6, and those substances defined by the board pursuant to section
3.31152.02, subdivisions 7
, 8, and 12. For the purposes of this section, controlled substances
3.32includes tramadol and butalbital.
4.1(c) (d) "Dispense" or "dispensing" has the meaning given in section
151.01,
4.2subdivision 30 . Dispensing does not include the direct administering of a controlled
4.3substance to a patient by a licensed health care professional.
4.4(d) (e) "Dispenser" means a person authorized by law to dispense a controlled
4.5substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
4.6not include a licensed hospital pharmacy that distributes controlled substances for inpatient
4.7hospital care or a veterinarian who is dispensing prescriptions under section156.18 .
4.8(e) (f) "Prescriber" means a licensed health care professional who is authorized to
4.9prescribe a controlled substance under section152.12, subdivision 1 or 2.
4.10(f) (g) "Prescription" has the meaning given in section
151.01, subdivision 16 .
4.11 Subd. 1a. Treatment of intractable pain. This section is not intended to limit or
4.12interfere with the legitimate prescribing of controlled substances for pain. No prescriber
4.13shall be subject to disciplinary action by a health-related licensing board for prescribing a
4.14controlled substance according to the provisions of section152.125 .
4.15 Subd. 2. Prescription electronic reporting system. (a) The board shall establish
4.16by January 1, 2010, an electronic system for reporting the information required under
4.17subdivision 4 for all controlled substances dispensed within the state.
4.18 (b) The board may contract with a vendor for the purpose of obtaining technical
4.19assistance in the design, implementation, operation, and maintenance of the electronic
4.20reporting system.
4.21 Subd. 3. PrescriptionElectronic Reporting Monitoring Program Advisory
4.22Committee Task Force. (a) The board shall convene shall appoint an advisory committee.
4.23The committee must include task force consisting of at least one representative of:
4.24 (1) the Department of Health;
4.25 (2) the Department of Human Services;
4.26 (3) each health-related licensing board that licenses prescribers;
4.27 (4) a professional medical association, which may include an association of pain
4.28management and chemical dependency specialists;
4.29 (5) a professional pharmacy association;
4.30 (6) a professional nursing association;
4.31 (7) a professional dental association;
4.32 (8) a consumer privacy or security advocate; and
4.33 (9) a consumer or patient rights organization.
4.34 (b) The advisorycommittee task force shall advise the board on the development and
4.35operation of theelectronic reporting system prescription monitoring program, including,
4.36but not limited to:
5.1 (1) technical standards for electronic prescription drug reporting;
5.2 (2) proper analysis and interpretation of prescription monitoring data; and
5.3 (3) an evaluation process for the program.
5.4(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
5.5subdivision 5, the task force shall not expire.
5.6 Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the
5.7following data to the board or its designated vendor, subject to the notice required under
5.8paragraph (d):
5.9 (1) name of the prescriber;
5.10 (2) national provider identifier of the prescriber;
5.11 (3) name of the dispenser;
5.12 (4) national provider identifier of the dispenser;
5.13 (5) prescription number;
5.14 (6) name of the patient for whom the prescription was written;
5.15 (7) address of the patient for whom the prescription was written;
5.16 (8) date of birth of the patient for whom the prescription was written;
5.17 (9) date the prescription was written;
5.18 (10) date the prescription was filled;
5.19 (11) name and strength of the controlled substance;
5.20 (12) quantity of controlled substance prescribed;
5.21 (13) quantity of controlled substance dispensed; and
5.22 (14) number of days supply.
5.23 (b) The dispenser must submit the required information by a procedure and in a
5.24format established by the board. The board may allow dispensers to omit data listed in this
5.25subdivision or may require the submission of data not listed in this subdivision provided
5.26the omission or submission is necessary for the purpose of complying with the electronic
5.27reporting or data transmission standards of the American Society for Automation in
5.28Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
5.29standard-setting body.
5.30 (c) A dispenser is not required to submit this data for those controlled substance
5.31prescriptions dispensed for:
5.32(1) individuals residing in licensed skilled nursing or intermediate care facilities;
5.33(2) individuals receiving assisted living services under chapter 144G or through a
5.34medical assistance home and community-based waiver;
5.35(3) individuals receiving medication intravenously;
5.36(4) individuals receiving hospice and other palliative or end-of-life care; and
6.1(5) individuals receiving services from a home care provider regulated under chapter
6.2144A.
6.3 (1) individuals residing in a health care facility as defined in section 151.58,
6.4subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
6.5drug distribution system according to section 151.58; and
6.6 (2) individuals receiving a drug sample that was packaged by a manufacturer and
6.7provided to the dispenser for dispensing as a professional sample pursuant to Code of
6.8Federal Regulations, title 21, section 203, subpart D.
6.9 (d) A dispenser mustnot submit data under this subdivision unless provide to the
6.10patient for whom the prescription was written a conspicuous notice of the reporting
6.11requirements of this sectionis given to the patient for whom the prescription was written
6.12 and notice that the information may be used for program administration purposes.
6.13 Subd. 5. Use of data by board. (a) The board shall develop and maintain a database
6.14of the data reported under subdivision 4. The board shall maintain data that could identify
6.15an individual prescriber or dispenser in encrypted form. Except as otherwise allowed
6.16under subdivision 6, the database may be used by permissible users identified under
6.17subdivision 6 for the identification of:
6.18 (1) individuals receiving prescriptions for controlled substances from prescribers
6.19who subsequently obtain controlled substances from dispensers in quantities or with a
6.20frequency inconsistent with generally recognized standards of use for those controlled
6.21substances, including standards accepted by national and international pain management
6.22associations; and
6.23 (2) individuals presenting forged or otherwise false or altered prescriptions for
6.24controlled substances to dispensers.
6.25 (b) No permissible user identified under subdivision 6 may access the database
6.26for the sole purpose of identifying prescribers of controlled substances for unusual or
6.27excessive prescribing patterns without a valid search warrant or court order.
6.28 (c) No personnel of a state or federal occupational licensing board or agency may
6.29access the database for the purpose of obtaining information to be used to initiate or
6.30substantiate a disciplinary action against a prescriber.
