Bill Text: MN HF2402 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Omnibus health and human services policy bill.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2014-05-21 - Secretary of State Chapter 291 [HF2402 Detail]

Download: Minnesota-2013-HF2402-Engrossed.html

1.1A bill for an act
1.2relating to state government; making changes to health and human services policy
1.3provisions; modifying provisions relating to children and family services, the
1.4provision of health services, chemical and mental health services, health-related
1.5licensing boards, Department of Health, public health, continuing care, and
1.6health care; establishing reporting requirements and grounds for disciplinary
1.7action for health professionals; making changes to the medical assistance
1.8program; modifying the newborn screening program; regulating the sale and
1.9use of tobacco-related and electronic delivery devices; modifying requirements
1.10for local boards of health; modifying provisions governing prescription drugs;
1.11making changes to provisions governing the Board of Pharmacy; modifying
1.12home and community-based services standards; making changes to grant
1.13programs; modifying certain penalty fees; requiring studies and reports;
1.14amending Minnesota Statutes 2012, sections 62J.497, subdivision 5; 62U.04,
1.15subdivision 4, by adding subdivisions; 144.125, subdivisions 3, 4, 5, 8, 9, 10;
1.16144.1501, subdivision 1; 144.4165; 144.565, subdivision 4; 144D.065; 144E.101,
1.17subdivision 6; 145.928, by adding a subdivision; 145A.02, subdivisions 5, 15, by
1.18adding subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision;
1.19145A.04, as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5,
1.206, by adding subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11,
1.21subdivision 2; 145A.131; 148.01, subdivisions 1, 2, by adding a subdivision;
1.22148.105, subdivision 1; 148.6402, subdivision 17; 148.6404; 148.6430;
1.23148.6432, subdivision 1; 148.7802, subdivisions 3, 9; 148.7803, subdivision 1;
1.24148.7805, subdivision 1; 148.7808, subdivisions 1, 4; 148.7812, subdivision
1.252; 148.7813, by adding a subdivision; 148.7814; 148.995, subdivision 2;
1.26148B.5301, subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01,
1.27subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091,
1.28subdivision 16; 150A.10; 151.01; 151.06; 151.211; 151.26; 151.34; 151.35;
1.29151.361, subdivision 2; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3,
1.305; 152.126, as amended; 153.16, subdivisions 1, 2, 3, by adding subdivisions;
1.31214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31;
1.32214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19;
1.33245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision
1.342; 253B.092, subdivision 2; 254B.01, by adding a subdivision; 254B.05,
1.35subdivision 5; 256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28;
1.36256B.0751, by adding a subdivision; 256B.493, subdivision 1; 256B.5016,
1.37subdivision 1; 256B.69, subdivision 16, by adding a subdivision; 256D.01,
1.38subdivision 1e; 256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04,
1.39subdivision 2a; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding
2.1a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18;
2.2461.19; 609.685; 609.6855; 626.556, subdivision 11c; Minnesota Statutes
2.32013 Supplement, sections 144.1225, subdivision 2; 144.125, subdivision 7;
2.4144.493, subdivisions 1, 2; 144A.474, subdivision 12; 144A.475, subdivision
2.53, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7;
2.6151.252, by adding a subdivision; 152.02, subdivision 2; 245D.02, by adding
2.7a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision 1; 245D.07,
2.8subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09, subdivisions 3, 4, 4a,
2.95; 245D.095, subdivision 3; 245D.22, subdivision 4; 245D.31, subdivisions 3,
2.104, 5; 245D.33; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21;
2.11256B.0659, subdivision 21; 256B.0922, subdivision 1; 256B.4912, subdivision
2.1210; 256B.492; 256B.766; 256B.85, subdivision 12; 260.835, subdivision 2;
2.13626.557, subdivision 9; Laws 2011, First Special Session chapter 9, article
2.147, section 7; article 9, section 17; Laws 2013, chapter 108, article 7, section
2.1560; proposing coding for new law in Minnesota Statutes, chapters 144; 144D;
2.16150A; 151; 214; 325H; 403; 604A; repealing Minnesota Statutes 2012, sections
2.17144.125, subdivision 6; 145A.02, subdivision 2; 145A.03, subdivisions 3, 6;
2.18145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9,
2.1910; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision
2.202; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08;
2.21Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision
2.222; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions
2.231, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000;
2.249500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300;
2.259505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
2.26BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.27ARTICLE 1
2.28CHILDREN AND FAMILY SERVICES

2.29    Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to
2.30read:
2.31    Subd. 19. Family day care and group family day care child age classifications.
2.32(a) For the purposes of family day care and group family day care licensing under this
2.33chapter, the following terms have the meanings given them in this subdivision.
2.34(b) "Newborn" means a child between birth and six weeks old.
2.35(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
2.36(d) "Toddler" means a child who is at least 12 months old but less than 24 months
2.37old, except that for purposes of specialized infant and toddler family and group family day
2.38care, "toddler" means a child who is at least 12 months old but less than 30 months old.
2.39(e) "Preschooler" means a child who is at least 24 months old up to the school age of
2.40being eligible to enter kindergarten within the next four months.
2.41(f) "School age" means a child who is at least of sufficient age to have attended the
2.42first day of kindergarten, or is eligible to enter kindergarten within the next four months
2.43 five years of age, but is younger than 11 years of age.

3.1    Sec. 2. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
3.2    Subd. 4. Duties of commissioner. The commissioner of human services shall:
3.3(1) provide practice guidance to responsible social services agencies and child-placing
3.4agencies that reflect federal and state laws and policy direction on placement of children;
3.5(2) develop criteria for determining whether a prospective adoptive or foster family
3.6has the ability to understand and validate the child's cultural background;
3.7(3) provide a standardized training curriculum for adoption and foster care workers
3.8and administrators who work with children. Training must address the following objectives:
3.9(i) developing and maintaining sensitivity to all cultures;
3.10(ii) assessing values and their cultural implications;
3.11(iii) making individualized placement decisions that advance the best interests of a
3.12particular child under section 260C.212, subdivision 2; and
3.13(iv) issues related to cross-cultural placement;
3.14(4) provide a training curriculum for all prospective adoptive and foster families that
3.15prepares them to care for the needs of adoptive and foster children taking into consideration
3.16the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
3.17(5) develop and provide to agencies a home study format to assess the capacities
3.18and needs of prospective adoptive and foster families. The format must address
3.19problem-solving skills; parenting skills; evaluate the degree to which the prospective
3.20family has the ability to understand and validate the child's cultural background, and other
3.21issues needed to provide sufficient information for agencies to make an individualized
3.22placement decision consistent with section 260C.212, subdivision 2. For a study of a
3.23prospective foster parent, the format must also address the capacity of the prospective
3.24foster parent to provide a safe, healthy, smoke-free home environment. If a prospective
3.25adoptive parent has also been a foster parent, any update necessary to a home study for
3.26the purpose of adoption may be completed by the licensing authority responsible for the
3.27foster parent's license. If a prospective adoptive parent with an approved adoptive home
3.28study also applies for a foster care license, the license application may be made with the
3.29same agency which provided the adoptive home study; and
3.30(6) consult with representatives reflecting diverse populations from the councils
3.31established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and
3.32community organizations.

3.33    Sec. 3. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
3.34    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing
3.35agency must:
4.1(1) develop and follow procedures for implementing the requirements of section
4.2260C.212, subdivision 2 , and the Indian Child Welfare Act, United States Code, title
4.325, sections 1901 to 1923;
4.4(2) have a written plan for recruiting adoptive and foster families that reflect the
4.5ethnic and racial diversity of children who are in need of foster and adoptive homes.
4.6The plan must include:
4.7(i) strategies for using existing resources in diverse communities;
4.8(ii) use of diverse outreach staff wherever possible;
4.9(iii) use of diverse foster homes for placements after birth and before adoption; and
4.10(iv) other techniques as appropriate;
4.11(3) have a written plan for training adoptive and foster families;
4.12(4) have a written plan for employing staff in adoption and foster care who have
4.13the capacity to assess the foster and adoptive parents' ability to understand and validate a
4.14child's cultural and meet the child's individual needs, and to advance the best interests of
4.15the child, as required in section 260C.212, subdivision 2. The plan must include staffing
4.16goals and objectives;
4.17(5) ensure that adoption and foster care workers attend training offered or approved
4.18by the Department of Human Services regarding cultural diversity and the needs of special
4.19needs children; and
4.20(6) develop and implement procedures for implementing the requirements of the
4.21Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
4.22(7) ensure that children in foster care are protected from the effects of secondhand
4.23smoke and that licensed foster homes maintain a smoke-free environment in compliance
4.24with subdivision 9.
4.25(b) In determining the suitability of a proposed placement of an Indian child, the
4.26standards to be applied must be the prevailing social and cultural standards of the Indian
4.27child's community, and the agency shall defer to tribal judgment as to suitability of a
4.28particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

4.29    Sec. 4. Minnesota Statutes 2012, section 260C.215, is amended by adding a
4.30subdivision to read:
4.31    Subd. 9. Preventing exposure to secondhand smoke for children in foster care.
4.32    (a) A child in foster care shall not be exposed to any type of secondhand smoke in the
4.33following settings:
4.34    (1) a licensed foster home or any enclosed space connected to the home, including a
4.35garage, porch, deck, or similar space; or
5.1    (2) a motor vehicle while a foster child is transported.
5.2    (b) Smoking in outdoor areas on the premises of the home is permitted, except when
5.3a foster child is present and exposed to secondhand smoke.
5.4    (c) The home study required in subdivision 4, clause (5), must include a plan to
5.5maintain a smoke-free environment for foster children.
5.6    (d) If a foster parent fails to provide a smoke-free environment for a foster child, the
5.7child-placing agency must ask the foster parent to comply with a plan that includes training
5.8on the health risks of exposure to secondhand smoke. If the agency determines that the
5.9foster parent is unable to provide a smoke-free environment and that the home environment
5.10constitutes a health risk to a foster child, the agency must reassess whether the placement
5.11is based on the child's best interests consistent with section 260C.212, subdivision 2.
5.12    (e) Nothing in this subdivision shall delay the placement of a child with a relative,
5.13consistent with section 245A.035, unless the relative is unable to provide for the
5.14immediate health needs of the individual child.
5.15    (f) If a child's best interests would most effectively be served by placement in a home
5.16which will not meet the requirements of paragraph (a), the failure to meet the requirements
5.17of paragraph (a) shall not be a cause to deny placement in that home.
5.18    (g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a
5.19basis for denying placement pursuant to the provisions of the federal Indian Child Welfare
5.20Act or Minnesota Indian Family Preservation Act.
5.21    (h) Nothing in this subdivision shall be interpreted to interfere with traditional or
5.22spiritual Native American or religious ceremonies involving the use of tobacco.

5.23    Sec. 5. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
5.24    Subd. 11c. Welfare, court services agency, and school records maintained.
5.25Notwithstanding sections 138.163 and 138.17, records maintained or records derived
5.26from reports of abuse by local welfare agencies, agencies responsible for assessing or
5.27investigating the report, court services agencies, or schools under this section shall be
5.28destroyed as provided in paragraphs (a) to (d) by the responsible authority.
5.29(a) For family assessment cases and cases where an investigation results in no
5.30determination of maltreatment or the need for child protective services, the assessment or
5.31investigation records must be maintained for a period of four years. Records under this
5.32paragraph may not be used for employment, background checks, or purposes other than to
5.33assist in future risk and safety assessments.
6.1(b) All records relating to reports which, upon investigation, indicate either
6.2maltreatment or a need for child protective services shall be maintained for at least ten
6.3years after the date of the final entry in the case record.
6.4(c) All records regarding a report of maltreatment, including any notification of intent
6.5to interview which was received by a school under subdivision 10, paragraph (d), shall be
6.6destroyed by the school when ordered to do so by the agency conducting the assessment or
6.7investigation. The agency shall order the destruction of the notification when other records
6.8relating to the report under investigation or assessment are destroyed under this subdivision.
6.9(d) Private or confidential data released to a court services agency under subdivision
6.1010h must be destroyed by the court services agency when ordered to do so by the local
6.11welfare agency that released the data. The local welfare agency or agency responsible for
6.12assessing or investigating the report shall order destruction of the data when other records
6.13relating to the assessment or investigation are destroyed under this subdivision.
6.14(e) For reports alleging child maltreatment that were not accepted for assessment
6.15or investigation, counties shall maintain sufficient information to identify repeat reports
6.16alleging maltreatment of the same child or children for 365 days from the date the report
6.17was screened out. The Department of Human Services shall specify to the counties the
6.18minimum information needed to accomplish this purpose. Counties shall enter this data
6.19into the state social services information system.

6.20    Sec. 6. MINNESOTA TANF EXPENDITURES TASK FORCE.
6.21    Subdivision 1. Establishment. The Minnesota TANF Expenditures Task Force is
6.22established to analyze past temporary assistance for needy families (TANF) expenditures
6.23and make recommendations as to which, if any, programs currently receiving TANF
6.24funding should be funded by the general fund so that a greater portion of TANF funds
6.25can go directly to Minnesota families receiving assistance through the Minnesota family
6.26investment program under Minnesota Statutes, chapter 256J.
6.27    Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of the
6.28following members who serve at the pleasure of their appointing authority:
6.29(1) one representative of the Department of Human Services appointed by the
6.30commissioner of human services;
6.31(2) one representative of the Department of Management and Budget appointed by
6.32the commissioner of management and budget;
6.33(3) one representative of the Department of Health appointed by the commissioner
6.34of health;
6.35(4) one representative of the Local Public Health Association of Minnesota;
7.1(5) two representatives of county government appointed by the Association of
7.2Minnesota Counties, one representing counties in the seven-county metropolitan area
7.3and one representing all other counties;
7.4(6) one representative of the Minnesota Legal Services Coalition;
7.5(7) one representative of the Children's Defense Fund of Minnesota;
7.6(8) one representative of the Minnesota Coalition for the Homeless;
7.7(9) one representative of the Welfare Rights Coalition;
7.8(10) two members of the house of representatives, one appointed by the speaker of
7.9the house and one appointed by the minority leader; and
7.10(11) two members of the senate, including one member of the minority party,
7.11appointed according to the rules of the senate.
7.12(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
7.13shall serve without compensation or reimbursement of expenses.
7.14(c) The commissioner of human services must convene the first meeting of the
7.15Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
7.16least quarterly.
7.17(d) Staffing and technical assistance shall be provided within available resources by
7.18the Department of Human Services, children and family services division.
7.19    Subd. 3. Duties. (a) The task force must report on past expenditures of the TANF
7.20block grant, including a determination of whether or not programs for which TANF funds
7.21have been appropriated meet the purposes of the TANF program as defined under Code of
7.22Federal Regulations, title 45, section 260.20, and make recommendations as to which,
7.23if any, programs currently receiving TANF funds should be funded by the general fund.
7.24In making recommendations on program funding sources, the task force shall consider
7.25the following:
7.26(1) the original purpose of the TANF block grant under Code of Federal Regulations,
7.27title 45, section 260.20;
7.28(2) potential overlap of the population eligible for the Minnesota family investment
7.29program cash grant and the other programs currently receiving TANF funds;
7.30(3) the ability for TANF funds, as appropriated under current law, to effectively help
7.31the lowest-income Minnesotans out of poverty;
7.32(4) the impact of past expenditures on families who may be eligible for assistance
7.33through TANF;
7.34(5) the ability of TANF funds to support effective parenting and optimal brain
7.35development in children under five years old; and
8.1(6) the role of noncash assistance expenditures in maintaining compliance with
8.2federal law.
8.3(b) In preparing the recommendations under paragraph (a), the task force shall
8.4consult with appropriate Department of Human Services information technology staff
8.5regarding implementation of the recommendations.
8.6    Subd. 4. Report. (a) The task force must submit an initial report by November
8.730, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
8.8ranking minority members of the legislative committees with jurisdiction over health and
8.9human services policy and finance.
8.10(b) The task force must submit a final report by February 1, 2015, analyzing past
8.11TANF expenditures and making recommendations as to which programs, if any, currently
8.12receiving TANF funding should be funded by the general fund, including any phase-in
8.13period and draft legislation necessary for implementation, to the chairs and ranking
8.14minority members of the legislative committees with jurisdiction over health and human
8.15services policy and finance.
8.16    Subd. 5. Expiration. This section expires March 1, 2015, or upon submission of the
8.17final report required under subdivision 4, whichever is earlier.

8.18    Sec. 7. REVISOR'S INSTRUCTION.
8.19The revisor of statutes shall change the term "guardianship assistance" to "Northstar
8.20kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
8.21refer to the program components related to Northstar Care for Children under Minnesota
8.22Statutes, chapter 256N.

8.23ARTICLE 2
8.24PROVISION OF HEALTH SERVICES

8.25    Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
8.26read:
8.27    Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
8.28basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
8.29accompany the patient and provide a level of care so as to ensure that:
8.30    (1) life-threatening situations and potentially serious injuries are recognized;
8.31    (2) patients are protected from additional hazards;
8.32    (3) basic treatment to reduce the seriousness of emergency situations is administered;
8.33and
8.34    (4) patients are transported to an appropriate medical facility for treatment.
9.1    (b) A basic life-support service shall provide basic airway management.
9.2    (c) A basic life-support service shall provide automatic defibrillation.
9.3    (d) A basic life-support service licensee's medical director may authorize ambulance
9.4service personnel to perform intravenous infusion and use equipment that is within the
9.5licensure level of the ambulance service, including administration of an opiate antagonist.
9.6Ambulance service personnel must be properly trained. Documentation of authorization
9.7for use, guidelines for use, continuing education, and skill verification must be maintained
9.8in the licensee's files.
9.9    (e) Upon application from an ambulance service that includes evidence demonstrating
9.10hardship, the board may grant a variance from the staff requirements in paragraph (a) and
9.11may authorize a basic life-support ambulance to be staffed by one EMT and one registered
9.12emergency medical responder driver for all emergency ambulance calls and interfacility
9.13transfers. The variance shall apply to basic life-support ambulances operated by the
9.14ambulance service until the ambulance service renews its license. When a variance expires,
9.15an ambulance service may apply for a new variance under this paragraph. For purposes of
9.16this paragraph, "ambulance service" means either an ambulance service whose primary
9.17service area is mainly located outside the metropolitan counties listed in section 473.121,
9.18subdivision 4
, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
9.19Cloud; or an ambulance service based in a community with a population of less than 1,000.
9.20    (f) After an initial emergency ambulance call, each subsequent emergency ambulance
9.21response, until the initial ambulance is again available, and interfacility transfers, may
9.22be staffed by one registered emergency medical responder driver and an EMT. The
9.23EMT must accompany the patient and provide the level of care required in paragraph
9.24(a). This paragraph applies only to an ambulance service whose primary service area is
9.25mainly located outside the metropolitan counties listed in section 473.121, subdivision
9.264
, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
9.27ambulance based in a community with a population of less than 1,000 persons.

9.28    Sec. 2. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
9.29    Subdivision 1. Practice of dentistry. A person licensed to practice dentistry under
9.30sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating
9.31in the administration of an influenza vaccination.
9.32    Subd. 2. Qualified dentists. (a) The influenza immunization shall be administered
9.33only to patients 19 years of age and older and only by licensed dentists who:
10.1(1) have immediate access to emergency response equipment, including but not
10.2limited to oxygen administration equipment, epinephrine, and other allergic reaction
10.3response equipment; and
10.4(2) are trained in or have successfully completed a program approved by the
10.5Minnesota Board of Dentistry, specifically for the administration of immunizations. The
10.6training or program must include:
10.7(i) educational material on the disease of influenza and vaccination as prevention
10.8of the disease;
10.9(ii) contraindications and precautions;
10.10(iii) intramuscular administration;
10.11(iv) communication of risk and benefits of influenza vaccination and legal
10.12requirements involved;
10.13(v) reporting of adverse events;
10.14(vi) documentation required by federal law; and
10.15(vii) storage and handling of vaccines.
10.16(b) Any dentist giving influenza vaccinations under this section shall comply
10.17with guidelines established by the federal Advisory Committee on Immunization
10.18Practices relating to vaccines and immunizations, which includes, but is not limited to,
10.19vaccine storage and handling, vaccine administration and documentation, and vaccine
10.20contraindications and precautions.
10.21    Subd. 3. Coordination of care. After a dentist qualified under subdivision 2 has
10.22administered an influenza vaccine to a patient, the dentist shall report the administration of
10.23the immunization to the Minnesota Immunization Information Connection or otherwise
10.24notify the patient's primary physician or clinic of the administration of the immunization.
10.25EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
10.26influenza immunizations performed on or after that date.

10.27    Sec. 3. Minnesota Statutes 2012, section 151.37, is amended by adding a subdivision
10.28to read:
10.29    Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed
10.30physician, a licensed advanced practice registered nurse authorized to prescribe drugs
10.31pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
10.32pursuant to section 147A.18, may authorize the following individuals to administer opiate
10.33antagonists, as defined in section 604A.04, subdivision 1:
10.34(1) an emergency medical responder registered pursuant to section 144E.27;
11.1(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
11.2(d); and
11.3(3) staff of community-based health disease prevention or social service programs.
11.4(b) For the purposes of this subdivision, opiate antagonists may be administered by
11.5one of these individuals only if:
11.6(1) the licensed physician, licensed physician assistant, or licensed advanced
11.7practice registered nurse has issued a standing order to, or entered into a protocol with,
11.8the individual; and
11.9(2) the individual has training in the recognition of signs of opiate overdose and the
11.10use of opiate antagonists as part of the emergency response to opiate overdose.
11.11(c) Nothing in this section prohibits the possession and administration of naloxone
11.12pursuant to section 604A.04.

11.13    Sec. 4. [151.71] MAXIMUM ALLOWABLE COST PRICING.
11.14    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
11.15have the meanings given.
11.16(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision
11.174.
11.18(c) "Pharmacy benefit manager" means an entity doing business in this state that
11.19contracts to administer or manage prescription drug benefits on behalf of any health plan
11.20company that provides prescription drug benefits to residents of this state.
11.21    Subd. 2. Pharmacy benefit manager contracts with pharmacies; maximum
11.22allowable cost pricing. (a) In each contract between a pharmacy benefit manager and
11.23a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit
11.24manager a current list of the sources used to determine maximum allowable cost pricing.
11.25The pharmacy benefit manager shall update the pricing information at least every seven
11.26business days and provide a means by which contracted pharmacies may promptly review
11.27current prices in an electronic, print, or telephonic format within one business day at no
11.28cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate
11.29products from the list of drugs subject to maximum allowable cost pricing in a timely
11.30manner in order to remain consistent with changes in the marketplace.
11.31(b) In order to place a prescription drug on a maximum allowable cost list, a
11.32pharmacy benefit manager shall ensure that the drug is generally available for purchase by
11.33pharmacies in this state from a national or regional wholesaler and is not obsolete.
12.1(c) Each contract between a pharmacy benefit manager and a pharmacy must include
12.2a process to appeal, investigate, and resolve disputes regarding maximum allowable cost
12.3pricing that includes:
12.4(1) a 15 business day limit on the right to appeal following the initial claim;
12.5(2) a requirement that the appeal be investigated and resolved within seven business
12.6days after the appeal; and
12.7(3) a requirement that a pharmacy benefit manager provide a reason for any appeal
12.8denial and identify the national drug code of a drug that may be purchased by the
12.9pharmacy at a price at or below the maximum allowable cost price as determined by
12.10the pharmacy benefit manager.
12.11(d) If the appeal is upheld, the pharmacy benefit manager shall make an adjustment
12.12to the maximum allowable cost price no later than one business day after the date of
12.13determination. The pharmacy benefit manager shall make the price adjustment applicable
12.14to all similarly situated network pharmacy providers as defined by the plan sponsor.
12.15EFFECTIVE DATE.This section is effective January 1, 2015.

12.16    Sec. 5. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
12.17113, article 3, section 3, is amended to read:
12.18152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
12.19REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
12.20    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
12.21this subdivision have the meanings given.
12.22    (a) (b) "Board" means the Minnesota State Board of Pharmacy established under
12.23chapter 151.
12.24    (b) (c) "Controlled substances" means those substances listed in section 152.02,
12.25subdivisions 3 to 5 6, and those substances defined by the board pursuant to section
12.26152.02, subdivisions 7 , 8, and 12. For the purposes of this section, controlled substances
12.27includes tramadol and butalbital.
12.28    (c) (d) "Dispense" or "dispensing" has the meaning given in section 151.01,
12.29subdivision 30
. Dispensing does not include the direct administering of a controlled
12.30substance to a patient by a licensed health care professional.
12.31    (d) (e) "Dispenser" means a person authorized by law to dispense a controlled
12.32substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
12.33not include a licensed hospital pharmacy that distributes controlled substances for inpatient
12.34hospital care or a veterinarian who is dispensing prescriptions under section 156.18.
13.1    (e) (f) "Prescriber" means a licensed health care professional who is authorized to
13.2prescribe a controlled substance under section 152.12, subdivision 1 or 2.
13.3    (f) (g) "Prescription" has the meaning given in section 151.01, subdivision 16.
13.4    Subd. 1a. Treatment of intractable pain. This section is not intended to limit or
13.5interfere with the legitimate prescribing of controlled substances for pain. No prescriber
13.6shall be subject to disciplinary action by a health-related licensing board for prescribing a
13.7controlled substance according to the provisions of section 152.125.
13.8    Subd. 2. Prescription electronic reporting system. (a) The board shall establish
13.9by January 1, 2010, an electronic system for reporting the information required under
13.10subdivision 4 for all controlled substances dispensed within the state.
13.11    (b) The board may contract with a vendor for the purpose of obtaining technical
13.12assistance in the design, implementation, operation, and maintenance of the electronic
13.13reporting system.
13.14    Subd. 3. Prescription Electronic Reporting Monitoring Program Advisory
13.15Committee Task Force. (a) The board shall convene shall appoint an advisory committee.
13.16The committee must include task force consisting of at least one representative of:
13.17    (1) the Department of Health;
13.18    (2) the Department of Human Services;
13.19    (3) each health-related licensing board that licenses prescribers;
13.20    (4) a professional medical association, which may include an association of pain
13.21management and chemical dependency specialists;
13.22    (5) a professional pharmacy association;
13.23    (6) a professional nursing association;
13.24    (7) a professional dental association;
13.25    (8) a consumer privacy or security advocate; and
13.26    (9) a consumer or patient rights organization.
13.27    (b) The advisory committee task force shall advise the board on the development and
13.28operation of the electronic reporting system prescription monitoring program, including,
13.29but not limited to:
13.30    (1) technical standards for electronic prescription drug reporting;
13.31    (2) proper analysis and interpretation of prescription monitoring data; and
13.32    (3) an evaluation process for the program.
13.33(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
13.34subdivision 5, the task force shall not expire.
14.1    Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the
14.2following data to the board or its designated vendor, subject to the notice required under
14.3paragraph (d):
14.4    (1) name of the prescriber;
14.5    (2) national provider identifier of the prescriber;
14.6    (3) name of the dispenser;
14.7    (4) national provider identifier of the dispenser;
14.8    (5) prescription number;
14.9    (6) name of the patient for whom the prescription was written;
14.10    (7) address of the patient for whom the prescription was written;
14.11    (8) date of birth of the patient for whom the prescription was written;
14.12    (9) date the prescription was written;
14.13    (10) date the prescription was filled;
14.14    (11) name and strength of the controlled substance;
14.15    (12) quantity of controlled substance prescribed;
14.16    (13) quantity of controlled substance dispensed; and
14.17    (14) number of days supply.
14.18    (b) The dispenser must submit the required information by a procedure and in a
14.19format established by the board. The board may allow dispensers to omit data listed in this
14.20subdivision or may require the submission of data not listed in this subdivision provided
14.21the omission or submission is necessary for the purpose of complying with the electronic
14.22reporting or data transmission standards of the American Society for Automation in
14.23Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
14.24standard-setting body.
14.25    (c) A dispenser is not required to submit this data for those controlled substance
14.26prescriptions dispensed for:
14.27    (1) individuals residing in licensed skilled nursing or intermediate care facilities;
14.28    (2) individuals receiving assisted living services under chapter 144G or through a
14.29medical assistance home and community-based waiver;
14.30    (3) individuals receiving medication intravenously;
14.31    (4) individuals receiving hospice and other palliative or end-of-life care; and
14.32    (5) individuals receiving services from a home care provider regulated under chapter
14.33144A.
14.34    (1) individuals residing in a health care facility as defined in section 151.58,
14.35subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
14.36drug distribution system according to section 151.58; and
15.1    (2) individuals receiving a drug sample that was packaged by a manufacturer and
15.2provided to the dispenser for dispensing as a professional sample pursuant to Code of
15.3Federal Regulations, title 21, section 203, subpart D.
15.4    (d) A dispenser must not submit data under this subdivision unless provide to the
15.5patient for whom the prescription was written a conspicuous notice of the reporting
15.6requirements of this section is given to the patient for whom the prescription was written
15.7 and notice that the information may be used for program administration purposes.
15.8    Subd. 5. Use of data by board. (a) The board shall develop and maintain a database
15.9of the data reported under subdivision 4. The board shall maintain data that could identify
15.10an individual prescriber or dispenser in encrypted form. Except as otherwise allowed
15.11under subdivision 6, the database may be used by permissible users identified under
15.12subdivision 6 for the identification of:
15.13    (1) individuals receiving prescriptions for controlled substances from prescribers
15.14who subsequently obtain controlled substances from dispensers in quantities or with a
15.15frequency inconsistent with generally recognized standards of use for those controlled
15.16substances, including standards accepted by national and international pain management
15.17associations; and
15.18    (2) individuals presenting forged or otherwise false or altered prescriptions for
15.19controlled substances to dispensers.
15.20    (b) No permissible user identified under subdivision 6 may access the database
15.21for the sole purpose of identifying prescribers of controlled substances for unusual or
15.22excessive prescribing patterns without a valid search warrant or court order.
15.23    (c) No personnel of a state or federal occupational licensing board or agency may
15.24access the database for the purpose of obtaining information to be used to initiate or
15.25substantiate a disciplinary action against a prescriber.
15.26    (d) Data reported under subdivision 4 shall be retained by the board in the database
15.27for a 12-month period, and shall be removed from the database no later than 12 months
15.28from the last day of the month during which the data was received. made available to
15.29permissible users for a 12-month period beginning the day the data was received and
15.30ending 12 months from the last day of the month in which the data was received, except
15.31that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
15.32use all data collected under this section for the purposes of administering, operating,
15.33and maintaining the prescription monitoring program and conducting trend analyses
15.34and other studies necessary to evaluate the effectiveness of the program. Data retained
15.35beyond 12 months must be de-identified.
16.1    (e) The board may retain data reported under subdivision 4 for up to three years
16.2from the date the data was received. The board must destroy the data by the end of the
16.3three-year period.
16.4    Subd. 6. Access to reporting system data. (a) Except as indicated in this
16.5subdivision, the data submitted to the board under subdivision 4 is private data on
16.6individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
16.7    (b) Except as specified in subdivision 5, the following persons shall be considered
16.8permissible users and may access the data submitted under subdivision 4 in the same or
16.9similar manner, and for the same or similar purposes, as those persons who are authorized
16.10to access similar private data on individuals under federal and state law:
16.11    (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
16.12delegated the task of accessing the data, to the extent the information relates specifically to
16.13a current patient, to whom the prescriber is:
16.14    (i) prescribing or considering prescribing any controlled substance;
16.15    (ii) providing emergency medical treatment for which access to the data may be
16.16necessary; or
16.17    (iii) providing other medical treatment for which access to the data may be necessary
16.18and the patient has consented to access to the submitted data, and with the provision that
16.19the prescriber remains responsible for the use or misuse of data accessed by a delegated
16.20agent or employee;
16.21    (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
16.22delegated the task of accessing the data, to the extent the information relates specifically
16.23to a current patient to whom that dispenser is dispensing or considering dispensing any
16.24controlled substance and with the provision that the dispenser remains responsible for the
16.25use or misuse of data accessed by a delegated agent or employee;
16.26    (3) an individual who is the recipient of a controlled substance prescription for
16.27which data was submitted under subdivision 4, or a guardian of the individual, parent or
16.28guardian of a minor, or health care agent of the individual acting under a health care
16.29directive under chapter 145C;
16.30    (4) personnel of the board specifically assigned to conduct a bona fide investigation
16.31of a specific licensee;
16.32    (5) personnel of the board engaged in the collection, review, and analysis
16.33 of controlled substance prescription information as part of the assigned duties and
16.34responsibilities under this section;
16.35    (6) authorized personnel of a vendor under contract with the board state of
16.36Minnesota who are engaged in the design, implementation, operation, and maintenance of
17.1the electronic reporting system prescription monitoring program as part of the assigned
17.2duties and responsibilities of their employment, provided that access to data is limited to
17.3the minimum amount necessary to carry out such duties and responsibilities, and subject
17.4to the requirements related to the de-identification, retention, and destruction of data
17.5specified in subdivision 5, paragraphs (d) and (e);
17.6    (7) federal, state, and local law enforcement authorities acting pursuant to a valid
17.7search warrant;
17.8    (8) personnel of the medical assistance program Minnesota health care programs
17.9assigned to use the data collected under this section to identify recipients whose usage of
17.10controlled substances may warrant restriction to a single primary care physician provider,
17.11a single outpatient pharmacy, or and a single hospital; and
17.12(9) personnel of the Department of Human Services assigned to access the data
17.13pursuant to paragraph (h); and
17.14(10) personnel of the health professionals services program established under section
17.15214.31, to the extent that the information relates specifically to an individual who is
17.16currently enrolled in and being monitored by the program, and the individual consents to
17.17access to that information. The health professionals services program personnel shall not
17.18provide this data to a health-related licensing board or the Emergency Medical Services
17.19Regulatory Board, except as permitted under section 214.33, subdivision 3.
17.20    For purposes of clause (3) (4), access by an individual includes persons in the
17.21definition of an individual under section 13.02.
17.22    (c) Any A permissible user identified in paragraph (b), who clauses (1), (2), (5), (6),
17.23and (8) may directly accesses access the data electronically,. If the data is directly accessed
17.24electronically, the permissible user shall implement and maintain a comprehensive
17.25information security program that contains administrative, technical, and physical
17.26safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
17.27personal information obtained. The permissible user shall identify reasonably foreseeable
17.28internal and external risks to the security, confidentiality, and integrity of personal
17.29information that could result in the unauthorized disclosure, misuse, or other compromise
17.30of the information and assess the sufficiency of any safeguards in place to control the risks.
17.31    (d) The board shall not release data submitted under this section subdivision 4 unless
17.32it is provided with evidence, satisfactory to the board, that the person requesting the
17.33information is entitled to receive the data.
17.34    (e) The board shall not release the name of a prescriber without the written consent
17.35of the prescriber or a valid search warrant or court order. The board shall provide a
18.1mechanism for a prescriber to submit to the board a signed consent authorizing the release
18.2of the prescriber's name when data containing the prescriber's name is requested.
18.3    (f) (e) The board shall maintain a log of all persons who access the data for a period
18.4of at least three years and shall ensure that any permissible user complies with paragraph
18.5(c) prior to attaining direct access to the data.
18.6(g) (f) Section 13.05, subdivision 6, shall apply to any contract the board enters into
18.7pursuant to subdivision 2. A vendor shall not use data collected under this section for
18.8any purpose not specified in this section.
18.9(h) (g) With available appropriations, the commissioner of human services shall
18.10establish and implement a system through which the Department of Human Services shall
18.11routinely access the data for the purpose of determining whether any client enrolled in
18.12an opioid treatment program licensed according to chapter 245A has been prescribed or
18.13dispensed a controlled substance in addition to that administered or dispensed by the
18.14opioid treatment program. When the commissioner determines there have been multiple
18.15prescribers or multiple prescriptions of controlled substances, the commissioner shall:
18.16(1) inform the medical director of the opioid treatment program only that the
18.17commissioner determined the existence of multiple prescribers or multiple prescriptions of
18.18controlled substances; and
18.19(2) direct the medical director of the opioid treatment program to access the data
18.20directly, review the effect of the multiple prescribers or multiple prescriptions, and
18.21document the review.
18.22If determined necessary, the commissioner of human services shall seek a federal waiver
18.23of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
18.242.34 , item (c), prior to implementing this paragraph.
18.25    Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to
18.26the board as required under this section is subject to disciplinary action by the appropriate
18.27health-related licensing board.
18.28    (b) A prescriber or dispenser authorized to access the data who knowingly discloses
18.29the data in violation of state or federal laws relating to the privacy of health care data
18.30shall be subject to disciplinary action by the appropriate health-related licensing board,
18.31and appropriate civil penalties.
18.32    Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription
18.33electronic reporting system to determine if the system is negatively impacting appropriate
18.34prescribing practices of controlled substances. The board may contract with a vendor to
18.35design and conduct the evaluation.
19.1    (b) The board shall submit the evaluation of the system to the legislature by July
19.215, 2011.
19.3    Subd. 9. Immunity from liability; no requirement to obtain information. (a) A
19.4pharmacist, prescriber, or other dispenser making a report to the program in good faith
19.5under this section is immune from any civil, criminal, or administrative liability, which
19.6might otherwise be incurred or imposed as a result of the report, or on the basis that the
19.7pharmacist or prescriber did or did not seek or obtain or use information from the program.
19.8    (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
19.9to obtain information about a patient from the program, and the pharmacist, prescriber,
19.10or other dispenser, if acting in good faith, is immune from any civil, criminal, or
19.11administrative liability that might otherwise be incurred or imposed for requesting,
19.12receiving, or using information from the program.
19.13    Subd. 10. Funding. (a) The board may seek grants and private funds from nonprofit
19.14charitable foundations, the federal government, and other sources to fund the enhancement
19.15and ongoing operations of the prescription electronic reporting system monitoring
19.16program established under this section. Any funds received shall be appropriated to the
19.17board for this purpose. The board may not expend funds to enhance the program in a way
19.18that conflicts with this section without seeking approval from the legislature.
19.19(b) Notwithstanding any other section, the administrative services unit for the
19.20health-related licensing boards shall apportion between the Board of Medical Practice, the
19.21Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
19.22Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
19.23be paid through fees by each respective board. The amount apportioned to each board
19.24shall equal each board's share of the annual appropriation to the Board of Pharmacy
19.25from the state government special revenue fund for operating the prescription electronic
19.26reporting system monitoring program under this section. Each board's apportioned share
19.27shall be based on the number of prescribers or dispensers that each board identified in
19.28this paragraph licenses as a percentage of the total number of prescribers and dispensers
19.29licensed collectively by these boards. Each respective board may adjust the fees that the
19.30boards are required to collect to compensate for the amount apportioned to each board by
19.31the administrative services unit.

19.32    Sec. 6. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
19.33    Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
19.34antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
19.35federal Food and Drug Administration for the treatment of a drug overdose.
20.1    Subd. 2. Authority to possess and administer opiate antagonists; release from
20.2liability. (a) A person who is not a health care professional may possess or administer
20.3an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
20.4care professional pursuant to subdivision 3.
20.5(b) A person who is not a health care professional who acts in good faith in
20.6administering an opiate antagonist to another person whom the person believes in good
20.7faith to be suffering a drug overdose is immune from criminal prosecution for the act and
20.8is not liable for any civil damages for acts or omissions resulting from the act.
20.9    Subd. 3. Health care professionals; release from liability. A licensed health care
20.10professional who is permitted by law to prescribe an opiate antagonist, if acting in good
20.11faith, may directly or by standing order prescribe, dispense, distribute, or administer an
20.12opiate antagonist to a person without being subject to civil liability or criminal prosecution
20.13for the act. This immunity applies even when the opiate antagonist is eventually
20.14administered in either or both of the following instances: (1) by someone other than the
20.15person to whom it is prescribed; or (2) to someone other than the person to whom it is
20.16prescribed. This subdivision does not apply if the licensed health care professional is
20.17acting during the course of regular employment and receiving compensation or expecting
20.18to receive compensation for those actions.
20.19EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
20.20actions arising from incidents occurring on or after that date.

20.21    Sec. 7. [604A.05] GOOD SAMARITAN OVERDOSE MEDICAL ASSISTANCE.
20.22    Subdivision 1. Person seeking medical assistance; immunity from prosecution.
20.23    A person acting in good faith who seeks medical assistance for another person who is
20.24experiencing a drug overdose may not be arrested, charged, prosecuted, or penalized, or
20.25have that person's property subject to civil forfeiture for the possession, sharing, or use
20.26of a controlled substance or drug paraphernalia; or a violation of a condition of pretrial
20.27release, probation, furlough, supervised release, or parole. A person qualifies for the
20.28immunities provided in this subdivision only if: (1) the evidence for the arrest, charge,
20.29prosecution, seizure, or penalty was obtained as a result of the person's seeking medical
20.30assistance for another person; and (2) the person seeks medical assistance for another
20.31person who is in need of medical assistance for an immediate health or safety concern,
20.32provided that the person who seeks the medical assistance is the first person to seek the
20.33assistance, provides the person's name and contact information, remains on the scene until
20.34assistance arrives and is provided, and cooperates with the authorities.
21.1    Subd. 2. Person experiencing an overdose; immunity from prosecution. A
21.2person who experiences a drug overdose and is in need of medical assistance may not be
21.3arrested, charged, prosecuted, or penalized, or have that person's property subject to civil
21.4forfeiture for: (1) the possession of a controlled substance or drug paraphernalia; or (2)
21.5a violation of a condition of pretrial release, probation, furlough, supervised release, or
21.6parole. A person qualifies for the immunities provided in this subdivision only if the
21.7evidence for the arrest, charge, prosecution, seizure, or penalty was obtained as a result
21.8of the drug overdose and the need for medical assistance.
21.9    Subd. 3. Effect on other criminal prosecutions. (a) The immunity provisions of
21.10this section do not preclude prosecution of the person on the basis of evidence obtained
21.11from an independent source.
21.12    (b) The act of providing first aid or other medical assistance to someone who is
21.13experiencing a drug overdose may be used as a mitigating factor in a criminal prosecution
21.14for which immunity is not provided.
21.15EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
21.16actions arising from incidents occurring on or after that date.

21.17    Sec. 8. CITATION.
21.18Sections 6 and 7 may be known and cited as "Steve's Law."

21.19    Sec. 9. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
21.20DATABASE.
21.21The Board of Pharmacy, in collaboration with the Prescription Monitoring Program
21.22Advisory Task Force, shall report to the chairs and ranking minority members of the house
21.23of representatives and senate committees and divisions with jurisdiction over health and
21.24human services policy and finance, by December 15, 2014, with:
21.25(1) recommendations on whether or not to require the use of the prescription
21.26monitoring program database by prescribers when prescribing or considering prescribing,
21.27and pharmacists when dispensing or considering dispensing, a controlled substance as
21.28defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c);
21.29(2) an analysis of the impact of the prescription monitoring program on rates of
21.30chemical abuse and prescription drug abuse; and
21.31(3) recommendations on approaches to encourage access to appropriate treatment
21.32for prescription drug abuse, through the prescription monitoring program.