6.31 (d) Data reported under subdivision 4 shall beretained by the board in the database
6.32for a 12-month period, and shall be removed from the database no later than 12 months
6.33from the last day of the month during which the data was received. made available to
6.34permissible users for a 12-month period beginning the day the data was received and
6.35ending 12 months from the last day of the month in which the data was received, except
6.36that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
7.1use all data collected under this section for the purposes of administering, operating,
7.2and maintaining the prescription monitoring program and conducting trend analyses
7.3and other studies necessary to evaluate the effectiveness of the program. Data retained
7.4beyond 12 months must be de-identified.
7.5(e) The board shall not retain data reported under subdivision 4 for a period longer
7.6than five years from the date the data was received.
7.7 Subd. 6. Access to reporting system data. (a) Except as indicated in this
7.8subdivision, the data submitted to the board under subdivision 4 is private data on
7.9individuals as defined in section13.02, subdivision 12 , and not subject to public disclosure.
7.10 (b) Except as specified in subdivision 5, the following persons shall be considered
7.11permissible users and may access the data submitted under subdivision 4 in the same or
7.12similar manner, and for the same or similar purposes, as those persons who are authorized
7.13to access similar private data on individuals under federal and state law:
7.14 (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
7.15delegated the task of accessing the data, to the extent the information relates specifically to
7.16a current patient, to whom the prescriber is:
7.17 (i) prescribing or considering prescribing any controlled substance;
7.18 (ii) providing emergency medical treatment for which access to the data may be
7.19necessary; or
7.20 (iii) providing other medical treatment for which access to the data may be necessary
7.21and the patient has consented to access to the submitted data, and with the provision that
7.22the prescriber remains responsible for the use or misuse of data accessed by a delegated
7.23agent or employee;
7.24 (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
7.25delegated the task of accessing the data, to the extent the information relates specifically
7.26to a current patient to whom that dispenser is dispensing or considering dispensing any
7.27controlled substance and with the provision that the dispenser remains responsible for the
7.28use or misuse of data accessed by a delegated agent or employee;
7.29 (3) an individual who is the recipient of a controlled substance prescription for
7.30which data was submitted under subdivision 4, or a guardian of the individual, parent or
7.31guardian of a minor, or health care agent of the individual acting under a health care
7.32directive under chapter 145C;
7.33 (4) personnel of the board specifically assigned to conduct a bona fide investigation
7.34of a specific licensee;
8.1 (5) personnel of the board engaged in the collection, review, and analysis
8.2 of controlled substance prescription information as part of the assigned duties and
8.3responsibilities under this section;
8.4 (6) authorized personnel of a vendor under contract with theboard state of
8.5Minnesota who are engaged in the design, implementation, operation, and maintenance of
8.6theelectronic reporting system prescription monitoring program as part of the assigned
8.7duties and responsibilities of their employment, provided that access to data is limited to
8.8the minimum amount necessary to carry out such duties and responsibilities, and subject
8.9to the requirement of de-identification and time limit on retention of data specified in
8.10subdivision 5, paragraphs (d) and (e);
8.11 (7) federal, state, and local law enforcement authorities acting pursuant to a valid
8.12search warrant;
8.13 (8) personnel of themedical assistance program Minnesota health care programs
8.14assigned to use the data collected under this section to identify recipients whose usage of
8.15controlled substances may warrant restriction to a single primary carephysician provider,
8.16a single outpatient pharmacy,or and a single hospital; and
8.17(9) personnel of the Department of Human Services assigned to access the data
8.18pursuant to paragraph(h) (g); and
8.19(10) personnel of the health professionals services program established under section
8.20214.31, to the extent that the information relates specifically to an individual who is
8.21currently enrolled in and being monitored by the program, and the individual consents to
8.22access to that information. The health professionals services program personnel shall not
8.23provide this data to a health-related licensing board or the Emergency Medical Services
8.24Regulatory Board, except as permitted under section 214.33, subdivision 3.
8.25 For purposes of clause(3) (4), access by an individual includes persons in the
8.26definition of an individual under section13.02 .
8.27 (c)Any A permissible user identified in paragraph (b), who clauses (1), (2), (5), (6),
8.28and (8) may directlyaccesses access the data electronically,. If the data is directly accessed
8.29electronically, the permissible user shall implement and maintain a comprehensive
8.30information security program that contains administrative, technical, and physical
8.31safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
8.32personal information obtained. The permissible user shall identify reasonably foreseeable
8.33internal and external risks to the security, confidentiality, and integrity of personal
8.34information that could result in the unauthorized disclosure, misuse, or other compromise
8.35of the information and assess the sufficiency of any safeguards in place to control the risks.
9.1 (d) The board shall not release data submitted underthis section subdivision 4 unless
9.2it is provided with evidence, satisfactory to the board, that the person requesting the
9.3information is entitled to receive the data.
9.4(e) The board shall not release the name of a prescriber without the written consent
9.5of the prescriber or a valid search warrant or court order. The board shall provide a
9.6mechanism for a prescriber to submit to the board a signed consent authorizing the release
9.7of the prescriber's name when data containing the prescriber's name is requested.
9.8(f) (e) The board shall maintain a log of all persons who access the data for a period
9.9of at least three years and shall ensure that any permissible user complies with paragraph
9.10(c) prior to attaining direct access to the data.
9.11(g) (f) Section
13.05, subdivision 6 , shall apply to any contract the board enters into
9.12pursuant to subdivision 2. A vendor shall not use data collected under this section for
9.13any purpose not specified in this section.
9.14(h) (g) With available appropriations, the commissioner of human services shall
9.15establish and implement a system through which the Department of Human Services shall
9.16routinely access the data for the purpose of determining whether any client enrolled in
9.17an opioid treatment program licensed according to chapter 245A has been prescribed or
9.18dispensed a controlled substance in addition to that administered or dispensed by the
9.19opioid treatment program. When the commissioner determines there have been multiple
9.20prescribers or multiple prescriptions of controlled substances, the commissioner shall:
9.21(1) inform the medical director of the opioid treatment program only that the
9.22commissioner determined the existence of multiple prescribers or multiple prescriptions of
9.23controlled substances; and
9.24(2) direct the medical director of the opioid treatment program to access the data
9.25directly, review the effect of the multiple prescribers or multiple prescriptions, and
9.26document the review.
9.27If determined necessary, the commissioner of human services shall seek a federal waiver
9.28of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
9.292.34
, item (c), prior to implementing this paragraph.
9.30 Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to
9.31the board as required under this section is subject to disciplinary action by the appropriate
9.32health-related licensing board.