22.1ARTICLE 3
22.2CHEMICAL AND MENTAL HEALTH SERVICES

22.3    Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to
22.4read:
22.5    Subd. 6a. Adult foster care homes serving people with mental illness;
22.6certification. (a) The commissioner of human services shall issue a mental health
22.7certification for adult foster care homes licensed under this chapter and Minnesota Rules,
22.8parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of mental
22.9illness where the home is not the primary residence of the license holder when a provider
22.10is determined to have met the requirements under paragraph (b). This certification is
22.11voluntary for license holders. The certification shall be printed on the license, and
22.12identified on the commissioner's public Web site.
22.13(b) The requirements for certification are:
22.14(1) all staff working in the adult foster care home have received at least seven hours
22.15of annual training under paragraph (c) covering all of the following topics:
22.16(i) mental health diagnoses;
22.17(ii) mental health crisis response and de-escalation techniques;
22.18(iii) recovery from mental illness;
22.19(iv) treatment options including evidence-based practices;
22.20(v) medications and their side effects;
22.21(vi) suicide intervention, identifying suicide warning signs, and appropriate
22.22responses;
22.23(vii) co-occurring substance abuse and health conditions; and
22.24(vii) (viii) community resources;
22.25(2) a mental health professional, as defined in section 245.462, subdivision 18, or
22.26a mental health practitioner as defined in section 245.462, subdivision 17, are available
22.27for consultation and assistance;
22.28(3) there is a plan and protocol in place to address a mental health crisis; and
22.29(4) there is a crisis plan for each individual's Individual Placement Agreement
22.30 individual that identifies who is providing clinical services and their contact information,
22.31and includes an individual crisis prevention and management plan developed with the
22.32individual.
22.33(c) The training curriculum must be approved by the commissioner of human
22.34services and must include a testing component after training is completed. Training must
22.35be provided by a mental health professional or a mental health practitioner. Training may
23.1also be provided by an individual living with a mental illness or a family member of such
23.2an individual, who is from a nonprofit organization with a history of providing educational
23.3classes on mental illnesses approved by the Department of Human Services to deliver
23.4mental health training. Staff must receive three hours of training in the areas specified in
23.5paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The
23.6remaining hours of mandatory training, including a review of the information in paragraph
23.7(b), clause (1), item (ii), must be completed within six months of the hire date. For
23.8programs licensed under chapter 245D, training under this chapter may be incorporated
23.9into the 30 hours of staff orientation training required under section 245D.09, subdivision 4.
23.10(c) (d) License holders seeking certification under this subdivision must request
23.11this certification on forms provided by the commissioner and must submit the request to
23.12the county licensing agency in which the home is located. The county licensing agency
23.13must forward the request to the commissioner with a county recommendation regarding
23.14whether the commissioner should issue the certification.
23.15(d) (e) Ongoing compliance with the certification requirements under paragraph (b)
23.16shall be reviewed by the county licensing agency at each licensing review. When a county
23.17licensing agency determines that the requirements of paragraph (b) are not met, the county
23.18shall inform the commissioner, and the commissioner will remove the certification.
23.19(e) (f) A denial of the certification or the removal of the certification based on a
23.20determination that the requirements under paragraph (b) have not been met by the adult
23.21foster care license holder are not subject to appeal. A license holder that has been denied a
23.22certification or that has had a certification removed may again request certification when
23.23the license holder is in compliance with the requirements of paragraph (b).

23.24    Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
23.25245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
23.26(a) The commissioner of human services shall issue a mental health certification
23.27for services licensed under this chapter when a license holder is determined to have met
23.28the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification
23.29is voluntary for license holders. The certification shall be printed on the license and
23.30identified on the commissioner's public Web site.
23.31(b) The requirements for certification are:
23.32(1) all staff have received at least seven hours of annual training covering all of
23.33the following topics:
23.34(i) mental health diagnoses;
23.35(ii) mental health crisis response and de-escalation techniques;
24.1(iii) recovery from mental illness;
24.2(iv) treatment options, including evidence-based practices;
24.3(v) medications and their side effects;
24.4(vi) co-occurring substance abuse and health conditions; and
24.5(vii) community resources;
24.6(2) a mental health professional, as defined in section 245.462, subdivision 18, or a
24.7mental health practitioner as defined in section 245.462, subdivision 17, is available
24.8for consultation and assistance;
24.9(3) there is a plan and protocol in place to address a mental health crisis; and
24.10(4) each person's individual service and support plan identifies who is providing
24.11clinical services and their contact information, and includes an individual crisis prevention
24.12and management plan developed with the person.
24.13(c) License holders seeking certification under this section must request this
24.14certification on forms and in the manner prescribed by the commissioner.
24.15(d) (c) If the commissioner finds that the license holder has failed to comply with
24.16the certification requirements under section 245A.03, subdivision 6a, paragraph (b),
24.17the commissioner may issue a correction order and an order of conditional license in
24.18accordance with section 245A.06 or may issue a sanction in accordance with section
24.19245A.07 , including and up to removal of the certification.
24.20(e) (d) A denial of the certification or the removal of the certification based on a
24.21determination that the requirements under section 245A.03, subdivision 6a, paragraph
24.22(b) have not been met is not subject to appeal. A license holder that has been denied a
24.23certification or that has had a certification removed may again request certification when
24.24the license holder is in compliance with the requirements of section 245A.03, subdivision
24.256a, paragraph (b).

24.26    Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
24.27    Subd. 2. Administration without judicial review. Neuroleptic medications may be
24.28administered without judicial review in the following circumstances:
24.29(1) the patient has the capacity to make an informed decision under subdivision 4;
24.30(2) the patient does not have the present capacity to consent to the administration
24.31of neuroleptic medication, but prepared a health care directive under chapter 145C or a
24.32declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
24.33agent or proxy to request treatment, and the agent or proxy has requested the treatment;
24.34(3) the patient has been prescribed neuroleptic medication but lacks the capacity
24.35to consent to the administration of that neuroleptic medication upon admission to the
25.1treatment facility; continued administration of the medication is in the patient's best
25.2interest; and the patient does not refuse administration of the medication. In this situation,
25.3the previously prescribed neuroleptic medication may be continued for up to 14 days
25.4while the treating physician:
25.5(i) is obtaining a substitute decision-maker appointed by the court under subdivision
25.66; or
25.7(ii) is requesting an amendment to a current court order authorizing administration
25.8of neuroleptic medication;
25.9(4) a substitute decision-maker appointed by the court consents to the administration
25.10of the neuroleptic medication and the patient does not refuse administration of the
25.11medication; or
25.12(4) (5) the substitute decision-maker does not consent or the patient is refusing
25.13medication, and the patient is in an emergency situation.

25.14    Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
25.15amended to read:
25.16    Subd. 2. Membership terms, compensation, removal and expiration. The
25.17membership of this council shall be composed of 17 persons who are American Indians
25.18and who are appointed by the commissioner. The commissioner shall appoint one
25.19representative from each of the following groups: Red Lake Band of Chippewa Indians;
25.20Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
25.21Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
25.22Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
25.23Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
25.24Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
25.25Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
25.26and two representatives from the Minneapolis Urban Indian Community and two from the
25.27St. Paul Urban Indian Community. The terms, compensation, and removal of American
25.28Indian Advisory Council members shall be as provided in section 15.059. The council
25.29expires June 30, 2014 2018.
25.30EFFECTIVE DATE.This section is effective the day following final enactment.

25.31    Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
25.32254A.04 CITIZENS ADVISORY COUNCIL.
26.1There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
26.2advise the Department of Human Services concerning the problems of alcohol and
26.3other drug dependency and abuse, composed of ten members. Five members shall be
26.4individuals whose interests or training are in the field of alcohol dependency and abuse;
26.5and five members whose interests or training are in the field of dependency and abuse of
26.6drugs other than alcohol. The terms, compensation and removal of members shall be as
26.7provided in section 15.059. The council expires June 30, 2014 2018. The commissioner
26.8of human services shall appoint members whose terms end in even-numbered years. The
26.9commissioner of health shall appoint members whose terms end in odd-numbered years.
26.10EFFECTIVE DATE.This section is effective the day following final enactment.

26.11    Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision
26.12to read:
26.13    Subd. 8. Culturally specific program. (a) "Culturally specific program" means a
26.14substance use disorder treatment service program that is recovery-focused and culturally
26.15specific when the program:
26.16(1) improves service quality to and outcomes of a specific population by advancing
26.17health equity to help eliminate health disparities; and
26.18(2) ensures effective, equitable, comprehensive, and respectful quality care services
26.19that are responsive to an individual within a specific population's values, beliefs and
26.20practices, health literacy, preferred language, and other communication needs.
26.21(b) A tribally licensed substance use disorder program that is designated as serving
26.22a culturally specific population by the applicable tribal government is deemed to satisfy
26.23this subdivision.

26.24    Sec. 7. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
26.25    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for
26.26chemical dependency services and service enhancements funded under this chapter.
26.27(b) Eligible chemical dependency treatment services include:
26.28(1) outpatient treatment services that are licensed according to Minnesota Rules,
26.29parts 9530.6405 to 9530.6480, or applicable tribal license;
26.30(2) medication-assisted therapy services that are licensed according to Minnesota
26.31Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
26.32(3) medication-assisted therapy plus enhanced treatment services that meet the
26.33requirements of clause (2) and provide nine hours of clinical services each week;
27.1(4) high, medium, and low intensity residential treatment services that are licensed
27.2according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
27.3tribal license which provide, respectively, 30, 15, and five hours of clinical services each
27.4week;
27.5(5) hospital-based treatment services that are licensed according to Minnesota Rules,
27.6parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
27.7sections 144.50 to 144.56;
27.8(6) adolescent treatment programs that are licensed as outpatient treatment programs
27.9according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
27.10programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
27.11(7) room and board facilities that meet the requirements of section 254B.05,
27.12subdivision 1a.
27.13(c) The commissioner shall establish higher rates for programs that meet the
27.14requirements of paragraph (b) and the following additional requirements:
27.15(1) programs that serve parents with their children if the program meets the
27.16additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child
27.17care that meets the requirements of section 245A.03, subdivision 2, during hours of
27.18treatment activity;
27.19(2) culturally specific programs serving special populations as defined in section
27.20254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part
27.219530.6605, subpart 13;
27.22(3) programs that offer medical services delivered by appropriately credentialed
27.23health care staff in an amount equal to two hours per client per week; and
27.24(4) programs that offer services to individuals with co-occurring mental health and
27.25chemical dependency problems if:
27.26(i) the program meets the co-occurring requirements in Minnesota Rules, part
27.279530.6495;
27.28(ii) 25 percent of the counseling staff are mental health professionals, as defined in
27.29section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
27.30under the supervision of a licensed alcohol and drug counselor supervisor and licensed
27.31mental health professional, except that no more than 50 percent of the mental health staff
27.32may be students or licensing candidates;
27.33(iii) clients scoring positive on a standardized mental health screen receive a mental
27.34health diagnostic assessment within ten days of admission;
27.35(iv) the program has standards for multidisciplinary case review that include a
27.36monthly review for each client;
28.1(v) family education is offered that addresses mental health and substance abuse
28.2disorders and the interaction between the two; and
28.3(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
28.4training annually.
28.5(d) Adolescent residential programs that meet the requirements of Minnesota Rules,
28.6parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause
28.7(4), items (i) to (iv).

28.8    Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
28.9amended to read:
28.10    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American
28.11Indian Child Welfare Advisory Council expires June 30, 2014 2018.
28.12EFFECTIVE DATE.This section is effective the day following final enactment.

28.13    Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
28.14    Subd. 3. Juvenile treatment screening team. (a) The responsible social services
28.15agency shall establish a juvenile treatment screening team to conduct screenings and
28.16prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision
28.173. Screenings shall be conducted within 15 days of a request for a screening, unless
28.18the screening is for the purpose of placement in mental health residential treatment
28.19and the child is enrolled in a prepaid health program under section 256B.69 in which
28.20case the screening shall be conducted within ten working days of a request. The team,
28.21which may be the team constituted under section 245.4885 or 256B.092 or Minnesota
28.22Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice
28.23professionals, persons with expertise in the treatment of juveniles who are emotionally
28.24disabled, chemically dependent, or have a developmental disability, and the child's parent,
28.25guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201,
28.26subdivision 11
, or section 260C.515, subdivision 4. The team may be the same team as
28.27defined in section 260B.157, subdivision 3.
28.28(b) The social services agency shall determine whether a child brought to its
28.29attention for the purposes described in this section is an Indian child, as defined in section
28.30260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as
28.31defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child,
28.32the team provided in paragraph (a) shall include a designated representative of the Indian
28.33child's tribe, unless the child's tribal authority declines to appoint a representative. The
29.1Indian child's tribe may delegate its authority to represent the child to any other federally
29.2recognized Indian tribe, as defined in section 260.755, subdivision 12.
29.3(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
29.4(1) for the primary purpose of treatment for an emotional disturbance, a
29.5developmental disability, or chemical dependency in a residential treatment facility out
29.6of state or in one which is within the state and licensed by the commissioner of human
29.7services under chapter 245A; or
29.8(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
29.9postdispositional placement in a facility licensed by the commissioner of corrections or
29.10human services, the court shall ascertain whether the child is an Indian child and shall
29.11notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
29.12child's tribe. The county's juvenile treatment screening team must either: (i) screen and
29.13evaluate the child and file its recommendations with the court within 14 days of receipt
29.14of the notice; or (ii) elect not to screen a given case and notify the court of that decision
29.15within three working days.
29.16(d) The child may not be placed for the primary purpose of treatment for an
29.17emotional disturbance, a developmental disability, or chemical dependency, in a residential
29.18treatment facility out of state nor in a residential treatment facility within the state that is
29.19licensed under chapter 245A, unless one of the following conditions applies:
29.20(1) a treatment professional certifies that an emergency requires the placement
29.21of the child in a facility within the state;
29.22(2) the screening team has evaluated the child and recommended that a residential
29.23placement is necessary to meet the child's treatment needs and the safety needs of the
29.24community, that it is a cost-effective means of meeting the treatment needs, and that it
29.25will be of therapeutic value to the child; or
29.26(3) the court, having reviewed a screening team recommendation against placement,
29.27determines to the contrary that a residential placement is necessary. The court shall state
29.28the reasons for its determination in writing, on the record, and shall respond specifically
29.29to the findings and recommendation of the screening team in explaining why the
29.30recommendation was rejected. The attorney representing the child and the prosecuting
29.31attorney shall be afforded an opportunity to be heard on the matter.
29.32(e) When the county's juvenile treatment screening team has elected to screen and
29.33evaluate a child determined to be an Indian child, the team shall provide notice to the
29.34tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
29.35member of the tribe or as a person eligible for membership in the tribe, and permit the
29.36tribe's representative to participate in the screening team.
30.1(f) When the Indian child's tribe or tribal health care services provider or Indian
30.2Health Services provider proposes to place a child for the primary purpose of treatment
30.3for an emotional disturbance, a developmental disability, or co-occurring emotional
30.4disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
30.5the child's tribe shall submit necessary documentation to the county juvenile treatment
30.6screening team, which must invite the Indian child's tribe to designate a representative to
30.7the screening team.

30.8    Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO
30.9COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
30.10COMMITTED TO COMMISSIONER.
30.11The commissioner of human services may create a pilot program that is designed to
30.12respond to issues that were raised in the February 2013 Office of the Legislative Auditor
30.13report on state-operated services. The pilot program may include no more than three
30.14counties to test the efficacy of providing notice and information to the commissioner prior
30.15to or when a petition is filed to commit a patient exclusively to the commissioner. The
30.16commissioner shall provide a status update to the chairs and ranking minority members of
30.17the legislative committees with jurisdiction over civil commitment and human services
30.18issues, no later than January 15, 2015.

30.19ARTICLE 4
30.20HEALTH-RELATED LICENSING BOARDS

30.21    Section 1. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
30.22    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10:
30.23    (1) "chiropractic" is defined as the science of adjusting any abnormal articulations
30.24of the human body, especially those of the spinal column, for the purpose of giving
30.25freedom of action to impinged nerves that may cause pain or deranged function; and
30.26 means the health care discipline that recognizes the innate recuperative power of the body
30.27to heal itself without the use of drugs or surgery by identifying and caring for vertebral
30.28subluxations and other abnormal articulations by emphasizing the relationship between
30.29structure and function as coordinated by the nervous system and how that relationship
30.30affects the preservation and restoration of health;
30.31    (2) "chiropractic services" means the evaluation and facilitation of structural,
30.32biomechanical, and neurological function and integrity through the use of adjustment,
30.33manipulation, mobilization, or other procedures accomplished by manual or mechanical
30.34forces applied to bones or joints and their related soft tissues for correction of vertebral
31.1subluxation, other abnormal articulations, neurological disturbances, structural alterations,
31.2or biomechanical alterations, and includes, but is not limited to, manual therapy and
31.3mechanical therapy as defined in section 146.23;
31.4    (3) "abnormal articulation" means the condition of opposing bony joint surfaces and
31.5their related soft tissues that do not function normally, including subluxation, fixation,
31.6adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or
31.7disturbances within the nervous system, results in postural alteration, inhibits motion,
31.8allows excessive motion, alters direction of motion, or results in loss of axial loading
31.9efficiency, or a combination of these;
31.10    (4) "diagnosis" means the physical, clinical, and laboratory examination of the
31.11patient, and the use of diagnostic services for diagnostic purposes within the scope of the
31.12practice of chiropractic described in sections 148.01 to 148.10;
31.13    (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic
31.14measures, including diagnostic imaging that may be necessary to determine the presence
31.15or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for
31.16evaluation of a health concern, diagnosis, differential diagnosis, treatment, further
31.17examination, or referral;
31.18    (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota
31.19Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive
31.20sciences and procedures for which the licensee was subject to examination under section
31.21148.06. When provided, therapeutic services must be performed within a practice
31.22where the primary focus is the provision of chiropractic services, to prepare the patient
31.23for chiropractic services, or to complement the provision of chiropractic services. The
31.24administration of therapeutic services is the responsibility of the treating chiropractor and
31.25must be rendered under the direct supervision of qualified staff;
31.26    (7) "acupuncture" means a modality of treating abnormal physical conditions
31.27by stimulating various points of the body or interruption of the cutaneous integrity
31.28by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as
31.29utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an
31.30independent therapy or separately from chiropractic services. Acupuncture is permitted
31.31under section 148.01 only after registration with the board which requires completion
31.32of a board-approved course of study and successful completion of a board-approved
31.33national examination on acupuncture. Renewal of registration shall require completion of
31.34board-approved continuing education requirements in acupuncture. The restrictions of
31.35section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture
31.36under this section; and
32.1    (2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes
32.2identifying and resolving vertebral subluxation complexes, spinal manipulation, and
32.3manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
32.4diagnosis and treatment does not include:
32.5    (i) performing surgery;
32.6    (ii) dispensing or administering of medications; or
32.7    (iii) performing traditional veterinary care and diagnosis.

32.8    Sec. 2. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
32.9    Subd. 2. Exclusions. The practice of chiropractic is not the practice of medicine,
32.10surgery, or osteopathy, or physical therapy.

32.11    Sec. 3. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
32.12to read:
32.13    Subd. 4. Practice of chiropractic. An individual licensed to practice under section
32.14148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services,
32.15and to provide diagnosis and to render opinions pertaining to those services for the
32.16purpose of determining a course of action in the best interests of the patient, such as a
32.17treatment plan, appropriate referral, or both.

32.18    Sec. 4. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
32.19    Subdivision 1. Generally. Any person who practices, or attempts to practice,
32.20chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
32.21"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
32.22the public to believe that the person who so uses the terms is engaged in the practice of
32.23chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
32.24guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
32.25than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
32.26six months or punished by both fine and imprisonment, in the discretion of the court. It is
32.27the duty of the county attorney of the county in which the person practices to prosecute.
32.28Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
32.29(1) licensed by a health-related licensing board, as defined in section 214.01,
32.30subdivision 2
, including psychological practitioners with respect to the use of hypnosis;
32.31(2) registered or licensed by the commissioner of health under section 214.13; or
32.32(3) engaged in other methods of healing regulated by law in the state of Minnesota;
33.1provided that the person confines activities within the scope of the license or other
33.2regulation and does not practice or attempt to practice chiropractic.

33.3    Sec. 5. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
33.4    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities
33.5that use the properties of light, water, temperature, sound, or electricity to produce a
33.6response in soft tissue. The physical agent modalities referred to in sections 148.6404
33.7 and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
33.8and ultrasound.
33.9EFFECTIVE DATE.This section is effective the day following final enactment.

33.10    Sec. 6. Minnesota Statutes 2012, section 148.6404, is amended to read:
33.11148.6404 SCOPE OF PRACTICE.
33.12The practice of occupational therapy by an occupational therapist or occupational
33.13therapy assistant includes, but is not limited to, intervention directed toward:
33.14(1) assessment and evaluation, including the use of skilled observation or
33.15the administration and interpretation of standardized or nonstandardized tests and
33.16measurements, to identify areas for occupational therapy services;
33.17(2) providing for the development of sensory integrative, neuromuscular, or motor
33.18components of performance;
33.19(3) providing for the development of emotional, motivational, cognitive, or
33.20psychosocial components of performance;
33.21(4) developing daily living skills;
33.22(5) developing feeding and swallowing skills;
33.23(6) developing play skills and leisure capacities;
33.24(7) enhancing educational performance skills;
33.25(8) enhancing functional performance and work readiness through exercise, range of
33.26motion, and use of ergonomic principles;
33.27(9) designing, fabricating, or applying rehabilitative technology, such as selected
33.28orthotic and prosthetic devices, and providing training in the functional use of these devices;
33.29(10) designing, fabricating, or adapting assistive technology and providing training
33.30in the functional use of assistive devices;
33.31(11) adapting environments using assistive technology such as environmental
33.32controls, wheelchair modifications, and positioning;
34.1(12) employing physical agent modalities, in preparation for or as an adjunct to
34.2purposeful activity, within the same treatment session or to meet established functional
34.3occupational therapy goals, consistent with the requirements of section 148.6440; and
34.4(13) promoting health and wellness.
34.5EFFECTIVE DATE.This section is effective the day following final enactment.

34.6    Sec. 7. Minnesota Statutes 2012, section 148.6430, is amended to read:
34.7148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
34.8The occupational therapist is responsible for all duties delegated to the occupational
34.9therapy assistant or tasks assigned to direct service personnel. The occupational therapist
34.10may delegate to an occupational therapy assistant those portions of a client's evaluation,
34.11reevaluation, and treatment that, according to prevailing practice standards of the
34.12American Occupational Therapy Association, can be performed by an occupational
34.13therapy assistant. The occupational therapist may not delegate portions of an evaluation or
34.14reevaluation of a person whose condition is changing rapidly. Delegation of duties related
34.15to use of physical agent modalities to occupational therapy assistants is governed by
34.16section 148.6440, subdivision 6.
34.17EFFECTIVE DATE.This section is effective the day following final enactment.

34.18    Sec. 8. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
34.19    Subdivision 1. Applicability. If the professional standards identified in section
34.20148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
34.21treatment procedure, the occupational therapist must provide supervision consistent
34.22with this section. Supervision of occupational therapy assistants using physical agent
34.23modalities is governed by section 148.6440, subdivision 6.
34.24EFFECTIVE DATE.This section is effective the day following final enactment.

34.25    Sec. 9. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
34.26    Subd. 3. Approved education program. "Approved education program" means
34.27a university, college, or other postsecondary education program of athletic training
34.28that, at the time the student completes the program, is approved or accredited by the
34.29National Athletic Trainers Association Professional Education Committee, the National
34.30Athletic Trainers Association Board of Certification, or the Joint Review Committee on
34.31Educational Programs in Athletic Training in collaboration with the American Academy
35.1of Family Physicians, the American Academy of Pediatrics, the American Medical
35.2Association, and the National Athletic Trainers Association a nationally recognized
35.3accreditation agency for athletic training education programs approved by the board.

35.4    Sec. 10. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
35.5    Subd. 9. Credentialing examination. "Credentialing examination" means an
35.6examination administered by the National Athletic Trainers Association Board of
35.7Certification, or the board's recognized successor, for credentialing as an athletic trainer,
35.8or an examination for credentialing offered by a national testing service that is approved
35.9by the board.

35.10    Sec. 11. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
35.11    Subdivision 1. Designation. A person shall not use in connection with the person's
35.12name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
35.13registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations,
35.14or insignia indicating or implying that the person is an athletic trainer, without a certificate
35.15of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
35.16attending a college or university athletic training program must be identified as a "student
35.17athletic trainer." an "athletic training student."

35.18    Sec. 12. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
35.19    Subdivision 1. Creation; Membership. The Athletic Trainers Advisory Council
35.20is created and is composed of eight members appointed by the board. The advisory
35.21council consists of:
35.22(1) two public members as defined in section 214.02;
35.23(2) three members who, except for initial appointees, are registered athletic trainers,
35.24one being both a licensed physical therapist and registered athletic trainer as submitted by
35.25the Minnesota American Physical Therapy Association;
35.26(3) two members who are medical physicians licensed by the state and have
35.27experience with athletic training and sports medicine; and
35.28(4) one member who is a doctor of chiropractic licensed by the state and has
35.29experience with athletic training and sports injuries.

35.30    Sec. 13. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
35.31    Subdivision 1. Registration. The board may issue a certificate of registration as an
35.32athletic trainer to applicants who meet the requirements under this section. An applicant
36.1for registration as an athletic trainer shall pay a fee under section 148.7815 and file a
36.2written application on a form, provided by the board, that includes:
36.3(1) the applicant's name, Social Security number, home address and telephone
36.4number, business address and telephone number, and business setting;
36.5(2) evidence satisfactory to the board of the successful completion of an education
36.6program approved by the board;
36.7(3) educational background;
36.8(4) proof of a baccalaureate or master's degree from an accredited college or
36.9university;
36.10(5) credentials held in other jurisdictions;
36.11(6) a description of any other jurisdiction's refusal to credential the applicant;
36.12(7) a description of all professional disciplinary actions initiated against the applicant
36.13in any other jurisdiction;
36.14(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
36.15(9) evidence satisfactory to the board of a qualifying score on a credentialing
36.16examination within one year of the application for registration;
36.17(10) additional information as requested by the board;
36.18(11) the applicant's signature on a statement that the information in the application is
36.19true and correct to the best of the applicant's knowledge and belief; and
36.20(12) the applicant's signature on a waiver authorizing the board to obtain access to
36.21the applicant's records in this state or any other state in which the applicant has completed
36.22an education program approved by the board or engaged in the practice of athletic training.

36.23    Sec. 14. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
36.24    Subd. 4. Temporary registration. (a) The board may issue a temporary registration
36.25as an athletic trainer to qualified applicants. A temporary registration is issued for
36.26one year 120 days. An athletic trainer with a temporary registration may qualify for
36.27full registration after submission of verified documentation that the athletic trainer has
36.28achieved a qualifying score on a credentialing examination within one year 120 days after
36.29the date of the temporary registration. A temporary registration may not be renewed.
36.30(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
36.31a temporary registration must submit the application materials and fees for registration
36.32required under subdivision 1, clauses (1) to (8) and (10) to (12).
36.33(c) An athletic trainer with a temporary registration shall work only under the
36.34direct supervision of an athletic trainer registered under this section. No more than four
37.1 two athletic trainers with temporary registrations shall work under the direction of a
37.2registered athletic trainer.

37.3    Sec. 15. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
37.4    Subd. 2. Approved programs. The board shall approve a continuing education
37.5program that has been approved for continuing education credit by the National Athletic
37.6Trainers Association Board of Certification, or the board's recognized successor.

37.7    Sec. 16. Minnesota Statutes 2012, section 148.7813, is amended by adding a
37.8subdivision to read:
37.9    Subd. 5. Discipline; reporting. For the purposes of this chapter, registered athletic
37.10trainers and applicants are subject to sections 147.091 to 147.162.

37.11    Sec. 17. Minnesota Statutes 2012, section 148.7814, is amended to read:
37.12148.7814 APPLICABILITY.
37.13Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
37.14trainers by the National Athletic Trainers Association Board of Certification or the board's
37.15recognized successor and come into Minnesota for a specific athletic event or series of
37.16athletic events with an individual or group.

37.17    Sec. 18. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
37.18    Subd. 2. Certified doula. "Certified doula" means an individual who has received
37.19a certification to perform doula services from the International Childbirth Education
37.20Association, the Doulas of North America (DONA), the Association of Labor Assistants
37.21and Childbirth Educators (ALACE), the Birthworks, the Childbirth and Postpartum
37.22Professional Association (CAPPA), the Childbirth International, or the International
37.23Center for Traditional Childbearing, or the Birth Place/Common Childbirth, Inc.

37.24    Sec. 19. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
37.25    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
37.264,000 hours of post-master's degree supervised professional practice in the delivery
37.27of clinical services in the diagnosis and treatment of mental illnesses and disorders in
37.28both children and adults. The supervised practice shall be conducted according to the
37.29requirements in paragraphs (b) to (e).
37.30    (b) The supervision must have been received under a contract that defines clinical
37.31practice and supervision from a mental health professional as defined in section 245.462,
38.1subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a
38.2board-approved supervisor, who has at least two years of postlicensure experience in the
38.3delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
38.4 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
38.5    (c) The supervision must be obtained at the rate of two hours of supervision per 40
38.6hours of professional practice. The supervision must be evenly distributed over the course
38.7of the supervised professional practice. At least 75 percent of the required supervision
38.8hours must be received in person. The remaining 25 percent of the required hours may be
38.9received by telephone or by audio or audiovisual electronic device. At least 50 percent of
38.10the required hours of supervision must be received on an individual basis. The remaining
38.1150 percent may be received in a group setting.
38.12    (d) The supervised practice must include at least 1,800 hours of clinical client contact.
38.13    (e) The supervised practice must be clinical practice. Supervision includes the
38.14observation by the supervisor of the successful application of professional counseling
38.15knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
38.16function, disability, or impairment, including addictions and emotional, mental, and
38.17behavioral disorders.

38.18    Sec. 20. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
38.19    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
38.202014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed
38.21professional counselor may convert to a LPCC by providing evidence satisfactory to the
38.22board that the applicant has met the requirements of subdivisions 1 and 2, subject to
38.23the following:
38.24    (1) the individual's license must be active and in good standing;
38.25    (2) the individual must not have any complaints pending, uncompleted disciplinary
38.26orders, or corrective action agreements; and
38.27    (3) the individual has paid the LPCC application and licensure fees required in
38.28section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed
38.29in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
38.30providing evidence satisfactory to the board that the applicant has met the following
38.31requirements:
38.32    (1) is at least 18 years of age;
38.33    (2) is of good moral character;
38.34    (3) has a license that is active and in good standing;
39.1    (4) has no complaints pending, uncompleted disciplinary order, or corrective action
39.2agreements;
39.3    (5) has completed a master's or doctoral degree program in counseling or a related
39.4field, as determined by the board, and whose degree was from a counseling program
39.5recognized by CACREP or from an institution of higher education that is accredited by a
39.6regional accrediting organization recognized by CHEA;
39.7    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
39.8clinical coursework which includes content in the following clinical areas:
39.9    (i) diagnostic assessment for child or adult mental disorders; normative development;
39.10and psychopathology, including developmental psychopathology;
39.11    (ii) clinical treatment planning with measurable goals;
39.12    (iii) clinical intervention methods informed by research evidence and community
39.13standards of practice;
39.14    (iv) evaluation methodologies regarding the effectiveness of interventions;
39.15    (v) professional ethics applied to clinical practice; and
39.16    (vi) cultural diversity;
39.17    (7) has demonstrated competence in professional counseling by passing the National
39.18Clinical Mental Health Counseling Examination (NCMHCE), administered by the
39.19National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational
39.20examinations as prescribed by the board;
39.21    (8) has demonstrated, to the satisfaction of the board, successful completion of 4,000
39.22hours of supervised, post-master's degree professional practice in the delivery of clinical
39.23services in the diagnosis and treatment of child and adult mental illnesses and disorders,
39.24which includes 1,800 direct client contact hours. A licensed professional counselor
39.25who has completed 2,000 hours of supervised post-master's degree clinical professional
39.26practice and who has independent practice status need only document 2,000 additional
39.27hours of supervised post-master's degree clinical professional practice, which includes 900
39.28direct client contact hours; and
39.29    (9) has paid the LPCC application and licensure fees required in section 148B.53,
39.30subdivision 3.
39.31    (b) If the coursework in paragraph (a) was not completed as part of the degree
39.32program required by paragraph (a), clause (5), the coursework must be taken and passed
39.33for credit, and must be earned from a counseling program or institution that meets the
39.34requirements in paragraph (a), clause (5).

39.35    Sec. 21. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
40.1    Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to
40.2practice dentistry as an enrolled graduate student or student of an advanced education
40.3program accredited by the American Dental Association Commission on Dental
40.4Accreditation.

40.5    Sec. 22. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
40.6    Subdivision 1. Dentists. A person of good moral character who has graduated from
40.7a dental program accredited by the Commission on Dental Accreditation of the American
40.8Dental Association, having submitted an application and fee as prescribed by the board,
40.9may be examined by the board or by an agency pursuant to section 150A.03, subdivision
40.101
, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
40.11college in another country must not be disqualified from examination solely because of
40.12the applicant's foreign training if the board determines that the training is equivalent to or
40.13higher than that provided by a dental college accredited by the Commission on Dental
40.14Accreditation of the American Dental Association. In the case of examinations conducted
40.15pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to
40.16applying to the board for licensure. The examination shall include an examination of the
40.17applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
40.18board. An applicant is ineligible to retake the clinical examination required by the board
40.19after failing it twice until further education and training are obtained as specified by the
40.20board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
40.21An applicant who passes the examination in compliance with subdivision 2b, abides by
40.22professional ethical conduct requirements, and meets all other requirements of the board
40.23shall be licensed to practice dentistry and granted a general dentist license by the board.

40.24    Sec. 23. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
40.25    Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be
40.26licensed in order to practice dentistry as defined in section 150A.05. The board may
40.27issue to members of the faculty of a school of dentistry a license designated as either a
40.28"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
40.29within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
40.30program directors of a Minnesota dental hygiene or dental assisting school accredited by
40.31the Commission on Dental Accreditation of the American Dental Association shall certify
40.32to the board those members of the school's faculty who practice dentistry but are not
40.33licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
40.34defined in section 150A.05, before beginning duties in a school of dentistry or a dental
41.1hygiene or dental assisting school, shall apply to the board for a limited or full faculty
41.2license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
41.3a limited faculty license must be renewed annually and a full faculty license must be
41.4renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
41.5for issuing and renewing the faculty license. The faculty license is valid during the time
41.6the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
41.7dental assisting school and subjects the holder to this chapter.
41.8(b) The board may issue to dentist members of the faculty of a Minnesota school
41.9of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
41.10Accreditation of the American Dental Association, a license designated as a limited
41.11faculty license entitling the holder to practice dentistry within the school and its affiliated
41.12teaching facilities, but only for the purposes of teaching or conducting research. The
41.13practice of dentistry at a school facility for purposes other than teaching or research is not
41.14allowed unless the dentist was a faculty member on August 1, 1993.
41.15(c) The board may issue to dentist members of the faculty of a Minnesota school
41.16of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
41.17Accreditation of the American Dental Association a license designated as a full faculty
41.18license entitling the holder to practice dentistry within the school and its affiliated teaching
41.19facilities and elsewhere if the holder of the license is employed 50 percent time or more by
41.20the school in the practice of teaching or research, and upon successful review by the board
41.21of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
41.22The board, at its discretion, may waive specific licensing prerequisites.

41.23    Sec. 24. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
41.24    Subd. 1c. Specialty dentists. (a) The board may grant a one or more specialty
41.25license licenses in the specialty areas of dentistry that are recognized by the American
41.26Dental Association Commission on Dental Accreditation.
41.27(b) An applicant for a specialty license shall:
41.28(1) have successfully completed a postdoctoral specialty education program
41.29accredited by the Commission on Dental Accreditation of the American Dental
41.30Association, or have announced a limitation of practice before 1967;
41.31(2) have been certified by a specialty examining board approved by the Minnesota
41.32Board of Dentistry, or provide evidence of having passed a clinical examination for
41.33licensure required for practice in any state or Canadian province, or in the case of oral and
41.34maxillofacial surgeons only, have a Minnesota medical license in good standing;
42.1(3) have been in active practice or a postdoctoral specialty education program or
42.2United States government service at least 2,000 hours in the 36 months prior to applying
42.3for a specialty license;
42.4(4) if requested by the board, be interviewed by a committee of the board, which
42.5may include the assistance of specialists in the evaluation process, and satisfactorily
42.6respond to questions designed to determine the applicant's knowledge of dental subjects
42.7and ability to practice;
42.8(5) if requested by the board, present complete records on a sample of patients
42.9treated by the applicant. The sample must be drawn from patients treated by the applicant
42.10during the 36 months preceding the date of application. The number of records shall be
42.11established by the board. The records shall be reasonably representative of the treatment
42.12typically provided by the applicant for each specialty area;
42.13(6) at board discretion, pass a board-approved English proficiency test if English is
42.14not the applicant's primary language;
42.15(7) pass all components of the National Board Dental Examinations;
42.16(8) pass the Minnesota Board of Dentistry jurisprudence examination;
42.17(9) abide by professional ethical conduct requirements; and
42.18(10) meet all other requirements prescribed by the Board of Dentistry.
42.19(c) The application must include:
42.20(1) a completed application furnished by the board;
42.21(2) at least two character references from two different dentists for each specialty
42.22area, one of whom must be a dentist practicing in the same specialty area, and the other
42.23 from the director of the each specialty program attended;
42.24(3) a licensed physician's statement attesting to the applicant's physical and mental
42.25condition;
42.26(4) a statement from a licensed ophthalmologist or optometrist attesting to the
42.27applicant's visual acuity;
42.28(5) a nonrefundable fee; and
42.29(6) a notarized, unmounted passport-type photograph, three inches by three inches,
42.30taken not more than six months before the date of application.
42.31(d) A specialty dentist holding a one or more specialty license licenses is limited to
42.32practicing in the dentist's designated specialty area or areas. The scope of practice must be
42.33defined by each national specialty board recognized by the American Dental Association
42.34 Commission on Dental Accreditation.
42.35(e) A specialty dentist holding a general dentist dental license is limited to practicing
42.36in the dentist's designated specialty area or areas if the dentist has announced a limitation
43.1of practice. The scope of practice must be defined by each national specialty board
43.2recognized by the American Dental Association Commission on Dental Accreditation.
43.3(f) All specialty dentists who have fulfilled the specialty dentist requirements and
43.4who intend to limit their practice to a particular specialty area or areas may apply for
43.5a one or more specialty license licenses.

43.6    Sec. 25. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
43.7    Subd. 1d. Dental therapists. A person of good moral character who has graduated
43.8with a baccalaureate degree or a master's degree from a dental therapy education program
43.9that has been approved by the board or accredited by the American Dental Association
43.10 Commission on Dental Accreditation or another board-approved national accreditation
43.11organization may apply for licensure.
43.12The applicant must submit an application and fee as prescribed by the board and a
43.13diploma or certificate from a dental therapy education program. Prior to being licensed,
43.14the applicant must pass a comprehensive, competency-based clinical examination that is
43.15approved by the board and administered independently of an institution providing dental
43.16therapy education. The applicant must also pass an examination testing the applicant's
43.17knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
43.18applicant who has failed the clinical examination twice is ineligible to retake the clinical
43.19examination until further education and training are obtained as specified by the board. A
43.20separate, nonrefundable fee may be charged for each time a person applies. An applicant
43.21who passes the examination in compliance with subdivision 2b, abides by professional
43.22ethical conduct requirements, and meets all the other requirements of the board shall
43.23be licensed as a dental therapist.

43.24    Sec. 26. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
43.25    Subd. 2. Dental hygienists. A person of good moral character, who has graduated
43.26from a dental hygiene program accredited by the Commission on Dental Accreditation of
43.27the American Dental Association and established in an institution accredited by an agency
43.28recognized by the United States Department of Education to offer college-level programs,
43.29may apply for licensure. The dental hygiene program must provide a minimum of two
43.30academic years of dental hygiene education. The applicant must submit an application and
43.31fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
43.32licensed, the applicant must pass the National Board of Dental Hygiene examination and a
43.33board approved examination designed to determine the applicant's clinical competency. In
43.34the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants
44.1shall take the examination before applying to the board for licensure. The applicant must
44.2also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
44.3to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
44.4the clinical examination required by the board after failing it twice until further education
44.5and training are obtained as specified by board rule. A separate, nonrefundable fee may
44.6be charged for each time a person applies. An applicant who passes the examination in
44.7compliance with subdivision 2b, abides by professional ethical conduct requirements, and
44.8meets all the other requirements of the board shall be licensed as a dental hygienist.

44.9    Sec. 27. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
44.10    Subd. 2a. Licensed dental assistant. A person of good moral character, who has
44.11graduated from a dental assisting program accredited by the Commission on Dental
44.12Accreditation of the American Dental Association, may apply for licensure. The applicant
44.13must submit an application and fee as prescribed by the board and the diploma or
44.14certificate of dental assisting. In the case of examinations conducted pursuant to section
44.15150A.03, subdivision 1 , applicants shall take the examination before applying to the board
44.16for licensure. The examination shall include an examination of the applicant's knowledge
44.17of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
44.18ineligible to retake the licensure examination required by the board after failing it twice
44.19until further education and training are obtained as specified by board rule. A separate,
44.20nonrefundable fee may be charged for each time a person applies. An applicant who
44.21passes the examination in compliance with subdivision 2b, abides by professional ethical
44.22conduct requirements, and meets all the other requirements of the board shall be licensed
44.23as a dental assistant.

44.24    Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
44.25    Subd. 2d. Continuing education and professional development waiver. (a) The
44.26board shall grant a waiver to the continuing education requirements under this chapter for
44.27a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
44.28assistant who documents to the satisfaction of the board that the dentist, dental therapist,
44.29dental hygienist, or licensed dental assistant has retired from active practice in the state
44.30and limits the provision of dental care services to those offered without compensation
44.31in a public health, community, or tribal clinic or a nonprofit organization that provides
44.32services to the indigent or to recipients of medical assistance, general assistance medical
44.33care, or MinnesotaCare programs.
45.1(b) The board may require written documentation from the volunteer and retired
45.2dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
45.3this waiver.
45.4(c) The board shall require the volunteer and retired dentist, dental therapist, dental
45.5hygienist, or licensed dental assistant to meet the following requirements:
45.6(1) a licensee seeking a waiver under this subdivision must complete and document
45.7at least five hours of approved courses in infection control, medical emergencies, and
45.8medical management for the continuing education cycle; and
45.9(2) provide documentation of current CPR certification from completion of the
45.10American Heart Association healthcare provider course, or the American Red Cross
45.11professional rescuer course, or an equivalent entity.

45.12    Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
45.13    Subd. 3. Waiver of examination. (a) All or any part of the examination for
45.14dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
45.15dentistry and the rules of the board, may, at the discretion of the board, be waived for an
45.16applicant who presents a certificate of having passed all components of the National Board
45.17Dental Examinations or evidence of having maintained an adequate scholastic standing
45.18as determined by the board, in dental school as to dentists, or dental hygiene school as
45.19to dental hygienists.
45.20(b) The board shall waive the clinical examination required for licensure for any
45.21dentist applicant who is a graduate of a dental school accredited by the Commission on
45.22Dental Accreditation of the American Dental Association, who has passed all components
45.23of the National Board Dental Examinations, and who has satisfactorily completed a
45.24Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
45.25education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
45.26program must be accredited by the Commission on Dental Accreditation of the American
45.27Dental Association, be of at least one year's duration, and include an outcome assessment
45.28evaluation assessing the resident's competence to practice dentistry. The board may require
45.29the applicant to submit any information deemed necessary by the board to determine
45.30whether the waiver is applicable. The board may waive the clinical examination for an
45.31applicant who meets the requirements of this paragraph and has satisfactorily completed an
45.32accredited postdoctoral general dentistry residency program located outside of Minnesota.