9.33 (b) A prescriber or dispenser authorized to access the data who knowingly discloses
9.34the data in violation of state or federal laws relating to the privacy of health care data
9.35shall be subject to disciplinary action by the appropriate health-related licensing board,
9.36and appropriate civil penalties.
10.1Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription
10.2electronic reporting system to determine if the system is negatively impacting appropriate
10.3prescribing practices of controlled substances. The board may contract with a vendor to
10.4design and conduct the evaluation.
10.5(b) The board shall submit the evaluation of the system to the legislature by July
10.615, 2011.
10.7 Subd. 9. Immunity from liability; no requirement to obtain information. (a) A
10.8pharmacist, prescriber, or other dispenser making a report to the program in good faith
10.9under this section is immune from any civil, criminal, or administrative liability, which
10.10might otherwise be incurred or imposed as a result of the report, or on the basis that the
10.11pharmacist or prescriber did or did not seek or obtain or use information from the program.
10.12 (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
10.13to obtain information about a patient from the program, and the pharmacist, prescriber,
10.14or other dispenser, if acting in good faith, is immune from any civil, criminal, or
10.15administrative liability that might otherwise be incurred or imposed for requesting,
10.16receiving, or using information from the program.
10.17 Subd. 10. Funding. (a) The board may seek grants and private funds from nonprofit
10.18charitable foundations, the federal government, and other sources to fund the enhancement
10.19and ongoing operations of the prescriptionelectronic reporting system monitoring
10.20program established under this section. Any funds received shall be appropriated to the
10.21board for this purpose. The board may not expend funds to enhance the program in a way
10.22that conflicts with this section without seeking approval from the legislature.
10.23(b) Notwithstanding any other section, the administrative services unit for the
10.24health-related licensing boards shall apportion between the Board of Medical Practice, the
10.25Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
10.26Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
10.27be paid through fees by each respective board. The amount apportioned to each board
10.28shall equal each board's share of the annual appropriation to the Board of Pharmacy
10.29from the state government special revenue fund for operating the prescriptionelectronic
10.30reporting system monitoring program under this section. Each board's apportioned share
10.31shall be based on the number of prescribers or dispensers that each board identified in
10.32this paragraph licenses as a percentage of the total number of prescribers and dispensers
10.33licensed collectively by these boards. Each respective board may adjust the fees that the
10.34boards are required to collect to compensate for the amount apportioned to each board by
10.35the administrative services unit.
11.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a
11.2subdivision to read:
11.3 Subd. 7. Background study. (a) A county or private agency conducting a
11.4background study for purposes of child foster care licensing or approval must conduct
11.5the study in accordance with chapter 245C and must meet the requirements in United
11.6States Code, title 42, section 671(a)(20).
11.7(b) A tribal organization conducting a background study for purposes of child foster
11.8care licensing or approval must conduct the study in accordance with the requirements in
11.9United States Code, title 25, sections 1931 to 1932. The study must meet the requirements
11.10in United States Code, title 42, section 671(a)(20), when applicable.
11.11 Sec. 7. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
11.12REGISTRATION.
11.13 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
11.14have the meanings given them.
11.15(b) "Automatic external defibrillator" or "AED" means an electronic device designed
11.16and manufactured to operate automatically or semiautomatically for the purpose of
11.17delivering an electrical current to the heart of a person in sudden cardiac arrest.
11.18(c) "AED registry" means a registry of AEDs that requires a maintenance program
11.19or package, and includes, but is not limited to, the following registries: the Minnesota
11.20AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
11.21(d) "Person" means a natural person, partnership, association, corporation, or unit
11.22of government.
11.23(e) "Public access AED" means any AED that is intended, by its markings or display,
11.24to be used or accessed by the public for the benefit of the general public that may happen
11.25to be in the vicinity or location of that AED. It does not include an AED that is owned or
11.26used by a hospital, clinic, business, or organization that is intended to be used by staff and
11.27is not marked or displayed in a manner to encourage public access.
11.28(f) "Maintenance program or package" means a program that will alert the AED
11.29owner when the AED has electrodes and batteries due to expire or replaces those expiring
11.30electrodes and batteries for the AED owner.
11.31(g) "Public safety agency" means local law enforcement, county sheriff, municipal
11.32police, tribal agencies, state law enforcement, fire departments, including municipal
11.33departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
11.34and licensed ambulance services.
12.1(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
12.2in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
12.3placed in stationary storage, including, but not limited to, an AED used at an athletic event.
12.4(i) "Private use AED" means an AED that is not intended to be used or accessed by
12.5the public for the benefit of the general public. This may include, but is not limited to,
12.6AEDs found in private residences.
12.7 Subd. 2. Registration. A person who purchases or obtains a public access AED shall
12.8register that device with an AED registry within 30 working days of receiving the AED.
12.9 Subd. 3. Required information. A person registering a public access AED shall
12.10provide the following information for each AED:
12.11(1) AED manufacturer, model, and serial number;
12.12(2) specific location where the AED will be kept; and
12.13(3) the title, address, and telephone number of a person in management at the
12.14business or organization where the AED is located.
12.15 Subd. 4. Information changes. The owner of a public access AED shall notify their
12.16AED registry of any changes in the information that is required in the registration within
12.1730 working days of the change occurring.
12.18 Subd. 5. Public access AED requirements. A public access AED:
12.19(1) may be inspected during regular business hours by a public safety agency with
12.20jurisdiction over the location of the AED;
12.21(2) shall be kept in the location specified in the registration; and
12.22(3) shall be reasonably maintained, including replacement of dead batteries and
12.23pads/electrodes, and comply with all manufacturer's recall and safety notices.
12.24 Subd. 6. Removal of AED. An authorized agent of a public safety agency with
12.25jurisdiction over the location of the AED may direct the owner of a public access AED
12.26to comply with this section. Such authorized agent of a public safety agency may direct
12.27the owner of the AED to remove the AED from its public access location and to remove
12.28or cover any public signs relating to that AED if it is determined that the AED is not
12.29ready for immediate use.
12.30 Subd. 7. Private use AEDs. The owner of a private use AED is not subject to the
12.31requirements of this section but is encouraged to maintain the AED in a consistent manner.
12.32 Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the
12.33requirements of this section but is encouraged to maintain the AED in a consistent manner.
12.34 Subd. 9. Signs. A person acquiring a public use AED is encouraged but is not
12.35required to post signs bearing the universal AED symbol in order to increase the ease of
12.36access by the public to the AED in the event of an emergency. A person may not post any
13.1AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
13.2any AED signs by an authorized agent of a public safety agency.
13.3 Subd. 10. Emergency response plans. The owner of one or more public access
13.4AEDs shall develop an emergency response plan appropriate for the nature of the facility
13.5the AED is intended to serve.
13.6 Subd. 11. No civil liability. Nothing in this section shall create any civil liability on
13.7the part of an AED owner.
13.8EFFECTIVE DATE.This section is effective August 1, 2014.
13.9 Sec. 8. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
13.10 Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
13.11antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
13.12federal Food and Drug Administration for the treatment of a drug overdose.
13.13 Subd. 2. Authority to possess and administer opiate antagonists; release from
13.14liability. (a) A person who is not a health care professional may possess or administer
13.15an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
13.16care professional pursuant to subdivision 3.
13.17(b) A person who is not a health care professional who acts in good faith in
13.18administering an opiate antagonist to another person whom the person believes in good
13.19faith to be suffering a drug overdose is immune from criminal prosecution for the act and
13.20is not liable for any civil damages for acts or omissions resulting from the act.
13.21 Subd. 3. Health care professionals; release from liability. A licensed health
13.22care professional who is permitted by law to prescribe an opiate antagonist, if acting
13.23in good faith, may directly or by standing order prescribe, dispense, distribute, or
13.24administer an opiate antagonist to a person without being subject to civil liability or
13.25criminal prosecution for the act. This immunity applies even when the opiate antagonist
13.26is eventually administered in either or both of the following instances: (1) by someone
13.27other than the person to whom it is prescribed; or (2) to someone other than the person
13.28to whom it is prescribed.
13.29EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
13.30actions arising from incidents occurring on or after that date.
13.31 Sec. 9. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
13.32amended to read:
14.1 Subd. 9. Common entry point designation. (a) Each county board shall designate a
14.2common entry point for reports of suspected maltreatment, for use until the commissioner
14.3of human services establishes a common entry point. Two or more county boards may
14.4jointly designate a single common entry point. The commissioner of human services shall
14.5establish a common entry point effectiveJuly 1, 2014 no sooner than January 1, 2015.
14.6The common entry point is the unit responsible for receiving the report of suspected
14.7maltreatment under this section.
14.8(b) The common entry point must be available 24 hours per day to take calls from
14.9reporters of suspected maltreatment. The common entry point shall use a standard intake
14.10form that includes:
14.11(1) the time and date of the report;
14.12(2) the name, address, and telephone number of the person reporting;
14.13(3) the time, date, and location of the incident;
14.14(4) the names of the persons involved, including but not limited to, perpetrators,
14.15alleged victims, and witnesses;
14.16(5) whether there was a risk of imminent danger to the alleged victim;
14.17(6) a description of the suspected maltreatment;
14.18(7) the disability, if any, of the alleged victim;
14.19(8) the relationship of the alleged perpetrator to the alleged victim;
14.20(9) whether a facility was involved and, if so, which agency licenses the facility;
14.21(10) any action taken by the common entry point;
14.22(11) whether law enforcement has been notified;
14.23(12) whether the reporter wishes to receive notification of the initial and final
14.24reports; and
14.25(13) if the report is from a facility with an internal reporting procedure, the name,
14.26mailing address, and telephone number of the person who initiated the report internally.
14.27(c) The common entry point is not required to complete each item on the form prior
14.28to dispatching the report to the appropriate lead investigative agency.
14.29(d) The common entry point shall immediately report to a law enforcement agency
14.30any incident in which there is reason to believe a crime has been committed.
14.31(e) If a report is initially made to a law enforcement agency or a lead investigative
14.32agency, those agencies shall take the report on the appropriate common entry point intake
14.33forms and immediately forward a copy to the common entry point.
14.34(f) The common entry point staff must receive training on how to screen and
14.35dispatch reports efficiently and in accordance with this section.
15.1(g) The commissioner of human services shall maintain a centralized database
15.2for the collection of common entry point data, lead investigative agency data including
15.3maltreatment report disposition, and appeals data. The common entry point shall
15.4have access to the centralized database and must log the reports into the database and
15.5immediately identify and locate prior reports of abuse, neglect, or exploitation.
15.6(h) When appropriate, the common entry point staff must refer calls that do not
15.7allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
15.8that might resolve the reporter's concerns.
15.9(i) A common entry point must be operated in a manner that enables the
15.10commissioner of human services to:
15.11(1) track critical steps in the reporting, evaluation, referral, response, disposition,
15.12and investigative process to ensure compliance with all requirements for all reports;
15.13(2) maintain data to facilitate the production of aggregate statistical reports for
15.14monitoring patterns of abuse, neglect, or exploitation;
15.15(3) serve as a resource for the evaluation, management, and planning of preventative
15.16and remedial services for vulnerable adults who have been subject to abuse, neglect,
15.17or exploitation;
15.18(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
15.19of the common entry point; and
15.20(5) track and manage consumer complaints related to the common entry point.
15.21(j) The commissioners of human services and health shall collaborate on the
15.22creation of a system for referring reports to the lead investigative agencies. This system
15.23shall enable the commissioner of human services to track critical steps in the reporting,
15.24evaluation, referral, response, disposition, investigation, notification, determination, and
15.25appeal processes.
15.26EFFECTIVE DATE.This section is effective the day following final enactment.
1.3establishment of a common entry point; establishing registration of automatic
1.4external defibrillators; modifying stroke center criteria; changing the prescription
1.5monitoring program; establishing immunity from civil liability for use of opiate
1.6antagonists; modifying background study requirements;amending Minnesota
1.7Statutes 2012, sections 62U.04, subdivision 4, by adding a subdivision;
1.8152.126, as amended; Minnesota Statutes 2013 Supplement, sections 144.493,
1.9subdivisions 1, 2; 256N.21, by adding a subdivision; 626.557, subdivision 9;
1.10proposing coding for new law in Minnesota Statutes, chapters 403; 604A.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2012, section 62U.04, subdivision 4, is amended to read:
1.13 Subd. 4. Encounter data. (a) Beginning July 1, 2009, and every six months
1.14thereafter, all health plan companies and third-party administrators shall submit encounter
1.15data to a private entity designated by the commissioner of health. The data shall be
1.16submitted in a form and manner specified by the commissioner subject to the following
1.17requirements:
1.18 (1) the data must be de-identified data as described under the Code of Federal
1.19Regulations, title 45, section 164.514;
1.20 (2) the data for each encounter must include an identifier for the patient's health care
1.21home if the patient has selected a health care home; and
1.22 (3) except for the identifier described in clause (2), the data must not include
1.23information that is not included in a health care claim or equivalent encounter information
1.24transaction that is required under section
1.25 (b) The commissioner or the commissioner's designee shall only use the data
1.26submitted under paragraph (a) to carry out its responsibilities in this section, including
1.27supplying the data to providers so they can verify their results of the peer grouping process
2.1consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d),
2.2and adopted by the commissioner and, if necessary, submit comments to the commissioner
2.3or initiate an appeal.