45.33    Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
46.1    Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application
46.2and payment of a fee established by the board, apply for licensure based on an evaluation
46.3of the applicant's education, experience, and performance record in lieu of completing a
46.4board-approved dental assisting program for expanded functions as defined in rule, and
46.5may be interviewed by the board to determine if the applicant:
46.6(1) has graduated from an accredited dental assisting program accredited by the
46.7Commission of on Dental Accreditation of the American Dental Association, or is
46.8currently certified by the Dental Assisting National Board;
46.9(2) is not subject to any pending or final disciplinary action in another state or
46.10Canadian province, or if not currently certified or registered, previously had a certification
46.11or registration in another state or Canadian province in good standing that was not subject
46.12to any final or pending disciplinary action at the time of surrender;
46.13(3) is of good moral character and abides by professional ethical conduct
46.14requirements;
46.15(4) at board discretion, has passed a board-approved English proficiency test if
46.16English is not the applicant's primary language; and
46.17(5) has met all expanded functions curriculum equivalency requirements of a
46.18Minnesota board-approved dental assisting program.
46.19(b) The board, at its discretion, may waive specific licensure requirements in
46.20paragraph (a).
46.21(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
46.22minimum knowledge in dental subjects required for licensure under subdivision 2a must
46.23be licensed to practice the applicant's profession.
46.24(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
46.25required for licensure under subdivision 2a, the application must be denied. If licensure is
46.26denied, the board may notify the applicant of any specific remedy that the applicant could
46.27take which, when passed, would qualify the applicant for licensure. A denial does not
46.28prohibit the applicant from applying for licensure under subdivision 2a.
46.29(e) A candidate whose application has been denied may appeal the decision to the
46.30board according to subdivision 4a.

46.31    Sec. 31. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
46.32read:
46.33    Subd. 16. Failure of professional development portfolio audit. A licensee shall
46.34submit a fee as established by the board not to exceed the amount of $250 after failing two
46.35consecutive professional development portfolio audits and, thereafter, for each failed (a) If
47.1a licensee fails a professional development portfolio audit under Minnesota Rules, part
47.23100.5300., the board is authorized to take the following actions:
47.3(1) for the first failure, the board may issue a warning to the licensee;
47.4(2) for the second failure within ten years, the board may assess a penalty of not
47.5more than $250; and
47.6(3) for any additional failures within the ten-year period, the board may assess a
47.7penalty of not more than $1,000.
47.8(b) In addition to the penalty fee, the board may initiate the complaint process to
47.9address multiple failed audits.

47.10    Sec. 32. Minnesota Statutes 2012, section 150A.10, is amended to read:
47.11150A.10 ALLIED DENTAL PERSONNEL.
47.12    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
47.13public institution, or school authority may obtain services from a licensed dental hygienist.
47.14The licensed dental hygienist may provide those services defined in section 150A.05,
47.15subdivision 1a
. The services provided shall not include the establishment of a final
47.16diagnosis or treatment plan for a dental patient. All services shall be provided under
47.17supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
47.18by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
47.19to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
47.20service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
47.21    Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding
47.22subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
47.23by a health care facility, program, or nonprofit organization to perform dental hygiene
47.24services described under paragraph (b) without the patient first being examined by a
47.25licensed dentist if the dental hygienist:
47.26(1) has been engaged in the active practice of clinical dental hygiene for not less than
47.272,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
47.28200 hours of clinical practice in two of the past three years;
47.29(2) has entered into a collaborative agreement with a licensed dentist that designates
47.30authorization for the services provided by the dental hygienist;
47.31(3) has documented participation in courses in infection control and medical
47.32emergencies within each continuing education cycle; and
47.33(4) maintains current CPR certification from completion of the American Heart
47.34Association healthcare provider course, or the American Red Cross professional rescuer
47.35course, or an equivalent entity.
48.1(b) The dental hygiene services authorized to be performed by a dental hygienist
48.2under this subdivision are limited to:
48.3(1) oral health promotion and disease prevention education;
48.4(2) removal of deposits and stains from the surfaces of the teeth;
48.5(3) application of topical preventive or prophylactic agents, including fluoride
48.6varnishes and pit and fissure sealants;
48.7(4) polishing and smoothing restorations;
48.8(5) removal of marginal overhangs;
48.9(6) performance of preliminary charting;
48.10(7) taking of radiographs; and
48.11(8) performance of scaling and root planing.
48.12The dental hygienist may administer injections of local anesthetic agents or nitrous
48.13oxide inhalation analgesia as specifically delegated in the collaborative agreement with
48.14a licensed dentist. The dentist need not first examine the patient or be present. If the
48.15patient is considered medically compromised, the collaborative dentist shall review the
48.16patient record, including the medical history, prior to the provision of these services.
48.17Collaborating dental hygienists may work with unlicensed and licensed dental assistants
48.18who may only perform duties for which licensure is not required. The performance of
48.19dental hygiene services in a health care facility, program, or nonprofit organization as
48.20authorized under this subdivision is limited to patients, students, and residents of the
48.21facility, program, or organization.
48.22(c) A collaborating dentist must be licensed under this chapter and may enter into
48.23a collaborative agreement with no more than four dental hygienists unless otherwise
48.24authorized by the board. The board shall develop parameters and a process for obtaining
48.25authorization to collaborate with more than four dental hygienists. The collaborative
48.26agreement must include:
48.27(1) consideration for medically compromised patients and medical conditions for
48.28which a dental evaluation and treatment plan must occur prior to the provision of dental
48.29hygiene services;
48.30(2) age- and procedure-specific standard collaborative practice protocols, including
48.31recommended intervals for the performance of dental hygiene services and a period of
48.32time in which an examination by a dentist should occur;
48.33(3) copies of consent to treatment form provided to the patient by the dental hygienist;
48.34(4) specific protocols for the placement of pit and fissure sealants and requirements
48.35for follow-up care to assure the efficacy of the sealants after application; and
49.1(5) a procedure for creating and maintaining dental records for the patients that are
49.2treated by the dental hygienist. This procedure must specify where these records are
49.3to be located.
49.4The collaborative agreement must be signed and maintained by the dentist, the dental
49.5hygienist, and the facility, program, or organization; must be reviewed annually by the
49.6collaborating dentist and dental hygienist; and must be made available to the board
49.7upon request.
49.8(d) Before performing any services authorized under this subdivision, a dental
49.9hygienist must provide the patient with a consent to treatment form which must include a
49.10statement advising the patient that the dental hygiene services provided are not a substitute
49.11for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
49.12to the patient for further dental procedures, the dental hygienist must fill out a referral form
49.13and provide a copy of the form to the collaborating dentist.
49.14(e) For the purposes of this subdivision, a "health care facility, program, or
49.15nonprofit organization" is limited to a hospital; nursing home; home health agency; group
49.16home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
49.17commissioner of human services or the commissioner of corrections; and federal, state, or
49.18local public health facility, community clinic, tribal clinic, school authority, Head Start
49.19program, or nonprofit organization that serves individuals who are uninsured or who are
49.20Minnesota health care public program recipients.
49.21(f) For purposes of this subdivision, a "collaborative agreement" means a written
49.22agreement with a licensed dentist who authorizes and accepts responsibility for the
49.23services performed by the dental hygienist. The services authorized under this subdivision
49.24and the collaborative agreement may be performed without the presence of a licensed
49.25dentist and may be performed at a location other than the usual place of practice of the
49.26dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
49.27specified in the collaborative agreement.
49.28    Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the
49.29services of any unlicensed person for the purpose of assistance in the practice of dentistry
49.30or dental therapy shall be responsible for the acts of such unlicensed person while engaged
49.31in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
49.32perform only those acts which are authorized to be delegated to unlicensed assistants
49.33by the Board of Dentistry. The acts shall be performed under supervision of a licensed
49.34dentist or dental therapist. A licensed dental therapist shall not supervise more than four
49.35registered licensed or unlicensed dental assistants at any one practice setting. The board
49.36may permit differing levels of dental assistance based upon recognized educational
50.1standards, approved by the board, for the training of dental assistants. The board may also
50.2define by rule the scope of practice of licensed and unlicensed dental assistants. The
50.3board by rule may require continuing education for differing levels of dental assistants,
50.4as a condition to their license or authority to perform their authorized duties. Any
50.5licensed dentist or dental therapist who permits an unlicensed assistant to perform any
50.6dental service other than that authorized by the board shall be deemed to be enabling an
50.7unlicensed person to practice dentistry, and commission of such an act by an unlicensed
50.8assistant shall constitute a violation of sections 150A.01 to 150A.12.
50.9    Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses
50.10the services of any unlicensed person, other than under the dentist's or dental therapist's
50.11supervision and within the same practice setting, for the purpose of constructing, altering,
50.12repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
50.13prosthetic or other dental appliance, shall be required to furnish such unlicensed person
50.14with a written work order in such form as shall be prescribed by the rules of the board. The
50.15work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
50.16file of the dentist or dental therapist at the practice setting for a period of two years, and
50.17the original to be retained in a permanent file for a period of two years by the unlicensed
50.18person in that person's place of business. The permanent file of work orders to be kept
50.19by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
50.20reasonable time by the board or its duly constituted agent.
50.21    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and
50.222, a licensed dental hygienist or licensed dental assistant may perform the following
50.23restorative procedures:
50.24(1) place, contour, and adjust amalgam restorations;
50.25(2) place, contour, and adjust glass ionomer;
50.26(3) adapt and cement stainless steel crowns; and
50.27(4) place, contour, and adjust class I and class V supragingival composite restorations
50.28where the margins are entirely within the enamel.; and
50.29(5) place, contour, and adjust class II and class V supragingival composite
50.30restorations on primary teeth.
50.31(b) The restorative procedures described in paragraph (a) may be performed only if:
50.32(1) the licensed dental hygienist or licensed dental assistant has completed a
50.33board-approved course on the specific procedures;
50.34(2) the board-approved course includes a component that sufficiently prepares the
50.35licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
50.36placed restoration;
51.1(3) a licensed dentist or licensed advanced dental therapist has authorized the
51.2procedure to be performed; and
51.3(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
51.4while the procedure is being performed.
51.5(c) The dental faculty who teaches the educators of the board-approved courses
51.6specified in paragraph (b) must have prior experience teaching these procedures in an
51.7accredited dental education program.

51.8    Sec. 33. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
51.9    Subdivision 1. License requirements. The board shall issue a license to practice
51.10podiatric medicine to a person who meets the following requirements:
51.11(a) The applicant for a license shall file a written notarized application on forms
51.12provided by the board, showing to the board's satisfaction that the applicant is of good
51.13moral character and satisfies the requirements of this section.
51.14(b) The applicant shall present evidence satisfactory to the board of being a graduate
51.15of a podiatric medical school approved by the board based upon its faculty, curriculum,
51.16facilities, accreditation by a recognized national accrediting organization approved by the
51.17board, and other relevant factors.
51.18(c) The applicant must have received a passing score on each part of the national board
51.19examinations, parts one and two, prepared and graded by the National Board of Podiatric
51.20Medical Examiners. The passing score for each part of the national board examinations,
51.21parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
51.22(d) Applicants graduating after 1986 from a podiatric medical school shall present
51.23evidence satisfactory to the board of the completion of (1) one year of graduate, clinical
51.24residency or preceptorship in a program accredited by a national accrediting organization
51.25approved by the board or (2) other graduate training that meets standards equivalent to
51.26those of an approved national accrediting organization or school of podiatric medicine
51.27 of successful completion of a residency program approved by a national accrediting
51.28podiatric medicine organization.
51.29(e) The applicant shall appear in person before the board or its designated
51.30representative to show that the applicant satisfies the requirements of this section,
51.31including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
51.32medicine. The board may establish as internal operating procedures the procedures or
51.33requirements for the applicant's personal presentation.
51.34(f) The applicant shall pay a fee established by the board by rule. The fee shall
51.35not be refunded.
52.1(g) The applicant must not have engaged in conduct warranting disciplinary action
52.2against a licensee. If the applicant does not satisfy the requirements of this paragraph,
52.3the board may refuse to issue a license unless it determines that the public will be
52.4protected through issuance of a license with conditions and limitations the board considers
52.5appropriate.
52.6(h) Upon payment of a fee as the board may require, an applicant who fails to pass
52.7an examination and is refused a license is entitled to reexamination within one year of
52.8the board's refusal to issue the license. No more than two reexaminations are allowed
52.9without a new application for a license.

52.10    Sec. 34. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
52.11to read:
52.12    Subd. 1a. Relicensure after two-year lapse of practice; reentry program. A
52.13podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
52.14practice of podiatric medicine of greater than two years must reestablish competency by
52.15completing a reentry program approved by the board.

52.16    Sec. 35. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
52.17    Subd. 2. Applicants licensed in another state. The board shall issue a license
52.18to practice podiatric medicine to any person currently or formerly licensed to practice
52.19podiatric medicine in another state who satisfies the requirements of this section:
52.20(a) The applicant shall satisfy the requirements established in subdivision 1.
52.21(b) The applicant shall present evidence satisfactory to the board indicating the
52.22current status of a license to practice podiatric medicine issued by the first state of
52.23licensure and all other states and countries in which the individual has held a license.
52.24(c) If the applicant has had a license revoked, engaged in conduct warranting
52.25disciplinary action against the applicant's license, or been subjected to disciplinary action,
52.26in another state, the board may refuse to issue a license unless it determines that the
52.27public will be protected through issuance of a license with conditions or limitations the
52.28board considers appropriate.
52.29(d) The applicant shall submit with the license application the following additional
52.30information for the five-year period preceding the date of filing of the application: (1) the
52.31name and address of the applicant's professional liability insurer in the other state; and (2)
52.32the number, date, and disposition of any podiatric medical malpractice settlement or award
52.33made to the plaintiff relating to the quality of podiatric medical treatment.
53.1(e) If the license is active, the applicant shall submit with the license application
53.2evidence of compliance with the continuing education requirements in the current state of
53.3licensure.
53.4(f) If the license is inactive, the applicant shall submit with the license application
53.5evidence of participation in one-half the same number of hours of acceptable continuing
53.6education required for biennial renewal, as specified under Minnesota Rules, up to five
53.7years. If the license has been inactive for more than two years, the amount of acceptable
53.8continuing education required must be obtained during the two years immediately before
53.9application or the applicant must provide other evidence as the board may reasonably
53.10require.

53.11    Sec. 36. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
53.12    Subd. 3. Temporary permit. Upon payment of a fee and in accordance with the
53.13rules of the board, the board may issue a temporary permit to practice podiatric medicine
53.14to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed
53.1512 months. A temporary permit may be extended under the following conditions:
53.16(1) the applicant submits acceptable evidence that the training was interrupted by
53.17circumstances beyond the control of the applicant and that the sponsor of the program
53.18agrees to the extension;
53.19(2) the applicant is continuing in a residency that extends for more than one year; or
53.20(3) the applicant is continuing in a residency that extends for more than two years.
53.21 approved by a national accrediting organization. The temporary permit is renewed
53.22annually until the residency training requirements are completed or until the residency
53.23program is terminated or discontinued.

53.24    Sec. 37. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
53.25to read:
53.26    Subd. 4. Continuing education. (a) Every podiatrist licensed to practice in this
53.27state shall obtain 40 clock hours of continuing education in each two-year cycle of license
53.28renewal. All continuing education hours must be earned by verified attendance at or
53.29participation in a program or course sponsored by the Council on Podiatric Medical
53.30Education or approved by the board. In each two-year cycle, a maximum of eight hours of
53.31continuing education credits may be obtained through participation in online courses.
53.32(b) The number of continuing education hours required during the initial licensure
53.33period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
53.34ratio of the number of days the license is held in the initial licensure period to 730 days.

54.1    Sec. 38. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
54.2CONDUCT OFFENSE.
54.3    Subdivision 1. Applicability. This section applies to the health-related licensing
54.4boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
54.5and the Board of Chiropractic Examiners, and also applies to the Board of Barber
54.6Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
54.7Minnesota Department of Health, including:
54.8(1) speech-language pathologists and audiologists;
54.9(2) hearing instrument dispensers; and
54.10(3) occupational therapists and occupational therapy assistants.
54.11    Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
54.12paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
54.13credential to practice to any person who has been convicted on or after August 1, 2014, of
54.14any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
54.15subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
54.16(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
54.17credential to practice to any person who has been convicted in any other state or country on
54.18or after August 1, 2014, of an offense where the elements of the offense are substantially
54.19similar to any of the offenses listed in paragraph (a).
54.20(c) A credential to practice is automatically revoked if the credentialed person is
54.21convicted of an offense listed in paragraph (a).
54.22(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
54.23by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
54.24of the sentence and final disposition of the case is accomplished at a nonfelony level.
54.25(e) A credentialing authority listed in subdivision 1 may establish criteria whereby
54.26an individual convicted of an offense listed in paragraph (a) may become credentialed
54.27provided that the criteria:
54.28(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
54.29(2) provide a standard for overcoming the presumption; and
54.30(3) require that a minimum of ten years has elapsed since the applicant was released
54.31from any incarceration or supervisory jurisdiction related to the offense.
54.32A credentialing authority listed in subdivision 1 shall not consider an application under
54.33this paragraph if the board determines that the victim involved in the offense was a patient
54.34or a client of the applicant at the time of the offense.
55.1EFFECTIVE DATE.This section is effective for credentials issued or renewed on
55.2or after August 1, 2014.

55.3    Sec. 39. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
55.4OF HARM.
55.5(a) Notwithstanding any provision of a health-related professional practice act,
55.6when a health-related licensing board receives a complaint regarding a regulated person
55.7and has probable cause to believe continued practice by the regulated person presents
55.8an imminent risk of harm, the licensing board shall temporarily suspend the regulated
55.9person's professional license. The suspension shall take effect upon written notice to the
55.10regulated person and shall specify the reason for the suspension.
55.11(b) The suspension shall remain in effect until the appropriate licensing board or
55.12the commissioner completes an investigation and issues a final order in the matter after
55.13a hearing.
55.14(c) At the time it issues the suspension notice, the appropriate licensing board shall
55.15schedule a disciplinary hearing to be held before the licensing board or pursuant to the
55.16Administrative Procedure Act. The regulated person shall be provided with at least
55.17ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
55.18scheduled to being no later than 30 days after issuance of the suspension order.
55.19EFFECTIVE DATE.This section is effective July 1, 2014.

55.20    Sec. 40. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
55.21    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
55.22or other communications, whether oral or written, against regulated persons. Before
55.23resolving an oral complaint, the executive director or a board member designated by the
55.24board to review complaints shall require the complainant to state the complaint in writing
55.25or authorize transcribing the complaint. The executive director or the designated board
55.26member shall determine whether the complaint alleges or implies a violation of a statute
55.27or rule which the board is empowered to enforce. The executive director or the designated
55.28board member may consult with the designee of the attorney general as to a board's
55.29jurisdiction over a complaint. If the executive director or the designated board member
55.30determines that it is necessary, the executive director may seek additional information to
55.31determine whether the complaint is jurisdictional or to clarify the nature of the allegations
55.32by obtaining records or other written material, obtaining a handwriting sample from the
55.33regulated person, clarifying the alleged facts with the complainant, and requesting a written
56.1response from the subject of the complaint. The executive director may authorize a field
56.2investigation to clarify the nature of the allegations and the facts that led to the complaint.
56.3EFFECTIVE DATE.This section is effective July 1, 2014.

56.4    Sec. 41. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
56.5    Subd. 3. Referral to other agencies. The executive director shall forward to
56.6another governmental agency any complaints received by the board which do not relate
56.7to the board's jurisdiction but which relate to matters within the jurisdiction of another
56.8governmental agency. The agency shall advise the executive director of the disposition
56.9of the complaint. A complaint or other information received by another governmental
56.10agency relating to a statute or rule which a board is empowered to enforce must be
56.11forwarded to the executive director of the board to be processed in accordance with this
56.12section. Governmental agencies may shall coordinate and conduct joint investigations of
56.13complaints that involve more than one governmental agency.
56.14EFFECTIVE DATE.This section is effective July 1, 2014.

56.15    Sec. 42. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
56.16to read:
56.17    Subd. 5. Health professional services program. The health-related licensing
56.18boards shall include information regarding the health professional services program on
56.19their Web sites.
56.20EFFECTIVE DATE.This section is effective July 1, 2014.

56.21    Sec. 43. Minnesota Statutes 2012, section 214.29, is amended to read:
56.22214.29 PROGRAM REQUIRED.
56.23Each health-related licensing board, including the Emergency Medical Services
56.24Regulatory Board under chapter 144E, shall either conduct a contract with the health
56.25professionals service program under sections 214.31 to 214.37 or contract for a diversion
56.26program under section 214.28 for a diversion program for regulated professionals who are
56.27unable to practice with reasonable skill and safety by reason of illness, use of alcohol,
56.28drugs, chemicals, or any other materials, or as a result of any mental, physical, or
56.29psychological condition.
56.30EFFECTIVE DATE.This section is effective July 1, 2014.

57.1    Sec. 44. Minnesota Statutes 2012, section 214.31, is amended to read:
57.2214.31 AUTHORITY.
57.3Two or more of the health-related licensing boards listed in section 214.01,
57.4subdivision 2
, may jointly The health professionals services program shall contract with
57.5the health-related licensing boards to conduct a health professionals services program to
57.6protect the public from persons regulated by the boards who are unable to practice with
57.7reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any
57.8other materials, or as a result of any mental, physical, or psychological condition. The
57.9program does not affect a board's authority to discipline violations of a board's practice act.
57.10For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board
57.11shall be included in the definition of a health-related licensing board under chapter 144E.
57.12EFFECTIVE DATE.This section is effective July 1, 2014.

57.13    Sec. 45. Minnesota Statutes 2012, section 214.32, is amended to read:
57.14214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
57.15    Subdivision 1. Management. (a) A Health Professionals Services Program
57.16Committee is established, consisting of one person appointed by each participating board,
57.17with each participating board having one vote. no fewer than three, or more than six,
57.18executive directors of health-related licensing boards or their designees, and two members
57.19of the advisory committee established in paragraph (d). Program committee members
57.20from the health-related licensing boards shall be appointed by a majority of the executive
57.21directors of the health-related licensing boards in July of odd-numbered years. Members
57.22from the advisory committee shall be appointed by a majority of advisory committee
57.23members in July of odd-numbered years. The program committee shall designate one
57.24board to provide administrative management of the program, set the program budget and
57.25the pro rata share of program expenses to be borne by each participating board, provide
57.26guidance on the general operation of the program, including hiring of program personnel,
57.27and ensure that the program's direction is in accord with its authority. The program
57.28committee shall establish uniform criteria and procedures governing termination and
57.29discharge for all health professionals served by the health professionals services program.
57.30If the participating boards change which board is designated to provide administrative
57.31management of the program, any appropriation remaining for the program shall transfer to
57.32the newly designated board on the effective date of the change. The participating boards
57.33must inform the appropriate legislative committees and the commissioner of management
58.1and budget of any change in the administrative management of the program, and the
58.2amount of any appropriation transferred under this provision.
58.3    (b) The designated board, upon recommendation of the Health Professional Services
58.4Program Committee, shall hire the program manager and employees and pay expenses
58.5of the program from funds appropriated for that purpose. The designated board may
58.6apply for grants to pay program expenses and may enter into contracts on behalf of the
58.7program to carry out the purposes of the program. The participating boards shall enter into
58.8written agreements with the designated board.
58.9    (c) An advisory committee is established to advise the program committee consisting
58.10of:
58.11    (1) one member appointed by each of the following: the Minnesota Academy of
58.12Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
58.13Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
58.14Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
58.15Association of the professional associations whose members are eligible for health
58.16professionals services program services; and
58.17    (2) one member appointed by each of the professional associations of the other
58.18professions regulated by a participating board not specified in clause (1); and
58.19    (3) two public members, as defined by section 214.02.
58.20    (d) Members of the advisory committee shall be appointed for two years and
58.21members may be reappointed.
58.22    (e) The advisory committee shall:
58.23    (1) provide advice and consultation to the health professionals services program staff;
58.24    (2) serve as a liaison to all regulated health professionals who are eligible to
58.25participate in the health professionals services program; and
58.26    (3) provide advice and recommendations to the program committee.
58.27    Subd. 2. Services. (a) The program shall provide the following services to program
58.28participants:
58.29    (1) referral of eligible regulated persons to qualified professionals for evaluation,
58.30treatment, and a written plan for continuing care consistent with the regulated person's
58.31illness. The referral shall take into consideration the regulated person's financial resources
58.32as well as specific needs;
58.33    (2) development of individualized program participation agreements between
58.34participants and the program to meet the needs of participants and protect the public. An
58.35agreement may include, but need not be limited to, recommendations from the continuing
58.36care plan, practice monitoring, health monitoring, practice restrictions, random drug
59.1screening, support group participation, filing of reports necessary to document compliance,
59.2and terms for successful completion of the regulated person's program; and
59.3    (3) monitoring of compliance by participants with individualized program
59.4participation agreements or board orders.
59.5    (b) The program may develop services related to sections 214.31 to 214.37 for
59.6employers and colleagues of regulated persons from participating boards.
59.7    Subd. 3. Participant costs. Each program participant shall be responsible for
59.8paying for the costs of physical, psychosocial, or other related evaluation, treatment,
59.9laboratory monitoring, and random drug screens.
59.10    Subd. 4. Eligibility. Admission to the health professional services program is
59.11available to a person regulated by a participating board who is unable to practice with
59.12reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
59.13any other materials, or as a result of any mental, physical, or psychological condition.
59.14Admission in the health professional services program shall be denied to persons:
59.15    (1) who have diverted controlled substances for other than self-administration;
59.16    (2) who have been terminated from this or any other state professional services
59.17program for noncompliance in the program, unless referred by a participating board or the
59.18commissioner of health;
59.19    (3) currently under a board disciplinary order or corrective action agreement, unless
59.20referred by a board;
59.21    (4) regulated under sections 214.17 to 214.25, unless referred by a board or by the
59.22commissioner of health;
59.23    (5) accused of sexual misconduct; or
59.24    (6) (5) whose continued practice would create a serious risk of harm to the public.
59.25    Subd. 5. Completion; voluntary termination; discharge. (a) A regulated person
59.26completes the program when the terms of the program participation agreement are fulfilled.
59.27    (b) A regulated person may voluntarily terminate participation in the health
59.28professionals service program at any time by reporting to the person's board which shall
59.29result in the program manager making a report to the regulated person's board under
59.30section 214.33, subdivision 3.
59.31    (c) The program manager may choose to discharge a regulated person from the
59.32program and make a referral to the person's board at any time for reasons including but not
59.33limited to: the degree of cooperation and compliance by the regulated person, the inability
59.34to secure information or the medical records of the regulated person, or indication of other
59.35possible violations of the regulated person's practice act. The regulated person shall be
59.36notified in writing by the program manager of any change in the person's program status.
60.1A regulated person who has been terminated or discharged from the program may be
60.2referred back to the program for monitoring.
60.3    Subd. 6. Duties of a health related licensing board. (a) Upon receiving notice from
60.4the program manager that a regulated person has been discharged due to noncompliance
60.5or voluntary withdrawal, when the appropriate licensing board has probable cause to
60.6believe continued practice by the regulated person presents an imminent risk of harm, the
60.7licensing board shall temporarily suspend the regulated person's professional license. The
60.8suspension shall take effect upon written notice to the regulated person and shall specify
60.9the reason for the suspension.
60.10    (b) The suspension shall remain in effect until the appropriate licensing board
60.11completes an investigation and issues a final order in the matter after a hearing.
60.12    (c) At the time it issues the suspension notice, the appropriate licensing board shall
60.13schedule a disciplinary hearing to be held before the licensing board or pursuant to the
60.14Administrative Procedure Act. The regulated person shall be provided with at least
60.15ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
60.16scheduled to be no later than 30 days after issuance of the suspension order.
60.17(d) This subdivision does not apply to the Office of Complementary and Alternative
60.18Health Care Programs.

60.19    Sec. 46. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
60.20    Subd. 3. Program manager. (a) The program manager shall report to the
60.21appropriate participating board a regulated person who:
60.22(1) does not meet program admission criteria,;
60.23(2) violates the terms of the program participation agreement, or;
60.24(3) leaves the program except upon fulfilling the terms for successful completion of
60.25the program as set forth in the participation agreement.;
60.26(4) is subject to the provisions of sections 214.17 to 214.25;
60.27(5) caused identifiable patient harm;
60.28(6) substituted or adulterated medications;
60.29(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
60.30name of a person or veterinary patient for personal use; or
60.31The program manager shall report to the appropriate participating board a regulated
60.32person who (8) is alleged to have committed violations of the person's practice act that
60.33are outside the authority of the health professionals services program as described in
60.34sections 214.31 to 214.37.
61.1(b) The program manager shall inform any reporting person of the disposition of the
61.2person's report to the program.
61.3EFFECTIVE DATE.This section is effective July 1, 2014.

61.4    Sec. 47. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision
61.5to read:
61.6    Subd. 5. Employer mandatory reporting. (a) An employer of a person licensed or
61.7regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
61.8health care institutions, and other organizations where the licensed or regulated health
61.9care professional is engaged in providing services, shall report to the appropriate licensing
61.10board that the licensee or regulated person has diverted narcotics or other controlled
61.11substances in violation of state or federal narcotics or controlled substance law when:
61.12(1) the employer or entity making the report has knowledge of the diversion; and
61.13(2) the licensee or regulated person has diverted narcotics from the reporting
61.14employer or organization or at the reporting institution.
61.15(b) Subdivision 1 does not waive the requirement to report under this subdivision.
61.16(c) The requirement to report under this subdivision does not apply:
61.17(1) to licensees or regulated persons who are self-employed;
61.18(2) if the knowledge was obtained in the course of a professional-patient relationship
61.19and the patient is licensed or regulated by a health licensing board; or
61.20(3) if knowledge of the diversion first becomes known to the employer, health care
61.21institution, or other organization, either from:
61.22(i) the licensee or regulated person who has self-reported to the health professional
61.23services program and who has returned to work pursuant to the health professional
61.24services program participation agreement and monitoring plan; or
61.25(ii) an individual who is serving as a work site monitor approved by the health
61.26professional services program for a person described in item (i).

61.27    Sec. 48. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
61.28Each health-related licensing board, including the Emergency Medical Services
61.29Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
61.30if a regulated person violates the terms of the health professionals services program
61.31participation agreement or leaves the program except upon fulfilling the terms for
61.32successful completion of the program as set forth in the participation agreement.
61.33EFFECTIVE DATE.This section is effective July 1, 2014.

62.1    Sec. 49. REVISOR'S INSTRUCTION.
62.2(a) The revisor of statutes shall remove cross-references to the sections repealed in
62.3this article wherever they appear in Minnesota Statutes and Minnesota Rules and make
62.4changes necessary to correct the punctuation, grammar, or structure of the remaining text
62.5and preserve its meaning.
62.6(b) The revisor of statutes shall change the term "physician's assistant" to "physician
62.7assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.
62.8EFFECTIVE DATE.Paragraph (a) is effective July 1, 2014.

62.9    Sec. 50. REPEALER.
62.10(a) (Chiropractors) Minnesota Statutes 2012, section 148.01, subdivision 3, and
62.11Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are repealed.
62.12(b) (Health-related licensing boards) Minnesota Statutes 2012, sections 214.28;
62.13214.36; and 214.37, are repealed effective July 1, 2014.
62.14(c) (Occupational therapists) Minnesota Statutes 2013 Supplement, section
62.15148.6440, is repealed the day following final enactment.
62.16(d) (Athletic trainers) Minnesota Statutes 2012, sections 148.7808, subdivision 2;
62.17and 148.7813, are repealed.

62.18ARTICLE 5
62.19BOARD OF PHARMACY

62.20    Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
62.21151.01 DEFINITIONS.
62.22    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
62.23indicates that a different meaning is intended, the following words, terms, and phrases, for
62.24the purposes of this chapter, shall be given the meanings subjoined to them.
62.25    Subd. 2. Pharmacy. "Pharmacy" means an established a place of business in
62.26which prescriptions, prescription drugs, medicines, chemicals, and poisons are prepared,
62.27compounded, or dispensed, vended, or sold to or for the use of patients by or under
62.28the supervision of a pharmacist and from which related clinical pharmacy services are
62.29delivered.
62.30    Subd. 2a. Limited service pharmacy. "Limited service pharmacy" means a
62.31pharmacy that has been issued a restricted license by the board to perform a limited range
62.32of the activities that constitute the practice of pharmacy.
63.1    Subd. 3. Pharmacist. The term "pharmacist" means an individual with a currently
63.2valid license issued by the Board of Pharmacy to practice pharmacy.
63.3    Subd. 5. Drug. The term "drug" means all medicinal substances and preparations
63.4recognized by the United States Pharmacopoeia and National Formulary, or any revision
63.5thereof, vaccines and biologicals, and all substances and preparations intended for external
63.6and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
63.7humans or other animals, and all substances and preparations, other than food, intended to
63.8affect the structure or any function of the bodies of humans or other animals. The term drug
63.9shall also mean any compound, substance, or derivative that is not approved for human
63.10consumption by the United States Food and Drug Administration or specifically permitted
63.11for human consumption under Minnesota law that, when introduced into the body, induces
63.12an effect similar to that of a Schedule I or Schedule II controlled substance listed in
63.13section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
63.14regardless of whether the substance is marketed for the purpose of human consumption.
63.15    Subd. 6. Medicine. The term "medicine" means any remedial agent that has the
63.16property of curing, preventing, treating, or mitigating diseases, or that is used for that
63.17purpose.
63.18    Subd. 7. Poisons. The term "poisons" means any substance which that, when
63.19introduced into the system, directly or by absorption, produces violent, morbid, or fatal
63.20changes, or which that destroys living tissue with which it comes in contact.
63.21    Subd. 8. Chemical. The term "chemical" means all medicinal or industrial
63.22substances, whether simple or compound, or obtained through the process of the science
63.23and art of chemistry, whether of organic or inorganic origin.
63.24    Subd. 9. Board or State Board of Pharmacy. The term "board" or "State Board of
63.25Pharmacy" means the Minnesota State Board of Pharmacy.
63.26    Subd. 10. Director. The term "director" means the executive director of the
63.27Minnesota State Board of Pharmacy.
63.28    Subd. 11. Person. The term "person" means an individual, firm, partnership,
63.29company, corporation, trustee, association, agency, or other public or private entity.
63.30    Subd. 12. Wholesale. The term "wholesale" means and includes any sale for the
63.31purpose of resale.
63.32    Subd. 13. Commercial purposes. The phrase "commercial purposes" means the
63.33ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
63.34of medicine and, pharmacy, and other health care professions.
63.35    Subd. 14. Manufacturing. The term "manufacturing" except in the case of bulk
63.36compounding, prepackaging or extemporaneous compounding within a pharmacy, means
64.1and includes the production, quality control and standardization by mechanical, physical,
64.2chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
64.3relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
64.4without exception, for medicinal purposes. preparation, propagation, conversion, or
64.5processing of a drug, either directly or indirectly, by extraction from substances of natural
64.6origin or independently by means of chemical or biological synthesis. Manufacturing
64.7includes the packaging or repackaging of a drug, or the labeling or relabeling of
64.8the container of a drug, for resale by pharmacies, practitioners, or other persons.
64.9Manufacturing does not include the prepackaging, extemporaneous compounding, or
64.10anticipatory compounding of a drug within a licensed pharmacy or by a practitioner,
64.11nor the labeling of a container within a pharmacy or by a practitioner for the purpose of
64.12dispensing a drug to a patient pursuant to a valid prescription.
64.13    Subd. 14a. Manufacturer. The term "manufacturer" means any person engaged
64.14in manufacturing.
64.15    Subd. 14b. Outsourcing facility. "Outsourcing facility" means a facility that is
64.16registered by the United States Food and Drug Administration pursuant to United States
64.17Code, title 21, section 353b.
64.18    Subd. 15. Pharmacist intern. The term "pharmacist intern" means (1) a natural
64.19person satisfactorily progressing toward the degree in pharmacy required for licensure, or
64.20(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy
64.21college approved by the board, who is registered by the State Board of Pharmacy for the
64.22purpose of obtaining practical experience as a requirement for licensure as a pharmacist,
64.23or (3) a qualified applicant awaiting examination for licensure.
64.24    Subd. 15a. Pharmacy technician. The term "pharmacy technician" means a person
64.25not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the
64.26preparation and dispensing of medications by performing computer entry of prescription
64.27data and other manipulative tasks. A pharmacy technician shall not perform tasks
64.28specifically reserved to a licensed pharmacist or requiring professional judgment.
64.29    Subd. 16. Prescription drug order. The term "prescription drug order" means a
64.30signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
64.31 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's
64.32practice, issued for an individual patient and containing the following: the date of issue,
64.33name and address of the patient, name and quantity of the drug prescribed, directions
64.34for use, and the name and address of the prescriber. for a drug for a specific patient.
64.35Prescription drug orders for controlled substances must be prepared in accordance with the
65.1provisions of section 152.11 and the federal Controlled Substances Act and the regulations
65.2promulgated thereunder.
65.3    Subd. 16a. Prescription. The term "prescription" means a prescription drug order
65.4that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an
65.5electronic order. To be valid, a prescription must be issued for an individual patient by
65.6a practitioner within the scope and usual course of the practitioner's practice, and must
65.7contain the date of issue, name and address of the patient, name and quantity of the drug
65.8prescribed, directions for use, the name and address of the practitioner, and a telephone
65.9number at which the practitioner can be reached. A prescription written or printed on
65.10paper that is given to the patient or an agent of the patient or that is transmitted by fax
65.11must contain the practitioner's manual signature. An electronic prescription must contain
65.12the practitioner's electronic signature.
65.13    Subd. 16b. Chart order. The term "chart order" means a prescription drug order for
65.14a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct
65.15supervision of a pharmacist, and administered by an authorized person only during the
65.16patient's stay in a hospital or long-term care facility. The chart order shall contain the name
65.17of the patient, another patient identifier such as birth date or medical record number, the
65.18drug ordered, and any directions that the practitioner may prescribe concerning strength,
65.19dosage, frequency, and route of administration. The manual or electronic signature of the
65.20practitioner must be affixed to the chart order at the time it is written or at a later date in
65.21the case of verbal chart orders.
65.22    Subd. 17. Legend drug. "Legend drug" means a drug which that is required by
65.23federal law to bear the following statement, "Caution: Federal law prohibits dispensing
65.24without prescription." be dispensed only pursuant to the prescription of a licensed
65.25practitioner.
65.26    Subd. 18. Label. "Label" means a display of written, printed, or graphic matter
65.27upon the immediate container of any drug or medicine; and a requirement made by or
65.28under authority of Laws 1969, chapter 933 that. Any word, statement, or other information
65.29appearing required by or under the authority of this chapter to appear on the label shall not
65.30be considered to be complied with unless such word, statement, or other information also
65.31appears appear on the outside container or wrapper, if any there be, of the retail package of
65.32such drug or medicine, or is be easily legible through the outside container or wrapper.
65.33    Subd. 19. Package. "Package" means any container or wrapping in which any
65.34drug or medicine is enclosed for use in the delivery or display of that article to retail
65.35purchasers, but does not include:
66.1(a) shipping containers or wrappings used solely for the transportation of any such
66.2article in bulk or in quantity to manufacturers, packers, processors, or wholesale or
66.3retail distributors;
66.4(b) shipping containers or outer wrappings used by retailers to ship or deliver any
66.5such article to retail customers if such containers and wrappings bear no printed matter
66.6pertaining to any particular drug or medicine.
66.7    Subd. 20. Labeling. "Labeling" means all labels and other written, printed, or
66.8graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b)
66.9accompanying such article.
66.10    Subd. 21. Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic
66.11Act, United States Code, title 21, section 301, et seq., as amended.
66.12    Subd. 22. Pharmacist in charge. "Pharmacist in charge" means a duly licensed
66.13pharmacist in the state of Minnesota who has been designated in accordance with the rules
66.14of the State Board of Pharmacy to assume professional responsibility for the operation
66.15of the pharmacy in compliance with the requirements and duties as established by the
66.16board in its rules.
66.17    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
66.18doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
66.19licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of
66.20sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs
66.21(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to
66.22prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
66.23authorized to prescribe, dispense, and administer under section 148.235. For purposes of
66.24sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraph
66.25(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and
66.26administer under chapter 150A.
66.27    Subd. 24. Brand name. "Brand name" means the registered trademark name given
66.28to a drug product by its manufacturer, labeler or distributor.
66.29    Subd. 25. Generic name. "Generic name" means the established name or official
66.30name of a drug or drug product.
66.31    Subd. 26. Finished dosage form. "Finished dosage form" means that form of a
66.32drug which that is or is intended to be dispensed or administered to the patient and requires
66.33no further manufacturing or processing other than packaging, reconstitution, or labeling.
66.34    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
66.35    (1) interpretation and evaluation of prescription drug orders;
67.1    (2) compounding, labeling, and dispensing drugs and devices (except labeling by
67.2a manufacturer or packager of nonprescription drugs or commercially packaged legend
67.3drugs and devices);
67.4    (3) participation in clinical interpretations and monitoring of drug therapy for
67.5assurance of safe and effective use of drugs;
67.6    (4) participation in drug and therapeutic device selection; drug administration for first
67.7dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
67.8    (5) participation in administration of influenza vaccines to all eligible individuals ten
67.9years of age and older and all other vaccines to patients 18 years of age and older under
67.10standing orders from a physician licensed under chapter 147 or by written protocol with a
67.11physician licensed under chapter 147, a physician assistant authorized to prescribe drugs
67.12under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under
67.13section 148.235, provided that:
67.14(i) the protocol includes, at a minimum:
67.15(A) the name, dose, and route of each vaccine that may be given;
67.16(B) the patient population for whom the vaccine may be given;
67.17(C) contraindications and precautions to the vaccine;
67.18(D) the procedure for handling an adverse reaction;
67.19(E) the name, signature, and address of the physician, physician assistant, or
67.20advanced nurse practitioner;
67.21(F) a telephone number at which the physician, physician assistant, or advanced
67.22nurse practitioner can be contacted; and
67.23(G) the date and time period for which the protocol is valid;
67.24    (i) (ii) the pharmacist is trained in has successfully completed a program approved
67.25by the American Accreditation Council of Pharmaceutical for Pharmacy Education
67.26specifically for the administration of immunizations or graduated from a college of
67.27pharmacy in 2001 or thereafter a program approved by the board; and
67.28    (ii) (iii) the pharmacist reports the administration of the immunization to the patient's
67.29primary physician or clinic or to the Minnesota Immunization Information Connection; and
67.30(iv) the pharmacist complies with guidelines for vaccines and immunizations
67.31established by the federal Advisory Committee on Immunization Practices, except that a
67.32pharmacist does not need to comply with those portions of the guidelines that establish
67.33immunization schedules when administering a vaccine pursuant to a valid, patient-specific
67.34order issued by a physician licensed under chapter 147, a physician assistant authorized to
67.35prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
68.1drugs under section 148.235, provided that the order is consistent with the United States
68.2Food and Drug Administration approved labeling of the vaccine;
68.3    (6) participation in the practice of managing drug therapy and modifying initiation,
68.4management, modification, and discontinuation of drug therapy, according to section
68.5151.21, subdivision 1, according to a written protocol or collaborative practice agreement
68.6between the specific pharmacist: (i) one or more pharmacists and the individual dentist,
68.7optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
68.8care and authorized to independently prescribe drugs one or more dentists, optometrists,
68.9physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
68.10physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
68.11or advanced practice nurses authorized to prescribe, dispense, and administer under
68.12section 148.235. Any significant changes in drug therapy made pursuant to a protocol or
68.13collaborative practice agreement must be reported documented by the pharmacist to in
68.14 the patient's medical record or reported by the pharmacist to a practitioner responsible
68.15for the patient's care;
68.16    (7) participation in the storage of drugs and the maintenance of records;
68.17    (8) responsibility for participation in patient counseling on therapeutic values,
68.18content, hazards, and uses of drugs and devices; and
68.19    (9) offering or performing those acts, services, operations, or transactions necessary
68.20in the conduct, operation, management, and control of a pharmacy.
68.21    Subd. 27a. Protocol. "Protocol" means:
68.22(1) a specific written plan that describes the nature and scope of activities that a
68.23pharmacist may engage in when initiating, managing, modifying, or discontinuing drug
68.24therapy as allowed in subdivision 27, clause (6); or
68.25(2) a specific written plan that authorizes a pharmacist to administer vaccines and
68.26that complies with subdivision 27, clause (5).
68.27    Subd. 27b. Collaborative practice. "Collaborative practice" means patient care
68.28activities, consistent with subdivision 27, engaged in by one or more pharmacists who
68.29have agreed to work in collaboration with one or more practitioners to initiate, manage,
68.30and modify drug therapy under specified conditions mutually agreed to by the pharmacists
68.31and practitioners.
68.32    Subd. 27c. Collaborative practice agreement. "Collaborative practice agreement"
68.33means a written and signed agreement between one or more pharmacists and one or more
68.34practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
68.35    Subd. 28. Veterinary legend drug. "Veterinary legend drug" means a drug that is
68.36required by federal law to bear the following statement: "Caution: Federal law restricts
69.1this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant
69.2to the prescription of a licensed veterinarian.
69.3    Subd. 29. Legend medical gas. "Legend medical gas" means a liquid or gaseous
69.4substance used for medical purposes and that is required by federal law to bear the
69.5following statement: "Caution: Federal law prohibits dispensing without a prescription."
69.6 be dispensed only pursuant to the prescription of a licensed practitioner.
69.7    Subd. 30. Dispense or dispensing. "Dispense or dispensing" means the preparation
69.8or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
69.9appropriately labeled for subsequent administration to or use by a patient or other individual
69.10entitled to receive the drug. interpretation, evaluation, and processing of a prescription
69.11drug order and includes those processes specified by the board in rule that are necessary
69.12for the preparation and provision of a drug to a patient or patient's agent in a suitable
69.13container appropriately labeled for subsequent administration to, or use by, a patient.
69.14    Subd. 31. Central service pharmacy. "Central service pharmacy" means a
69.15pharmacy that may provide dispensing functions, drug utilization review, packaging,
69.16labeling, or delivery of a prescription product to another pharmacy for the purpose of
69.17filling a prescription.
69.18    Subd. 32. Electronic signature. "Electronic signature" means an electronic sound,
69.19symbol, or process attached to or associated with a record and executed or adopted by a
69.20person with the intent to sign the record.
69.21    Subd. 33. Electronic transmission. "Electronic transmission" means transmission
69.22of information in electronic form.
69.23    Subd. 34. Health professional shortage area. "Health professional shortage area"
69.24means an area designated as such by the federal Secretary of Health and Human Services,
69.25as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
69.26title 42, section 254E.
69.27    Subd. 35. Compounding. "Compounding" means preparing, mixing, assembling,
69.28packaging, and labeling a drug for an identified individual patient as a result of
69.29a practitioner's prescription drug order. Compounding also includes anticipatory
69.30compounding, as defined in this section, and the preparation of drugs in which all bulk
69.31drug substances and components are nonprescription substances. Compounding does
69.32not include mixing or reconstituting a drug according to the product's labeling or to the
69.33manufacturer's directions. Compounding does not include the preparation of a drug for the
69.34purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
69.35is not prepared for dispensing or administration to patients. All compounding, regardless
70.1of the type of product, must be done pursuant to a prescription drug order unless otherwise
70.2permitted in this chapter or by the rules of the board.
70.3    Subd. 36. Anticipatory compounding. "Anticipatory compounding" means the
70.4preparation by a pharmacy of a supply of a compounded drug product that is sufficient to
70.5meet the short-term anticipated need of the pharmacy for the filling of prescription drug
70.6orders. In the case of practitioners only, anticipatory compounding means the preparation
70.7of a supply of a compounded drug product that is sufficient to meet the practitioner's
70.8short-term anticipated need for dispensing or administering the drug to patients treated
70.9by the practitioner. Anticipatory compounding is not the preparation of a compounded
70.10drug product for wholesale distribution.
70.11    Subd. 37. Extemporaneous compounding. "Extemporaneous compounding"
70.12means the compounding of a drug product pursuant to a prescription drug order for a specific
70.13patient that is issued in advance of the compounding. Extemporaneous compounding is
70.14not the preparation of a compounded drug product for wholesale distribution.
70.15    Subd. 38. Compounded positron emission tomography drug. "Compounded
70.16positron emission tomography drug" means a drug that:
70.17(1) exhibits spontaneous disintegration of unstable nuclei by the emission of
70.18positrons and is used for the purpose of providing dual photon positron emission
70.19tomographic diagnostic images;
70.20(2) has been compounded by or on the order of a practitioner in accordance with the
70.21relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research,
70.22teaching, or quality control; and
70.23(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator,
70.24accelerator, target material, electronic synthesizer, or other apparatus or computer program
70.25to be used in the preparation of such a drug.