2.4 (c) Data on providers collected under this subdivision are private data on individuals
2.5or nonpublic data, as defined in section
2.6data in section
2.7may be derived from nonpublic data. The commissioner or the commissioner's designee
2.8shall establish procedures and safeguards to protect the integrity and confidentiality of
2.9any data that it maintains.
2.10 (d) The commissioner or the commissioner's designee shall not publish analyses or
2.11reports that identify, or could potentially identify, individual patients.
2.12(e) The commissioner shall compile summary information on the data submitted
2.13under this subdivision. The commissioner shall work with its vendors to assess the
2.14data submitted in terms of compliance with the data submission requirements and the
2.15completeness of the data submitted by comparing the data with summary information
2.16compiled by the commissioner and with established and emerging data quality standards
2.17to ensure data quality.
2.18 Sec. 2. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
2.19to read:
2.20 Subd. 10. Restricted uses of the all-payer claims data. (a) Notwithstanding
2.21subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the
2.22commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for
2.23the following purposes:
2.24(1) to evaluate the performance of the health care home program as authorized under
2.25sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;
2.26(2) to study, in collaboration with the reducing avoidable readmissions effectively
2.27(RARE) campaign, hospital readmission trends and rates;
2.28(3) to analyze variations in health care costs, quality, utilization, and illness burden
2.29based on geographical areas or populations; and
2.30(4) to evaluate the state innovation model (SIM) testing grant received by the
2.31Departments of Health and Human Services, including the analysis of health care cost,
2.32quality, and utilization baseline and trend information for targeted populations and
2.33communities.
2.34(b) The commissioner may publish the results of the authorized uses identified
2.35in paragraph (a) so long as the data released publicly do not contain information or
3.1descriptions in which the identity of individual hospitals, clinics, or other providers may
3.2be discerned.
3.3(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
3.4using the data collected under subdivision 4 to complete the state-based risk adjustment
3.5system assessment due to the legislature on October 1, 2015.
3.6(d) The commissioner or the commissioner's designee may use the data submitted
3.7under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until
3.8July 1, 2016.
3.9 Sec. 3. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
3.10amended to read:
3.11 Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
3.12comprehensive stroke center if the hospital has been certified as a comprehensive stroke
3.13center by the joint commission or another nationally recognized accreditation entity and
3.14the hospital participates in the Minnesota stroke registry program.
3.15 Sec. 4. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
3.16amended to read:
3.17 Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
3.18center if the hospital has been certified as a primary stroke center by the joint commission
3.19or another nationally recognized accreditation entity and the hospital participates in the
3.20Minnesota stroke registry program.
3.21 Sec. 5. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
3.22113, article 3, section 3, is amended to read:
3.23152.126
3.24
3.25 Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
3.26this subdivision have the meanings given.
3.27
3.28chapter 151.
3.29
3.30subdivisions 3 to
3.32includes tramadol and butalbital.
4.1
4.2subdivision 30
4.3substance to a patient by a licensed health care professional.
4.4
4.5substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
4.6not include a licensed hospital pharmacy that distributes controlled substances for inpatient
4.7hospital care or a veterinarian who is dispensing prescriptions under section
4.8
4.9prescribe a controlled substance under section
4.10
4.11 Subd. 1a. Treatment of intractable pain. This section is not intended to limit or
4.12interfere with the legitimate prescribing of controlled substances for pain. No prescriber
4.13shall be subject to disciplinary action by a health-related licensing board for prescribing a
4.14controlled substance according to the provisions of section
4.15 Subd. 2. Prescription electronic reporting system. (a) The board shall establish
4.16by January 1, 2010, an electronic system for reporting the information required under
4.17subdivision 4 for all controlled substances dispensed within the state.
4.18 (b) The board may contract with a vendor for the purpose of obtaining technical
4.19assistance in the design, implementation, operation, and maintenance of the electronic
4.20reporting system.
4.21 Subd. 3. Prescription
4.22
4.23
4.24 (1) the Department of Health;
4.25 (2) the Department of Human Services;
4.26 (3) each health-related licensing board that licenses prescribers;
4.27 (4) a professional medical association, which may include an association of pain
4.28management and chemical dependency specialists;
4.29 (5) a professional pharmacy association;
4.30 (6) a professional nursing association;
4.31 (7) a professional dental association;
4.32 (8) a consumer privacy or security advocate; and
4.33 (9) a consumer or patient rights organization.
4.34 (b) The advisory
4.35operation of the
4.36but not limited to:
5.1 (1) technical standards for electronic prescription drug reporting;
5.2 (2) proper analysis and interpretation of prescription monitoring data; and
5.3 (3) an evaluation process for the program.
5.4(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
5.5subdivision 5, the task force shall not expire.
5.6 Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the
5.7following data to the board or its designated vendor
5.8
5.9 (1) name of the prescriber;
5.10 (2) national provider identifier of the prescriber;
5.11 (3) name of the dispenser;
5.12 (4) national provider identifier of the dispenser;
5.13 (5) prescription number;
5.14 (6) name of the patient for whom the prescription was written;
5.15 (7) address of the patient for whom the prescription was written;
5.16 (8) date of birth of the patient for whom the prescription was written;
5.17 (9) date the prescription was written;
5.18 (10) date the prescription was filled;
5.19 (11) name and strength of the controlled substance;
5.20 (12) quantity of controlled substance prescribed;
5.21 (13) quantity of controlled substance dispensed; and
5.22 (14) number of days supply.
5.23 (b) The dispenser must submit the required information by a procedure and in a
5.24format established by the board. The board may allow dispensers to omit data listed in this
5.25subdivision or may require the submission of data not listed in this subdivision provided
5.26the omission or submission is necessary for the purpose of complying with the electronic
5.27reporting or data transmission standards of the American Society for Automation in
5.28Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
5.29standard-setting body.
5.30 (c) A dispenser is not required to submit this data for those controlled substance
5.31prescriptions dispensed for:
5.32
5.33
5.34
5.35
5.36
6.1
6.2
6.3 (1) individuals residing in a health care facility as defined in section 151.58,
6.4subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
6.5drug distribution system according to section 151.58; and
6.6 (2) individuals receiving a drug sample that was packaged by a manufacturer and
6.7provided to the dispenser for dispensing as a professional sample pursuant to Code of
6.8Federal Regulations, title 21, section 203, subpart D.
6.9 (d) A dispenser must
6.10patient for whom the prescription was written a conspicuous notice of the reporting
6.11requirements of this section
6.12 and notice that the information may be used for program administration purposes.
6.13 Subd. 5. Use of data by board. (a) The board shall develop and maintain a database
6.14of the data reported under subdivision 4. The board shall maintain data that could identify
6.15an individual prescriber or dispenser in encrypted form. Except as otherwise allowed
6.16under subdivision 6, the database may be used by permissible users identified under
6.17subdivision 6 for the identification of:
6.18 (1) individuals receiving prescriptions for controlled substances from prescribers
6.19who subsequently obtain controlled substances from dispensers in quantities or with a
6.20frequency inconsistent with generally recognized standards of use for those controlled
6.21substances, including standards accepted by national and international pain management
6.22associations; and
6.23 (2) individuals presenting forged or otherwise false or altered prescriptions for
6.24controlled substances to dispensers.
6.25 (b) No permissible user identified under subdivision 6 may access the database
6.26for the sole purpose of identifying prescribers of controlled substances for unusual or
6.27excessive prescribing patterns without a valid search warrant or court order.
6.28 (c) No personnel of a state or federal occupational licensing board or agency may
6.29access the database for the purpose of obtaining information to be used to initiate or
6.30substantiate a disciplinary action against a prescriber.
6.31 (d) Data reported under subdivision 4 shall be
6.32
6.33
6.34permissible users for a 12-month period beginning the day the data was received and
6.35ending 12 months from the last day of the month in which the data was received, except
6.36that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
7.1use all data collected under this section for the purposes of administering, operating,
7.2and maintaining the prescription monitoring program and conducting trend analyses
7.3and other studies necessary to evaluate the effectiveness of the program. Data retained
7.4beyond 12 months must be de-identified.
7.5(e) The board shall not retain data reported under subdivision 4 for a period longer
7.6than five years from the date the data was received.
7.7 Subd. 6. Access to reporting system data. (a) Except as indicated in this
7.8subdivision, the data submitted to the board under subdivision 4 is private data on
7.9individuals as defined in section
7.10 (b) Except as specified in subdivision 5, the following persons shall be considered
7.11permissible users and may access the data submitted under subdivision 4 in the same or
7.12similar manner, and for the same or similar purposes, as those persons who are authorized
7.13to access similar private data on individuals under federal and state law:
7.14 (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
7.15delegated the task of accessing the data, to the extent the information relates specifically to
7.16a current patient, to whom the prescriber is:
7.17 (i) prescribing or considering prescribing any controlled substance;
7.18 (ii) providing emergency medical treatment for which access to the data may be
7.19necessary; or
7.20 (iii) providing other medical treatment for which access to the data may be necessary
7.21and the patient has consented to access to the submitted data, and with the provision that
7.22the prescriber remains responsible for the use or misuse of data accessed by a delegated
7.23agent or employee;
7.24 (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
7.25delegated the task of accessing the data, to the extent the information relates specifically
7.26to a current patient to whom that dispenser is dispensing or considering dispensing any
7.27controlled substance and with the provision that the dispenser remains responsible for the
7.28use or misuse of data accessed by a delegated agent or employee;
7.29 (3) an individual who is the recipient of a controlled substance prescription for
7.30which data was submitted under subdivision 4, or a guardian of the individual, parent or
7.31guardian of a minor, or health care agent of the individual acting under a health care
7.32directive under chapter 145C;
7.33 (4) personnel of the board specifically assigned to conduct a bona fide investigation
7.34of a specific licensee;
8.1 (5) personnel of the board engaged in the collection, review, and analysis
8.2 of controlled substance prescription information as part of the assigned duties and
8.3responsibilities under this section;
8.4 (6) authorized personnel of a vendor under contract with the
8.5Minnesota who are engaged in the design, implementation, operation, and maintenance of
8.6the
8.7duties and responsibilities of their employment, provided that access to data is limited to
8.8the minimum amount necessary to carry out such duties and responsibilities, and subject
8.9to the requirement of de-identification and time limit on retention of data specified in
8.10subdivision 5, paragraphs (d) and (e);
8.11 (7) federal, state, and local law enforcement authorities acting pursuant to a valid
8.12search warrant;
8.13 (8) personnel of the
8.14assigned to use the data collected under this section to identify recipients whose usage of
8.15controlled substances may warrant restriction to a single primary care
8.16a single outpatient pharmacy,
8.17(9) personnel of the Department of Human Services assigned to access the data
8.18pursuant to paragraph
8.19(10) personnel of the health professionals services program established under section
8.20214.31, to the extent that the information relates specifically to an individual who is
8.21currently enrolled in and being monitored by the program, and the individual consents to
8.22access to that information. The health professionals services program personnel shall not
8.23provide this data to a health-related licensing board or the Emergency Medical Services
8.24Regulatory Board, except as permitted under section 214.33, subdivision 3.
8.25 For purposes of clause
8.26definition of an individual under section
8.27 (c)
8.28and (8) may directly
8.29electronically, the permissible user shall implement and maintain a comprehensive
8.30information security program that contains administrative, technical, and physical
8.31safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
8.32personal information obtained. The permissible user shall identify reasonably foreseeable
8.33internal and external risks to the security, confidentiality, and integrity of personal
8.34information that could result in the unauthorized disclosure, misuse, or other compromise
8.35of the information and assess the sufficiency of any safeguards in place to control the risks.
9.1 (d) The board shall not release data submitted under
9.2it is provided with evidence, satisfactory to the board, that the person requesting the
9.3information is entitled to receive the data.