70.26    Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
70.27151.06 POWERS AND DUTIES.
70.28    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
70.29shall have the power and it shall be its duty:
70.30    (1) to regulate the practice of pharmacy;
70.31    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
70.32    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
70.33dispensed in this state, using the United States Pharmacopeia and the National Formulary,
70.34or any revisions thereof, or standards adopted under the federal act as the standard;
71.1    (4) to enter and inspect by its authorized representative any and all places where
71.2drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
71.3away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
71.4or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
71.5after paying or offering to pay for such sample; it shall be entitled to inspect and make
71.6copies of any and all records of shipment, purchase, manufacture, quality control, and
71.7sale of these items provided, however, that such inspection shall not extend to financial
71.8data, sales data, or pricing data;
71.9    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
71.10to be such;
71.11    (6) to license wholesale drug distributors;
71.12    (7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any
71.13registration or license required under this chapter, to any applicant or registrant or licensee
71.14 upon any of the following grounds: listed in section 151.071, and in accordance with
71.15the provisions of section 151.071;
71.16    (i) fraud or deception in connection with the securing of such license or registration;
71.17    (ii) in the case of a pharmacist, conviction in any court of a felony;
71.18    (iii) in the case of a pharmacist, conviction in any court of an offense involving
71.19moral turpitude;
71.20    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
71.21or habitual indulgence in intoxicating liquors in a manner which could cause conduct
71.22endangering public health;
71.23    (v) unprofessional conduct or conduct endangering public health;
71.24    (vi) gross immorality;
71.25    (vii) employing, assisting, or enabling in any manner an unlicensed person to
71.26practice pharmacy;
71.27    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
71.28    (ix) violation of any of the provisions of this chapter or any of the rules of the State
71.29Board of Pharmacy;
71.30    (x) in the case of a pharmacy license, operation of such pharmacy without a
71.31pharmacist present and on duty;
71.32    (xi) in the case of a pharmacist, physical or mental disability which could cause
71.33incompetency in the practice of pharmacy;
71.34    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
71.35pharmacy in another state; or
72.1    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
72.2violation of section 609.215 as established by any of the following:
72.3    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
72.4violation of section 609.215, subdivision 1 or 2;
72.5    (B) a copy of the record of a judgment of contempt of court for violating an
72.6injunction issued under section 609.215, subdivision 4;
72.7    (C) a copy of the record of a judgment assessing damages under section 609.215,
72.8subdivision 5
; or
72.9    (D) a finding by the board that the person violated section 609.215, subdivision
72.101
or 2. The board shall investigate any complaint of a violation of section 609.215,
72.11subdivision 1
or 2;
72.12    (8) to employ necessary assistants and adopt rules for the conduct of its business;
72.13    (9) to register as pharmacy technicians all applicants who the board determines are
72.14qualified to carry out the duties of a pharmacy technician; and
72.15    (10) to perform such other duties and exercise such other powers as the provisions of
72.16the act may require.; and
72.17(11) to enter and inspect any business to which it issues a license or registration.
72.18    (b) Temporary suspension. In addition to any other remedy provided by law, the board
72.19may, without a hearing, temporarily suspend a license for not more than 60 days if the board
72.20finds that a pharmacist has violated a statute or rule that the board is empowered to enforce
72.21and continued practice by the pharmacist would create an imminent risk of harm to others.
72.22The suspension shall take effect upon written notice to the pharmacist, specifying the
72.23statute or rule violated. At the time it issues the suspension notice, the board shall schedule
72.24a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist
72.25shall be provided with at least 20 days' notice of any hearing held under this subdivision.
72.26    (c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make
72.27and publish uniform rules not inconsistent herewith for carrying out and enforcing
72.28the provisions of this chapter. The board shall adopt rules regarding prospective drug
72.29utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
72.30the pharmacist's professional judgment, upon the presentation of a new prescription by a
72.31patient or the patient's caregiver or agent, shall perform the prospective drug utilization
72.32review required by rules issued under this subdivision.
72.33(d) (c) Substitution; rules. If the United States Food and Drug Administration
72.34(FDA) determines that the substitution of drugs used for the treatment of epilepsy or
72.35seizures poses a health risk to patients, the board shall adopt rules in accordance with
72.36accompanying FDA interchangeability standards regarding the use of substitution for
73.1these drugs. If the board adopts a rule regarding the substitution of drugs used for the
73.2treatment of epilepsy or seizures that conflicts with the substitution requirements of
73.3section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule
73.4proposed by the board would increase state costs for state public health care programs,
73.5the board shall report to the chairs and ranking minority members of the senate Health
73.6and Human Services Budget Division and the house of representatives Health Care and
73.7Human Services Finance Division the proposed rule and the increased cost associated
73.8with the proposed rule before the board may adopt the rule.
73.9    Subd. 1a. Disciplinary action Cease and desist orders. It shall be grounds for
73.10disciplinary action by the Board of Pharmacy against the registration of the pharmacy if
73.11the Board of Pharmacy determines that any person with supervisory responsibilities at the
73.12pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization
73.13review and patient counseling as required by rules adopted under subdivision 1. The
73.14Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions
73.15taken under this section. (a) Whenever it appears to the board that a person has engaged in
73.16an act or practice constituting a violation of a law, rule, or other order related to the duties
73.17and responsibilities entrusted to the board, the board may issue and cause to be served
73.18upon the person an order requiring the person to cease and desist from violations.
73.19(b) The cease and desist order must state the reasons for the issuance of the order
73.20and must give reasonable notice of the rights of the person to request a hearing before
73.21an administrative law judge. A hearing must be held not later than ten days after the
73.22request for the hearing is received by the board. After the completion of the hearing,
73.23the administrative law judge shall issue a report within ten days. Within 15 days after
73.24receiving the report of the administrative law judge, the board shall issue a further order
73.25vacating or making permanent the cease and desist order. The time periods provided in
73.26this provision may be waived by agreement of the executive director of the board and the
73.27person against whom the cease and desist order was issued. If the person to whom a cease
73.28and desist order is issued fails to appear at the hearing after being duly notified, the person
73.29is in default, and the proceeding may be determined against that person upon consideration
73.30of the cease and desist order, the allegations of which may be considered to be true. Unless
73.31otherwise provided, all hearings must be conducted according to chapter 14. The board
73.32may adopt rules of procedure concerning all proceedings conducted under this subdivision.
73.33(c) If no hearing is requested within 30 days of service of the order, the cease and
73.34desist order will become permanent.
73.35(d) A cease and desist order issued under this subdivision remains in effect until
73.36it is modified or vacated by the board. The administrative proceeding provided by this
74.1subdivision, and subsequent appellate judicial review of that administrative proceeding,
74.2constitutes the exclusive remedy for determining whether the board properly issued the
74.3cease and desist order and whether the cease and desist order should be vacated or made
74.4permanent.
74.5    Subd. 1b. Enforcement of violations of cease and desist orders. (a) Whenever
74.6the board under subdivision 1a seeks to enforce compliance with a cease and desist
74.7order that has been made permanent, the allegations of the cease and desist order are
74.8considered conclusively established for purposes of proceeding under subdivision 1a for
74.9permanent or temporary relief to enforce the cease and desist order. Whenever the board
74.10under subdivision 1a seeks to enforce compliance with a cease and desist order when a
74.11hearing or hearing request on the cease and desist order is pending, or the time has not
74.12yet expired to request a hearing on whether a cease and desist order should be vacated or
74.13made permanent, the allegations in the cease and desist order are considered conclusively
74.14established for the purposes of proceeding under subdivision 1a for temporary relief to
74.15enforce the cease and desist order.
74.16(b) Notwithstanding this subdivision or subdivision 1a, the person against whom
74.17the cease and desist order is issued and who has requested a hearing under subdivision 1a
74.18may, within 15 days after service of the cease and desist order, bring an action in Ramsey
74.19County District Court for issuance of an injunction to suspend enforcement of the cease
74.20and desist order pending a final decision of the board under subdivision 1a to vacate or
74.21make permanent the cease and desist order. The court shall determine whether to issue
74.22such an injunction based on traditional principles of temporary relief.
74.23    Subd. 2. Application. In the case of a facility licensed or registered by the board,
74.24the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
74.25shall also apply to the following:
74.26(1) In the case of a partnership, each partner thereof;
74.27(2) In the case of an association, each member thereof;
74.28(3) In the case of a corporation, each officer or director thereof and each shareholder
74.29owning 30 percent or more of the voting stock of such corporation.
74.30    Subd. 3. Application of Administrative Procedure Act. The board shall comply
74.31with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any
74.32license or registration issued under this chapter.
74.33    Subd. 4. Reinstatement. Any license or registration which has been suspended
74.34or revoked may be reinstated by the board provided the holder thereof shall pay all costs
74.35of the proceedings resulting in the suspension or revocation, and, in addition thereto,
74.36pay a fee set by the board.
75.1    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding
75.2$10,000 for each separate violation, the amount of the civil penalty to be fixed so as
75.3to deprive a licensee or registrant of any economic advantage gained by reason of
75.4the violation, to discourage similar violations by the licensee or registrant or any other
75.5licensee or registrant, or to reimburse the board for the cost of the investigation and
75.6proceeding, including, but not limited to, fees paid for services provided by the Office of
75.7Administrative Hearings, legal and investigative services provided by the Office of the
75.8Attorney General, court reporters, witnesses, reproduction of records, board members'
75.9per diem compensation, board staff time, and travel costs and expenses incurred by board
75.10staff and board members.

75.11    Sec. 3. [151.071] DISCIPLINARY ACTION.
75.12    Subdivision 1. Forms of disciplinary action. When the board finds that a licensee,
75.13registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may
75.14do one or more of the following:
75.15(1) deny the issuance of a license or registration;
75.16(2) refuse to renew a license or registration;
75.17(3) revoke the license or registration;
75.18(4) suspend the license or registration;
75.19(5) impose limitations, conditions, or both on the license or registration, including
75.20but not limited to: the limitation of practice designated settings; the imposition of
75.21retraining or rehabilitation requirements; the requirement of practice under supervision;
75.22the requirement of participation in a diversion program such as that established pursuant to
75.23section 214.31 or the conditioning of continued practice on demonstration of knowledge
75.24or skills by appropriate examination or other review of skill and competence;
75.25(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
75.26amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any
75.27economic advantage gained by reason of the violation, to discourage similar violations
75.28by the licensee or registrant or any other licensee or registrant, or to reimburse the board
75.29for the cost of the investigation and proceeding, including but not limited to, fees paid
75.30for services provided by the Office of Administrative Hearings, legal and investigative
75.31services provided by the Office of the Attorney General, court reporters, witnesses,
75.32reproduction of records, board members' per diem compensation, board staff time, and
75.33travel costs and expenses incurred by board staff and board members; and
75.34(7) reprimand the licensee or registrant.
76.1    Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and
76.2is grounds for disciplinary action:
76.3(1) failure to demonstrate the qualifications or satisfy the requirements for a license
76.4or registration contained in this chapter or the rules of the board. The burden of proof is on
76.5the applicant to demonstrate such qualifications or satisfaction of such requirements;
76.6(2) obtaining a license by fraud or by misleading the board in any way during
76.7the application process or obtaining a license by cheating, or attempting to subvert
76.8the licensing examination process. Conduct that subverts or attempts to subvert the
76.9licensing examination process includes, but is not limited to: (i) conduct that violates the
76.10security of the examination materials, such as removing examination materials from the
76.11examination room or having unauthorized possession of any portion of a future, current,
76.12or previously administered licensing examination; (ii) conduct that violates the standard of
76.13test administration, such as communicating with another examinee during administration
76.14of the examination, copying another examinee's answers, permitting another examinee
76.15to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
76.16examinee or permitting an impersonator to take the examination on one's own behalf;
76.17(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a
76.18pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist
76.19intern registration, conviction of a felony reasonably related to the practice of pharmacy.
76.20Conviction as used in this subdivision includes a conviction of an offense that if committed
76.21in this state would be deemed a felony without regard to its designation elsewhere, or
76.22a criminal proceeding where a finding or verdict of guilt is made or returned but the
76.23adjudication of guilt is either withheld or not entered thereon. The board may delay the
76.24issuance of a new license or registration if the applicant has been charged with a felony
76.25until the matter has been adjudicated;
76.26(4) for a facility, other than a pharmacy, licensed or registered by the board, if an
76.27owner or applicant is convicted of a felony reasonably related to the operation of the
76.28facility. The board may delay the issuance of a new license or registration if the owner or
76.29applicant has been charged with a felony until the matter has been adjudicated;
76.30(5) for a controlled substance researcher, conviction of a felony reasonably related
76.31to controlled substances or to the practice of the researcher's profession. The board may
76.32delay the issuance of a registration if the applicant has been charged with a felony until
76.33the matter has been adjudicated;
76.34(6) disciplinary action taken by another state or by one of this state's health licensing
76.35agencies:
77.1(i) revocation, suspension, restriction, limitation, or other disciplinary action against
77.2a license or registration in another state or jurisdiction, failure to report to the board that
77.3charges or allegations regarding the person's license or registration have been brought in
77.4another state or jurisdiction, or having been refused a license or registration by any other
77.5state or jurisdiction. The board may delay the issuance of a new license or registration if
77.6an investigation or disciplinary action is pending in another state or jurisdiction until the
77.7investigation or action has been dismissed or otherwise resolved; and
77.8(ii) revocation, suspension, restriction, limitation, or other disciplinary action against
77.9a license or registration issued by another of this state's health licensing agencies, failure
77.10to report to the board that charges regarding the person's license or registration have been
77.11brought by another of this state's health licensing agencies, or having been refused a
77.12license or registration by another of this state's health licensing agencies. The board may
77.13delay the issuance of a new license or registration if a disciplinary action is pending before
77.14another of this state's health licensing agencies until the action has been dismissed or
77.15otherwise resolved;
77.16(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation
77.17of any order of the board, of any of the provisions of this chapter or any rules of the
77.18board or violation of any federal, state, or local law or rule reasonably pertaining to the
77.19practice of pharmacy;
77.20(8) for a facility, other than a pharmacy, licensed by the board, violations of any
77.21order of the board, of any of the provisions of this chapter or the rules of the board or
77.22violation of any federal, state, or local law relating to the operation of the facility;
77.23(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
77.24the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
77.25of a patient; or pharmacy practice that is professionally incompetent, in that it may create
77.26unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
77.27of actual injury need not be established;
77.28(10) aiding or abetting an unlicensed person in the practice of pharmacy, except
77.29that it is not a violation of this clause for a pharmacist to supervise a properly registered
77.30pharmacy technician or pharmacist intern if that person is performing duties allowed
77.31by this chapter or the rules of the board;
77.32(11) for an individual licensed or registered by the board, adjudication as mentally ill
77.33or developmentally disabled, or as a chemically dependent person, a person dangerous
77.34to the public, a sexually dangerous person, or a person who has a sexual psychopathic
77.35personality, by a court of competent jurisdiction, within or without this state. Such
78.1adjudication shall automatically suspend a license for the duration thereof unless the
78.2board orders otherwise;
78.3(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as
78.4specified in the board's rules. In the case of a pharmacy technician, engaging in conduct
78.5specified in board rules that would be unprofessional if it were engaged in by a pharmacist
78.6or pharmacist intern or performing duties specifically reserved for pharmacists under this
78.7chapter or the rules of the board;
78.8(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
78.9duty except as allowed by a variance approved by the board;
78.10(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and
78.11safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
78.12any other type of material or as a result of any mental or physical condition, including
78.13deterioration through the aging process or loss of motor skills. In the case of registered
78.14pharmacy technicians, pharmacist interns, or controlled substance researchers, the
78.15inability to carry out duties allowed under this chapter or the rules of the board with
78.16reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs,
78.17narcotics, chemicals, or any other type of material or as a result of any mental or physical
78.18condition, including deterioration through the aging process or loss of motor skills;
78.19(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical
78.20gas distributor, or controlled substance researcher, revealing a privileged communication
78.21from or relating to a patient except when otherwise required or permitted by law;
78.22(16) for a pharmacist or pharmacy, improper management of patient records,
78.23including failure to maintain adequate patient records, to comply with a patient's request
78.24made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report
78.25required by law;
78.26(17) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
78.27kickback, or other form of remuneration, directly or indirectly, for the referral of patients
78.28or the dispensing of drugs or devices;
78.29(18) engaging in abusive or fraudulent billing practices, including violations of the
78.30federal Medicare and Medicaid laws or state medical assistance laws or rules;
78.31(19) engaging in conduct with a patient that is sexual or may reasonably be
78.32interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
78.33demeaning to a patient;
78.34(20) failure to make reports as required by section 151.072 or to cooperate with an
78.35investigation of the board as required by section 151.074;
79.1(21) knowingly providing false or misleading information that is directly related
79.2to the care of a patient unless done for an accepted therapeutic purpose such as the
79.3dispensing and administration of a placebo;
79.4(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
79.5established by any of the following:
79.6(i) a copy of the record of criminal conviction or plea of guilty for a felony in
79.7violation of section 609.215, subdivision 1 or 2;
79.8(ii) a copy of the record of a judgment of contempt of court for violating an
79.9injunction issued under section 609.215, subdivision 4;
79.10(iii) a copy of the record of a judgment assessing damages under section 609.215,
79.11subdivision 5; or
79.12(iv) a finding by the board that the person violated section 609.215, subdivision
79.131 or 2. The board shall investigate any complaint of a violation of section 609.215,
79.14subdivision 1 or 2;
79.15(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.
79.16For a pharmacist intern, pharmacy technician, or controlled substance researcher,
79.17performing duties permitted to such individuals by this chapter or the rules of the board
79.18under a lapsed or nonrenewed registration. For a facility required to be licensed under this
79.19chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
79.20(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination
79.21or discharge from the health professional services program for reasons other than the
79.22satisfactory completion of the program.
79.23    Subd. 3. Automatic suspension. (a) A license or registration issued under this
79.24chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance
79.25researcher is automatically suspended if: (1) a guardian of a licensee or registrant is
79.26appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
79.27other than the minority of the licensee or registrant; or (2) the licensee or registrant is
79.28committed by order of a court pursuant to chapter 253B. The license or registration
79.29remains suspended until the licensee is restored to capacity by a court and, upon petition
79.30by the licensee or registrant, the suspension is terminated by the board after a hearing.
79.31(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the
79.32board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice
79.33of pharmacy, the license or registration of the regulated person may be automatically
79.34suspended by the board. The license or registration will remain suspended until, upon
79.35petition by the regulated individual and after a hearing, the suspension is terminated by
79.36the board. The board may indefinitely suspend or revoke the license or registration of the
80.1regulated individual if, after a hearing before the board, the board finds that the felonious
80.2conduct would cause a serious risk of harm to the public.
80.3(c) For a facility that is licensed or registered by the board, upon notice to the
80.4board that an owner of the facility is subject to a judgment of, or a plea of guilty to,
80.5a felony reasonably related to the operation of the facility, the license or registration of
80.6the facility may be automatically suspended by the board. The license or registration will
80.7remain suspended until, upon petition by the facility and after a hearing, the suspension
80.8is terminated by the board. The board may indefinitely suspend or revoke the license or
80.9registration of the facility if, after a hearing before the board, the board finds that the
80.10felonious conduct would cause a serious risk of harm to the public.
80.11(d) For licenses and registrations that have been suspended or revoked pursuant
80.12to paragraphs (a) and (b), the regulated individual may have a license or registration
80.13reinstated, either with or without restrictions, by demonstrating clear and convincing
80.14evidence of rehabilitation, as provided in section 364.03. If the regulated individual has
80.15the conviction subsequently overturned by court decision, the board shall conduct a
80.16hearing to review the suspension within 30 days after the receipt of the court decision.
80.17The regulated individual is not required to prove rehabilitation if the subsequent court
80.18decision overturns previous court findings of public risk.
80.19(e) For licenses and registrations that have been suspended or revoked pursuant to
80.20paragraph (c), the regulated facility may have a license or registration reinstated, either with
80.21or without restrictions, conditions, or limitations, by demonstrating clear and convincing
80.22evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the
80.23convicted owner has the conviction subsequently overturned by court decision, the board
80.24shall conduct a hearing to review the suspension within 30 days after receipt of the court
80.25decision. The regulated facility is not required to prove rehabilitation of the convicted
80.26owner if the subsequent court decision overturns previous court findings of public risk.
80.27(f) The board may, upon majority vote of a quorum of its appointed members,
80.28suspend the license or registration of a regulated individual without a hearing if the
80.29regulated individual fails to maintain a current name and address with the board, as
80.30described in paragraphs (h) and (i), while the regulated individual is: (1) under board
80.31investigation, and a notice of conference has been issued by the board; (2) party to a
80.32contested case with the board; (3) party to an agreement for corrective action with the
80.33board; or (4) under a board order for disciplinary action. The suspension shall remain
80.34in effect until lifted by the board to the board's receipt of a petition from the regulated
80.35individual, along with the current name and address of the regulated individual.
81.1(g) The board may, upon majority vote of a quorum of its appointed members,
81.2suspend the license or registration of a regulated facility without a hearing if the regulated
81.3facility fails to maintain a current name and address of the owner of the facility with the
81.4board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under
81.5board investigation, and a notice of conference has been issued by the board; (2) party
81.6to a contested case with the board; (3) party to an agreement for corrective action with
81.7the board; or (4) under a board order for disciplinary action. The suspension shall remain
81.8in effect until lifted by the board pursuant to the board's receipt of a petition from the
81.9regulated facility, along with the current name and address of the owner of the facility.
81.10(h) An individual licensed or registered by the board shall maintain a current name
81.11and home address with the board and shall notify the board in writing within 30 days of
81.12any change in name or home address. An individual regulated by the board shall also
81.13maintain a current business address with the board as required by section 214.073. For
81.14an individual, if a name change only is requested, the regulated individual must request
81.15a revised license or registration. The board may require the individual to substantiate
81.16the name change by submitting official documentation from a court of law or agency
81.17authorized under law to receive and officially record a name change. In the case of an
81.18individual, if an address change only is requested, no request for a revised license or
81.19registration is required. If the current license or registration of an individual has been lost,
81.20stolen, or destroyed, the individual shall provide a written explanation to the board.
81.21(i) A facility licensed or registered by the board shall maintain a current name and
81.22address with the board. A facility shall notify the board in writing within 30 days of any
81.23change in name. A facility licensed or registered by the board but located outside of the
81.24state must notify the board within 30 days of an address change. A facility licensed or
81.25registered by the board and located within the state must notify the board at least 60
81.26days in advance of a change of address that will result from the move of the facility to a
81.27different location and must pass an inspection at the new location as required by the board.
81.28If the current license or registration of a facility has been lost, stolen, or destroyed, the
81.29facility shall provide a written explanation to the board.
81.30    Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
81.31qualification, or restriction of a license or registration shall be in effect pending
81.32determination of an appeal.
81.33    Subd. 5. Conditions on reissued license. In its discretion, the board may restore
81.34and reissue a license or registration issued under this chapter, but as a condition thereof
81.35may impose any disciplinary or corrective measure that it might originally have imposed.
82.1    Subd. 6. Temporary suspension of license for pharmacists. In addition to any
82.2other remedy provided by law, the board may, without a hearing, temporarily suspend the
82.3license of a pharmacist if the board finds that the pharmacist has violated a statute or rule
82.4that the board is empowered to enforce and continued practice by the pharmacist would
82.5create a serious risk of harm to the public. The suspension shall take effect upon written
82.6notice to the pharmacist, specifying the statute or rule violated. The suspension shall
82.7remain in effect until the board issues a final order in the matter after a hearing. At the
82.8time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
82.9held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with
82.10at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall
82.11be scheduled to begin no later than 30 days after the issuance of the suspension order.
82.12    Subd. 7. Temporary suspension of license for pharmacist interns, pharmacy
82.13technicians, and controlled substance researchers. In addition to any other remedy
82.14provided by law, the board may, without a hearing, temporarily suspend the registration of
82.15a pharmacist intern, pharmacy technician, or controlled substance researcher if the board
82.16finds that the registrant has violated a statute or rule that the board is empowered to enforce
82.17and continued registration of the registrant would create a serious risk of harm to the
82.18public. The suspension shall take effect upon written notice to the registrant, specifying
82.19the statute or rule violated. The suspension shall remain in effect until the board issues a
82.20final order in the matter after a hearing. At the time it issues the suspension notice, the
82.21board shall schedule a disciplinary hearing to be held pursuant to the Administrative
82.22Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of
82.23any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
82.24later than 30 days after the issuance of the suspension order.
82.25    Subd. 8. Temporary suspension of license for pharmacies, drug wholesalers,
82.26drug manufacturers, medical gas manufacturers, and medical gas distributors.
82.27In addition to any other remedy provided by law, the board may, without a hearing,
82.28temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug
82.29manufacturer, medical gas manufacturer, or medical gas distributor if the board finds
82.30that the licensee or registrant has violated a statute or rule that the board is empowered
82.31to enforce and continued operation of the licensed facility would create a serious risk of
82.32harm to the public. The suspension shall take effect upon written notice to the licensee or
82.33registrant, specifying the statute or rule violated. The suspension shall remain in effect
82.34until the board issues a final order in the matter after a hearing. At the time it issues the
82.35suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
82.36the Administrative Procedure Act. The licensee or registrant shall be provided with at
83.1least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be
83.2scheduled to begin no later than 30 days after the issuance of the suspension order.
83.3    Subd. 9. Evidence. In disciplinary actions alleging a violation of subdivision 2,
83.4clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court
83.5administrator or of the administrative agency that entered the same shall be admissible
83.6into evidence without further authentication and shall constitute prima facie evidence
83.7of the contents thereof.
83.8    Subd. 10. Mental examination; access to medical data. If the board has probable
83.9cause to believe that an individual licensed or registered by the board falls under
83.10subdivision 2, clause (14), it may direct the individual to submit to a mental or physical
83.11examination. For the purpose of this subdivision, every licensed or registered individual is
83.12deemed to have consented to submit to a mental or physical examination when directed in
83.13writing by the board and further to have waived all objections to the admissibility of the
83.14examining practitioner's testimony or examination reports on the grounds that the same
83.15constitute a privileged communication. Failure of a licensed or registered individual to
83.16submit to an examination when directed constitutes an admission of the allegations against
83.17the individual, unless the failure was due to circumstances beyond the individual's control,
83.18in which case a default and final order may be entered without the taking of testimony or
83.19presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
83.20intervals be given an opportunity to demonstrate that they can resume the competent
83.21practice of the profession of pharmacy with reasonable skill and safety to the public.
83.22Pharmacist interns, pharmacy technicians, or controlled substance researchers affected
83.23under this paragraph shall at reasonable intervals be given an opportunity to demonstrate
83.24that they can competently resume the duties that can be performed, under this chapter or
83.25the rules of the board, by similarly registered persons with reasonable skill and safety to
83.26the public. In any proceeding under this paragraph, neither the record of proceedings nor
83.27the orders entered by the board shall be used against a licensed or registered individual
83.28in any other proceeding.
83.29    Subd. 11. Tax clearance certificate. (a) In addition to the provisions of subdivision
83.301, the board may not issue or renew a license or registration if the commissioner of
83.31revenue notifies the board and the licensee or applicant for a license that the licensee or
83.32applicant owes the state delinquent taxes in the amount of $500 or more. The board may
83.33issue or renew the license or registration only if (1) the commissioner of revenue issues a
83.34tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or
83.35applicant forwards a copy of the clearance to the board. The commissioner of revenue
84.1may issue a clearance certificate only if the licensee, registrant, or applicant does not owe
84.2the state any uncontested delinquent taxes.
84.3(b) For purposes of this subdivision, the following terms have the meanings given.
84.4(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
84.5and interest due on those taxes.
84.6(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court
84.7action that contests the amount or validity of the liability has been filed or served, (ii) the
84.8appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant
84.9has entered into a payment agreement to pay the liability and is current with the payments.
84.10(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee,
84.11registrant, or applicant is required to obtain a clearance certificate under this subdivision,
84.12a contested case hearing must be held if the licensee or applicant requests a hearing in
84.13writing to the commissioner of revenue within 30 days of the date of the notice provided
84.14in paragraph (a). The hearing must be held within 45 days of the date the commissioner of
84.15revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law
84.16to the contrary, the licensee or applicant must be served with 20 days' notice in writing
84.17specifying the time and place of the hearing and the allegations against the licensee or
84.18applicant. The notice may be served personally or by mail.
84.19(d) A licensee or applicant must provide the licensee's or applicant's Social Security
84.20number and Minnesota business identification number on all license applications. Upon
84.21request of the commissioner of revenue, the board must provide to the commissioner of
84.22revenue a list of all licensees and applicants that includes the licensee's or applicant's
84.23name, address, Social Security number, and business identification number. The
84.24commissioner of revenue may request a list of the licensees and applicants no more than
84.25once each calendar year.
84.26    Subd. 12. Limitation. No board proceeding against a regulated person or facility
84.27shall be instituted unless commenced within seven years from the date of the commission
84.28of some portion of the offense or misconduct complained of except for alleged violations
84.29of subdivision 2, clause (21).

84.30    Sec. 4. [151.072] REPORTING OBLIGATIONS.
84.31    Subdivision 1. Permission to report. A person who has knowledge of any conduct
84.32constituting grounds for discipline under the provisions of this chapter or the rules of the
84.33board may report the violation to the board.
84.34    Subd. 2. Pharmacies. A pharmacy located in this state must report to the board any
84.35discipline that is related to an incident involving conduct that would constitute grounds
85.1for discipline under the provisions of this chapter or the rules of the board, that is taken
85.2by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
85.3pharmacy technician, including the termination of employment of the individual or the
85.4revocation, suspension, restriction, limitation, or conditioning of an individual's ability
85.5to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
85.6resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
85.7any disciplinary proceeding, or prior to the commencement of formal charges but after the
85.8individual had knowledge that formal charges were contemplated or in preparation. Each
85.9report made under this subdivision must state the nature of the action taken and state in
85.10detail the reasons for the action. Failure to report violations as required by this subdivision
85.11is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
85.12    Subd. 3. Licensees and registrants of the board. A licensee or registrant of
85.13the board shall report to the board personal knowledge of any conduct that the person
85.14reasonably believes constitutes grounds for disciplinary action under this chapter or
85.15the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
85.16controlled substance researcher, including any conduct indicating that the person may be
85.17professionally incompetent, or may have engaged in unprofessional conduct or may be
85.18medically or physically unable to engage safely in the practice of pharmacy or to carry
85.19out the duties permitted to the person by this chapter or the rules of the board. Failure
85.20to report violations as required by this subdivision is a basis for discipline pursuant to
85.21section 151.071, subdivision 2, clause (20).
85.22    Subd. 4. Courts. The court administrator of a district court or any other court of
85.23competent jurisdiction shall report to the board any judgment or other determination of
85.24the court that: adjudges or includes a finding that a licensee or registrant of the board is
85.25mentally ill, mentally incompetent, guilty of a felony, or guilty of a violation of federal
85.26or state narcotics laws or controlled substances act, guilty of an abuse or fraud under
85.27Medicare or Medicaid; appoints a guardian of the licensee or registrant pursuant to sections
85.28524.5-101 to 524.5-502; or commits a licensee or registrant pursuant to chapter 253B.
85.29    Subd. 5. Self-reporting. A licensee or registrant of the board shall report to the
85.30board any personal action that would require that a report be filed with the board pursuant
85.31to subdivision 2 or 4.
85.32    Subd. 6. Deadlines; forms. Reports required by subdivisions 2 to 5 must be
85.33submitted not later than 30 days after the occurrence of the reportable event or transaction.
85.34The board may provide forms for the submission of reports required by this section, may
85.35require that reports be submitted on the forms provided, and may adopt rules necessary
85.36to assure prompt and accurate reporting.
86.1    Subd. 7. Subpoenas. The board may issue subpoenas for the production of any
86.2reports required by subdivisions 2 to 5 or any related documents.

86.3    Sec. 5. [151.073] IMMUNITY.
86.4Any person, health care facility, business, or organization is immune from civil
86.5liability or criminal prosecution for submitting in good faith a report to the board under
86.6section 151.072 or for otherwise reporting in good faith to the board violations or alleged
86.7violations of this chapter or the rules of the board. All such reports are investigative
86.8data pursuant to chapter 13.

86.9    Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
86.10An individual who is licensed or registered by the board, who is the subject of an
86.11investigation by or on behalf of the board, shall cooperate fully with the investigation.
86.12An owner or employee of a facility that is licensed or registered by the board, when the
86.13facility is the subject of an investigation by or on behalf of the board, shall cooperate
86.14fully with the investigation. Cooperation includes responding fully and promptly to any
86.15question raised by, or on behalf of, the board relating to the subject of the investigation and
86.16providing copies of patient pharmacy records and other relevant records, as reasonably
86.17requested by the board, to assist the board in its investigation. The board shall maintain
86.18any records obtained pursuant to this section as investigative data pursuant to chapter 13.

86.19    Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
86.20Upon judicial review of any board disciplinary action taken under this chapter, the
86.21reviewing court shall seal the administrative record, except for the board's final decision,
86.22and shall not make the administrative record available to the public.

86.23    Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
86.24151.211 RECORDS OF PRESCRIPTIONS.
86.25    Subdivision 1. Retention of prescription drug orders. All prescriptions dispensed
86.26 prescription drug orders shall be kept on file at the location in from which such dispensing
86.27occurred of the ordered drug occurs for a period of at least two years. Prescription drug
86.28orders that are electronically prescribed must be kept on file in the format in which
86.29they were originally received. Written or printed prescription drug orders and verbal
86.30prescription drug orders reduced to writing, must be kept on file as received or transcribed,
86.31except that such orders may be kept in an electronic format as allowed by the board.
86.32Electronic systems used to process and store prescription drug orders must be compliant
87.1with the requirements of this chapter and the rules of the board. Prescription drug orders
87.2that are stored in an electronic format, as permitted by this subdivision, may be kept on
87.3file at a remote location provided that they are readily and securely accessible from the
87.4location at which dispensing of the ordered drug occurred.
87.5    Subd. 2. Refill requirements. No A prescription shall drug order may be refilled
87.6except only with the written, electronic, or verbal consent of the prescriber and in
87.7accordance with the requirements of this chapter, the rules of the board, and where
87.8applicable, section 152.11. The date of such refill must be recorded and initialed upon
87.9the original prescription drug order, or within the electronically maintained record of the
87.10original prescription drug order, by the pharmacist, pharmacist intern, or practitioner
87.11who refills the prescription.

87.12    Sec. 9. [151.251] COMPOUNDING.
87.13    Subdivision 1. Exemption from manufacturing licensure requirement. Section
87.14151.252 shall not apply to:
87.15(1) a practitioner engaged in extemporaneous compounding, anticipatory
87.16compounding, or compounding not done pursuant to a prescription drug order when
87.17permitted by this chapter or the rules of the board; and
87.18(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
87.19anticipatory compounding, or compounding not done pursuant to a prescription drug order
87.20when permitted by this chapter or the rules of the board.
87.21    Subd. 2. Compounded drug. A drug product may be compounded under this
87.22section if a pharmacist or practitioner:
87.23(a) compounds the drug product using bulk drug substances, as defined in the federal
87.24regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
87.25(1) that:
87.26(i) comply with the standards of an applicable United States Pharmacopoeia
87.27or National Formulary monograph, if a monograph exists, and the United States
87.28Pharmacopoeia chapter on pharmacy compounding;
87.29(ii) if such a monograph does not exist, are drug substances that are components of
87.30drugs approved for use in this country by the United States Food and Drug Administration;
87.31or
87.32(iii) if such a monograph does not exist and the drug substance is not a component of
87.33a drug approved for use in this country by the United States Food and Drug Administration,
87.34that appear on a list developed by the United States Food and Drug Administration through
88.1regulations issued by the secretary of the federal Department of Health and Human
88.2Services pursuant to section 503a of the Food, Drug and Cosmetic Act under paragraph (d);
88.3(2) that are manufactured by an establishment that is registered under section 360
88.4of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
88.5registered under section 360(i) of that act; and
88.6(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
88.7(b) compounds the drug product using ingredients, other than bulk drug substances,
88.8that comply with the standards of an applicable United States Pharmacopoeia or National
88.9Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
88.10chapters on pharmacy compounding;
88.11(c) does not compound a drug product that appears on a list published by the secretary
88.12of the federal Department of Health and Human Services in the Federal Register of drug
88.13products that have been withdrawn or removed from the market because such drug products
88.14or components of such drug products have been found to be unsafe or not effective;
88.15(d) does not compound any drug products that are essentially copies of a
88.16commercially available drug product; and
88.17(e) does not compound any drug product that has been identified pursuant to
88.18United States Code, title 21, section 353a, as a drug product that presents demonstrable
88.19difficulties for compounding that reasonably demonstrate an adverse effect on the safety
88.20or effectiveness of that drug product.
88.21The term "essentially a copy of a commercially available drug product" does not
88.22include a drug product in which there is a change, made for an identified individual
88.23patient, that produces for that patient a significant difference, as determined by the
88.24prescribing practitioner, between the compounded drug and the comparable commercially
88.25available drug product.
88.26    Subd. 3. Exceptions. This section shall not apply to:
88.27(1) compounded positron emission tomography drugs as defined in section 151.01,
88.28subdivision 38; or
88.29(2) radiopharmaceuticals.