9.4
9.5
9.6
9.7
9.8
9.9of at least three years and shall ensure that any permissible user complies with paragraph
9.10(c) prior to attaining direct access to the data.
9.11
9.12pursuant to subdivision 2. A vendor shall not use data collected under this section for
9.13any purpose not specified in this section.
9.14
9.15establish and implement a system through which the Department of Human Services shall
9.16routinely access the data for the purpose of determining whether any client enrolled in
9.17an opioid treatment program licensed according to chapter 245A has been prescribed or
9.18dispensed a controlled substance in addition to that administered or dispensed by the
9.19opioid treatment program. When the commissioner determines there have been multiple
9.20prescribers or multiple prescriptions of controlled substances, the commissioner shall:
9.21(1) inform the medical director of the opioid treatment program only that the
9.22commissioner determined the existence of multiple prescribers or multiple prescriptions of
9.23controlled substances; and
9.24(2) direct the medical director of the opioid treatment program to access the data
9.25directly, review the effect of the multiple prescribers or multiple prescriptions, and
9.26document the review.
9.27If determined necessary, the commissioner of human services shall seek a federal waiver
9.28of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
9.30 Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to
9.31the board as required under this section is subject to disciplinary action by the appropriate
9.32health-related licensing board.
9.33 (b) A prescriber or dispenser authorized to access the data who knowingly discloses
9.34the data in violation of state or federal laws relating to the privacy of health care data
9.35shall be subject to disciplinary action by the appropriate health-related licensing board,
9.36and appropriate civil penalties.
10.1
10.2
10.3
10.4
10.5
10.6
10.7 Subd. 9. Immunity from liability; no requirement to obtain information. (a) A
10.8pharmacist, prescriber, or other dispenser making a report to the program in good faith
10.9under this section is immune from any civil, criminal, or administrative liability, which
10.10might otherwise be incurred or imposed as a result of the report, or on the basis that the
10.11pharmacist or prescriber did or did not seek or obtain or use information from the program.
10.12 (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
10.13to obtain information about a patient from the program, and the pharmacist, prescriber,
10.14or other dispenser, if acting in good faith, is immune from any civil, criminal, or
10.15administrative liability that might otherwise be incurred or imposed for requesting,
10.16receiving, or using information from the program.
10.17 Subd. 10. Funding. (a) The board may seek grants and private funds from nonprofit
10.18charitable foundations, the federal government, and other sources to fund the enhancement
10.19and ongoing operations of the prescription
10.20program established under this section. Any funds received shall be appropriated to the
10.21board for this purpose. The board may not expend funds to enhance the program in a way
10.22that conflicts with this section without seeking approval from the legislature.
10.23(b) Notwithstanding any other section, the administrative services unit for the
10.24health-related licensing boards shall apportion between the Board of Medical Practice, the
10.25Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
10.26Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
10.27be paid through fees by each respective board. The amount apportioned to each board
10.28shall equal each board's share of the annual appropriation to the Board of Pharmacy
10.29from the state government special revenue fund for operating the prescription
10.30
10.31shall be based on the number of prescribers or dispensers that each board identified in
10.32this paragraph licenses as a percentage of the total number of prescribers and dispensers
10.33licensed collectively by these boards. Each respective board may adjust the fees that the
10.34boards are required to collect to compensate for the amount apportioned to each board by
10.35the administrative services unit.
11.1 Sec. 6. Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding a
11.2subdivision to read:
11.3 Subd. 7. Background study. (a) A county or private agency conducting a
11.4background study for purposes of child foster care licensing or approval must conduct
11.5the study in accordance with chapter 245C and must meet the requirements in United
11.6States Code, title 42, section 671(a)(20).
11.7(b) A tribal organization conducting a background study for purposes of child foster
11.8care licensing or approval must conduct the study in accordance with the requirements in
11.9United States Code, title 25, sections 1931 to 1932. The study must meet the requirements
11.10in United States Code, title 42, section 671(a)(20), when applicable.
11.11 Sec. 7. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
11.12REGISTRATION.
11.13 Subdivision 1. Definitions. (a) For purposes of this section, the following terms
11.14have the meanings given them.
11.15(b) "Automatic external defibrillator" or "AED" means an electronic device designed
11.16and manufactured to operate automatically or semiautomatically for the purpose of
11.17delivering an electrical current to the heart of a person in sudden cardiac arrest.
11.18(c) "AED registry" means a registry of AEDs that requires a maintenance program
11.19or package, and includes, but is not limited to, the following registries: the Minnesota
11.20AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
11.21(d) "Person" means a natural person, partnership, association, corporation, or unit
11.22of government.
11.23(e) "Public access AED" means any AED that is intended, by its markings or display,
11.24to be used or accessed by the public for the benefit of the general public that may happen
11.25to be in the vicinity or location of that AED. It does not include an AED that is owned or
11.26used by a hospital, clinic, business, or organization that is intended to be used by staff and
11.27is not marked or displayed in a manner to encourage public access.
11.28(f) "Maintenance program or package" means a program that will alert the AED
11.29owner when the AED has electrodes and batteries due to expire or replaces those expiring
11.30electrodes and batteries for the AED owner.
11.31(g) "Public safety agency" means local law enforcement, county sheriff, municipal
11.32police, tribal agencies, state law enforcement, fire departments, including municipal
11.33departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
11.34and licensed ambulance services.
12.1(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
12.2in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
12.3placed in stationary storage, including, but not limited to, an AED used at an athletic event.
12.4(i) "Private use AED" means an AED that is not intended to be used or accessed by
12.5the public for the benefit of the general public. This may include, but is not limited to,
12.6AEDs found in private residences.
12.7 Subd. 2. Registration. A person who purchases or obtains a public access AED shall
12.8register that device with an AED registry within 30 working days of receiving the AED.
12.9 Subd. 3. Required information. A person registering a public access AED shall
12.10provide the following information for each AED:
12.11(1) AED manufacturer, model, and serial number;
12.12(2) specific location where the AED will be kept; and
12.13(3) the title, address, and telephone number of a person in management at the
12.14business or organization where the AED is located.
12.15 Subd. 4. Information changes. The owner of a public access AED shall notify their
12.16AED registry of any changes in the information that is required in the registration within
12.1730 working days of the change occurring.
12.18 Subd. 5. Public access AED requirements. A public access AED:
12.19(1) may be inspected during regular business hours by a public safety agency with
12.20jurisdiction over the location of the AED;
12.21(2) shall be kept in the location specified in the registration; and
12.22(3) shall be reasonably maintained, including replacement of dead batteries and
12.23pads/electrodes, and comply with all manufacturer's recall and safety notices.
12.24 Subd. 6. Removal of AED. An authorized agent of a public safety agency with
12.25jurisdiction over the location of the AED may direct the owner of a public access AED
12.26to comply with this section. Such authorized agent of a public safety agency may direct
12.27the owner of the AED to remove the AED from its public access location and to remove
12.28or cover any public signs relating to that AED if it is determined that the AED is not
12.29ready for immediate use.
12.30 Subd. 7. Private use AEDs. The owner of a private use AED is not subject to the
12.31requirements of this section but is encouraged to maintain the AED in a consistent manner.
12.32 Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the
12.33requirements of this section but is encouraged to maintain the AED in a consistent manner.
12.34 Subd. 9. Signs. A person acquiring a public use AED is encouraged but is not
12.35required to post signs bearing the universal AED symbol in order to increase the ease of
12.36access by the public to the AED in the event of an emergency. A person may not post any
13.1AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
13.2any AED signs by an authorized agent of a public safety agency.
13.3 Subd. 10. Emergency response plans. The owner of one or more public access
13.4AEDs shall develop an emergency response plan appropriate for the nature of the facility
13.5the AED is intended to serve.
13.6 Subd. 11. No civil liability. Nothing in this section shall create any civil liability on
13.7the part of an AED owner.
13.8EFFECTIVE DATE.This section is effective August 1, 2014.
13.9 Sec. 8. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
13.10 Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
13.11antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
13.12federal Food and Drug Administration for the treatment of a drug overdose.
13.13 Subd. 2. Authority to possess and administer opiate antagonists; release from
13.14liability. (a) A person who is not a health care professional may possess or administer
13.15an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
13.16care professional pursuant to subdivision 3.
13.17(b) A person who is not a health care professional who acts in good faith in
13.18administering an opiate antagonist to another person whom the person believes in good
13.19faith to be suffering a drug overdose is immune from criminal prosecution for the act and
13.20is not liable for any civil damages for acts or omissions resulting from the act.
13.21 Subd. 3. Health care professionals; release from liability. A licensed health
13.22care professional who is permitted by law to prescribe an opiate antagonist, if acting
13.23in good faith, may directly or by standing order prescribe, dispense, distribute, or
13.24administer an opiate antagonist to a person without being subject to civil liability or
13.25criminal prosecution for the act. This immunity applies even when the opiate antagonist
13.26is eventually administered in either or both of the following instances: (1) by someone
13.27other than the person to whom it is prescribed; or (2) to someone other than the person
13.28to whom it is prescribed.
13.29EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
13.30actions arising from incidents occurring on or after that date.
13.31 Sec. 9. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
13.32amended to read:
14.1 Subd. 9. Common entry point designation. (a) Each county board shall designate a
14.2common entry point for reports of suspected maltreatment, for use until the commissioner
14.3of human services establishes a common entry point. Two or more county boards may
14.4jointly designate a single common entry point. The commissioner of human services shall
14.5establish a common entry point effective
14.6The common entry point is the unit responsible for receiving the report of suspected
14.7maltreatment under this section.
14.8(b) The common entry point must be available 24 hours per day to take calls from
14.9reporters of suspected maltreatment. The common entry point shall use a standard intake
14.10form that includes:
14.11(1) the time and date of the report;
14.12(2) the name, address, and telephone number of the person reporting;
14.13(3) the time, date, and location of the incident;
14.14(4) the names of the persons involved, including but not limited to, perpetrators,
14.15alleged victims, and witnesses;
14.16(5) whether there was a risk of imminent danger to the alleged victim;
14.17(6) a description of the suspected maltreatment;
14.18(7) the disability, if any, of the alleged victim;
14.19(8) the relationship of the alleged perpetrator to the alleged victim;
14.20(9) whether a facility was involved and, if so, which agency licenses the facility;
14.21(10) any action taken by the common entry point;
14.22(11) whether law enforcement has been notified;
14.23(12) whether the reporter wishes to receive notification of the initial and final
14.24reports; and
14.25(13) if the report is from a facility with an internal reporting procedure, the name,
14.26mailing address, and telephone number of the person who initiated the report internally.
14.27(c) The common entry point is not required to complete each item on the form prior
14.28to dispatching the report to the appropriate lead investigative agency.
14.29(d) The common entry point shall immediately report to a law enforcement agency
14.30any incident in which there is reason to believe a crime has been committed.
14.31(e) If a report is initially made to a law enforcement agency or a lead investigative
14.32agency, those agencies shall take the report on the appropriate common entry point intake
14.33forms and immediately forward a copy to the common entry point.
14.34(f) The common entry point staff must receive training on how to screen and
14.35dispatch reports efficiently and in accordance with this section.
15.1(g) The commissioner of human services shall maintain a centralized database
15.2for the collection of common entry point data, lead investigative agency data including
15.3maltreatment report disposition, and appeals data. The common entry point shall
15.4have access to the centralized database and must log the reports into the database and
15.5immediately identify and locate prior reports of abuse, neglect, or exploitation.
15.6(h) When appropriate, the common entry point staff must refer calls that do not
15.7allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
15.8that might resolve the reporter's concerns.
15.9(i) A common entry point must be operated in a manner that enables the
15.10commissioner of human services to:
15.11(1) track critical steps in the reporting, evaluation, referral, response, disposition,
15.12and investigative process to ensure compliance with all requirements for all reports;
15.13(2) maintain data to facilitate the production of aggregate statistical reports for
15.14monitoring patterns of abuse, neglect, or exploitation;
15.15(3) serve as a resource for the evaluation, management, and planning of preventative
15.16and remedial services for vulnerable adults who have been subject to abuse, neglect,
15.17or exploitation;
15.18(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
15.19of the common entry point; and
15.20(5) track and manage consumer complaints related to the common entry point.
15.21(j) The commissioners of human services and health shall collaborate on the
15.22creation of a system for referring reports to the lead investigative agencies. This system
15.23shall enable the commissioner of human services to track critical steps in the reporting,
15.24evaluation, referral, response, disposition, investigation, notification, determination, and
15.25appeal processes.
15.26EFFECTIVE DATE.This section is effective the day following final enactment.