88.30    Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
88.31a subdivision to read:
88.32    Subd. 1a. Outsourcing facility. (a) No person shall act as an outsourcing facility
88.33without first obtaining a license from the board and paying any applicable manufacturer
88.34licensing fee specified in section 151.065.
89.1(b) Application for an outsourcing facility license under this section shall be made
89.2in a manner specified by the board and may differ from the application required of other
89.3drug manufacturers.
89.4(c) No license shall be issued or renewed for an outsourcing facility unless the
89.5applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
89.6state law and according to Minnesota Rules.
89.7(d) No license shall be issued or renewed for an outsourcing facility unless the
89.8applicant supplies the board with proof of such registration by the United States Food and
89.9Drug Administration as required by United States Code, title 21, section 353b.
89.10(e) No license shall be issued or renewed for an outsourcing facility that is required
89.11to be licensed or registered by the state in which it is physically located unless the
89.12applicant supplies the board with proof of such licensure or registration. The board may
89.13establish, by rule, standards for the licensure of an outsourcing facility that is not required
89.14to be licensed or registered by the state in which it is physically located.
89.15(f) The board shall require a separate license for each outsourcing facility located
89.16within the state and for each outsourcing facility located outside of the state at which drugs
89.17that are shipped into the state are prepared.
89.18(g) The board shall not issue an initial or renewed license for an outsourcing facility
89.19unless the facility passes an inspection conducted by an authorized representative of the
89.20board. In the case of an outsourcing facility located outside of the state, the board may
89.21require the applicant to pay the cost of the inspection, in addition to the license fee in
89.22section 151.065, unless the applicant furnishes the board with a report, issued by the
89.23appropriate regulatory agency of the state in which the facility is located or by the United
89.24States Food and Drug Administration, of an inspection that has occurred within the 24
89.25months immediately preceding receipt of the license application by the board. The board
89.26may deny licensure unless the applicant submits documentation satisfactory to the board
89.27that any deficiencies noted in an inspection report have been corrected.

89.28    Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
89.29151.26 EXCEPTIONS.
89.30    Subdivision 1. Generally. Nothing in this chapter shall subject a person duly
89.31licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
89.32by the State Board of Pharmacy, nor prevent the person from administering drugs,
89.33medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
89.34practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
89.35chemicals, or poisons as may be considered appropriate in the treatment of such patient;
90.1unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
90.2provides reasonable notice of an inspection.
90.3Except for the provisions of section 151.37, nothing in this chapter applies to or
90.4interferes with the dispensing, in its original package and at no charge to the patient, of a
90.5legend drug, other than a controlled substance, that was packaged by a manufacturer and
90.6provided to the dispenser for distribution as a professional sample.
90.7Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
90.8poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
90.9practice, nor to hospitals for use therein.
90.10Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
90.11at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
90.12sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in
90.13this chapter shall prevent the sale of common household preparations and other drugs,
90.14chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided
90.15that this exception does not apply to any compound, substance, or derivative that is not
90.16approved for human consumption by the United States Food and Drug Administration
90.17or specifically permitted for human consumption under Minnesota law that, when
90.18introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
90.19controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
90.20parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
90.21purpose of human consumption.
90.22Nothing in this chapter shall apply to or interfere with the vending or retailing of
90.23any nonprescription medicine or drug not otherwise prohibited by statute which that is
90.24prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
90.25labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
90.26to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
90.27cosmetics, perfumes, spices, and other commonly used household articles of a chemical
90.28nature, for use for nonmedicinal purposes.; provided that this exception does not apply
90.29to any compound, substance, or derivative that is not approved for human consumption
90.30by the United States Food and Drug Administration or specifically permitted for human
90.31consumption under Minnesota law that, when introduced into the body, induces an effect
90.32similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
90.33subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
90.34whether the substance is marketed for the purpose of human consumption. Nothing in
90.35this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
90.36discount to persons over 65 years of age.

91.1    Sec. 12. Minnesota Statutes 2012, section 151.34, is amended to read:
91.2151.34 PROHIBITED ACTS.
91.3It shall be unlawful to:
91.4(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated
91.5or misbranded;
91.6(2) adulterate or misbrand any drug;
91.7(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or
91.8proffer delivery thereof for pay or otherwise;
91.9(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to
91.10permit access to or copying of any record as authorized by this chapter;
91.11(5) remove or dispose of a detained or embargoed article in violation of this chapter;
91.12(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling
91.13of, or to do any other act with respect to a drug, if such act is done while such drug is held
91.14for sale and results in such drug being adulterated or misbranded;
91.15(7) use for a person's own advantage or to reveal other than to the board or its
91.16authorized representative or to the courts when required in any judicial proceeding under
91.17this chapter any information acquired under authority of this chapter concerning any
91.18method or process which that is a trade secret and entitled to protection;
91.19(8) use on the labeling of any drug any representation or suggestion that an
91.20application with respect to such drug is effective under the federal act or that such drug
91.21complies with such provisions;
91.22(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale
91.23within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed
91.24by applicable law to administer such drug who makes written request for information as to
91.25such drug, true and correct copies of all printed matter which that is required to be included
91.26in any package in which that drug is distributed or sold, or such other printed matter as is
91.27approved under the federal act. Nothing in this paragraph shall be construed to exempt
91.28any person from any labeling requirement imposed by or under provisions of this chapter;
91.29(10) conduct a pharmacy without a pharmacist in charge;
91.30(11) dispense a legend drug without first obtaining a valid prescription for that drug;
91.31(12) conduct a pharmacy without proper registration with the board;
91.32(13) practice pharmacy without being licensed to do so by the board; or
91.33(14) sell at retail federally restricted medical gases without proper registration with
91.34the board except as provided in this chapter.; or
91.35(15) sell any compound, substance, or derivative that is not approved for human
91.36consumption by the United States Food and Drug Administration or specifically permitted
92.1for human consumption under Minnesota law that, when introduced into the body, induces
92.2an effect similar to that of a Schedule I or Schedule II controlled substance listed in
92.3section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
92.4regardless of whether the substance is marketed for the purpose of human consumption.

92.5    Sec. 13. Minnesota Statutes 2012, section 151.35, is amended to read:
92.6151.35 DRUGS, ADULTERATION.
92.7A drug shall be deemed to be adulterated:
92.8(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or
92.9if it has been produced, prepared, packed, or held under unsanitary conditions whereby it
92.10may have been rendered injurious to health, or whereby it may have been contaminated
92.11with filth; or if the methods used in, or the facilities or controls used for, its manufacture,
92.12processing, packing, or holding do not conform to or are not operated or administered
92.13in conformity with current good manufacturing practice as required under the federal
92.14act to assure that such drug is safe and has the identity, strength, quality, and purity
92.15characteristics, which it purports or is represented to possess; or the facility in which it
92.16was produced was not registered by the United States Food and Drug Administration or
92.17licensed by the board; or, its container is composed, in whole or in part, of any poisonous
92.18or deleterious substance which may render the contents injurious to health; or it bears
92.19or contains, for purposes of coloring only, a color additive which is unsafe within the
92.20meaning of the federal act, or it is a color additive, the intended use of which in or on drugs
92.21is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
92.22(2) if it purports to be or is represented as a drug the name of which is recognized in
92.23the United States Pharmacopoeia or the National Formulary, and its strength differs from,
92.24or its quality or purity falls below, the standard set forth therein. Such determination as
92.25to strength, quality, or purity shall be made in accordance with the tests or methods of
92.26assay set forth in such compendium, or in the absence of or inadequacy of such tests or
92.27methods of assay, those prescribed under authority of the federal act. No drug defined
92.28in the United States Pharmacopoeia or the National Formulary shall be deemed to be
92.29adulterated under this paragraph because it differs from the standard of strength, quality,
92.30or purity therefor set forth in such compendium, if its difference in strength, quality, or
92.31purity from such standard is plainly stated on its label;
92.32(3) if it is not subject to the provisions of paragraph (2) of this section and its
92.33strength differs from, or its purity or quality differs from that which it purports or is
92.34represented to possess;
93.1(4) if any substance has been mixed or packed therewith so as to reduce its quality or
93.2strength, or substituted wholly or in part therefor.

93.3    Sec. 14. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
93.4    Subd. 2. After January 1, 1983. (a) No legend drug in solid oral dosage form
93.5may be manufactured, packaged or distributed for sale in this state after January 1, 1983
93.6unless it is clearly marked or imprinted with a symbol, number, company name, words,
93.7letters, national drug code or other mark uniquely identifiable to that drug product. An
93.8identifying mark or imprint made as required by federal law or by the federal Food and
93.9Drug Administration shall be deemed to be in compliance with this section.
93.10(b) The Board of Pharmacy may grant exemptions from the requirements of this
93.11section on its own initiative or upon application of a manufacturer, packager, or distributor
93.12indicating size or other characteristics which that render the product impractical for the
93.13imprinting required by this section.
93.14(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
93.15(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
93.16January 1, 1983, and held in stock for resale.
93.17(2) Drugs which are manufactured by or upon the order of a practitioner licensed by
93.18law to prescribe or administer drugs and which are to be used solely by the patient for
93.19whom prescribed.

93.20    Sec. 15. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
93.2143, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
93.2210, section 5, is amended to read:
93.23151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
93.24    Subdivision 1. Prohibition. Except as otherwise provided in this chapter, it shall be
93.25unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
93.26distribute a legend drug.
93.27    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
93.28professional practice only, may prescribe, administer, and dispense a legend drug, and
93.29may cause the same to be administered by a nurse, a physician assistant, or medical
93.30student or resident under the practitioner's direction and supervision, and may cause a
93.31person who is an appropriately certified, registered, or licensed health care professional
93.32to prescribe, dispense, and administer the same within the expressed legal scope of the
93.33person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
93.34legend drug, without reference to a specific patient, by directing a licensed dietitian or
94.1licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
94.2subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
94.3according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
94.4protocol when treating patients whose condition falls within such guideline or protocol,
94.5and when such guideline or protocol specifies the circumstances under which the legend
94.6drug is to be prescribed and administered. An individual who verbally, electronically, or
94.7otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
94.8not be deemed to have prescribed the legend drug. This paragraph applies to a physician
94.9assistant only if the physician assistant meets the requirements of section 147A.18.
94.10(b) The commissioner of health, if a licensed practitioner, or a person designated
94.11by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
94.12individual or by protocol for mass dispensing purposes where the commissioner finds that
94.13the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
94.14The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
94.15prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
94.16to control tuberculosis and other communicable diseases. The commissioner may modify
94.17state drug labeling requirements, and medical screening criteria and documentation, where
94.18time is critical and limited labeling and screening are most likely to ensure legend drugs
94.19reach the maximum number of persons in a timely fashion so as to reduce morbidity
94.20and mortality.
94.21    (c) A licensed practitioner that dispenses for profit a legend drug that is to be
94.22administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
94.23file with the practitioner's licensing board a statement indicating that the practitioner
94.24dispenses legend drugs for profit, the general circumstances under which the practitioner
94.25dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
94.26dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
94.27with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
94.28any amount received by the practitioner in excess of the acquisition cost of a legend drug
94.29for legend drugs that are purchased in prepackaged form, or (2) any amount received
94.30by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
94.31making the drug available if the legend drug requires compounding, packaging, or other
94.32treatment. The statement filed under this paragraph is public data under section 13.03.
94.33This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
94.34pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
94.35dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
95.1To dispense for profit does not include dispensing by a community health clinic when the
95.2profit from dispensing is used to meet operating expenses.
95.3    (d) A prescription or drug order for the following drugs is not valid, unless it can
95.4be established that the prescription or drug order was based on a documented patient
95.5evaluation, including an examination, adequate to establish a diagnosis and identify
95.6underlying conditions and contraindications to treatment:
95.7    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
95.8    (2) drugs defined by the Board of Pharmacy as controlled substances under section
95.9152.02, subdivisions 7 , 8, and 12;
95.10    (3) muscle relaxants;
95.11    (4) centrally acting analgesics with opioid activity;
95.12    (5) drugs containing butalbital; or
95.13    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
95.14    (e) For the purposes of paragraph (d), the requirement for an examination shall be
95.15met if an in-person examination has been completed in any of the following circumstances:
95.16    (1) the prescribing practitioner examines the patient at the time the prescription
95.17or drug order is issued;
95.18    (2) the prescribing practitioner has performed a prior examination of the patient;
95.19    (3) another prescribing practitioner practicing within the same group or clinic as the
95.20prescribing practitioner has examined the patient;
95.21    (4) a consulting practitioner to whom the prescribing practitioner has referred the
95.22patient has examined the patient; or
95.23    (5) the referring practitioner has performed an examination in the case of a
95.24consultant practitioner issuing a prescription or drug order when providing services by
95.25means of telemedicine.
95.26    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
95.27a drug through the use of a guideline or protocol pursuant to paragraph (a).
95.28    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a
95.29prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
95.30in the Management of Sexually Transmitted Diseases guidance document issued by the
95.31United States Centers for Disease Control.
95.32    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
95.33of legend drugs through a public health clinic or other distribution mechanism approved
95.34by the commissioner of health or a board of health in order to prevent, mitigate, or treat
95.35a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
95.36biological, chemical, or radiological agent.
96.1    (i) No pharmacist employed by, under contract to, or working for a pharmacy
96.2licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
96.3prescription that the pharmacist knows, or would reasonably be expected to know, is not
96.4valid under paragraph (d).
96.5    (j) No pharmacist employed by, under contract to, or working for a pharmacy
96.6licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
96.7of this state based on a prescription that the pharmacist knows, or would reasonably be
96.8expected to know, is not valid under paragraph (d).
96.9(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
96.10practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
96.11a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
96.12treatment of a communicable disease according to the Centers For Disease Control and
96.13Prevention Partner Services Guidelines.
96.14    Subd. 2a. Delegation. A supervising physician may delegate to a physician assistant
96.15who is registered with the Board of Medical Practice and certified by the National
96.16Commission on Certification of Physician Assistants and who is under the supervising
96.17physician's supervision, the authority to prescribe, dispense, and administer legend drugs
96.18and medical devices, subject to the requirements in chapter 147A and other requirements
96.19established by the Board of Medical Practice in rules.
96.20    Subd. 3. Veterinarians. A licensed doctor of veterinary medicine, in the course of
96.21professional practice only and not for use by a human being, may personally prescribe,
96.22administer, and dispense a legend drug, and may cause the same to be administered or
96.23dispensed by an assistant under the doctor's direction and supervision.
96.24    Subd. 4. Research. (a) Any qualified person may use legend drugs in the course
96.25of a bona fide research project, but cannot administer or dispense such drugs to human
96.26beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
96.27authorized to do so.
96.28    (b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
96.29use by, or administration to, patients enrolled in a bona fide research study that is being
96.30conducted pursuant to either an investigational new drug application approved by the
96.31United States Food and Drug Administration or that has been approved by an institutional
96.32review board. For the purposes of this subdivision only:
96.33    (1) a prescription drug order is not required for a pharmacy to dispense a research
96.34drug, unless the study protocol requires the pharmacy to receive such an order;
97.1    (2) notwithstanding the prescription labeling requirements found in this chapter or
97.2the rules promulgated by the board, a research drug may be labeled as required by the
97.3study protocol; and
97.4    (3) dispensing and distribution of research drugs by pharmacies shall not be
97.5considered compounding, manufacturing, or wholesaling under this chapter.; and
97.6(4) a pharmacy may compound drugs for research studies as provided in
97.7this subdivision but must follow applicable standards established by United States
97.8Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
97.9    (c) An entity that is under contract to a federal agency for the purpose of distributing
97.10drugs for bona fide research studies is exempt from the drug wholesaler licensing
97.11requirements of this chapter. Any other entity is exempt from the drug wholesaler
97.12licensing requirements of this chapter if the board finds that the entity is licensed or
97.13registered according to the laws of the state in which it is physically located and it is
97.14distributing drugs for use by, or administration to, patients enrolled in a bona fide research
97.15study that is being conducted pursuant to either an investigational new drug application
97.16approved by the United States Food and Drug Administration or that has been approved
97.17by an institutional review board.
97.18    Subd. 5. Exclusion for course of practice. Nothing in this chapter shall prohibit
97.19the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
97.20manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
97.21bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
97.22practitioners while acting within the course of their practice only.
97.23    Subd. 6. Exclusion for course of employment. (a) Nothing in this chapter shall
97.24prohibit the possession of a legend drug by an employee, agent, or sales representative of
97.25a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
97.26or registered pharmacy, while acting in the course of employment.
97.27(b) Nothing in this chapter shall prohibit the following entities from possessing a
97.28legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
97.29(1) a law enforcement officer;
97.30(2) a hazardous waste transporter licensed by the Department of Transportation;
97.31(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
97.32hazardous waste, including household hazardous waste;
97.33(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
97.34very small quantity generator collection program or a minimal generator;
98.1(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
98.2a program in compliance with applicable federal law or a person authorized by the county
98.3to conduct one or more of these activities; or
98.4(6) a sanitary district organized under chapter 115, or a special law.
98.5    Subd. 7. Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the
98.6possession of a legend drug by a person for that person's use when it has been dispensed to
98.7the person in accordance with a valid prescription issued by a practitioner.
98.8(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
98.9been dispensed in accordance with a written or oral prescription by a practitioner, from
98.10designating a family member, caregiver, or other individual to handle the legend drug for
98.11the purpose of assisting the person in obtaining or administering the drug or sending
98.12the drug for destruction.
98.13(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
98.14been dispensed in accordance with a valid prescription issued by a practitioner from
98.15transferring the legend drug to a county that collects, stores, transports, or disposes of a
98.16legend drug pursuant to a program in compliance with applicable federal law or to a
98.17person authorized by the county to conduct one or more of these activities.
98.18    Subd. 8. Misrepresentation. It is unlawful for a person to procure, attempt to
98.19procure, possess, or control a legend drug by any of the following means:
98.20(1) deceit, misrepresentation, or subterfuge;
98.21(2) using a false name; or
98.22(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
98.23wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
98.24obtaining a legend drug.
98.25    Subd. 9. Exclusion for course of laboratory employment. Nothing in this chapter
98.26shall prohibit the possession of a legend drug by an employee or agent of a registered
98.27analytical laboratory while acting in the course of laboratory employment.
98.28    Subd. 10. Purchase of drugs and other agents by commissioner of health. The
98.29commissioner of health, in preparation for and in carrying out the duties of sections
98.30144.05 , 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis
98.31drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
98.32antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
98.33communicable disease.
98.34    Subd. 10a. Emergency use authorizations. Nothing in this chapter shall prohibit
98.35the purchase, possession, or use of a legend drug by an entity acting according to an
98.36emergency use authorization issued by the United States Food and Drug Administration
99.1pursuant to United States Code, title 21, section 360.bbb-3. The entity must be specifically
99.2tasked in a public health response plan to perform critical functions necessary to support
99.3the response to a public health incident or event.
99.4    Subd. 11. Complaint reporting Exclusion for health care educational programs.
99.5The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
99.6complaints received regarding the prescription or administration of legend drugs under
99.7section 148.576. Nothing in this section shall prohibit an accredited public or private
99.8postsecondary school from possessing a legend drug that is not a controlled substance
99.9listed in section 152.02, provided that:
99.10(a) the school is approved by the United States secretary of education in accordance
99.11with requirements of the Higher Education Act of 1965, as amended;
99.12(b) the school provides a course of instruction that prepares individuals for
99.13employment in a health care occupation or profession;
99.14(c) the school may only possess those drugs necessary for the instruction of such
99.15individuals; and
99.16(d) the drugs may only be used in the course of providing such instruction and are
99.17labeled by the purchaser to indicate that they are not to be administered to patients.
99.18Those areas of the school in which legend drugs are stored are subject to section
99.19151.06, subdivision 1, paragraph (a), clause (4).

99.20    Sec. 16. Minnesota Statutes 2012, section 151.44, is amended to read:
99.21151.44 DEFINITIONS.
99.22As used in sections 151.43 to 151.51, the following terms have the meanings given
99.23in paragraphs (a) to (h):
99.24(a) "Wholesale drug distribution" means distribution of prescription or
99.25nonprescription drugs to persons other than a consumer or patient or reverse distribution
99.26of such drugs, but does not include:
99.27(1) a sale between a division, subsidiary, parent, affiliated, or related company under
99.28the common ownership and control of a corporate entity;
99.29(2) the purchase or other acquisition, by a hospital or other health care entity that is a
99.30member of a group purchasing organization, of a drug for its own use from the organization
99.31or from other hospitals or health care entities that are members of such organizations;
99.32(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
99.33drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
99.34Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
99.35organization to the extent otherwise permitted by law;
100.1(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
100.2among hospitals or other health care entities that are under common control;
100.3(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
100.4for emergency medical reasons;
100.5(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
100.6the dispensing of a drug pursuant to a prescription;
100.7(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
100.8another retail pharmacy to alleviate a temporary shortage;
100.9(8) the distribution of prescription or nonprescription drug samples by manufacturers
100.10representatives; or
100.11(9) the sale, purchase, or trade of blood and blood components.
100.12(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
100.13distribution including, but not limited to, manufacturers; repackers repackagers; own-label
100.14distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
100.15warehouses, chain drug warehouses, and wholesale drug warehouses; independent
100.16wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
100.17wholesale drug distributor does not include a common carrier or individual hired primarily
100.18to transport prescription or nonprescription drugs.
100.19(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
100.20propagating, compounding, processing, packaging, repackaging, or labeling of a
100.21prescription drug has the meaning provided in section 151.01, subdivision 14b.
100.22(d) "Prescription drug" means a drug required by federal or state law or regulation
100.23to be dispensed only by a prescription, including finished dosage forms and active
100.24ingredients subject to United States Code, title 21, sections 811 and 812.
100.25(e) "Blood" means whole blood collected from a single donor and processed either
100.26for transfusion or further manufacturing.
100.27(f) "Blood components" means that part of blood separated by physical or
100.28mechanical means.
100.29(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
100.30received from or shipped to Minnesota locations for the purpose of returning the drugs
100.31to their producers or distributors.
100.32(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

100.33    Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
100.34    Subd. 2. Definitions. For purposes of this section only, the terms defined in this
100.35subdivision have the meanings given.
101.1(a) "Automated drug distribution system" or "system" means a mechanical system
101.2approved by the board that performs operations or activities, other than compounding or
101.3administration, related to the storage, packaging, or dispensing of drugs, and collects,
101.4controls, and maintains all required transaction information and records.
101.5(b) "Health care facility" means a nursing home licensed under section 144A.02;
101.6a housing with services establishment registered under section 144D.01, subdivision 4,
101.7in which a home provider licensed under chapter 144A is providing centralized storage
101.8of medications; or a community behavioral health hospital or Minnesota sex offender
101.9program facility operated by the Department of Human Services.
101.10(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and
101.11is responsible for the operation of an automated drug distribution system.

101.12    Sec. 18. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
101.13    Subd. 3. Authorization. A pharmacy may use an automated drug distribution
101.14system to fill prescription drug orders for patients of a health care facility provided that the
101.15policies and procedures required by this section have been approved by the board. The
101.16automated drug distribution system may be located in a health care facility that is not at
101.17the same location as the managing pharmacy. When located within a health care facility,
101.18the system is considered to be an extension of the managing pharmacy.

101.19    Sec. 19. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
101.20    Subd. 5. Operation of automated drug distribution systems. (a) The managing
101.21pharmacy and the pharmacist in charge are responsible for the operation of an automated
101.22drug distribution system.
101.23(b) Access to an automated drug distribution system must be limited to pharmacy
101.24and nonpharmacy personnel authorized to procure drugs from the system, except that field
101.25service technicians may access a system located in a health care facility for the purposes of
101.26servicing and maintaining it while being monitored either by the managing pharmacy, or a
101.27licensed nurse within the health care facility. In the case of an automated drug distribution
101.28system that is not physically located within a licensed pharmacy, access for the purpose
101.29of procuring drugs shall be limited to licensed nurses. Each person authorized to access
101.30the system must be assigned an individual specific access code. Alternatively, access to
101.31the system may be controlled through the use of biometric identification procedures. A
101.32policy specifying time access parameters, including time-outs, logoffs, and lockouts,
101.33must be in place.
102.1(c) For the purposes of this section only, the requirements of section 151.215 are met
102.2if the following clauses are met:
102.3(1) a pharmacist employed by and working at the managing pharmacy, or at a
102.4pharmacy that is acting as a central services pharmacy for the managing pharmacy,
102.5pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all
102.6prescription drug orders before any drug is distributed from the system to be administered
102.7to a patient. A pharmacy technician may perform data entry of prescription drug orders
102.8provided that a pharmacist certifies the accuracy of the data entry before the drug can
102.9be released from the automated drug distribution system. A pharmacist employed by
102.10and working at the managing pharmacy must certify the accuracy of the filling of any
102.11cassettes, canisters, or other containers that contain drugs that will be loaded into the
102.12automated drug distribution system; and
102.13(2) when the automated drug dispensing system is located and used within the
102.14managing pharmacy, a pharmacist must personally supervise and take responsibility for all
102.15packaging and labeling associated with the use of an automated drug distribution system.
102.16(d) Access to drugs when a pharmacist has not reviewed and approved the
102.17prescription drug order is permitted only when a formal and written decision to allow such
102.18access is issued by the pharmacy and the therapeutics committee or its equivalent. The
102.19committee must specify the patient care circumstances in which such access is allowed,
102.20the drugs that can be accessed, and the staff that are allowed to access the drugs.
102.21(e) In the case of an automated drug distribution system that does not utilize bar
102.22coding in the loading process, the loading of a system located in a health care facility may
102.23be performed by a pharmacy technician, so long as the activity is continuously supervised,
102.24through a two-way audiovisual system by a pharmacist on duty within the managing
102.25pharmacy. In the case of an automated drug distribution system that utilizes bar coding
102.26in the loading process, the loading of a system located in a health care facility may be
102.27performed by a pharmacy technician or a licensed nurse, provided that the managing
102.28pharmacy retains an electronic record of loading activities.
102.29(f) The automated drug distribution system must be under the supervision of a
102.30pharmacist. The pharmacist is not required to be physically present at the site of the
102.31automated drug distribution system if the system is continuously monitored electronically
102.32by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
102.33board must be continuously available to address any problems detected by the monitoring
102.34or to answer questions from the staff of the health care facility. The licensed pharmacy
102.35may be the managing pharmacy or a pharmacy which is acting as a central services
102.36pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

103.1    Sec. 20. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is
103.2amended to read:
103.3    Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this
103.4subdivision.
103.5(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
103.6the following substances, including their analogs, isomers, esters, ethers, salts, and salts
103.7of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
103.8ethers, and salts is possible:
103.9(1) acetylmethadol;
103.10(2) allylprodine;
103.11(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
103.12levomethadyl acetate);
103.13(4) alphameprodine;
103.14(5) alphamethadol;
103.15(6) alpha-methylfentanyl benzethidine;
103.16(7) betacetylmethadol;
103.17(8) betameprodine;
103.18(9) betamethadol;
103.19(10) betaprodine;
103.20(11) clonitazene;
103.21(12) dextromoramide;
103.22(13) diampromide;
103.23(14) diethyliambutene;
103.24(15) difenoxin;
103.25(16) dimenoxadol;
103.26(17) dimepheptanol;
103.27(18) dimethyliambutene;
103.28(19) dioxaphetyl butyrate;
103.29(20) dipipanone;
103.30(21) ethylmethylthiambutene;
103.31(22) etonitazene;
103.32(23) etoxeridine;
103.33(24) furethidine;
103.34(25) hydroxypethidine;
103.35(26) ketobemidone;
103.36(27) levomoramide;
104.1(28) levophenacylmorphan;
104.2(29) 3-methylfentanyl;
104.3(30) acetyl-alpha-methylfentanyl;
104.4(31) alpha-methylthiofentanyl;
104.5(32) benzylfentanyl beta-hydroxyfentanyl;
104.6(33) beta-hydroxy-3-methylfentanyl;
104.7(34) 3-methylthiofentanyl;
104.8(35) thenylfentanyl;
104.9(36) thiofentanyl;
104.10(37) para-fluorofentanyl;
104.11(38) morpheridine;
104.12(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
104.13(40) noracymethadol;
104.14(41) norlevorphanol;
104.15(42) normethadone;
104.16(43) norpipanone;
104.17(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
104.18(45) phenadoxone;
104.19(46) phenampromide;
104.20(47) phenomorphan;
104.21(48) phenoperidine;
104.22(49) piritramide;
104.23(50) proheptazine;
104.24(51) properidine;
104.25(52) propiram;
104.26(53) racemoramide;
104.27(54) tilidine;
104.28(55) trimeperidine.
104.29(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
104.30(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
104.31and salts of isomers, unless specifically excepted or unless listed in another schedule,
104.32whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
104.33(1) acetorphine;
104.34(2) acetyldihydrocodeine;
104.35(3) benzylmorphine;
104.36(4) codeine methylbromide;
105.1(5) codeine-n-oxide;
105.2(6) cyprenorphine;
105.3(7) desomorphine;
105.4(8) dihydromorphine;
105.5(9) drotebanol;
105.6(10) etorphine;
105.7(11) heroin;
105.8(12) hydromorphinol;
105.9(13) methyldesorphine;
105.10(14) methyldihydromorphine;
105.11(15) morphine methylbromide;
105.12(16) morphine methylsulfonate;
105.13(17) morphine-n-oxide;
105.14(18) myrophine;
105.15(19) nicocodeine;
105.16(20) nicomorphine;
105.17(21) normorphine;
105.18(22) pholcodine;
105.19(23) thebacon.
105.20(d) Hallucinogens. Any material, compound, mixture or preparation which contains
105.21any quantity of the following substances, their analogs, salts, isomers (whether optical,
105.22positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
105.23in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
105.24isomers is possible:
105.25(1) methylenedioxy amphetamine;
105.26(2) methylenedioxymethamphetamine;
105.27(3) methylenedioxy-N-ethylamphetamine (MDEA);
105.28(4) n-hydroxy-methylenedioxyamphetamine;
105.29(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
105.30(6) 2,5-dimethoxyamphetamine (2,5-DMA);
105.31(7) 4-methoxyamphetamine;
105.32(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
105.33(9) alpha-ethyltryptamine;
105.34(10) bufotenine;
105.35(11) diethyltryptamine;
105.36(12) dimethyltryptamine;
106.1(13) 3,4,5-trimethoxy amphetamine;
106.2(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
106.3(15) ibogaine;
106.4(16) lysergic acid diethylamide (LSD);
106.5(17) mescaline;
106.6(18) parahexyl;
106.7(19) N-ethyl-3-piperidyl benzilate;
106.8(20) N-methyl-3-piperidyl benzilate;
106.9(21) psilocybin;
106.10(22) psilocyn;
106.11(23) tenocyclidine (TPCP or TCP);
106.12(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
106.13(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
106.14(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
106.15(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
106.16(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
106.17(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
106.18(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
106.19(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
106.20(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
106.21(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
106.22(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
106.23(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
106.24(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
106.25(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
106.26(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
106.27(2-CB-FLY);
106.28(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
106.29(40) alpha-methyltryptamine (AMT);
106.30(41) N,N-diisopropyltryptamine (DiPT);
106.31(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
106.32(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
106.33(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
106.34(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
106.35(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
106.36(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
107.1(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
107.2(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
107.3(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
107.4(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
107.5(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
107.6(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
107.7(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
107.8(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
107.9(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
107.10(57) methoxetamine (MXE);
107.11(58) 5-iodo-2-aminoindane (5-IAI);
107.12(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
107.13(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
107.14(25I-NBOMe).
107.15(e) Peyote. All parts of the plant presently classified botanically as Lophophora
107.16williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
107.17of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
107.18of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
107.19Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
107.20of the American Indian Church, and members of the American Indian Church are exempt
107.21from registration. Any person who manufactures peyote for or distributes peyote to the
107.22American Indian Church, however, is required to obtain federal registration annually and
107.23to comply with all other requirements of law.
107.24(f) Central nervous system depressants. Unless specifically excepted or unless listed
107.25in another schedule, any material compound, mixture, or preparation which contains any
107.26quantity of the following substances, their analogs, salts, isomers, and salts of isomers
107.27whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
107.28(1) mecloqualone;
107.29(2) methaqualone;
107.30(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
107.31(4) flunitrazepam.
107.32(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
107.33material compound, mixture, or preparation which contains any quantity of the following
107.34substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
107.35the analogs, salts, isomers, and salts of isomers is possible:
107.36    (1) aminorex;
108.1(2) cathinone;
108.2(3) fenethylline;
108.3    (4) methcathinone;
108.4(5) methylaminorex;
108.5(6) N,N-dimethylamphetamine;
108.6(7) N-benzylpiperazine (BZP);
108.7(8) methylmethcathinone (mephedrone);
108.8(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
108.9(10) methoxymethcathinone (methedrone);
108.10(11) methylenedioxypyrovalerone (MDPV);
108.11(12) fluoromethcathinone;
108.12(13) methylethcathinone (MEC);
108.13(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
108.14(15) dimethylmethcathinone (DMMC);
108.15(16) fluoroamphetamine;
108.16(17) fluoromethamphetamine;
108.17(18) α-methylaminobutyrophenone (MABP or buphedrone);
108.18(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
108.19(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
108.20(21) naphthylpyrovalerone (naphyrone); and
108.21(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or
108.22alpha-pyrrolidinovalerophenone);
108.23(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
108.24MPHP); and
108.25(22) (24) any other substance, except bupropion or compounds listed under a
108.26different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
108.27at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
108.28the compound is further modified in any of the following ways:
108.29(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
108.30haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
108.31system by one or more other univalent substituents;
108.32(ii) by substitution at the 3-position with an acyclic alkyl substituent;
108.33(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
108.34methoxybenzyl groups; or
108.35(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
109.1(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
109.2specifically excepted or unless listed in another schedule, any natural or synthetic material,
109.3compound, mixture, or preparation that contains any quantity of the following substances,
109.4their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
109.5whenever the existence of the isomers, esters, ethers, or salts is possible:
109.6(1) marijuana;
109.7(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
109.8synthetic equivalents of the substances contained in the cannabis plant or in the
109.9resinous extractives of the plant, or synthetic substances with similar chemical structure
109.10and pharmacological activity to those substances contained in the plant or resinous
109.11extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
109.12tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
109.13(3) synthetic cannabinoids, including the following substances:
109.14(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
109.15structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
109.16alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
109.172-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
109.18extent and whether or not substituted in the naphthyl ring to any extent. Examples of
109.19naphthoylindoles include, but are not limited to:
109.20(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
109.21(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
109.22(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
109.23(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
109.24(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
109.25(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
109.26(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
109.27(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
109.28(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
109.29(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
109.30(ii) Napthylmethylindoles, which are any compounds containing a
109.311H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
109.32of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
109.331-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
109.34substituted in the indole ring to any extent and whether or not substituted in the naphthyl
109.35ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
109.36(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
110.1(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
110.2(iii) Naphthoylpyrroles, which are any compounds containing a
110.33-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
110.4pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
110.51-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
110.6further substituted in the pyrrole ring to any extent, whether or not substituted in the
110.7naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
110.8(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
110.9(iv) Naphthylmethylindenes, which are any compounds containing a
110.10naphthylideneindene structure with substitution at the 3-position of the indene
110.11ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
110.121-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
110.13substituted in the indene ring to any extent, whether or not substituted in the naphthyl
110.14ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
110.15E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
110.16(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
110.17structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
110.18alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
110.192-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
110.20any extent, whether or not substituted in the phenyl ring to any extent. Examples of
110.21phenylacetylindoles include, but are not limited to:
110.22(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
110.23(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
110.24(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
110.25(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
110.26(vi) Cyclohexylphenols, which are compounds containing a
110.272-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
110.28of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
110.291-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
110.30substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
110.31but are not limited to:
110.32(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
110.33(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
110.34(Cannabicyclohexanol or CP 47,497 C8 homologue);
110.35(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
110.36-phenol (CP 55,940).
111.1(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
111.2structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
111.3alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
111.42-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
111.5any extent and whether or not substituted in the phenyl ring to any extent. Examples of
111.6benzoylindoles include, but are not limited to:
111.7(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
111.8(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
111.9(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
111.10(WIN 48,098 or Pravadoline).
111.11(viii) Others specifically named:
111.12(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
111.13-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
111.14(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
111.15-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
111.16(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
111.17-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
111.18(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
111.19(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
111.20(XLR-11);
111.21(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
111.22(AKB-48(APINACA));
111.23(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
111.24(5-Fluoro-AKB-48);
111.25(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
111.26(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
111.27PB-22).;
111.28(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-
111.293-carboxamide (AB-PINACA);
111.30(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
111.311H-indazole-3-carboxamide (AB-FUBINACA).
111.32(i) A controlled substance analog, to the extent that it is implicitly or explicitly
111.33intended for human consumption.

112.1ARTICLE 6
112.2HEALTH DEPARTMENT AND PUBLIC HEALTH

112.3    Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
112.4    Subd. 5. Electronic drug prior authorization standardization and transmission.
112.5    (a) The commissioner of health, in consultation with the Minnesota e-Health Advisory
112.6Committee and the Minnesota Administrative Uniformity Committee, shall, by February
112.715, 2010, identify an outline on how best to standardize drug prior authorization request
112.8transactions between providers and group purchasers with the goal of maximizing
112.9administrative simplification and efficiency in preparation for electronic transmissions.
112.10    (b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall
112.11develop the standard companion guide by which providers and group purchasers will
112.12exchange standard drug authorization requests using electronic data interchange standards,
112.13if available, with the goal of alignment with standards that are or will potentially be used
112.14nationally.
112.15(c) No later than January 1, 2015 2017, drug prior authorization requests must be
112.16accessible and submitted by health care providers, and accepted by group purchasers,
112.17electronically through secure electronic transmissions. Facsimile shall not be considered
112.18electronic transmission.

112.19    Sec. 2. Minnesota Statutes 2012, section 62U.04, subdivision 4, is amended to read:
112.20    Subd. 4. Encounter data. (a) Beginning July 1, 2009, and every six months
112.21thereafter, all health plan companies and third-party administrators shall submit encounter
112.22data to a private entity designated by the commissioner of health. The data shall be
112.23submitted in a form and manner specified by the commissioner subject to the following
112.24requirements:
112.25    (1) the data must be de-identified data as described under the Code of Federal
112.26Regulations, title 45, section 164.514;
112.27    (2) the data for each encounter must include an identifier for the patient's health care
112.28home if the patient has selected a health care home; and
112.29    (3) except for the identifier described in clause (2), the data must not include
112.30information that is not included in a health care claim or equivalent encounter information
112.31transaction that is required under section 62J.536.
112.32    (b) The commissioner or the commissioner's designee shall only use the data
112.33submitted under paragraph (a) to carry out its responsibilities in this section, including
112.34supplying the data to providers so they can verify their results of the peer grouping process
113.1consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d),
113.2and adopted by the commissioner and, if necessary, submit comments to the commissioner
113.3or initiate an appeal.
113.4    (c) Data on providers collected under this subdivision are private data on individuals
113.5or nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary
113.6data in section 13.02, subdivision 19, summary data prepared under this subdivision
113.7may be derived from nonpublic data. The commissioner or the commissioner's designee
113.8shall establish procedures and safeguards to protect the integrity and confidentiality of
113.9any data that it maintains.
113.10    (d) The commissioner or the commissioner's designee shall not publish analyses or
113.11reports that identify, or could potentially identify, individual patients.
113.12(e) The commissioner shall compile summary information on the data submitted
113.13under this subdivision. The commissioner shall work with its vendors to assess the
113.14data submitted in terms of compliance with the data submission requirements and the
113.15completeness of the data submitted by comparing the data with summary information
113.16compiled by the commissioner and with established and emerging data quality standards
113.17to ensure data quality.

113.18    Sec. 3. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
113.19to read:
113.20    Subd. 10. Suspension. Notwithstanding subdivisions 3, 3a, 3b, 3c, and 3d, the
113.21commissioner shall suspend the development and implementation of the provider peer
113.22grouping system required under this section. This suspension shall continue until the
113.23legislature authorizes the commissioner to resume this activity.

113.24    Sec. 4. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
113.25to read:
113.26    Subd. 11. Restricted uses of the all-payer claims data. (a) Notwithstanding
113.27subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the
113.28commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for
113.29the following purposes:
113.30(1) to evaluate the performance of the health care home program as authorized under
113.31sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;
113.32(2) to study, in collaboration with the reducing avoidable readmissions effectively
113.33(RARE) campaign, hospital readmission trends and rates;
114.1(3) to analyze variations in health care costs, quality, utilization, and illness burden
114.2based on geographical areas or populations; and
114.3(4) to evaluate the state innovation model (SIM) testing grant received by the
114.4Departments of Health and Human Services, including the analysis of health care cost,
114.5quality, and utilization baseline and trend information for targeted populations and
114.6communities.
114.7(b) The commissioner may publish the results of the authorized uses identified
114.8in paragraph (a) so long as the data released publicly do not contain information or
114.9descriptions in which the identity of individual hospitals, clinics, or other providers may
114.10be discerned.
114.11(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
114.12using the data collected under subdivision 4 to complete the state-based risk adjustment
114.13system assessment due to the legislature on October 1, 2015.
114.14(d) The commissioner or the commissioner's designee may use the data submitted
114.15under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until
114.16July 1, 2016.

114.17    Sec. 5. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
114.18to read:
114.19    Subd. 12. All-payer claims database work group. (a) The commissioner of
114.20health shall convene a work group to develop a framework for the expanded use of the
114.21all-payer claims database established under this section. The work group shall develop
114.22recommendations based on the following questions and other topics as identified by the
114.23work group:
114.24(1) what should the parameters be for allowable uses of the all-payer claims data
114.25collected under Minnesota Statutes, section 62U.04, beyond the uses authorized in
114.26Minnesota Statutes, section 62U.04, subdivision 11;
114.27(2) what type of advisory or governing body should guide the release of data from
114.28the all-payer claims database;
114.29(3) what type of funding or fee structure would be needed to support the expanded
114.30use of all-payer claims data;
114.31(4) what should the mechanisms be by which the data would be released or accessed,
114.32including the necessary information technology infrastructure to support the expanded use
114.33of the data under different assumptions related to the number of potential requests and
114.34manner of access;
115.1(5) what are the appropriate privacy and security protections needed for the
115.2expanded use of the all-payer claims database; and
115.3(6) what additional resources might be needed to support the expanded use of the
115.4all-payer claims database, including expected resources related to information technology
115.5infrastructure, review of proposals, maintenance of data use agreements, staffing an
115.6advisory body, or other new efforts.
115.7(b) The commissioner of health shall appoint the members to the work group
115.8as follows:
115.9(1) two members recommended by the Minnesota Medical Association;
115.10(2) two members recommended by the Minnesota Hospital Association;
115.11(3) two members recommended by the Minnesota Council of Health Plans;
115.12(4) one member who is a data practices expert from the Department of Administration;
115.13(5) three members who are academic researchers with expertise in claims database
115.14analysis;
115.15(6) two members representing two state agencies determined by the commissioner;
115.16(7) one member representing the Minnesota Health Care Safety Net Coalition; and
115.17(8) three members representing consumers.
115.18(c) The commissioner of health shall submit a report on the recommendations of
115.19the work group to the chairs and ranking minority members of the legislative committees
115.20and divisions with jurisdiction over health and human services, judiciary, and civil law
115.21by February 1, 2015. In considering the recommendations provided in the report, the
115.22legislature may consider whether the currently authorized uses of the all-payer claims data
115.23under this section should continue to be authorized.
115.24EFFECTIVE DATE.This section is effective the day following final enactment.

115.25    Sec. 6. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
115.26amended to read:
115.27    Subd. 2. Accreditation required. (a)(1) Except as otherwise provided in paragraph
115.28 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement
115.29from any source, including, but not limited to, the individual receiving such services
115.30and any individual or group insurance contract, plan, or policy delivered in this state,
115.31including, but not limited to, private health insurance plans, workers' compensation
115.32insurance, motor vehicle insurance, the State Employee Group Insurance Program
115.33(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
115.34which the service has been conducted and processed is licensed pursuant to sections
115.35144.50 to 144.56 or accredited by one of the following entities:
116.1(i) American College of Radiology (ACR);
116.2(ii) Intersocietal Accreditation Commission (IAC);
116.3(iii) the Joint Commission; or
116.4(iv) other relevant accreditation organization designated by the Secretary of the
116.5United States Department of Health and Human Services pursuant to United States Code,
116.6title 42, section 1395M.
116.7(2) All accreditation standards recognized under this section must include, but are
116.8not limited to:
116.9(i) provisions establishing qualifications of the physician;
116.10(ii) standards for quality control and routine performance monitoring by a medical
116.11physicist;
116.12(iii) qualifications of the technologist, including minimum standards of supervised
116.13clinical experience;
116.14(iv) guidelines for personnel and patient safety; and
116.15(v) standards for initial and ongoing quality control using clinical image review
116.16and quantitative testing.
116.17(b) Any facility that performs advanced diagnostic imaging services and is eligible
116.18to receive reimbursement for such services from any source in paragraph (a), clause (1),
116.19must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to
116.20paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
116.21imaging services in the state must obtain licensure or accreditation prior to commencing
116.22operations and must, at all times, maintain either licensure pursuant to sections 144.50 to
116.23144.56 or accreditation with an accrediting organization as provided in paragraph (a).
116.24(c) Dental clinics or offices that perform diagnostic imaging through dental cone
116.25beam computerized tomography do not need to meet the accreditation or reporting
116.26requirements in this section.
116.27EFFECTIVE DATE.This section is effective the day following final enactment.

116.28    Sec. 7. Minnesota Statutes 2012, section 144.125, subdivision 3, is amended to read:
116.29    Subd. 3. Information provided to parents and legal guardians. (a) The
116.30department shall make information and forms available to childbirth education programs
116.31and health care providers who provide prenatal care describing the newborn screening
116.32program and the provisions of this section to be used in a discussion with expectant
116.33parents and parents of newborns. The department shall make information and forms about
116.34newborn screening available to the persons with a duty to perform testing under this
116.35section and to expectant parents and parents of newborns using electronic and other means.
117.1(b) Prior to collecting a sample, persons with a duty to perform testing under
117.2subdivision 1 must:
117.3(1) provide parents or legal guardians of infants with a document that provides
117.4the following information:
117.5(i) the benefits of newborn screening;
117.6(ii) that the blood sample will be used to test for heritable and congenital disorders,
117.7as determined under subdivision 2;
117.8(iii) the data that will be collected as part of the testing;
117.9(iv) the standard retention periods for blood samples and test results as provided in
117.10subdivision 6 the benefits associated with the department's storage of an infant's blood
117.11sample and test results;
117.12(v) that the Department of Health may store the blood samples and test results unless
117.13the parent or legal guardian elects to not have them stored;
117.14(v) (vi) that blood samples and test results will be used for program operations
117.15during the standard retention period in accordance with subdivision 5, unless the parents
117.16or legal guardians elect not to have the blood samples and test results stored;
117.17(vi) (vii) the Department of Health's Web site address where more information
117.18and forms may be obtained; and
117.19(vii) (viii) that parents or legal guardians have a right to elect not to have newborn
117.20screening performed and a right to secure private testing;
117.21(ix) that parents or legal guardians have a right to elect to have the newborn
117.22screening performed, but not have the blood samples and test results stored; and
117.23(x) that parents or legal guardians have a right to authorize in writing that the blood
117.24samples and test results may be used for public health studies or research; and
117.25(2) upon request, provide parents or legal guardians of infants with forms necessary
117.26to request that the infant not have blood collected for testing or to request to have the
117.27newborn screening performed, but not have the blood samples and test results stored; and
117.28(3) record in the infant's medical record that a parent or legal guardian of the
117.29infant has received the information provided pursuant to this subdivision and has had
117.30an opportunity to ask questions.
117.31(c) Nothing in this section prohibits a parent or legal guardian of an infant from
117.32having newborn screening performed by a private entity.
117.33EFFECTIVE DATE.This section is effective the day following final enactment.

117.34    Sec. 8. Minnesota Statutes 2012, section 144.125, subdivision 4, is amended to read:
118.1    Subd. 4. Parental options. (a) The parent or legal guardian of an infant otherwise
118.2subject to testing under this section may elect not to have newborn screening performed,
118.3or may elect to have newborn screening tests performed, but not to have the blood samples
118.4and test results stored.
118.5(b) If a parent or legal guardian elects not to have newborn screening performed or
118.6elects not to allow the blood samples and test results to be stored, then the election shall
118.7 must be recorded on a form that is signed by the parent or legal guardian. The signed form
118.8shall must be made part of the infant's medical record and a copy shall be provided to
118.9the Department of Health. When a parent or legal guardian elects not to have newborn
118.10screening performed, the person with the duty to perform testing under subdivision 1 must
118.11follow that election. A written election to decline testing exempts persons with a duty
118.12to perform testing and the Department of Health from the requirements of this section
118.13and section 144.128.
118.14EFFECTIVE DATE.This section is effective the day following final enactment.

118.15    Sec. 9. Minnesota Statutes 2012, section 144.125, subdivision 5, is amended to read:
118.16    Subd. 5. Newborn screening program operations. (a) "Newborn screening
118.17program operations" means actions, testing, and procedures directly related to the
118.18operation of the newborn screening program, limited to the following:
118.19(1) confirmatory testing;
118.20(2) laboratory quality control assurance and improvement;
118.21(3) calibration of equipment;
118.22(4) evaluating and improving the accuracy of newborn screening tests for conditions
118.23approved for screening in Minnesota;
118.24(5) validation of equipment and screening methods; and
118.25(6) continuity of operations to ensure testing can continue as required by Minnesota
118.26law in the event of an emergency; and
118.27(7) utilization of blood samples and test results for studies related to newborn
118.28screening, including studies used to develop new tests.
118.29(b) No research, or public health studies, or development of new newborn screening
118.30tests shall be conducted under this subdivision other than those described in paragraph (a)
118.31shall be conducted without written consent as described under subdivision 7.
118.32EFFECTIVE DATE.This section is effective the day following final enactment.

119.1    Sec. 10. Minnesota Statutes 2013 Supplement, section 144.125, subdivision 7, is
119.2amended to read:
119.3    Subd. 7. Parental options for extended storage and use additional research. (a)
119.4The parent or legal guardian of an infant otherwise subject to testing under this section
119.5may authorize in writing that the infant's blood sample and test results be retained and
119.6used by the Department of Health beyond the standard retention periods provided in
119.7subdivision 6 for the purposes described in subdivision 9.
119.8(b) The Department of Health must provide a consent form, with an attached
119.9Tennessen warning pursuant to section 13.04, subdivision 2. The consent form must
119.10provide the following:
119.11(1) information as to the personal identification and use of samples and test results
119.12for studies, including studies used to develop new tests;
119.13(2) (1) information as to the personal identification and use of samples and test
119.14results for public health studies or research not related to newborn screening;
119.15(3) information that explains that the Department of Health will not store a blood
119.16sample or test result for longer than 18 years from an infant's birth date;
119.17(4) (2) information that explains that, upon approval by the Department of Health's
119.18Institutional Review Board, blood samples and test results may be shared with external
119.19parties for public health studies or research; and
119.20(5) (3) information that explains that blood samples contain various components,
119.21including deoxyribonucleic acid (DNA); and
119.22(6) the benefits and risks associated with the department's storage of a child's blood
119.23sample and test results.
119.24EFFECTIVE DATE.This section is effective the day following final enactment.

119.25    Sec. 11. Minnesota Statutes 2012, section 144.125, subdivision 8, is amended to read:
119.26    Subd. 8. Extended Storage and use of samples and test results. When authorized
119.27in writing by a parent or legal guardian under subdivision 7, (a) The Department of Health
119.28may store blood samples and test results for a time period not to exceed 18 years from
119.29the infant's birth date, and may use the blood samples and test results in accordance with
119.30subdivision 9 5, unless a parent or legal guardian elects against the storage of the blood
119.31samples and test results, and in accordance with subdivision 9, if written informed consent
119.32of a parent or legal guardian is obtained.
119.33(b) If a parent, legal guardian, or individual elects against storage or revokes prior
119.34consent for storage, the blood samples must be destroyed within one week of receipt of
120.1the request, and test results must be destroyed at the earliest time allowed under Clinical
120.2Laboratory Improvement Amendments (CLIA) regulations.
120.3EFFECTIVE DATE.This section is effective the day following final enactment.

120.4    Sec. 12. Minnesota Statutes 2012, section 144.125, subdivision 9, is amended to read:
120.5    Subd. 9. Written, informed consent for other use of samples and test results.
120.6With the written, informed consent of a parent or legal guardian, the Department of Health
120.7may:
120.8(1) use blood samples and test results for studies related to newborn screening,
120.9including studies used to develop new tests; and
120.10(2) use blood samples and test results for public health studies or research not related
120.11to newborn screening, and upon approval by the Department of Health's Institutional
120.12Review Board, share samples and test results with external parties for public health
120.13studies or research.
120.14EFFECTIVE DATE.This section is effective the day following final enactment.

120.15    Sec. 13. Minnesota Statutes 2012, section 144.125, subdivision 10, is amended to read:
120.16    Subd. 10. Revoking consent for storage and use. A parent or legal guardian, or the
120.17individual whose blood was tested as an infant if the individual is 18 years of age or older,
120.18 may revoke approval for extended storage or use of blood samples or test results at any
120.19time by providing a signed and dated form requesting destruction of the blood samples
120.20or test results. The Department of Health shall make necessary forms available on the
120.21department's Web site. Blood samples must be destroyed within one week of receipt of a
120.22request or within one week of the standard retention period for blood samples provided in
120.23subdivision 6, whichever is later. and test results must be destroyed within one month of
120.24receipt of a request or within one month of the standard retention period for test results
120.25provided in subdivision 6, whichever is later at the earliest time allowed under Clinical
120.26Laboratory Improvement Amendments (CLIA) regulations.
120.27EFFECTIVE DATE.This section is effective the day following final enactment.

120.28    Sec. 14. Minnesota Statutes 2012, section 144.1501, subdivision 1, is amended to read:
120.29    Subdivision 1. Definitions. (a) For purposes of this section, the following definitions
120.30apply.
120.31(b) "Dentist" means an individual who is licensed to practice dentistry.
121.1(c) "Designated rural area" means an area defined as a small rural area or
121.2isolated rural area according to the four category classifications of the Rural Urban
121.3Commuting Area system developed for the United States Health Resources and Services
121.4Administration a city or township that is:
121.5(1) outside the seven-county metropolitan area, as defined in section 473.121,
121.6subdivision 2; and
121.7(2) has a population under 15,000.
121.8(d) "Emergency circumstances" means those conditions that make it impossible for
121.9the participant to fulfill the service commitment, including death, total and permanent
121.10disability, or temporary disability lasting more than two years.
121.11(e) "Medical resident" means an individual participating in a medical residency in
121.12family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
121.13(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
121.14anesthetist, advanced clinical nurse specialist, or physician assistant.
121.15(g) "Nurse" means an individual who has completed training and received all
121.16licensing or certification necessary to perform duties as a licensed practical nurse or
121.17registered nurse.
121.18(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
121.19study designed to prepare registered nurses for advanced practice as nurse-midwives.
121.20(i) "Nurse practitioner" means a registered nurse who has graduated from a program
121.21of study designed to prepare registered nurses for advanced practice as nurse practitioners.
121.22(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
121.23(k) "Physician" means an individual who is licensed to practice medicine in the areas
121.24of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
121.25(l) "Physician assistant" means a person licensed under chapter 147A.
121.26(m) "Qualified educational loan" means a government, commercial, or foundation
121.27loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
121.28expenses related to the graduate or undergraduate education of a health care professional.
121.29(n) "Underserved urban community" means a Minnesota urban area or population
121.30included in the list of designated primary medical care health professional shortage areas
121.31(HPSAs), medically underserved areas (MUAs), or medically underserved populations
121.32(MUPs) maintained and updated by the United States Department of Health and Human
121.33Services.

121.34    Sec. 15. Minnesota Statutes 2012, section 144.4165, is amended to read:
121.35144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
122.1No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
122.2product, or inhale or exhale vapor from an electronic delivery device, in a public school,
122.3as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all
122.4facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
122.5leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of
122.6tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For
122.7purposes of this section, an Indian is a person who is a member of an Indian tribe as
122.8defined in section 260.755 subdivision 12.

122.9    Sec. 16. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
122.10amended to read:
122.11    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
122.12comprehensive stroke center if the hospital has been certified as a comprehensive stroke
122.13center by the joint commission or another nationally recognized accreditation entity and
122.14the hospital participates in the Minnesota stroke registry program.

122.15    Sec. 17. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
122.16amended to read:
122.17    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
122.18center if the hospital has been certified as a primary stroke center by the joint commission
122.19or another nationally recognized accreditation entity and the hospital participates in the
122.20Minnesota stroke registry program.

122.21    Sec. 18. Minnesota Statutes 2012, section 144.565, subdivision 4, is amended to read:
122.22    Subd. 4. Definitions. For purposes of this section, the following terms have the
122.23meanings given:
122.24    (a) "Diagnostic imaging facility" means a health care facility that is not a hospital
122.25or location licensed as a hospital which offers diagnostic imaging services in Minnesota,
122.26regardless of whether the equipment used to provide the service is owned or leased. For
122.27the purposes of this section, diagnostic imaging facility includes, but is not limited to,
122.28facilities such as a physician's office, clinic, mobile transport vehicle, outpatient imaging
122.29center, or surgical center. A dental clinic or office is not considered a diagnostic imaging
122.30facility for the purpose of this section when the clinic or office performs diagnostic
122.31imaging through dental cone beam computerized tomography.
122.32    (b) "Diagnostic imaging service" means the use of ionizing radiation or other imaging
122.33technique on a human patient including, but not limited to, magnetic resonance imaging
123.1(MRI) or computerized tomography (CT) other than dental cone beam computerized
123.2tomography, positron emission tomography (PET), or single photon emission
123.3computerized tomography (SPECT) scans using fixed, portable, or mobile equipment.
123.4    (c) "Financial or economic interest" means a direct or indirect:
123.5    (1) equity or debt security issued by an entity, including, but not limited to, shares of
123.6stock in a corporation, membership in a limited liability company, beneficial interest in
123.7a trust, units or other interests in a partnership, bonds, debentures, notes or other equity
123.8interests or debt instruments, or any contractual arrangements;
123.9    (2) membership, proprietary interest, or co-ownership with an individual, group, or
123.10organization to which patients, clients, or customers are referred to; or
123.11    (3) employer-employee or independent contractor relationship, including, but not
123.12limited to, those that may occur in a limited partnership, profit-sharing arrangement, or
123.13other similar arrangement with any facility to which patients are referred, including any
123.14compensation between a facility and a health care provider, the group practice of which
123.15the provider is a member or employee or a related party with respect to any of them.
123.16    (d) "Fixed equipment" means a stationary diagnostic imaging machine installed
123.17in a permanent location.
123.18    (e) "Mobile equipment" means a diagnostic imaging machine in a self-contained
123.19transport vehicle designed to be brought to a temporary offsite location to perform
123.20diagnostic imaging services.
123.21    (f) "Portable equipment" means a diagnostic imaging machine designed to be
123.22temporarily transported within a permanent location to perform diagnostic imaging
123.23services.
123.24    (g) "Provider of diagnostic imaging services" means a diagnostic imaging facility
123.25or an entity that offers and bills for diagnostic imaging services at a facility owned or
123.26leased by the entity.
123.27EFFECTIVE DATE.This section is effective the day following final enactment.

123.28    Sec. 19. [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
123.29    Subdivision 1. Notice required. A hospital shall give a written notice about victim
123.30rights and available resources to a person seeking medical services in the hospital who
123.31reports to hospital staff or who evidences a sexual assault or other unwanted sexual
123.32contact or sexual penetration. The hospital shall make a good faith effort to provide
123.33this notice prior to medical treatment or the examination performed for the purpose
123.34of gathering evidence, subject to applicable federal and state laws and regulations
123.35regarding the provision of medical care, and in a manner that does not interfere with any
124.1medical screening examination or initiation of treatment necessary to stabilize a victim's
124.2emergency medical condition.
124.3    Subd. 2. Contents of notice. The commissioners of health and public safety, in
124.4consultation with sexual assault victim advocates and health care professionals, shall
124.5develop the notice required by subdivision 1. The notice must inform the victim, at a
124.6minimum, of:
124.7(1) the obligation under section 609.35 of the county where the criminal sexual
124.8conduct occurred to pay for the examination performed for the purpose of gathering
124.9evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
124.10to law enforcement, and that the victim may incur expenses for treatment of injuries; and
124.11(2) the victim's rights if the crime is reported to law enforcement, including the
124.12victim's right to apply for reparations under sections 611A.51 to 611A.68, information on
124.13how to apply for reparations, and information on how to obtain an order for protection or
124.14a harassment restraining order.

124.15    Sec. 20. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
124.16is amended to read:
124.17    Subd. 12. Reconsideration. (a) The commissioner shall make available to home
124.18care providers a correction order reconsideration process. This process may be used
124.19to challenge the correction order issued, including the level and scope described in
124.20subdivision 11, and any fine assessed. During the correction order reconsideration
124.21request, the issuance for the correction orders under reconsideration are not stayed, but
124.22the department shall post information on the Web site with the correction order that the
124.23licensee has requested a reconsideration and that the review is pending.
124.24(b) A licensed home care provider may request from the commissioner, in writing,
124.25a correction order reconsideration regarding any correction order issued to the provider.
124.26 The written request for reconsideration must be received by the commissioner within 15
124.27calendar days of the correction order issuance date. The correction order reconsideration
124.28shall not be reviewed by any surveyor, investigator, or supervisor that participated in
124.29the writing or reviewing of the correction order being disputed. The correction order
124.30reconsiderations may be conducted in person, by telephone, by another electronic form,
124.31or in writing, as determined by the commissioner. The commissioner shall respond in
124.32writing to the request from a home care provider for a correction order reconsideration
124.33within 60 days of the date the provider requests a reconsideration. The commissioner's
124.34response shall identify the commissioner's decision regarding each citation challenged by
124.35the home care provider.
125.1(c) The findings of a correction order reconsideration process shall be one or more of
125.2the following:
125.3(1) supported in full, the correction order is supported in full, with no deletion of
125.4findings to the citation;
125.5(2) supported in substance, the correction order is supported, but one or more
125.6findings are deleted or modified without any change in the citation;
125.7(3) correction order cited an incorrect home care licensing requirement, the correction
125.8order is amended by changing the correction order to the appropriate statutory reference;
125.9(4) correction order was issued under an incorrect citation, the correction order is
125.10amended to be issued under the more appropriate correction order citation;
125.11(5) the correction order is rescinded;
125.12(6) fine is amended, it is determined that the fine assigned to the correction order
125.13was applied incorrectly; or
125.14(7) the level or scope of the citation is modified based on the reconsideration.
125.15(d) If the correction order findings are changed by the commissioner, the
125.16commissioner shall update the correction order Web site.
125.17(e) This subdivision does not apply to temporary licensees.
125.18EFFECTIVE DATE.This section is effective August 1, 2014, and for current
125.19licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

125.20    Sec. 21. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
125.21is amended to read:
125.22    Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license,
125.23the home care provider shall be entitled to notice and a hearing as provided by sections
125.2414.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
125.25without a prior contested case hearing, temporarily suspend a license or prohibit delivery
125.26of services by a provider for not more than 90 days if the commissioner determines that
125.27the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
125.28as defined in section 144A.474, subdivision 11, paragraph (b), provided:
125.29(1) advance notice is given to the home care provider;
125.30(2) after notice, the home care provider fails to correct the problem;
125.31(3) the commissioner has reason to believe that other administrative remedies are not
125.32likely to be effective; and
125.33(4) there is an opportunity for a contested case hearing within the 90 30 days unless
125.34there is an extension granted by an administrative law judge pursuant to subdivision 3b.
126.1EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
126.2and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
126.3renewal.

126.4    Sec. 22. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
126.5adding a subdivision to read:
126.6    Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
126.7of a sanction under this section, other than for a temporary suspension, the commissioner
126.8shall request assignment of an administrative law judge. The commissioner's request must
126.9include a proposed date, time, and place of hearing. A hearing must be conducted by an
126.10administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
126.11within 90 calendar days of the request for assignment, unless an extension is requested by
126.12either party and granted by the administrative law judge for good cause or for purposes of
126.13discussing settlement. In no case shall one or more extensions be granted for a total of
126.14more than 90 calendar days unless there is a criminal action pending against the licensee.
126.15If, while a licensee continues to operate pending an appeal of an order for revocation,
126.16suspension, or refusal to renew a license, the commissioner identifies one or more new
126.17violations of law that meet the requirements of level 3 or 4 violations as defined in section
126.18144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
126.19temporarily suspend the license under the provisions in subdivision 3.
126.20EFFECTIVE DATE.This section is effective for appeals received on or after
126.21August 1, 2014.

126.22    Sec. 23. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
126.23adding a subdivision to read:
126.24    Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
126.25days of receipt of the license holder's timely appeal of a temporary suspension, the
126.26commissioner shall request assignment of an administrative law judge. The request must
126.27include a proposed date, time, and place of a hearing. A hearing must be conducted by an
126.28administrative law judge within 30 calendar days of the request for assignment, unless
126.29an extension is requested by either party and granted by the administrative law judge
126.30for good cause. The commissioner shall issue a notice of hearing by certified mail or
126.31personal service at least ten business days before the hearing. Certified mail to the last
126.32known address is sufficient. The scope of the hearing shall be limited solely to the issue of
126.33whether the temporary suspension should remain in effect and whether there is sufficient
127.1evidence to conclude that the licensee's actions or failure to comply with applicable laws
127.2are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
127.3(b) The administrative law judge shall issue findings of fact, conclusions, and a
127.4recommendation within ten business days from the date of hearing. The parties shall have
127.5ten calendar days to submit exceptions to the administrative law judge's report. The
127.6record shall close at the end of the ten-day period for submission of exceptions. The
127.7commissioner's final order shall be issued within ten business days from the close of the
127.8record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
127.9the commissioner shall issue a final order affirming the temporary immediate suspension
127.10within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
127.11license holder is prohibited from operation during the 90-day temporary suspension period.
127.12(c) When the final order under paragraph (b) affirms an immediate suspension, and a
127.13final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
127.14sanction, the licensee is prohibited from operation pending a final commissioner's order
127.15after the contested case hearing conducted under chapter 14.
127.16EFFECTIVE DATE.This section is effective August 1, 2014.

127.17    Sec. 24. Minnesota Statutes 2012, section 144D.065, is amended to read:
127.18144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
127.19    (a) If a housing with services establishment registered under this chapter has a special
127.20program or special care unit for residents with Alzheimer's disease or other dementias
127.21or advertises, markets, or otherwise promotes the establishment as providing services
127.22for persons with Alzheimer's disease or related disorders other dementias, whether in a
127.23segregated or general unit, the establishment's direct care staff and their supervisors must
127.24be trained in dementia care. employees of the establishment and of the establishment's
127.25arranged home care provider must meet the following training requirements:
127.26    (1) supervisors of direct-care staff must have at least eight hours of initial training on
127.27topics specified under paragraph (b) within 120 working hours of the employment start
127.28date, and must have at least two hours of training on topics related to dementia care for
127.29each 12 months of employment thereafter;
127.30    (2) direct-care employees must have completed at least eight hours of initial training
127.31on topics specified under paragraph (b) within 160 working hours of the employment start
127.32date. Until this initial training is complete, an employee must not provide direct care unless
127.33there is another employee on site who has completed the initial eight hours of training on
127.34topics related to dementia care and who can act as a resource and assist if issues arise. A
128.1trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
128.2in paragraph (a), clause (1), must be available for consultation with the new employee until
128.3the training requirement is complete. Direct-care employees must have at least two hours
128.4of training on topics related to dementia for each 12 months of employment thereafter;
128.5    (3) staff who do not provide direct care, including maintenance, housekeeping, and
128.6food service staff, must have at least four hours of initial training on topics specified
128.7under paragraph (b) within 160 working hours of the employment start date, and must
128.8have at least two hours of training on topics related to dementia care for each 12 months of
128.9employment thereafter; and
128.10    (4) new employees may satisfy the initial training requirements by producing written
128.11proof of previously completed required training within the past 18 months.
128.12    (b) Areas of required training include:
128.13    (1) an explanation of Alzheimer's disease and related disorders;
128.14    (2) assistance with activities of daily living;
128.15    (3) problem solving with challenging behaviors; and
128.16    (4) communication skills.
128.17    (c) The establishment shall provide to consumers in written or electronic form a
128.18description of the training program, the categories of employees trained, the frequency
128.19of training, and the basic topics covered. This information satisfies the disclosure
128.20requirements of section 325F.72, subdivision 2, clause (4).
128.21    (d) Housing with services establishments not included in paragraph (a) that provide
128.22assisted living services under chapter 144G must meet the following training requirements:
128.23    (1) supervisors of direct-care staff must have at least four hours of initial training on
128.24topics specified under paragraph (b) within 120 working hours of the employment start
128.25date, and must have at least two hours of training on topics related to dementia care for
128.26each 12 months of employment thereafter;
128.27    (2) direct-care employees must have completed at least four hours of initial training
128.28on topics specified under paragraph (b) within 160 working hours of the employment start
128.29date. Until this initial training is complete, an employee must not provide direct care unless
128.30there is another employee on site who has completed the initial four hours of training on
128.31topics related to dementia care and who can act as a resource and assist if issues arise. A
128.32trainer of the requirements under paragraph (b) or supervisor meeting the requirements
128.33under paragraph (a), clause (1), must be available for consultation with the new employee
128.34until the training requirement is complete. Direct-care employees must have at least two
128.35hours of training on topics related to dementia for each 12 months of employment thereafter;
129.1    (3) staff who do not provide direct care, including maintenance, housekeeping, and
129.2food service staff, must have at least four hours of initial training on topics specified
129.3under paragraph (b) within 160 working hours of the employment start date, and must
129.4have at least two hours of training on topics related to dementia care for each 12 months of
129.5employment thereafter; and
129.6    (4) new employees may satisfy the initial training requirements by producing written
129.7proof of previously completed required training within the past 18 months.
129.8EFFECTIVE DATE.This section is effective January 1, 2016.

129.9    Sec. 25. [144D.10] MANAGER REQUIREMENTS.
129.10    (a) The person primarily responsible for oversight and management of a housing
129.11with services establishment, as designated by the owner of the housing with services
129.12establishment, must obtain at least 30 hours of continuing education every two years of
129.13employment as the manager in topics relevant to the operations of the housing with services
129.14establishment and the needs of its tenants. Continuing education earned to maintain a
129.15professional license, such as nursing home administrator license, nursing license, social
129.16worker license, and real estate license, can be used to complete this requirement.
129.17    (b) For managers of establishments identified in section 325F.72, this continuing
129.18education must include at least eight hours of documented training on the topics identified
129.19in section 144D.065, subdivision 1, paragraph (b), within 160 working hours of hire, and
129.20two hours of training these topics for each 12 months of employment thereafter.
129.21    (c) For managers of establishments not covered by section 325F.72, but who provide
129.22assisted living services under chapter 144G, this continuing education must include at
129.23least four hours of documented training on the topics identified in section 144D.065,
129.24subdivision 1, paragraph (b), within 160 working hours of hire, and two hours of training
129.25on these topics for each 12 months of employment thereafter.
129.26    (d) A statement verifying compliance with the continuing education requirement
129.27must be included in the housing with services establishment's annual registration to the
129.28commissioner of health. The establishment must maintain records for at least three years
129.29demonstrating that the person primarily responsible for oversight and management of the
129.30establishment has attended educational programs as required by this section.
129.31    (e) New managers may satisfy the initial dementia training requirements by producing
129.32written proof of previously completed required training within the past 18 months.
129.33    (f) This section does not apply to an establishment registered under section
129.34144D.025 serving the homeless.
130.1EFFECTIVE DATE.This section is effective January 1, 2016.

130.2    Sec. 26. [144D.11] EMERGENCY PLANNING.
130.3    (a) Each registered housing with services establishment must meet the following
130.4requirements:
130.5    (1) have a written emergency disaster plan that contains a plan for evacuation,
130.6addresses elements of sheltering in-place, identifies temporary relocation sites, and details
130.7staff assignments in the event of a disaster or an emergency;
130.8    (2) post an emergency disaster plan prominently;
130.9    (3) provide building emergency exit diagrams to all tenants upon signing a lease;
130.10    (4) post emergency exit diagrams on each floor; and
130.11    (5) have a written policy and procedure regarding missing tenants.
130.12    (b) Each registered housing with services establishment must provide emergency
130.13and disaster training to all staff within 30 days of hire and annually thereafter and must
130.14make emergency and disaster training available to all tenants annually.
130.15    (c) Each registered housing with services location must conduct and document a fire
130.16drill or other emergency drill at least every six months. To the extent possible, drills must
130.17be coordinated with local fire departments or other community emergency resources.
130.18EFFECTIVE DATE.This section is effective January 1, 2016.

130.19    Sec. 27. Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2,
130.20is amended to read:
130.21    Subd. 2. Duties of director. The director of child sex trafficking prevention is
130.22responsible for the following:
130.23    (1) developing and providing comprehensive training on sexual exploitation of
130.24youth for social service professionals, medical professionals, public health workers, and
130.25criminal justice professionals;
130.26    (2) collecting, organizing, maintaining, and disseminating information on sexual
130.27exploitation and services across the state, including maintaining a list of resources on the
130.28Department of Health Web site;
130.29    (3) monitoring and applying for federal funding for antitrafficking efforts that may
130.30benefit victims in the state;
130.31    (4) managing grant programs established under sections 145.4716 to 145.4718;
130.32    (5) managing the request for proposals for grants for comprehensive services,
130.33including trauma-informed, culturally specific services;
131.1    (6) identifying best practices in serving sexually exploited youth, as defined in
131.2section 260C.007, subdivision 31;
131.3    (6) (7) providing oversight of and technical support to regional navigators pursuant
131.4to section 145.4717;
131.5    (7) (8) conducting a comprehensive evaluation of the statewide program for safe
131.6harbor of sexually exploited youth; and
131.7    (8) (9) developing a policy consistent with the requirements of chapter 13 for sharing
131.8data related to sexually exploited youth, as defined in section 260C.007, subdivision 31,
131.9among regional navigators and community-based advocates.

131.10    Sec. 28. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision
131.11to read:
131.12    Subd. 7a. Minority run health care professional associations. The commissioner
131.13shall award grants to minority run health care professional associations to achieve the
131.14following:
131.15(1) provide collaborative mental health services to minority residents;
131.16(2) provide collaborative, holistic, and culturally competent health care services in
131.17communities with high concentrations of minority residents; and
131.18(3) collaborate on recruitment, training, and placement of minorities with health
131.19care providers.

131.20    Sec. 29. Minnesota Statutes 2012, section 149A.92, is amended by adding a
131.21subdivision to read:
131.22    Subd. 11. Scope. Notwithstanding the requirements in section 149A.50, this section
131.23applies only to funeral establishments where human remains are present for the purpose
131.24of preparation and embalming, private viewings, visitations, services, and holding of
131.25human remains while awaiting final disposition. For the purpose of this subdivision,
131.26"private viewing" means viewing of a dead human body by persons designated in section
131.27149A.80, subdivision 2.

131.28    Sec. 30. Minnesota Statutes 2012, section 325H.05, is amended to read:
131.29325H.05 POSTED WARNING REQUIRED.
131.30(a) The facility owner or operator shall conspicuously post the warning sign signs
131.31 described in paragraph paragraphs (b) and (c) within three feet of each tanning station.
131.32The sign must be clearly visible, not obstructed by any barrier, equipment, or other object,
132.1and must be posted so that it can be easily viewed by the consumer before energizing the
132.2tanning equipment.
132.3(b) The warning sign required in paragraph (a) shall have dimensions not less than
132.4eight inches by ten inches, and must have the following wording:
132.5"DANGER - ULTRAVIOLET RADIATION
132.6-Follow instructions.
132.7-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
132.8injury and allergic reactions. Repeated exposure may cause premature aging
132.9of the skin and skin cancer.
132.10-Wear protective eyewear.
132.11FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
132.12IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
132.13-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
132.14Consult a physician before using sunlamp or tanning equipment if you are
132.15using medications or have a history of skin problems or believe yourself to be
132.16especially sensitive to sunlight."
132.17(c) All tanning facilities must prominently display a sign in a conspicuous place,
132.18at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
132.19person under age 18 to use any tanning equipment.

132.20    Sec. 31. [325H.085] USE BY MINORS PROHIBITED.
132.21A person under age 18 may not use any type of tanning equipment as defined by
132.22section 325H.01, subdivision 6, available in a tanning facility in this state.

132.23    Sec. 32. Minnesota Statutes 2012, section 325H.09, is amended to read:
132.24325H.09 PENALTY.
132.25Any person who leases tanning equipment or who owns a tanning facility and who
132.26operates or permits the equipment or facility to be operated in noncompliance with the
132.27requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

132.28    Sec. 33. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
132.29REGISTRATION.
132.30    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
132.31have the meanings given them.
133.1(b) "Automatic external defibrillator" or "AED" means an electronic device designed
133.2and manufactured to operate automatically or semiautomatically for the purpose of
133.3delivering an electrical current to the heart of a person in sudden cardiac arrest.
133.4(c) "AED registry" means a registry of AEDs that requires a maintenance program
133.5or package, and includes, but is not limited to, the following registries: the Minnesota
133.6AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
133.7(d) "Person" means a natural person, partnership, association, corporation, or unit
133.8of government.
133.9(e) "Public access AED" means any AED that is intended, by its markings or display,
133.10to be used or accessed by the public for the benefit of the general public that may happen
133.11to be in the vicinity or location of that AED. It does not include an AED that is owned or
133.12used by a hospital, clinic, business, or organization that is intended to be used by staff and
133.13is not marked or displayed in a manner to encourage public access.
133.14(f) "Maintenance program or package" means a program that will alert the AED
133.15owner when the AED has electrodes and batteries due to expire or replaces those expiring
133.16electrodes and batteries for the AED owner.
133.17(g) "Public safety agency" means local law enforcement, county sheriff, municipal
133.18police, tribal agencies, state law enforcement, fire departments, including municipal
133.19departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
133.20and licensed ambulance services.
133.21(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
133.22in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
133.23placed in stationary storage, including, but not limited to, an AED used at an athletic event.
133.24(i) "Private use AED" means an AED that is not intended to be used or accessed by
133.25the public for the benefit of the general public. This may include, but is not limited to,
133.26AEDs found in private residences.
133.27    Subd. 2. Registration. A person who purchases or obtains a public access AED shall
133.28register that device with an AED registry within 30 working days of receiving the AED.
133.29    Subd. 3. Required information. A person registering a public access AED shall
133.30provide the following information for each AED:
133.31(1) AED manufacturer, model, and serial number;
133.32(2) specific location where the AED will be kept; and
133.33(3) the title, address, and telephone number of a person in management at the
133.34business or organization where the AED is located.
134.1    Subd. 4. Information changes. The owner of a public access AED shall notify their
134.2AED registry of any changes in the information that is required in the registration within
134.330 working days of the change occurring.
134.4    Subd. 5. Public access AED requirements. A public access AED:
134.5(1) may be inspected during regular business hours by a public safety agency with
134.6jurisdiction over the location of the AED;
134.7(2) shall be kept in the location specified in the registration; and
134.8(3) shall be reasonably maintained, including replacement of dead batteries and
134.9pads/electrodes, and comply with all manufacturer's recall and safety notices.
134.10    Subd. 6. Removal of AED. An authorized agent of a public safety agency with
134.11jurisdiction over the location of the AED may direct the owner of a public access AED
134.12to comply with this section. Such authorized agent of a public safety agency may direct
134.13the owner of the AED to remove the AED from its public access location and to remove
134.14or cover any public signs relating to that AED if it is determined that the AED is not
134.15ready for immediate use.
134.16    Subd. 7. Private use AEDs. The owner of a private use AED is not subject to the
134.17requirements of this section but is encouraged to maintain the AED in a consistent manner.
134.18    Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the
134.19requirements of this section but is encouraged to maintain the AED in a consistent manner.
134.20    Subd. 9. Signs. A person acquiring a public use AED is encouraged but is not
134.21required to post signs bearing the universal AED symbol in order to increase the ease of
134.22access by the public to the AED in the event of an emergency. A person may not post any
134.23AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
134.24any AED signs by an authorized agent of a public safety agency.
134.25    Subd. 10. Emergency response plans. The owner of one or more public access
134.26AEDs shall develop an emergency response plan appropriate for the nature of the facility
134.27the AED is intended to serve.
134.28    Subd. 11. No civil liability. Nothing in this section shall create any civil liability on
134.29the part of an AED owner.
134.30EFFECTIVE DATE.This section is effective August 1, 2014.

134.31    Sec. 34. Minnesota Statutes 2012, section 461.12, is amended to read:
134.32461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO,
134.33TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
135.1    Subdivision 1. Authorization. A town board or the governing body of a home
135.2rule charter or statutory city may license and regulate the retail sale of tobacco and,
135.3 tobacco-related devices, and electronic delivery devices as defined in section 609.685,
135.4subdivision 1
, and nicotine and lobelia delivery products as described in section 609.6855,
135.5and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
135.6The county board shall license and regulate the sale of tobacco and, tobacco-related
135.7devices, electronic delivery devices, and nicotine and lobelia products in unorganized
135.8territory of the county except on the State Fairgrounds and in a town or a home rule charter
135.9or statutory city if the town or city does not license and regulate retail sales of tobacco
135.10sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
135.11delivery products. The State Agricultural Society shall license and regulate the sale of
135.12tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
135.13delivery products on the State Fairgrounds. Retail establishments licensed by a town or
135.14city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
135.15lobelia delivery products are not required to obtain a second license for the same location
135.16under the licensing ordinance of the county.
135.17    Subd. 2. Administrative penalties; licensees. If a licensee or employee of a
135.18licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine
135.19or lobelia delivery products to a person under the age of 18 years, or violates any other
135.20provision of this chapter, the licensee shall be charged an administrative penalty of $75.
135.21An administrative penalty of $200 must be imposed for a second violation at the same
135.22location within 24 months after the initial violation. For a third violation at the same
135.23location within 24 months after the initial violation, an administrative penalty of $250
135.24must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
135.25electronic delivery devices, or nicotine or lobelia delivery products at that location must be
135.26suspended for not less than seven days. No suspension or penalty may take effect until the
135.27licensee has received notice, served personally or by mail, of the alleged violation and an
135.28opportunity for a hearing before a person authorized by the licensing authority to conduct
135.29the hearing. A decision that a violation has occurred must be in writing.
135.30    Subd. 3. Administrative penalty; individuals. An individual who sells tobacco
135.31or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
135.32products to a person under the age of 18 years must be charged an administrative penalty
135.33of $50. No penalty may be imposed until the individual has received notice, served
135.34personally or by mail, of the alleged violation and an opportunity for a hearing before a
135.35person authorized by the licensing authority to conduct the hearing. A decision that a
135.36violation has occurred must be in writing.
136.1    Subd. 4. Minors. The licensing authority shall consult with interested educators,
136.2parents, children, and representatives of the court system to develop alternative penalties
136.3for minors who purchase, possess, and consume tobacco or, tobacco-related devices,
136.4electronic delivery devices, or nicotine or lobelia delivery products. The licensing
136.5authority and the interested persons shall consider a variety of options, including, but
136.6not limited to, tobacco free education programs, notice to schools, parents, community
136.7service, and other court diversion programs.
136.8    Subd. 5. Compliance checks. A licensing authority shall conduct unannounced
136.9compliance checks at least once each calendar year at each location where tobacco is,
136.10tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
136.11are sold to test compliance with section sections 609.685 and 609.6855. Compliance
136.12checks must involve minors over the age of 15, but under the age of 18, who, with the prior
136.13written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related
136.14devices, electronic delivery devices, or nicotine or lobelia delivery products under the
136.15direct supervision of a law enforcement officer or an employee of the licensing authority.
136.16    Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco
136.17or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
136.18products to a person under the age of 18 years in violation of subdivision 2 or 3 that the
136.19licensee or individual making the sale relied in good faith upon proof of age as described
136.20in section 340A.503, subdivision 6.
136.21    Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision
136.222 or 3 may have the decision reviewed in the district court in the same manner and
136.23procedure as provided in section 462.361.
136.24    Subd. 8. Notice to commissioner. The licensing authority under this section shall,
136.25within 30 days of the issuance of a license, inform the commissioner of revenue of the
136.26licensee's name, address, trade name, and the effective and expiration dates of the license.
136.27The commissioner of revenue must also be informed of a license renewal, transfer,
136.28cancellation, suspension, or revocation during the license period.

136.29    Sec. 35. Minnesota Statutes 2012, section 461.18, is amended to read:
136.30461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
136.31    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
136.32tobacco or tobacco-related devices, or electronic delivery devices as defined in section
136.33609.685, subdivision 1 , or nicotine or lobelia delivery products as described in section
136.34609.6855, in open displays which are accessible to the public without the intervention
136.35of a store employee.
137.1(b) [Expired August 28, 1997]
137.2(c) [Expired]
137.3(d) This subdivision shall not apply to retail stores which derive at least 90 percent
137.4of their revenue from tobacco and tobacco-related products devices and where the retailer
137.5ensures that no person younger than 18 years of age is present, or permitted to enter, at
137.6any time.
137.7    Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products,
137.8electronic delivery devices, or nicotine or lobelia delivery products from vending
137.9machines. This subdivision does not apply to vending machines in facilities that cannot be
137.10entered at any time by persons younger than 18 years of age.
137.11    Subd. 3. Federal regulations for cartons, multipacks. Code of Federal
137.12Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
137.13and other multipack units.

137.14    Sec. 36. Minnesota Statutes 2012, section 461.19, is amended to read:
137.15461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
137.16Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
137.17restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery
137.18devices, and nicotine and lobelia products. A governing body shall give notice of its
137.19intention to consider adoption or substantial amendment of any local ordinance required
137.20under section 461.12 or permitted under this section. The governing body shall take
137.21reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
137.22known address of each licensee or person required to hold a license under section 461.12.
137.23The notice shall state the time, place, and date of the meeting and the subject matter of
137.24the proposed ordinance.

137.25    Sec. 37. Minnesota Statutes 2012, section 609.685, is amended to read:
137.26609.685 SALE OF TOBACCO TO CHILDREN.
137.27    Subdivision 1. Definitions. For the purposes of this section, the following terms
137.28shall have the meanings respectively ascribed to them in this section.
137.29(a) "Tobacco" means cigarettes and any product containing, made, or derived from
137.30tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
137.31dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
137.32part, or accessory of a tobacco product; including but not limited to cigars; cheroots;
137.33stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
137.34snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
138.1shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
138.2forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
138.3United States Food and Drug Administration for sale as a tobacco-cessation product, as a
138.4tobacco-dependence product, or for other medical purposes, and is being marketed and
138.5sold solely for such an approved purpose.
138.6(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
138.7other devices intentionally designed or intended to be used in a manner which enables
138.8the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
138.9Tobacco-related devices include components of tobacco-related devices which may be
138.10marketed or sold separately.
138.11(c) "Electronic delivery device" means any product containing or delivering nicotine,
138.12lobelia, or any other substance intended for human consumption that can be used by a
138.13person to simulate smoking in the delivery of nicotine or any other substance through
138.14inhalation of vapor from the product. Electronic delivery device includes any component
138.15part of a product, whether or not marketed or sold separately. Electronic delivery device
138.16does not include any product that has been approved or certified by the United States Food
138.17and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
138.18product, or for other medical purposes, and is marketed and sold for such an approved
138.19purpose.
138.20    Subd. 1a. Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or
138.21electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor
138.22for the first violation. Whoever violates this subdivision a subsequent time within five
138.23years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
138.24(b) It is an affirmative defense to a charge under this subdivision if the defendant
138.25proves by a preponderance of the evidence that the defendant reasonably and in good faith
138.26relied on proof of age as described in section 340A.503, subdivision 6.
138.27    Subd. 2. Other offenses. (a) Whoever furnishes tobacco or, tobacco-related
138.28devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
138.29misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
138.30guilty of a gross misdemeanor.
138.31(b) A person under the age of 18 years who purchases or attempts to purchase
138.32tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's
138.33license, permit, Minnesota identification card, or any type of false identification to
138.34misrepresent the person's age, is guilty of a misdemeanor.
138.35    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2,
138.36whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
139.1purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery
139.2devices and is under the age of 18 years is guilty of a petty misdemeanor.
139.3    Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede
139.4or preclude the continuation or adoption of any local ordinance which provides for more
139.5stringent regulation of the subject matter in subdivisions 1 to 3.
139.6    Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish
139.7tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
139.8traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
139.9is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
139.10(b) The penalties in this section do not apply to a person under the age of 18 years
139.11who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic
139.12delivery devices while under the direct supervision of a responsible adult for training,
139.13education, research, or enforcement purposes.
139.14    Subd. 6. Seizure of false identification. A retailer may seize a form of identification
139.15listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe
139.16that the form of identification has been altered or falsified or is being used to violate any
139.17law. A retailer that seizes a form of identification as authorized under this subdivision
139.18shall deliver it to a law enforcement agency within 24 hours of seizing it.

139.19    Sec. 38. Minnesota Statutes 2012, section 609.6855, is amended to read:
139.20609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
139.21    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
139.2218 years a product containing or delivering nicotine or lobelia intended for human
139.23consumption, or any part of such a product, that is not tobacco or an electronic delivery
139.24device as defined by section 609.685, is guilty of a misdemeanor for the first violation.
139.25Whoever violates this subdivision a subsequent time within five years of a previous
139.26conviction under this subdivision is guilty of a gross misdemeanor.
139.27(b) It is an affirmative defense to a charge under this subdivision if the defendant
139.28proves by a preponderance of the evidence that the defendant reasonably and in good faith
139.29relied on proof of age as described in section 340A.503, subdivision 6.
139.30(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
139.31lobelia intended for human consumption, or any part of such a product, that is not tobacco
139.32 or an electronic delivery device as defined by section 609.685, may be sold to persons
139.33under the age of 18 if the product has been approved or otherwise certified for legal sale
139.34by the United States Food and Drug Administration for tobacco use cessation, harm
140.1reduction, or for other medical purposes, and is being marketed and sold solely for that
140.2approved purpose.
140.3    Subd. 2. Other offense. A person under the age of 18 years who purchases or
140.4attempts to purchase a product containing or delivering nicotine or lobelia intended for
140.5human consumption, or any part of such a product, that is not tobacco or an electronic
140.6delivery device as defined by section 609.685, and who uses a driver's license, permit,
140.7Minnesota identification card, or any type of false identification to misrepresent the
140.8person's age, is guilty of a misdemeanor.
140.9    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
140.102, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
140.11a product containing or delivering nicotine or lobelia intended for human consumption, or
140.12any part of such a product, that is not tobacco or an electronic delivery device as defined
140.13by section 609.685, is guilty of a petty misdemeanor.

140.14    Sec. 39. EVALUATION AND REPORTING REQUIREMENTS.
140.15    (a) The commissioner of health shall consult with the Alzheimer's Association,
140.16Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term
140.17care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
140.18    (1) whether additional settings, provider types, licensed and unlicensed personnel, or
140.19health care services regulated by the commissioner should be required to comply with the
140.20training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
140.21    (2) cost implications for the groups or individuals identified in clause (1) to comply
140.22with the training requirements;
140.23    (3) dementia education options available;
140.24    (4) existing dementia training mandates under federal and state statutes and rules; and
140.25    (5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
140.26144D.11, and methods to determine compliance with the training requirements.
140.27    (b) The commissioner shall report the evaluation to the chairs of the health and
140.28human services committees of the legislature no later than February 15, 2015, along with
140.29any recommendations for legislative changes.

140.30    Sec. 40. LIMITED OPT-IN EXCEPTION.
140.31Parents and legal guardians of infants born prior to the effective date of this act
140.32may give the Department of Health written consent for storage and use as described in
140.33Minnesota Statutes, section 144.125, subdivisions 5 and 8.
140.34EFFECTIVE DATE.This section is effective the day following final enactment.

141.1    Sec. 41. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
141.2The commissioner of health shall develop recommendations on ways to minimize
141.3triclosan health risks.

141.4    Sec. 42. REPEALER.
141.5(a) Minnesota Statutes 2012, section 144.125, subdivision 6, is repealed the day
141.6following final enactment.
141.7(b) Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

141.8ARTICLE 7
141.9LOCAL PUBLIC HEALTH SYSTEM

141.10    Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a
141.11subdivision to read:
141.12    Subd. 1a. Areas of public health responsibility. "Areas of public health
141.13responsibility" means:
141.14(1) assuring an adequate local public health infrastructure;
141.15(2) promoting healthy communities and healthy behaviors;
141.16(3) preventing the spread of communicable disease;
141.17(4) protecting against environmental health hazards;
141.18(5) preparing for and responding to emergencies; and
141.19(6) assuring health services.

141.20    Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
141.21    Subd. 5. Community health board. "Community health board" means a board of
141.22health established, operating, and eligible for a the governing body for local public health
141.23grant under sections 145A.09 to 145A.131. in Minnesota. The community health board
141.24may be comprised of a single county, multiple contiguous counties, or in a limited number
141.25of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
141.26responsibilities and authority under this chapter.

141.27    Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
141.28to read:
141.29    Subd. 6a. Community health services administrator. "Community health services
141.30administrator" means a person who meets personnel standards for the position established
141.31under section 145A.06, subdivision 3b, and is working under a written agreement with,
141.32employed by, or under contract with a community health board to provide public health
142.1leadership and to discharge the administrative and program responsibilities on behalf of
142.2the board.

142.3    Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
142.4to read:
142.5    Subd. 8a. Local health department. "Local health department" means an
142.6operational entity that is responsible for the administration and implementation of
142.7programs and services to address the areas of public health responsibility. It is governed
142.8by a community health board.

142.9    Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
142.10to read:
142.11    Subd. 8b. Essential public health services. "Essential public health services"
142.12means the public health activities that all communities should undertake. These services
142.13serve as the framework for the National Public Health Performance Standards. In
142.14Minnesota they refer to activities that are conducted to accomplish the areas of public
142.15health responsibility. The ten essential public health services are to:
142.16(1) monitor health status to identify and solve community health problems;
142.17(2) diagnose and investigate health problems and health hazards in the community;
142.18(3) inform, educate, and empower people about health issues;
142.19(4) mobilize community partnerships and action to identify and solve health
142.20problems;
142.21(5) develop policies and plans that support individual and community health efforts;
142.22(6) enforce laws and regulations that protect health and ensure safety;
142.23(7) link people to needed personal health services and assure the provision of health
142.24care when otherwise unavailable;
142.25(8) maintain a competent public health workforce;
142.26(9) evaluate the effectiveness, accessibility, and quality of personal and
142.27population-based health services; and
142.28(10) contribute to research seeking new insights and innovative solutions to health
142.29problems.

142.30    Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
142.31    Subd. 15. Medical consultant. "Medical consultant" means a physician licensed
142.32to practice medicine in Minnesota who is working under a written agreement with,
142.33employed by, or on contract with a community health board of health to provide advice
143.1and information, to authorize medical procedures through standing orders protocols, and
143.2to assist a community health board of health and its staff in coordinating their activities
143.3with local medical practitioners and health care institutions.

143.4    Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
143.5to read:
143.6    Subd. 15a. Performance management. "Performance management" means the
143.7systematic process of using data for decision making by identifying outcomes and
143.8standards; measuring, monitoring, and communicating progress; and engaging in quality
143.9improvement activities in order to achieve desired outcomes.

143.10    Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
143.11to read:
143.12    Subd. 15b. Performance measures. "Performance measures" means quantitative
143.13ways to define and measure performance.

143.14    Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
143.15    Subdivision 1. Establishment; assignment of responsibilities. (a) The governing
143.16body of a city or county must undertake the responsibilities of a community health board
143.17of health or establish a board of health by establishing or joining a community health
143.18board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of
143.19a board of health specified under section 145A.04.
143.20(b) A city council may ask a county or joint powers board of health to undertake
143.21the responsibilities of a board of health for the city's jurisdiction. A community health
143.22board must include within its jurisdiction a population of 30,000 or more persons or be
143.23composed of three or more contiguous counties.
143.24(c) A county board or city council within the jurisdiction of a community health
143.25board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
143.26 community health board except as specified in section 145A.10, subdivision 2 145A.131.
143.27(d) A county board or a joint powers board that establishes a community health
143.28board and has or establishes an operational human services board under chapter 402 may
143.29assign the powers and duties of a community health board to a human services board.
143.30Eligibility for funding from the commissioner will be maintained if all requirements of
143.31sections 145A.03 and 145A.04 are met.
144.1(e) Community health boards established prior to January 1, 2014, including city
144.2community health boards, are eligible to maintain their status as community health boards
144.3as outlined in this subdivision.
144.4(f) A community health board may authorize, by resolution, the community
144.5health service administrator or other designated agent or agents to act on behalf of the
144.6community health board.

144.7    Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
144.8    Subd. 2. Joint powers community health board of health. Except as preempted
144.9under section 145A.10, subdivision 2, A county may establish a joint community health
144.10board of health by agreement with one or more contiguous counties, or a an existing city
144.11community health board may establish a joint community health board of health with one
144.12or more contiguous cities in the same county, or a city may establish a joint board of health
144.13with the existing city community health boards in the same county or counties within in
144.14 which it is located. The agreements must be established according to section 471.59.

144.15    Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
144.16    Subd. 4. Membership; duties of chair. A community health board of health must
144.17have at least five members, one of whom must be elected by the members as chair and one
144.18as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
144.19of the community health board of health and sign or authorize an agent to sign contracts and
144.20other documents requiring signature on behalf of the community health board of health.

144.21    Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
144.22    Subd. 5. Meetings. A community health board of health must hold meetings at least
144.23twice a year and as determined by its rules of procedure. The board must adopt written
144.24procedures for transacting business and must keep a public record of its transactions,
144.25findings, and determinations. Members may receive a per diem plus travel and other
144.26eligible expenses while engaged in official duties.

144.27    Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a
144.28subdivision to read:
144.29    Subd. 7. Community health board; eligibility for funding. A community health
144.30board that meets the requirements of this section is eligible to receive the local public
144.31health grant under section 145A.131 and for other funds that the commissioner grants to
144.32community health boards to carry out public health activities.

145.1    Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
145.243, section 21, is amended to read:
145.3145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF
145.4HEALTH.
145.5    Subdivision 1. Jurisdiction; enforcement. (a) A county or multicounty community
145.6health board of health has the powers and duties of a board of health for all territory within
145.7its jurisdiction not under the jurisdiction of a city board of health. Under the general
145.8supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
145.9pertaining to the powers and duties of a board of health within its jurisdictional area
145.10 general responsibility for development and maintenance of a system of community health
145.11services under local administration and within a system of state guidelines and standards.
145.12(b) Under the general supervision of the commissioner, the community health board
145.13shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
145.14powers and duties within its jurisdictional area. In the case of a multicounty or city
145.15community health board, the joint powers agreement under section 145A.03, subdivision
145.162, or delegation agreement under section 145A.07 shall clearly specify enforcement
145.17authorities.
145.18(c) A member of a community health board may not withdraw from a joint powers
145.19community health board during the first two calendar years following the effective
145.20date of the initial joint powers agreement. The withdrawing member must notify the
145.21commissioner and the other parties to the agreement at least one year before the beginning
145.22of the calendar year in which withdrawal takes effect.
145.23(d) The withdrawal of a county or city from a community health board does not
145.24effect the eligibility for the local public health grant of any remaining county or city for
145.25one calendar year following the effective date of withdrawal.
145.26(e) The local public health grant for a county or city that chooses to withdraw from
145.27a multicounty community health board shall be reduced by the amount of the local
145.28partnership incentive.
145.29    Subd. 1a. Duties. Consistent with the guidelines and standards established under
145.30section 145A.06, the community health board shall:
145.31(1) identify local public health priorities and implement activities to address the
145.32priorities and the areas of public health responsibility, which include:
145.33(i) assuring an adequate local public health infrastructure by maintaining the basic
145.34foundational capacities to a well-functioning public health system that includes data
145.35analysis and utilization; health planning; partnership development and community
146.1mobilization; policy development, analysis, and decision support; communication; and
146.2public health research, evaluation, and quality improvement;
146.3(ii) promoting healthy communities and healthy behavior through activities
146.4that improve health in a population, such as investing in healthy families; engaging
146.5communities to change policies, systems, or environments to promote positive health or
146.6prevent adverse health; providing information and education about healthy communities
146.7or population health status; and addressing issues of health equity, health disparities, and
146.8the social determinants to health;
146.9(iii) preventing the spread of communicable disease by preventing diseases that are
146.10caused by infectious agents through detecting acute infectious diseases, ensuring the
146.11reporting of infectious diseases, preventing the transmission of infectious diseases, and
146.12implementing control measures during infectious disease outbreaks;
146.13(iv) protecting against environmental health hazards by addressing aspects of the
146.14environment that pose risks to human health, such as monitoring air and water quality;
146.15developing policies and programs to reduce exposure to environmental health risks and
146.16promote healthy environments; and identifying and mitigating environmental risks such as
146.17food and waterborne diseases, radiation, occupational health hazards, and public health
146.18nuisances;
146.19(v) preparing and responding to emergencies by engaging in activities that prepare
146.20public health departments to respond to events and incidents and assist communities in
146.21recovery, such as providing leadership for public health preparedness activities with
146.22a community; developing, exercising, and periodically reviewing response plans for
146.23public health threats; and developing and maintaining a system of public health workforce
146.24readiness, deployment, and response; and
146.25(vi) assuring health services by engaging in activities such as assessing the
146.26availability of health-related services and health care providers in local communities,
146.27identifying gaps and barriers in services; convening community partners to improve
146.28community health systems; and providing services identified as priorities by the local
146.29assessment and planning process; and
146.30(2) submit to the commissioner of health, at least every five years, a community
146.31health assessment and community health improvement plan, which shall be developed
146.32with input from the community and take into consideration the statewide outcomes, the
146.33areas of responsibility, and essential public health services;
146.34(3) implement a performance management process in order to achieve desired
146.35outcomes; and
147.1(4) annually report to the commissioner on a set of performance measures and be
147.2prepared to provide documentation of ability to meet the performance measures.
147.3    Subd. 2. Appointment of agent community health service (CHS) administrator.
147.4A community health board of health must appoint, employ, or contract with a person or
147.5persons CHS administrator to act on its behalf. The board shall notify the commissioner
147.6of the agent's name, address, and phone number where the agent may be reached between
147.7board meetings CHS administrator's contact information and submit a copy of the
147.8resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
147.9 The resolution must specify the types of action or actions that the CHS administrator is
147.10authorized to take on behalf of the board.
147.11    Subd. 2a. Appointment of medical consultant. The community health board shall
147.12appoint, employ, or contract with a medical consultant to ensure appropriate medical
147.13advice and direction for the community health board and assist the board and its staff in
147.14the coordination of community health services with local medical care and other health
147.15services.
147.16    Subd. 3. Employment; medical consultant employees. (a) A community health
147.17board of health may establish a health department or other administrative agency and may
147.18employ persons as necessary to carry out its duties.
147.19(b) Except where prohibited by law, employees of the community health board
147.20of health may act as its agents.
147.21(c) Employees of the board of health are subject to any personnel administration
147.22rules adopted by a city council or county board forming the board of health unless the
147.23employees of the board are within the scope of a statewide personnel administration
147.24system. Persons employed by a county, city, or the state whose functions and duties are
147.25assumed by a community health board shall become employees of the board without
147.26loss in benefits, salaries, or rights.
147.27(d) The board of health may appoint, employ, or contract with a medical consultant
147.28to receive appropriate medical advice and direction.
147.29    Subd. 4. Acquisition of property; request for and acceptance of funds;
147.30collection of fees. (a) A community health board of health may acquire and hold in the
147.31name of the county or city the lands, buildings, and equipment necessary for the purposes
147.32of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
147.33purchase, lease, or transfer of custodial control.
147.34(b) A community health board of health may accept gifts, grants, and subsidies from
147.35any lawful source, apply for and accept state and federal funds, and request and accept
147.36local tax funds.
148.1(c) A community health board of health may establish and collect reasonable fees
148.2for performing its duties and providing community health services.
148.3(d) With the exception of licensing and inspection activities, access to community
148.4health services provided by or on contract with the community health board of health must
148.5not be denied to an individual or family because of inability to pay.
148.6    Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid
148.7unnecessary duplication, and gain cost advantages, a community health board of health
148.8 may contract to provide, receive, or ensure provision of services.
148.9    Subd. 6. Investigation; reporting and control of communicable diseases. A
148.10community health board of health shall make investigations, or coordinate with any county
148.11board or city council within its jurisdiction to make investigations and reports and obey
148.12instructions on the control of communicable diseases as the commissioner may direct under
148.13section 144.12, 145A.06, subdivision 2, or 145A.07. Community health boards of health
148.14 must cooperate so far as practicable to act together to prevent and control epidemic diseases.
148.15    Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A community
148.16health board of health receiving funding for emergency preparedness or pandemic
148.17influenza planning from the state or from the United States Department of Health and
148.18Human Services shall participate in planning for emergency use of volunteer health
148.19professionals through the Minnesota Responds Medical Reserve Corps program of the
148.20Department of Health. A community health board of health shall collaborate on volunteer
148.21planning with other public and private partners, including but not limited to local or
148.22regional health care providers, emergency medical services, hospitals, tribal governments,
148.23state and local emergency management, and local disaster relief organizations.
148.24    Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A
148.25community health board of health, county, or city participating in the Minnesota Responds
148.26Medical Reserve Corps program may enter into written mutual aid agreements for
148.27deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
148.28volunteers with other community health boards of health, other political subdivisions
148.29within the state, or with tribal governments within the state. A community health board
148.30of health may also enter into agreements with the Indian Health Services of the United
148.31States Department of Health and Human Services, and with boards of health, political
148.32subdivisions, and tribal governments in bordering states and Canadian provinces.
148.33    Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When
148.34a community health board of health, county, or city finds that the prevention, mitigation,
148.35response to, or recovery from an actual or threatened public health event or emergency
148.36exceeds its local capacity, it shall use available mutual aid agreements. If the event or
149.1emergency exceeds mutual aid capacities, a community health board of health, county, or
149.2city may request the commissioner of health to mobilize Minnesota Responds Medical
149.3Reserve Corps volunteers from outside the jurisdiction of the community health board
149.4of health, county, or city.
149.5    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage.
149.6A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
149.7training or assistance at the call of a community health board of health, county, or city
149.8 must be deemed an employee of the jurisdiction for purposes of workers' compensation,
149.9tort claim defense, and indemnification.
149.10    Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a
149.11member or agent of a community health board of health, county, or city may enter a
149.12building, conveyance, or place where contagion, infection, filth, or other source or cause
149.13of preventable disease exists or is reasonably suspected.
149.14    Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the
149.15public health such as a public health nuisance, source of filth, or cause of sickness is found
149.16on any property, the community health board of health, county, city, or its agent shall order
149.17the owner or occupant of the property to remove or abate the threat within a time specified
149.18in the notice but not longer than ten days. Action to recover costs of enforcement under
149.19this subdivision must be taken as prescribed in section 145A.08.
149.20(b) Notice for abatement or removal must be served on the owner, occupant, or agent
149.21of the property in one of the following ways:
149.22(1) by registered or certified mail;
149.23(2) by an officer authorized to serve a warrant; or
149.24(3) by a person aged 18 years or older who is not reasonably believed to be a party to
149.25any action arising from the notice.
149.26(c) If the owner of the property is unknown or absent and has no known representative
149.27upon whom notice can be served, the community health board of health, county, or city,
149.28 or its agent, shall post a written or printed notice on the property stating that, unless the
149.29threat to the public health is abated or removed within a period not longer than ten days,
149.30the community health board, county, or city will have the threat abated or removed at the
149.31expense of the owner under section 145A.08 or other applicable state or local law.
149.32(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
149.33of the notice provided under paragraphs (b) and (c), then the community health board of
149.34health, county, city, or its a designated agent of the board, county, or city shall remove or
149.35abate the nuisance, source of filth, or cause of sickness described in the notice from the
149.36property.
150.1    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
150.2community health board of health, county, or city may bring an action in the court of
150.3appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
150.4has power to enforce, or to enjoin as a public health nuisance any activity or failure to
150.5act that adversely affects the public health.
150.6    Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor
150.7deliberately to deliberately hinder a member of a community health board of health,
150.8county or city, or its agent from entering a building, conveyance, or place where contagion,
150.9infection, filth, or other source or cause of preventable disease exists or is reasonably
150.10suspected, or otherwise to interfere with the performance of the duties of the board of
150.11health responsible jurisdiction.
150.12    Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for
150.13a member or agent of a community health board of health, county, or city to refuse or
150.14neglect to perform a duty imposed on a board of health an applicable jurisdiction by
150.15statute or ordinance.
150.16    Subd. 12. Other powers and duties established by law. This section does not limit
150.17powers and duties of a community health board of health, county, or city prescribed in
150.18other sections.
150.19    Subd. 13. Recommended legislation. The community health board may recommend
150.20local ordinances pertaining to community health services to any county board or city
150.21council within its jurisdiction and advise the commissioner on matters relating to public
150.22health that require assistance from the state, or that may be of more than local interest.
150.23    Subd. 14. Equal access to services. The community health board must ensure that
150.24community health services are accessible to all persons on the basis of need. No one shall
150.25be denied services because of race, color, sex, age, language, religion, nationality, inability
150.26to pay, political persuasion, or place of residence.
150.27    Subd. 15. State and local advisory committees. (a) A state community
150.28health services advisory committee is established to advise, consult with, and make
150.29recommendations to the commissioner on the development, maintenance, funding, and
150.30evaluation of local public health services. Each community health board may appoint a
150.31member to serve on the committee. The committee must meet at least quarterly, and
150.32special meetings may be called by the committee chair or a majority of the members.
150.33Members or their alternates may be reimbursed for travel and other necessary expenses
150.34while engaged in their official duties.
150.35(b) Notwithstanding section 15.059, the State Community Health Services Advisory
150.36Committee does not expire.
151.1(c) The city boards or county boards that have established or are members of a
151.2community health board may appoint a community health advisory to advise, consult
151.3with, and make recommendations to the community health board on the duties under
151.4subdivision 1a.

151.5    Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
151.6    Subd. 2. Animal control. In addition to powers under sections 35.67 to 35.69, a
151.7county board, city council, or municipality may adopt ordinances to issue licenses or
151.8otherwise regulate the keeping of animals, to restrain animals from running at large, to
151.9authorize the impounding and sale or summary destruction of animals, and to establish
151.10pounds.

151.11    Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
151.12    Subd. 2. Supervision of local enforcement. (a) In the absence of provision for a
151.13community health board of health, the commissioner may appoint three or more persons
151.14to act as a board until one is established. The commissioner may fix their compensation,
151.15which the county or city must pay.
151.16(b) The commissioner by written order may require any two or more community
151.17health boards of health, counties, or cities to act together to prevent or control epidemic
151.18diseases.
151.19(c) If a community health board, county, or city fails to comply with section 145A.04,
151.20subdivision 6
, the commissioner may employ medical and other help necessary to control
151.21communicable disease at the expense of the board of health jurisdiction involved.
151.22(d) If the commissioner has reason to believe that the provisions of this chapter have
151.23been violated, the commissioner shall inform the attorney general and submit information
151.24to support the belief. The attorney general shall institute proceedings to enforce the
151.25provisions of this chapter or shall direct the county attorney to institute proceedings.

151.26    Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a
151.27subdivision to read:
151.28    Subd. 3a. Assistance to community health boards. The commissioner shall help
151.29and advise community health boards that ask for assistance in developing, administering,
151.30and carrying out public health services and programs. This assistance may consist of,
151.31but is not limited to:
151.32(1) informational resources, consultation, and training to assist community health
151.33boards plan, develop, integrate, provide, and evaluate community health services; and
152.1(2) administrative and program guidelines and standards developed with the advice
152.2of the State Community Health Services Advisory Committee.

152.3    Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a
152.4subdivision to read:
152.5    Subd. 3b. Personnel standards. In accordance with chapter 14, and in consultation
152.6with the State Community Health Services Advisory Committee, the commissioner
152.7may adopt rules to set standards for administrative and program personnel to ensure
152.8competence in administration and planning.

152.9    Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
152.10    Subd. 5. Deadly infectious diseases. The commissioner shall promote measures
152.11aimed at preventing businesses from facilitating sexual practices that transmit deadly
152.12infectious diseases by providing technical advice to community health boards of health
152.13 to assist them in regulating these practices or closing establishments that constitute
152.14a public health nuisance.

152.15    Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a
152.16subdivision to read:
152.17    Subd. 5a. System-level performance management. To improve public health
152.18and ensure the integrity and accountability of the statewide local public health system,
152.19the commissioner, in consultation with the State Community Health Services Advisory
152.20Committee, shall develop performance measures and implement a process to monitor
152.21statewide outcomes and performance improvement.

152.22    Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
152.23    Subd. 6. Health volunteer program. (a) The commissioner may accept grants from
152.24the United States Department of Health and Human Services for the emergency system
152.25for the advanced registration of volunteer health professionals (ESAR-VHP) established
152.26under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
152.27implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
152.28(b) The commissioner may maintain a registry of volunteers for the Minnesota
152.29Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
152.30deployments within and outside the state. All state licensing and certifying boards
152.31shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
153.1volunteers' information. The commissioner may also obtain information from other states
153.2and national licensing or certifying boards for health practitioners.
153.3(c) The commissioner may share volunteers' data, including any data classified
153.4as private data, from the Minnesota Responds Medical Reserve Corps registry with
153.5community health boards of health, cities or counties, the University of Minnesota's
153.6Academic Health Center or other public or private emergency preparedness partners, or
153.7tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
153.8for credentialing, organizing, training, and deploying volunteers. Upon request of another
153.9state participating in the ESAR-VHP or of a Canadian government administering a similar
153.10health volunteer program, the commissioner may also share the volunteers' data as needed
153.11for emergency preparedness and response.

153.12    Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
153.13amended to read:
153.14    Subd. 7. Commissioner requests for health volunteers. (a) When the
153.15commissioner receives a request for health volunteers from:
153.16(1) a local board of health community health board, county, or city according to
153.17section 145A.04, subdivision 6c;
153.18(2) the University of Minnesota Academic Health Center;
153.19(3) another state or a territory through the Interstate Emergency Management
153.20Assistance Compact authorized under section 192.89;
153.21(4) the federal government through ESAR-VHP or another similar program; or
153.22(5) a tribal or Canadian government;
153.23the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
153.24Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
153.25the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
153.26respond to the request. The commissioner may also ask for Minnesota Responds Medical
153.27Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
153.28(b) The commissioner may request Minnesota Responds Medical Reserve Corps
153.29volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
153.30or temporary units providing emergency patient stabilization, medical transport, or
153.31ambulatory care. The commissioner may utilize the volunteers for training, mobilization
153.32or demobilization, inspection, maintenance, repair, or other support functions for the
153.33MMU facility or for other emergency units, as well as for provision of health care services.
153.34(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
153.35Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
154.1compensation provided by the volunteer's employer during volunteer service requested by
154.2the commissioner. An employer is not liable for actions of an employee while serving as a
154.3Minnesota Responds Medical Reserve Corps volunteer.
154.4(d) If the commissioner matches the request under paragraph (a) with Minnesota
154.5Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
154.6of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
154.7the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
154.8sending and receiving jurisdictions in monitoring deployments, and shall coordinate
154.9efforts with the division of homeland security and emergency management for out-of-state
154.10deployments through the Interstate Emergency Management Assistance Compact or
154.11other emergency management compacts.
154.12(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
154.13Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
154.14apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
154.15across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
154.16the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
154.17as of their initial deployment in response to the event or emergency that triggered a
154.18subsequent commissioner's call.
154.19(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
154.20request for training or assistance at the call of the commissioner must be deemed an
154.21employee of the state for purposes of workers' compensation and tort claim defense and
154.22indemnification under section 3.736, without regard to whether the volunteer's activity is
154.23under the direction and control of the commissioner, the division of homeland security
154.24and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
154.25hospital, alternate care site, or other health care provider treating patients from the public
154.26health event or emergency.
154.27(2) For purposes of calculating workers' compensation benefits under chapter 176,
154.28the daily wage must be the usual wage paid at the time of injury or death for similar services
154.29performed by paid employees in the community where the volunteer regularly resides, or
154.30the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
154.31(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
154.32reimbursement for travel and subsistence expenses during a deployment approved by the
154.33commissioner under this subdivision according to reimbursement limits established for
154.34paid state employees. Deployment begins when the volunteer leaves on the deployment
154.35until the volunteer returns from the deployment, including all travel related to the
154.36deployment. The Department of Health shall initially review and pay those expenses to
155.1the volunteer. Except as otherwise provided by the Interstate Emergency Management
155.2Assistance Compact in section 192.89 or agreements made thereunder, the department
155.3shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
155.4department for expenses of the volunteers.
155.5(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
155.6deployed outside the state pursuant to the Interstate Emergency Management Assistance
155.7Compact, the provisions of the Interstate Emergency Management Assistance Compact
155.8must control over any inconsistent provisions in this section.
155.9(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
155.10for workers' compensation arising out of a deployment under this section or out of a
155.11training exercise conducted by the commissioner, the volunteer's workers compensation
155.12benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
155.13volunteer may also qualify under other clauses of section 176.011, subdivision 9.

155.14    Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
155.15    Subdivision 1. Agreements to perform duties of commissioner. (a) The
155.16commissioner of health may enter into an agreement with any community health board of
155.17health, county, or city to delegate all or part of the licensing, inspection, reporting, and
155.18enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to
155.19144.417 ; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining
155.20to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14
155.21to 327.28.
155.22(b) Agreements are subject to subdivision 3.
155.23(c) This subdivision does not affect agreements entered into under Minnesota
155.24Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

155.25    Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
155.26    Subd. 2. Agreements to perform duties of community health board of health.
155.27A community health board of health may authorize a township board, city council, or
155.28county board within its jurisdiction to establish a board of health under section 145A.03
155.29 and delegate to the board of health by agreement any powers or duties under sections
155.30145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community
155.31health board responsibilities. An agreement to delegate community health board powers
155.32and duties of a board of health to a county or city must be approved by the commissioner
155.33and is subject to subdivision 3.

156.1    Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
156.2145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
156.3    Subdivision 1. Cost of care. A person who has or whose dependent or spouse has a
156.4communicable disease that is subject to control by the community health board of health is
156.5financially liable to the unit or agency of government that paid for the reasonable cost of
156.6care provided to control the disease under section 145A.04, subdivision 6.
156.7    Subd. 2. Assessment of costs of enforcement. (a) If costs are assessed for
156.8enforcement of section 145A.04, subdivision 8, and no procedure for the assessment
156.9of costs has been specified in an agreement established under section 145A.07, the
156.10enforcement costs must be assessed as prescribed in this subdivision.
156.11(b) A debt or claim against an individual owner or single piece of real property
156.12resulting from an enforcement action authorized by section 145A.04, subdivision 8, must
156.13not exceed the cost of abatement or removal.
156.14(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be
156.15assessed and charged against the real property on which the public health nuisance, source
156.16of filth, or cause of sickness was located. The auditor of the county in which the action is
156.17taken shall extend the cost so assessed and charged on the tax roll of the county against the
156.18real property on which the enforcement action was taken.
156.19(d) The cost of an enforcement action taken by a town or city board of health under
156.20section 145A.04, subdivision 8, may be recovered from the county in which the town or
156.21city is located if the city clerk or other officer certifies the costs of the enforcement action
156.22to the county auditor as prescribed in this section. Taxes equal to the full amount of the
156.23enforcement action but not exceeding the limit in paragraph (b) must be collected by the
156.24county treasurer and paid to the city or town as other taxes are collected and paid.
156.25    Subd. 3. Tax levy authorized. A city council or county board that has formed or is
156.26a member of a community health board of health may levy taxes on all taxable property in
156.27its jurisdiction to pay the cost of performing its duties under this chapter.

156.28    Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
156.29    Subd. 2. Levying taxes. In levying taxes authorized under section 145A.08,
156.30subdivision 3
, a city council or county board that has formed or is a member of a
156.31community health board must consider the income and expenditures required to meet
156.32local public health priorities established under section 145A.10, subdivision 5a 145A.04,
156.33subdivision 1a, clause (2), and statewide outcomes established under section 145A.12,
156.34subdivision 7
145A.04, subdivision 1a, clause (1).

157.1    Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
157.2145A.131 LOCAL PUBLIC HEALTH GRANT.
157.3    Subdivision 1. Funding formula for community health boards. (a) Base funding
157.4for each community health board eligible for a local public health grant under section
157.5145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community
157.6health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
157.7programs: community health services subsidy; state and federal maternal and child health
157.8special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
157.9youth risk behavior grants; and available women, infants, and children grant funds in fiscal
157.10year 2003, prior to unallotment, distributed based on the proportion of WIC participants
157.11served in fiscal year 2003 within the CHS service area.
157.12(b) Base funding for a community health board eligible for a local public health grant
157.13under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph
157.14(a), shall be adjusted by the percentage difference between the base, as calculated in
157.15paragraph (a), and the funding available for the local public health grant.
157.16(c) Multicounty or multicity community health boards shall receive a local
157.17partnership base of up to $5,000 per year for each county or city in the case of a multicity
157.18community health board included in the community health board.
157.19(d) The State Community Health Advisory Committee may recommend a formula to
157.20the commissioner to use in distributing state and federal funds to community health boards
157.21organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally
157.22identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04,
157.23subdivision 1a, for use in distributing funds to community health boards beginning
157.24January 1, 2006, and thereafter.
157.25    Subd. 2. Local match. (a) A community health board that receives a local public
157.26health grant shall provide at least a 75 percent match for the state funds received through
157.27the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
157.28(b) Eligible funds must be used to meet match requirements. Eligible funds include
157.29funds from local property taxes, reimbursements from third parties, fees, other local funds,
157.30and donations or nonfederal grants that are used for community health services described
157.31in section 145A.02, subdivision 6.
157.32(c) When the amount of local matching funds for a community health board is less
157.33than the amount required under paragraph (a), the local public health grant provided for
157.34that community health board under this section shall be reduced proportionally.
158.1(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
158.2that levies a tax for provision of community health services is exempt from any county
158.3levy for the same services to the extent of the levy imposed by the city.
158.4    Subd. 3. Accountability. (a) Community health boards accepting local public health
158.5grants must document progress toward the statewide outcomes established in section
158.6145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
158.7 meet all of the requirements and perform all of the duties described in sections 145A.03
158.8and 145A.04, to maintain eligibility to receive the local public health grant.
158.9(b) In determining whether or not the community health board is documenting
158.10progress toward statewide outcomes, the commissioner shall consider the following factors:
158.11(1) whether the community health board has documented progress to meeting
158.12essential local activities related to the statewide outcomes, as specified in the grant
158.13agreement;
158.14(2) the effort put forth by the community health board toward the selected statewide
158.15outcomes;
158.16(3) whether the community health board has previously failed to document progress
158.17toward selected statewide outcomes under this section;
158.18(4) the amount of funding received by the community health board to address the
158.19statewide outcomes; and
158.20(5) other factors as the commissioner may require, if the commissioner specifically
158.21identifies the additional factors in the commissioner's written notice of determination.
158.22(c) If the commissioner determines that a community health board has not by
158.23the applicable deadline documented progress toward the selected statewide outcomes
158.24established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
158.25notify the community health board in writing and recommend specific actions that the
158.26community health board should take over the following 12 months to maintain eligibility
158.27for the local public health grant.
158.28(d) During the 12 months following the written notification, the commissioner shall
158.29provide administrative and program support to assist the community health board in
158.30taking the actions recommended in the written notification.
158.31(e) If the community health board has not taken the specific actions recommended by
158.32the commissioner within 12 months following written notification, the commissioner may
158.33determine not to distribute funds to the community health board under section 145A.12,
158.34subdivision 2
, for the next fiscal year.
159.1(f) If the commissioner determines not to distribute funds for the next fiscal year, the
159.2commissioner must give the community health board written notice of this determination
159.3and allow the community health board to appeal the determination in writing.
159.4(g) If the commissioner determines not to distribute funds for the next fiscal year
159.5to a community health board that has not documented progress toward the statewide
159.6outcomes and not taken the actions recommended by the commissioner, the commissioner
159.7may retain local public health grant funds that the community health board would have
159.8otherwise received and directly carry out essential local activities to meet the statewide
159.9outcomes, or contract with other units of government or community-based organizations
159.10to carry out essential local activities related to the statewide outcomes.
159.11(h) If the community health board that does not document progress toward the
159.12statewide outcomes is a city, the commissioner shall distribute the local public health
159.13funds that would have been allocated to that city to the county in which the city is located,
159.14if that county is part of a community health board.
159.15(i) The commissioner shall establish a reporting system by which community health
159.16boards will document their progress toward statewide outcomes. This system will be
159.17developed in consultation with the State Community Health Services Advisory Committee
159.18established in section 145A.10, subdivision 10, paragraph (a).
159.19(b) By January 1 of each year, the commissioner shall notify community health
159.20boards of the performance-related accountability requirements of the local public health
159.21grant for that calendar year. Performance-related accountability requirements will be
159.22comprised of a subset of the annual performance measures and will be selected in
159.23consultation with the State Community Health Services Advisory Committee.
159.24(c) If the commissioner determines that a community health board has not met the
159.25accountability requirements, the commissioner shall notify the community health board in
159.26writing and recommend specific actions the community health board must take over the
159.27next six months in order to maintain eligibility for the Local Public Health Act grant.
159.28(d) Following the written notification in paragraph (c), the commissioner shall
159.29provide administrative and program support to assist the community health board as
159.30required in section 145A.06, subdivision 3a.
159.31(e) The commissioner shall provide the community health board two months
159.32following the written notification to appeal the determination in writing.
159.33(f) If the community health board has not submitted an appeal within two months
159.34or has not taken the specific actions recommended by the commissioner within six
159.35months following written notification, the commissioner may elect to not reimburse
159.36invoices for funds submitted after the six-month compliance period and shall reduce by
160.11/12 the community health board's annual award allocation for every successive month
160.2of noncompliance.
160.3(g) The commissioner may retain the amount of funding that would have been
160.4allocated to the community health board and assume responsibility for public health
160.5activities in the geographic area served by the community health board.
160.6    Subd. 4. Responsibility of commissioner to ensure a statewide public health
160.7system. If a county withdraws from a community health board and operates as a board of
160.8health or If a community health board elects not to accept the local public health grant,
160.9the commissioner may retain the amount of funding that would have been allocated to
160.10the community health board using the formula described in subdivision 1 and assume
160.11responsibility for public health activities to meet the statewide outcomes in the geographic
160.12area served by the board of health or community health board. The commissioner may
160.13elect to directly provide public health activities to meet the statewide outcomes or contract
160.14with other units of government or with community-based organizations. If a city that is
160.15currently a community health board withdraws from a community health board or elects
160.16not to accept the local public health grant, the local public health grant funds that would
160.17have been allocated to that city shall be distributed to the county in which the city is
160.18located, if the county is part of a community health board.
160.19    Subd. 5. Local public health priorities Use of funds. Community health boards
160.20may use their local public health grant to address local public health priorities identified
160.21under section 145A.10, subdivision 5a. funds to address the areas of public health
160.22responsibility and local priorities developed through the community health assessment and
160.23community health improvement planning process.

160.24    Sec. 28. REVISOR'S INSTRUCTION.
160.25(a) The revisor shall change the terms "board of health" or "local board of health" or
160.26any derivative of those terms to "community health board" where it appears in Minnesota
160.27Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
160.28(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
160.29subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
160.30subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
160.316; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
160.32subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
160.33375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
160.34(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
160.35to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
161.1subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
161.238.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
161.3subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
161.4144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
161.5144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
161.6subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

161.7    Sec. 29. REPEALER.
161.8Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
161.93 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
161.105a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall
161.11remove cross-references to these repealed sections and make changes necessary to correct
161.12punctuation, grammar, or structure of the remaining text.

161.13ARTICLE 8
161.14CONTINUING CARE

161.15    Section 1. Minnesota Statutes 2012, section 245A.155, subdivision 1, is amended to
161.16read:
161.17    Subdivision 1. Licensed foster care and respite care. This section applies to
161.18foster care agencies and licensed foster care providers who place, supervise, or care for
161.19individuals who rely on medical monitoring equipment to sustain life or monitor a medical
161.20condition that could become life-threatening without proper use of the medical equipment
161.21 in respite care or foster care.

161.22    Sec. 2. Minnesota Statutes 2012, section 245A.155, subdivision 2, is amended to read:
161.23    Subd. 2. Foster care agency requirements. In order for an agency to place an
161.24individual who relies on medical equipment to sustain life or monitor a medical condition
161.25that could become life-threatening without proper use of the medical equipment with a
161.26foster care provider, the agency must ensure that the foster care provider has received the
161.27training to operate such equipment as observed and confirmed by a qualified source,
161.28and that the provider:
161.29(1) is currently caring for an individual who is using the same equipment in the
161.30foster home; or
161.31(2) has written documentation that the foster care provider has cared for an
161.32individual who relied on such equipment within the past six months; or
162.1(3) has successfully completed training with the individual being placed with the
162.2provider.

162.3    Sec. 3. Minnesota Statutes 2012, section 245A.155, subdivision 3, is amended to read:
162.4    Subd. 3. Foster care provider requirements. A foster care provider shall not care
162.5for an individual who relies on medical equipment to sustain life or monitor a medical
162.6condition that could become life-threatening without proper use of the medical equipment
162.7 unless the provider has received the training to operate such equipment as observed and
162.8confirmed by a qualified source, and:
162.9(1) is currently caring for an individual who is using the same equipment in the
162.10foster home; or
162.11(2) has written documentation that the foster care provider has cared for an
162.12individual who relied on such equipment within the past six months; or
162.13(3) has successfully completed training with the individual being placed with the
162.14provider.

162.15    Sec. 4. Minnesota Statutes 2012, section 245A.65, subdivision 2, is amended to read:
162.16    Subd. 2. Abuse prevention plans. All license holders shall establish and enforce
162.17ongoing written program abuse prevention plans and individual abuse prevention plans as
162.18required under section 626.557, subdivision 14.
162.19(a) The scope of the program abuse prevention plan is limited to the population,
162.20physical plant, and environment within the control of the license holder and the location
162.21where licensed services are provided. In addition to the requirements in section 626.557,
162.22subdivision 14
, the program abuse prevention plan shall meet the requirements in clauses
162.23(1) to (5).
162.24(1) The assessment of the population shall include an evaluation of the following
162.25factors: age, gender, mental functioning, physical and emotional health or behavior of the
162.26client; the need for specialized programs of care for clients; the need for training of staff to
162.27meet identified individual needs; and the knowledge a license holder may have regarding
162.28previous abuse that is relevant to minimizing risk of abuse for clients.
162.29(2) The assessment of the physical plant where the licensed services are provided
162.30shall include an evaluation of the following factors: the condition and design of the
162.31building as it relates to the safety of the clients; and the existence of areas in the building
162.32which are difficult to supervise.
162.33(3) The assessment of the environment for each facility and for each site when living
162.34arrangements are provided by the agency shall include an evaluation of the following
163.1factors: the location of the program in a particular neighborhood or community; the type
163.2of grounds and terrain surrounding the building; the type of internal programming; and
163.3the program's staffing patterns.
163.4(4) The license holder shall provide an orientation to the program abuse prevention
163.5plan for clients receiving services. If applicable, the client's legal representative must be
163.6notified of the orientation. The license holder shall provide this orientation for each new
163.7person within 24 hours of admission, or for persons who would benefit more from a later
163.8orientation, the orientation may take place within 72 hours.
163.9(5) The license holder's governing body or the governing body's delegated
163.10representative shall review the plan at least annually using the assessment factors in the
163.11plan and any substantiated maltreatment findings that occurred since the last review. The
163.12governing body or the governing body's delegated representative shall revise the plan,
163.13if necessary, to reflect the review results.
163.14(6) A copy of the program abuse prevention plan shall be posted in a prominent
163.15location in the program and be available upon request to mandated reporters, persons
163.16receiving services, and legal representatives.
163.17(b) In addition to the requirements in section 626.557, subdivision 14, the individual
163.18abuse prevention plan shall meet the requirements in clauses (1) and (2).
163.19(1) The plan shall include a statement of measures that will be taken to minimize the
163.20risk of abuse to the vulnerable adult when the individual assessment required in section
163.21626.557, subdivision 14 , paragraph (b), indicates the need for measures in addition to the
163.22specific measures identified in the program abuse prevention plan. The measures shall
163.23include the specific actions the program will take to minimize the risk of abuse within
163.24the scope of the licensed services, and will identify referrals made when the vulnerable
163.25adult is susceptible to abuse outside the scope or control of the licensed services. When
163.26the assessment indicates that the vulnerable adult does not need specific risk reduction
163.27measures in addition to those identified in the program abuse prevention plan, the
163.28individual abuse prevention plan shall document this determination.
163.29(2) An individual abuse prevention plan shall be developed for each new person as
163.30part of the initial individual program plan or service plan required under the applicable
163.31licensing rule. The review and evaluation of the individual abuse prevention plan shall
163.32be done as part of the review of the program plan or service plan. The person receiving
163.33services shall participate in the development of the individual abuse prevention plan to the
163.34full extent of the person's abilities. If applicable, the person's legal representative shall be
163.35given the opportunity to participate with or for the person in the development of the plan.
163.36The interdisciplinary team shall document the review of all abuse prevention plans at least
164.1annually, using the individual assessment and any reports of abuse relating to the person.
164.2The plan shall be revised to reflect the results of this review.

164.3    Sec. 5. Minnesota Statutes 2013 Supplement, section 245D.02, is amended by adding a
164.4subdivision to read:
164.5    Subd. 37. Working day. "Working day" means Monday, Tuesday, Wednesday,
164.6Thursday, or Friday, excluding any legal holiday.

164.7    Sec. 6. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1, is
164.8amended to read:
164.9    Subdivision 1. Health needs. (a) The license holder is responsible for meeting health
164.10service needs assigned in the coordinated service and support plan or the coordinated
164.11service and support plan addendum, consistent with the person's health needs. The license
164.12holder is responsible for promptly notifying the person's legal representative, if any, and
164.13the case manager of changes in a person's physical and mental health needs affecting
164.14health service needs assigned to the license holder in the coordinated service and support
164.15plan or the coordinated service and support plan addendum, when within 24 hours of being
164.16 discovered by the license holder, or as directed in the coordinated service and support plan
164.17or support plan addendum, unless the license holder has reason to know the change has
164.18already been reported. The license holder must document when the notice is provided.
164.19(b) If responsibility for meeting the person's health service needs has been assigned
164.20to the license holder in the coordinated service and support plan or the coordinated service
164.21and support plan addendum, the license holder must maintain documentation on how the
164.22person's health needs will be met, including a description of the procedures the license
164.23holder will follow in order to:
164.24(1) provide medication assistance or medication administration according to this
164.25chapter;
164.26(2) monitor health conditions according to written instructions from a licensed
164.27health professional;
164.28(3) assist with or coordinate medical, dental, and other health service appointments; or
164.29(4) use medical equipment, devices, or adaptive aides or technology safely and
164.30correctly according to written instructions from a licensed health professional.

164.31    Sec. 7. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1b, is
164.32amended to read:
165.1    Subd. 1b. Medication assistance. If responsibility for medication assistance
165.2is assigned to the license holder in the coordinated service and support plan or the
165.3coordinated service and support plan addendum, the license holder must ensure that
165.4the requirements of subdivision 2, paragraph (b), have been met when staff provides
165.5 medication assistance must be provided to enable a person to self-administer medication
165.6or treatment when the person is capable of directing the person's own care, or when the
165.7person's legal representative is present and able to direct care for the person. For the
165.8purposes of this subdivision, "medication assistance" means any of the following:
165.9(1) bringing to the person and opening a container of previously set up medications,
165.10emptying the container into the person's hand, or opening and giving the medications in
165.11the original container to the person;
165.12(2) bringing to the person liquids or food to accompany the medication; or
165.13(3) providing reminders, in person, remotely, or through programming devices
165.14such as telephones, alarms, or medication boxes, to take regularly scheduled medication
165.15or perform regularly scheduled treatments and exercises.

165.16    Sec. 8. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1, is
165.17amended to read:
165.18    Subdivision 1. Incident response and reporting. (a) The license holder must
165.19respond to incidents under section 245D.02, subdivision 11, that occur while providing
165.20services to protect the health and safety of and minimize risk of harm to the person.
165.21(b) The license holder must maintain information about and report incidents to the
165.22person's legal representative or designated emergency contact and case manager within
165.2324 hours of an incident occurring while services are being provided, within 24 hours of
165.24discovery or receipt of information that an incident occurred, unless the license holder
165.25has reason to know that the incident has already been reported, or as otherwise directed
165.26in a person's coordinated service and support plan or coordinated service and support
165.27plan addendum. An incident of suspected or alleged maltreatment must be reported as
165.28required under paragraph (d), and an incident of serious injury or death must be reported
165.29as required under paragraph (e).
165.30(c) When the incident involves more than one person, the license holder must not
165.31disclose personally identifiable information about any other person when making the report
165.32to each person and case manager unless the license holder has the consent of the person.
165.33(d) Within 24 hours of reporting maltreatment as required under section 626.556
165.34or 626.557, the license holder must inform the case manager of the report unless there is
165.35reason to believe that the case manager is involved in the suspected maltreatment. The
166.1license holder must disclose the nature of the activity or occurrence reported and the
166.2agency that received the report.
166.3(e) The license holder must report the death or serious injury of the person as
166.4required in paragraph (b) and to the Department of Human Services Licensing Division,
166.5and the Office of Ombudsman for Mental Health and Developmental Disabilities as
166.6required under section 245.94, subdivision 2a, within 24 hours of the death or serious
166.7injury, or receipt of information that the death or serious injury occurred, unless the license
166.8holder has reason to know that the death or serious injury has already been reported.
166.9(f) When a death or serious injury occurs in a facility certified as an intermediate
166.10care facility for persons with developmental disabilities, the death or serious injury must
166.11be reported to the Department of Health, Office of Health Facility Complaints, and the
166.12Office of Ombudsman for Mental Health and Developmental Disabilities, as required
166.13under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to
166.14know that the death or serious injury has already been reported.
166.15(g) The license holder must conduct an internal review of incident reports of deaths
166.16and serious injuries that occurred while services were being provided and that were not
166.17reported by the program as alleged or suspected maltreatment, for identification of incident
166.18patterns, and implementation of corrective action as necessary to reduce occurrences.
166.19The review must include an evaluation of whether related policies and procedures were
166.20followed, whether the policies and procedures were adequate, whether there is a need for
166.21additional staff training, whether the reported event is similar to past events with the
166.22persons or the services involved, and whether there is a need for corrective action by the
166.23license holder to protect the health and safety of persons receiving services. Based on
166.24the results of this review, the license holder must develop, document, and implement a
166.25corrective action plan designed to correct current lapses and prevent future lapses in
166.26performance by staff or the license holder, if any.
166.27(h) The license holder must verbally report the emergency use of manual restraint of
166.28a person as required in paragraph (b) within 24 hours of the occurrence. The license holder
166.29must ensure the written report and internal review of all incident reports of the emergency
166.30use of manual restraints are completed according to the requirements in section 245D.061.

166.31    Sec. 9. Minnesota Statutes 2013 Supplement, section 245D.07, subdivision 2, is
166.32amended to read:
166.33    Subd. 2. Service planning requirements for basic support services. (a) License
166.34holders providing basic support services or intensive support services identified in section
167.1245D.03, subdivision 1, paragraph (c), clauses (1) and (2), must meet the requirements
167.2of this subdivision.
167.3(b) Within 15 calendar days of service initiation the license holder must complete
167.4a preliminary coordinated service and support plan addendum based on the coordinated
167.5service and support plan.
167.6(c) Within 60 calendar days of service initiation the license holder must review
167.7and revise as needed the preliminary coordinated service and support plan addendum to
167.8document the services that will be provided including how, when, and by whom services
167.9will be provided, and the person responsible for overseeing the delivery and coordination
167.10of services.
167.11(d) The license holder must participate in service planning and support team
167.12meetings for the person following stated timelines established in the person's coordinated
167.13service and support plan or as requested by the person or the person's legal representative,
167.14the support team or the expanded support team.

167.15    Sec. 10. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1,
167.16is amended to read:
167.17    Subdivision 1. Requirements for intensive support services. Except for services
167.18identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), a license
167.19holder providing intensive support services identified in section 245D.03, subdivision 1,
167.20paragraph (c), must comply with the requirements in this section and section 245D.07,
167.21subdivisions 1
and 3.

167.22    Sec. 11. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 3,
167.23is amended to read:
167.24    Subd. 3. Assessment and initial service planning. (a) Within 15 calendar days of
167.25service initiation the license holder must complete a preliminary coordinated service and
167.26support plan addendum based on the coordinated service and support plan.
167.27(b) Within 45 calendar days of service initiation the license holder must meet with
167.28the person, the person's legal representative, the case manager, and other members of the
167.29support team or expanded support team to assess and determine the following based on the
167.30person's coordinated service and support plan and the requirements in subdivision 4 and
167.31section 245D.07, subdivision 1a:
167.32(1) the scope of the services to be provided to support the person's daily needs
167.33and activities;
168.1(2) the person's desired outcomes and the supports necessary to accomplish the
168.2person's desired outcomes;
168.3(3) the person's preferences for how services and supports are provided;
168.4(4) whether the current service setting is the most integrated setting available and
168.5appropriate for the person; and
168.6(5) how services must be coordinated across other providers licensed under this
168.7chapter serving the same person to ensure continuity of care for the person.
168.8(c) Within the scope of services, the license holder must, at a minimum, assess
168.9the following areas:
168.10(1) the person's ability to self-manage health and medical needs to maintain or
168.11improve physical, mental, and emotional well-being, including, when applicable, allergies,
168.12seizures, choking, special dietary needs, chronic medical conditions, self-administration
168.13of medication or treatment orders, preventative screening, and medical and dental
168.14appointments;
168.15(2) the person's ability to self-manage personal safety to avoid injury or accident in
168.16the service setting, including, when applicable, risk of falling, mobility, regulating water
168.17temperature, community survival skills, water safety skills, and sensory disabilities; and
168.18(3) the person's ability to self-manage symptoms or behavior that may otherwise
168.19result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7),
168.20suspension or termination of services by the license holder, or other symptoms or
168.21behaviors that may jeopardize the health and safety of the person or others.
168.22The assessments must produce information about the person that is descriptive of the
168.23person's overall strengths, functional skills and abilities, and behaviors or symptoms.

168.24    Sec. 12. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4,
168.25is amended to read:
168.26    Subd. 4. Service outcomes and supports. (a) Within ten working days of the
168.2745-day meeting, the license holder must develop and document the service outcomes and
168.28supports based on the assessments completed under subdivision 3 and the requirements
168.29in section 245D.07, subdivision 1a. The outcomes and supports must be included in the
168.30coordinated service and support plan addendum.
168.31(b) The license holder must document the supports and methods to be implemented
168.32to support the accomplishment of outcomes related to acquiring, retaining, or improving
168.33skills. The documentation must include:
168.34(1) the methods or actions that will be used to support the person and to accomplish
168.35the service outcomes, including information about:
169.1(i) any changes or modifications to the physical and social environments necessary
169.2when the service supports are provided;
169.3(ii) any equipment and materials required; and
169.4(iii) techniques that are consistent with the person's communication mode and
169.5learning style;
169.6(2) the measurable and observable criteria for identifying when the desired outcome
169.7has been achieved and how data will be collected;
169.8(3) the projected starting date for implementing the supports and methods and
169.9the date by which progress towards accomplishing the outcomes will be reviewed and
169.10evaluated; and
169.11(4) the names of the staff or position responsible for implementing the supports
169.12and methods.
169.13(c) Within 20 working days of the 45-day meeting, the license holder must submit
169.14to and obtain dated signatures from the person or the person's legal representative and
169.15case manager to document completion and approval of the assessment and coordinated
169.16service and support plan addendum. If, within ten working days of the submission of the
169.17assessment or coordinated service and support plan addendum, the person or the person's
169.18legal representative or case manager has not signed and returned to the license holder the
169.19assessment and coordinated service and support plan addendum or has not proposed
169.20written modifications to the license holder's submission, the submission is deemed
169.21approved and the assessment and coordinated service and support plan addendum become
169.22effective and remain in effect until the legal representative or case manager submits a
169.23written request to revise the assessment or coordinated service and support plan addendum.

169.24    Sec. 13. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 5,
169.25is amended to read:
169.26    Subd. 5. Progress reviews. (a) The license holder must give the person or the
169.27person's legal representative and case manager an opportunity to participate in the ongoing
169.28review and development of the methods used to support the person and accomplish
169.29outcomes identified in subdivisions 3 and 4. The license holder, in coordination with
169.30the person's support team or expanded support team, must meet with the person, the
169.31person's legal representative, and the case manager, and participate in progress review
169.32meetings following stated timelines established in the person's coordinated service and
169.33support plan or coordinated service and support plan addendum or within 30 days of a
169.34written request by the person, the person's legal representative, or the case manager,
169.35at a minimum of once per year.
170.1(b) The license holder must summarize the person's progress toward achieving the
170.2identified outcomes and make recommendations and identify the rationale for changing,
170.3continuing, or discontinuing implementation of supports and methods identified in
170.4subdivision 4 in a written report sent to the person or the person's legal representative and
170.5case manager five working days prior to the review meeting, unless the person, the person's
170.6legal representative, or the case manager requests to receive the in a report available at
170.7the time of the progress review meeting. The report must be sent five working days prior
170.8to the progress review meeting if requested by the team in the coordinated service and
170.9support plan or coordinated service and support plan addendum. Within 60 calendar days
170.10of service initiation, the license holder must document the preference of the person or the
170.11person's legal representative and the case manager regarding receiving written reports. The
170.12license holder must document changes to those preferences when changes are requested.
170.13(c) Within ten working days of the progress review meeting, the license holder
170.14must obtain dated signatures from the person or the person's legal representative and
170.15the case manager to document approval of any changes to the coordinated service and
170.16support plan addendum.
170.17(d) If, within ten working days of the submission of the changes to the coordinated
170.18service and support plan addendum, the person or the person's legal representative or case
170.19manager has not signed and returned to the license holder the coordinated service and
170.20support plan addendum or has not proposed written modifications to the license holder's
170.21submission, the submission is deemed approved and the coordinated service and support
170.22plan addendum becomes effective and remains in effect until the legal representative or
170.23case manager submits a written request to revise the coordinated service and support plan.

170.24    Sec. 14. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 3, is
170.25amended to read:
170.26    Subd. 3. Staff qualifications. (a) The license holder must ensure that staff providing
170.27direct support, or staff who have responsibilities related to supervising or managing the
170.28provision of direct support service, are competent as demonstrated through skills and
170.29knowledge training, experience, and education to meet the person's needs and additional
170.30requirements as written in the coordinated service and support plan or coordinated
170.31service and support plan addendum, or when otherwise required by the case manager or
170.32the federal waiver plan. The license holder must verify and maintain evidence of staff
170.33competency, including documentation of:
170.34(1) education and experience qualifications relevant to the job responsibilities
170.35assigned to the staff and the needs of the general population of persons served by the
171.1program, including a valid degree and transcript, or a current license, registration, or
171.2certification, when a degree or licensure, registration, or certification is required by this
171.3chapter or in the coordinated service and support plan or coordinated service and support
171.4plan addendum;
171.5(2) demonstrated competency in the orientation and training areas required under
171.6this chapter, and when applicable, completion of continuing education required to
171.7maintain professional licensure, registration, or certification requirements. Competency in
171.8these areas is determined by the license holder through knowledge testing and or observed
171.9skill assessment conducted by the trainer or instructor; and
171.10(3) except for a license holder who is the sole direct support staff, periodic
171.11performance evaluations completed by the license holder of the direct support staff
171.12person's ability to perform the job functions based on direct observation.
171.13(b) Staff under 18 years of age may not perform overnight duties or administer
171.14medication.

171.15    Sec. 15. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is
171.16amended to read:
171.17    Subd. 4. Orientation to program requirements. Except for a license holder
171.18who does not supervise any direct support staff, within 60 calendar days of hire, unless
171.19stated otherwise, the license holder must provide and ensure completion of ten hours of
171.20orientation for direct support staff providing basic services and 30 hours of orientation
171.21for direct support staff providing intensive services that combines supervised on-the-job
171.22training with review of and instruction in the following areas:
171.23(1) the job description and how to complete specific job functions, including:
171.24(i) responding to and reporting incidents as required under section 245D.06,
171.25subdivision 1; and
171.26(ii) following safety practices established by the license holder and as required in
171.27section 245D.06, subdivision 2;
171.28(2) the license holder's current policies and procedures required under this chapter,
171.29including their location and access, and staff responsibilities related to implementation
171.30of those policies and procedures;
171.31(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
171.32federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
171.33responsibilities related to complying with data privacy practices;
171.34(4) the service recipient rights and staff responsibilities related to ensuring the
171.35exercise and protection of those rights according to the requirements in section 245D.04;
172.1(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment
172.2reporting and service planning for children and vulnerable adults, and staff responsibilities
172.3related to protecting persons from maltreatment and reporting maltreatment. This
172.4orientation must be provided within 72 hours of first providing direct contact services and
172.5annually thereafter according to section 245A.65, subdivision 3;
172.6(6) the principles of person-centered service planning and delivery as identified in
172.7section 245D.07, subdivision 1a, and how they apply to direct support service provided
172.8by the staff person; and
172.9(7) the safe and correct use of manual restraint on an emergency basis according to
172.10the requirements in section 245D.061 and what constitutes the use of restraints, time out,
172.11and seclusion, including chemical restraint;
172.12(8) staff responsibilities related to prohibited procedures under section 245D.06,
172.13subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
172.14or undesired behavior, and why such procedures are not safe;
172.15(9) basic first aid; and
172.16(10) other topics as determined necessary in the person's coordinated service and
172.17support plan by the case manager or other areas identified by the license holder.

172.18    Sec. 16. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a,
172.19is amended to read:
172.20    Subd. 4a. Orientation to individual service recipient needs. (a) Before having
172.21unsupervised direct contact with a person served by the program, or for whom the staff
172.22person has not previously provided direct support, or any time the plans or procedures
172.23identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive
172.24instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff
172.25person's job functions for that person.
172.26(b) For community residential services, training and competency evaluations must
172.27include the following, if identified in the coordinated service and support plan:
172.28(1) appropriate and safe techniques in personal hygiene and grooming, including
172.29hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of
172.30daily living (ADLs) as defined under section 256B.0659, subdivision 1;
172.31(2) an understanding of what constitutes a healthy diet according to data from the
172.32Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and
172.33(3) skills necessary to provide appropriate support in instrumental activities of daily
172.34living (IADLs) as defined under section 256B.0659, subdivision 1; and
172.35(4) demonstrated competence in providing first aid.
173.1(c) The staff person must review and receive instruction on the person's coordinated
173.2service and support plan or coordinated service and support plan addendum as it relates
173.3to the responsibilities assigned to the license holder, and when applicable, the person's
173.4individual abuse prevention plan, to achieve and demonstrate an understanding of the
173.5person as a unique individual, and how to implement those plans.
173.6(d) The staff person must review and receive instruction on medication
173.7administration procedures established for the person when medication administration is
173.8assigned to the license holder according to section 245D.05, subdivision 1, paragraph
173.9(b). Unlicensed staff may administer medications only after successful completion of a
173.10medication administration training, from a training curriculum developed by a registered
173.11nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
173.12practitioner, physician's assistant, or physician. The training curriculum must incorporate
173.13an observed skill assessment conducted by the trainer to ensure staff demonstrate the
173.14ability to safely and correctly follow medication procedures.
173.15Medication administration must be taught by a registered nurse, clinical nurse
173.16specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
173.17service initiation or any time thereafter, the person has or develops a health care condition
173.18that affects the service options available to the person because the condition requires:
173.19(1) specialized or intensive medical or nursing supervision; and
173.20(2) nonmedical service providers to adapt their services to accommodate the health
173.21and safety needs of the person.
173.22(e) The staff person must review and receive instruction on the safe and correct
173.23operation of medical equipment used by the person to sustain life or to monitor a medical
173.24condition that could become life-threatening without proper use of the medical equipment,
173.25including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training
173.26must be provided by a licensed health care professional or a manufacturer's representative
173.27and incorporate an observed skill assessment to ensure staff demonstrate the ability to
173.28safely and correctly operate the equipment according to the treatment orders and the
173.29manufacturer's instructions.
173.30(f) The staff person must review and receive instruction on what constitutes use of
173.31restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
173.32related to the prohibitions of their use according to the requirements in section 245D.06,
173.33subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
173.34or undesired behavior and why they are not safe, and the safe and correct use of manual
173.35restraint on an emergency basis according to the requirements in section 245D.061.
174.1(g) In the event of an emergency service initiation, the license holder must ensure
174.2the training required in this subdivision occurs within 72 hours of the direct support staff
174.3person first having unsupervised contact with the person receiving services. The license
174.4holder must document the reason for the unplanned or emergency service initiation and
174.5maintain the documentation in the person's service recipient record.
174.6(h) (g) License holders who provide direct support services themselves must
174.7complete the orientation required in subdivision 4, clauses (3) to (7) (10).

174.8    Sec. 17. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is
174.9amended to read:
174.10    Subd. 5. Annual training. A license holder must provide annual training to direct
174.11support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision
174.124a (10). A license holder must provide a minimum of 24 hours of annual training to
174.13direct service staff with providing intensive services and having fewer than five years
174.14of documented experience and 12 hours of annual training to direct service staff with
174.15 providing intensive services and having five or more years of documented experience in
174.16topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant
174.17topics received from sources other than the license holder may count toward training
174.18requirements. A license holder must provide a minimum of 12 hours of annual training
174.19to direct service staff providing basic services and having fewer than five years of
174.20documented experience and six hours of annual training to direct service staff providing
174.21basic services and having five or more years of documented experience.

174.22    Sec. 18. Minnesota Statutes 2013 Supplement, section 245D.095, subdivision 3,
174.23is amended to read:
174.24    Subd. 3. Service recipient record. (a) The license holder must maintain a record of
174.25current services provided to each person on the premises where the services are provided
174.26or coordinated. When the services are provided in a licensed facility, the records must
174.27be maintained at the facility, otherwise the records must be maintained at the license
174.28holder's program office. The license holder must protect service recipient records against
174.29loss, tampering, or unauthorized disclosure according to the requirements in sections
174.3013.01 to 13.10 and 13.46.
174.31(b) The license holder must maintain the following information for each person:
174.32(1) an admission form signed by the person or the person's legal representative
174.33that includes:
175.1(i) identifying information, including the person's name, date of birth, address,
175.2and telephone number; and
175.3(ii) the name, address, and telephone number of the person's legal representative, if
175.4any, and a primary emergency contact, the case manager, and family members or others as
175.5identified by the person or case manager;
175.6(2) service information, including service initiation information, verification of the
175.7person's eligibility for services, documentation verifying that services have been provided
175.8as identified in the coordinated service and support plan or coordinated service and support
175.9plan addendum according to paragraph (a), and date of admission or readmission;
175.10(3) health information, including medical history, special dietary needs, and
175.11allergies, and when the license holder is assigned responsibility for meeting the person's
175.12health service needs according to section 245D.05:
175.13(i) current orders for medication, treatments, or medical equipment and a signed
175.14authorization from the person or the person's legal representative to administer or assist in
175.15administering the medication or treatments, if applicable;
175.16(ii) a signed statement authorizing the license holder to act in a medical emergency
175.17when the person's legal representative, if any, cannot be reached or is delayed in arriving;
175.18(iii) medication administration procedures;
175.19(iv) a medication administration record documenting the implementation of the
175.20medication administration procedures, and the medication administration record reviews,
175.21including any agreements for administration of injectable medications by the license
175.22holder according to the requirements in section 245D.05; and
175.23(v) a medical appointment schedule when the license holder is assigned
175.24responsibility for assisting with medical appointments;
175.25(4) the person's current coordinated service and support plan or that portion of the
175.26plan assigned to the license holder;
175.27(5) copies of the individual abuse prevention plan and assessments as required under
175.28section 245D.071, subdivisions 2 and subdivision 3;
175.29(6) a record of other service providers serving the person when the person's
175.30coordinated service and support plan or coordinated service and support plan addendum
175.31identifies the need for coordination between the service providers, that includes a contact
175.32person and telephone numbers, services being provided, and names of staff responsible for
175.33coordination;
175.34(7) documentation of orientation to service recipient rights according to section
175.35245D.04, subdivision 1 , and maltreatment reporting policies and procedures according to
175.36section 245A.65, subdivision 1, paragraph (c);
176.1(8) copies of authorizations to handle a person's funds, according to section 245D.06,
176.2subdivision 4, paragraph (a);
176.3(9) documentation of complaints received and grievance resolution;
176.4(10) incident reports involving the person, required under section 245D.06,
176.5subdivision 1;
176.6(11) copies of written reports regarding the person's status when requested according
176.7to section 245D.07, subdivision 3, progress review reports as required under section
176.8245D.071, subdivision 5 , progress or daily log notes that are recorded by the program,
176.9and reports received from other agencies involved in providing services or care to the
176.10person; and
176.11(12) discharge summary, including service termination notice and related
176.12documentation, when applicable.

176.13    Sec. 19. Minnesota Statutes 2013 Supplement, section 245D.22, subdivision 4, is
176.14amended to read:
176.15    Subd. 4. First aid must be available on site. (a) A staff person trained in first
176.16aid must be available on site and, when required in a person's coordinated service and
176.17support plan or coordinated service and support plan addendum, be able to provide
176.18cardiopulmonary resuscitation, whenever persons are present and staff are required to be
176.19at the site to provide direct service. The CPR training must include in-person instruction,
176.20hands-on practice, and an observed skills assessment under the direct supervision of a
176.21CPR instructor.
176.22(b) A facility must have first aid kits readily available for use by, and that meet
176.23the needs of, persons receiving services and staff. At a minimum, the first aid kit must
176.24be equipped with accessible first aid supplies including bandages, sterile compresses,
176.25scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap,
176.26adhesive tape, and first aid manual.

176.27    Sec. 20. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 3, is
176.28amended to read:
176.29    Subd. 3. Staff ratio requirement for each person receiving services. The case
176.30manager, in consultation with the interdisciplinary team, must determine at least once each
176.31year which of the ratios in subdivisions 4, 5, and 6 is appropriate for each person receiving
176.32services on the basis of the characteristics described in subdivisions 4, 5, and 6. The ratio
176.33assigned each person and the documentation of how the ratio was arrived at must be kept
176.34in each person's individual service plan. Documentation must include an assessment of the
177.1person with respect to the characteristics in subdivisions 4, 5, and 6 recorded on a standard
177.2assessment form required by the commissioner.

177.3    Sec. 21. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 4, is
177.4amended to read:
177.5    Subd. 4. Person requiring staff ratio of one to four. A person must be assigned a
177.6staff ratio requirement of one to four if:
177.7(1) on a daily basis the person requires total care and monitoring or constant
177.8hand-over-hand physical guidance to successfully complete at least three of the following
177.9activities: toileting, communicating basic needs, eating, ambulating; or is not capable of
177.10taking appropriate action for self-preservation under emergency conditions; or
177.11(2) the person engages in conduct that poses an imminent risk of physical harm to
177.12self or others at a documented level of frequency, intensity, or duration requiring frequent
177.13daily ongoing intervention and monitoring as established in the person's coordinated
177.14service and support plan or coordinated service and support plan addendum.

177.15    Sec. 22. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 5, is
177.16amended to read:
177.17    Subd. 5. Person requiring staff ratio of one to eight. A person must be assigned a
177.18staff ratio requirement of one to eight if:
177.19(1) the person does not meet the requirements in subdivision 4; and
177.20(2) on a daily basis the person requires verbal prompts or spot checks and minimal
177.21or no physical assistance to successfully complete at least four three of the following
177.22activities: toileting, communicating basic needs, eating, or ambulating, or taking
177.23appropriate action for self-preservation under emergency conditions.

177.24    Sec. 23. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to
177.25read:
177.26    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
177.27must meet the following requirements:
177.28    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
177.29of age with these additional requirements:
177.30    (i) supervision by a qualified professional every 60 days; and
177.31    (ii) employment by only one personal care assistance provider agency responsible
177.32for compliance with current labor laws;
177.33    (2) be employed by a personal care assistance provider agency;
178.1    (3) enroll with the department as a personal care assistant after clearing a background
178.2study. Except as provided in subdivision 11a, before a personal care assistant provides
178.3services, the personal care assistance provider agency must initiate a background study on
178.4the personal care assistant under chapter 245C, and the personal care assistance provider
178.5agency must have received a notice from the commissioner that the personal care assistant
178.6is:
178.7    (i) not disqualified under section 245C.14; or
178.8    (ii) is disqualified, but the personal care assistant has received a set aside of the
178.9disqualification under section 245C.22;
178.10    (4) be able to effectively communicate with the recipient and personal care
178.11assistance provider agency;
178.12    (5) be able to provide covered personal care assistance services according to the
178.13recipient's personal care assistance care plan, respond appropriately to recipient needs,
178.14and report changes in the recipient's condition to the supervising qualified professional
178.15or physician;
178.16    (6) not be a consumer of personal care assistance services;
178.17    (7) maintain daily written records including, but not limited to, time sheets under
178.18subdivision 12;
178.19    (8) effective January 1, 2010, complete standardized training as determined
178.20by the commissioner before completing enrollment. The training must be available
178.21in languages other than English and to those who need accommodations due to
178.22disabilities. Personal care assistant training must include successful completion of the
178.23following training components: basic first aid, vulnerable adult, child maltreatment,
178.24OSHA universal precautions, basic roles and responsibilities of personal care assistants
178.25including information about assistance with lifting and transfers for recipients, emergency
178.26preparedness, orientation to positive behavioral practices, fraud issues, and completion of
178.27time sheets. Upon completion of the training components, the personal care assistant must
178.28demonstrate the competency to provide assistance to recipients;
178.29    (9) complete training and orientation on the needs of the recipient; and
178.30    (10) be limited to providing and being paid for up to 275 hours per month of personal
178.31care assistance services regardless of the number of recipients being served or the number
178.32of personal care assistance provider agencies enrolled with. The number of hours worked
178.33per day shall not be disallowed by the department unless in violation of the law.
178.34    (b) A legal guardian may be a personal care assistant if the guardian is not being paid
178.35for the guardian services and meets the criteria for personal care assistants in paragraph (a).
179.1    (c) Persons who do not qualify as a personal care assistant include parents,
179.2stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
179.3foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a;
179.4and staff of a residential setting. When the personal care assistant is a relative of the
179.5recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
179.6effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
179.7parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
179.8a grandchild.
179.9EFFECTIVE DATE.This section is effective the day following final enactment.

179.10    Sec. 24. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to
179.11read:
179.12    Subd. 28. Personal care assistance provider agency; required documentation.
179.13(a) Required documentation must be completed and kept in the personal care assistance
179.14provider agency file or the recipient's home residence. The required documentation
179.15consists of:
179.16(1) employee files, including:
179.17(i) applications for employment;
179.18(ii) background study requests and results;
179.19(iii) orientation records about the agency policies;
179.20(iv) trainings completed with demonstration of competence;
179.21(v) supervisory visits;
179.22(vi) evaluations of employment; and
179.23(vii) signature on fraud statement;
179.24(2) recipient files, including:
179.25(i) demographics;
179.26(ii) emergency contact information and emergency backup plan;
179.27(iii) personal care assistance service plan;
179.28(iv) personal care assistance care plan;
179.29(v) month-to-month service use plan;
179.30(vi) all communication records;
179.31(vii) start of service information, including the written agreement with recipient; and
179.32(viii) date the home care bill of rights was given to the recipient;
179.33(3) agency policy manual, including:
179.34(i) policies for employment and termination;
179.35(ii) grievance policies with resolution of consumer grievances;
180.1(iii) staff and consumer safety;
180.2(iv) staff misconduct; and
180.3(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
180.4resolution of consumer grievances;
180.5(4) time sheets for each personal care assistant along with completed activity sheets
180.6for each recipient served; and
180.7(5) agency marketing and advertising materials and documentation of marketing
180.8activities and costs; and.
180.9(6) for each personal care assistant, whether or not the personal care assistant is
180.10providing care to a relative as defined in subdivision 11.
180.11(b) The commissioner may assess a fine of up to $500 on provider agencies that do
180.12not consistently comply with the requirements of this subdivision.
180.13EFFECTIVE DATE.This section is effective the day following final enactment.

180.14    Sec. 25. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1,
180.15is amended to read:
180.16    Subdivision 1. Essential community supports. (a) The purpose of the essential
180.17community supports program is to provide targeted services to persons age 65 and older
180.18who need essential community support, but whose needs do not meet the level of care
180.19required for nursing facility placement under section 144.0724, subdivision 11.
180.20(b) Essential community supports are available not to exceed $400 per person per
180.21month. Essential community supports may be used as authorized within an authorization
180.22period not to exceed 12 months. Services must be available to a person who:
180.23(1) is age 65 or older;
180.24(2) is not eligible for medical assistance;
180.25(3) has received a community assessment under section 256B.0911, subdivision 3a
180.26or 3b, and does not require the level of care provided in a nursing facility;
180.27(4) meets the financial eligibility criteria for the alternative care program under
180.28section 256B.0913, subdivision 4;
180.29(5) has a community support plan; and
180.30(6) has been determined by a community assessment under section 256B.0911,
180.31subdivision 3a or 3b, to be a person who would require provision of at least one of the
180.32following services, as defined in the approved elderly waiver plan, in order to maintain
180.33their community residence:
180.34(i) caregiver support;
180.35(ii) adult day services;
181.1(ii) (iii) homemaker support;
181.2(iii) (iv) chores;
181.3(iv) (v) a personal emergency response device or system;
181.4(v) (vi) home-delivered meals; or
181.5(vi) (vii) community living assistance as defined by the commissioner.
181.6(c) The person receiving any of the essential community supports in this subdivision
181.7must also receive service coordination, not to exceed $600 in a 12-month authorization
181.8period, as part of their community support plan.
181.9(d) A person who has been determined to be eligible for essential community
181.10supports must be reassessed at least annually and continue to meet the criteria in paragraph
181.11(b) to remain eligible for essential community supports.
181.12(e) The commissioner is authorized to use federal matching funds for essential
181.13community supports as necessary and to meet demand for essential community supports
181.14as outlined in subdivision 2, and that amount of federal funds is appropriated to the
181.15commissioner for this purpose.

181.16    Sec. 26. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10,
181.17is amended to read:
181.18    Subd. 10. Enrollment requirements. All (a) Except as provided in paragraph (b),
181.19the following home and community-based waiver providers must provide, at the time of
181.20enrollment and within 30 days of a request, in a format determined by the commissioner,
181.21information and documentation that includes, but is not limited to, the following:
181.22(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
181.23provider's payments from Medicaid in the previous calendar year, whichever is greater;
181.24(2) proof of fidelity bond coverage in the amount of $20,000; and
181.25(3) proof of liability insurance.:
181.26(1) waiver services providers required to meet the provider standards in chapter 245D;
181.27(2) foster care providers whose services are funded by the elderly waiver or
181.28alternative care program;
181.29(3) fiscal support entities;
181.30(4) adult day care providers;
181.31(5) providers of customized living services; and
181.32(6) residential care providers.
181.33(b) Providers of foster care services covered by section 245.814 are exempt from
181.34this subdivision.
181.35EFFECTIVE DATE.This section is effective the day following final enactment.

182.1    Sec. 27. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
182.2256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
182.3WITH DISABILITIES.
182.4(a) Individuals receiving services under a home and community-based waiver under
182.5section 256B.092 or 256B.49 may receive services in the following settings:
182.6(1) an individual's own home or family home;
182.7(2) a licensed adult foster care or child foster care setting of up to five people or
182.8community residential setting of up to five people; and
182.9(3) community living settings as defined in section 256B.49, subdivision 23, where
182.10individuals with disabilities may reside in all of the units in a building of four or fewer
182.11units, and no more than the greater of four or 25 percent of the units in a multifamily
182.12building of more than four units, unless required by the Housing Opportunities for Persons
182.13with AIDS Program.
182.14(b) The settings in paragraph (a) must not:
182.15(1) be located in a building that is a publicly or privately operated facility that
182.16provides institutional treatment or custodial care;
182.17(2) be located in a building on the grounds of or adjacent to a public or private
182.18institution;
182.19(3) be a housing complex designed expressly around an individual's diagnosis or
182.20disability, unless required by the Housing Opportunities for Persons with AIDS Program;
182.21(4) be segregated based on a disability, either physically or because of setting
182.22characteristics, from the larger community; and
182.23(5) have the qualities of an institution which include, but are not limited to:
182.24regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
182.25agreed to and documented in the person's individual service plan shall not result in a
182.26residence having the qualities of an institution as long as the restrictions for the person are
182.27not imposed upon others in the same residence and are the least restrictive alternative,
182.28imposed for the shortest possible time to meet the person's needs.
182.29(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
182.30individuals receive services under a home and community-based waiver as of July 1,
182.312012, and the setting does not meet the criteria of this section.
182.32(d) Notwithstanding paragraph (c), a program in Hennepin County established as
182.33part of a Hennepin County demonstration project is qualified for the exception allowed
182.34under paragraph (c).
182.35(e) The commissioner shall submit an amendment to the waiver plan no later than
182.36December 31, 2012.

183.1    Sec. 28. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
183.2    Subdivision 1. Commissioner's duties; report. The commissioner of human
183.3services shall solicit proposals for the conversion of services provided for persons with
183.4disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or
183.5community residential settings licensed under chapter 245D, to other types of community
183.6settings in conjunction with the closure of identified licensed adult foster care settings.

183.7    Sec. 29. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
183.8    Subd. 1e. Rules regarding emergency assistance. The commissioner shall adopt
183.9rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use
183.10of the emergency program under MFIP as the primary financial resource when available.
183.11The commissioner shall adopt rules for eligibility for general assistance of persons with
183.12seasonal income and may attribute seasonal income to other periods not in excess of one
183.13year from receipt by an applicant or recipient. General assistance payments may not be
183.14made for foster care, community residential settings licensed under chapter 245D, child
183.15welfare services, or other social services. Vendor payments and vouchers may be issued
183.16only as authorized in sections 256D.05, subdivision 6, and 256D.09.

183.17    Sec. 30. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
183.18    Subd. 6. Excluded time. "Excluded time" means:
183.19(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
183.20other than an emergency shelter, halfway house, foster home, community residential
183.21setting licensed under chapter 245D, semi-independent living domicile or services
183.22program, residential facility offering care, board and lodging facility or other institution
183.23for the hospitalization or care of human beings, as defined in section 144.50, 144A.01,
183.24or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional
183.25facility; or any facility based on an emergency hold under sections 253B.05, subdivisions
183.261 and 2, and 253B.07, subdivision 6;
183.27(2) any period an applicant spends on a placement basis in a training and habilitation
183.28program, including: a rehabilitation facility or work or employment program as defined
183.29in section 268A.01; semi-independent living services provided under section 252.275,
183.30and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation
183.31programs and assisted living services; and
183.32(3) any placement for a person with an indeterminate commitment, including
183.33independent living.

184.1    Sec. 31. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
184.2    Subd. 3. Group residential housing. "Group residential housing" means a group
184.3living situation that provides at a minimum room and board to unrelated persons who
184.4meet the eligibility requirements of section 256I.04. This definition includes foster care
184.5settings or community residential settings for a single adult. To receive payment for a
184.6group residence rate, the residence must meet the requirements under section 256I.04,
184.7subdivision 2a
.

184.8    Sec. 32. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
184.9    Subd. 2a. License required. A county agency may not enter into an agreement with
184.10an establishment to provide group residential housing unless:
184.11(1) the establishment is licensed by the Department of Health as a hotel and
184.12restaurant; a board and lodging establishment; a residential care home; a boarding care
184.13home before March 1, 1985; or a supervised living facility, and the service provider
184.14for residents of the facility is licensed under chapter 245A. However, an establishment
184.15licensed by the Department of Health to provide lodging need not also be licensed to
184.16provide board if meals are being supplied to residents under a contract with a food vendor
184.17who is licensed by the Department of Health;
184.18(2) the residence is: (i) licensed by the commissioner of human services under
184.19Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
184.20agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
184.21to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules,
184.22parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or
184.23(iv) licensed by the commissioner of human services under chapter 245D;
184.24(3) the establishment is registered under chapter 144D and provides three meals a
184.25day, or is an establishment voluntarily registered under section 144D.025 as a supportive
184.26housing establishment; or
184.27(4) an establishment voluntarily registered under section 144D.025, other than
184.28a supportive housing establishment under clause (3), is not eligible to provide group
184.29residential housing.
184.30The requirements under clauses (1) to (4) do not apply to establishments exempt
184.31from state licensure because they are located on Indian reservations and subject to tribal
184.32health and safety requirements.

184.33    Sec. 33. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
184.34amended to read:
185.1    Subd. 9. Common entry point designation. (a) Each county board shall designate a
185.2common entry point for reports of suspected maltreatment, for use until the commissioner
185.3of human services establishes a common entry point. Two or more county boards may
185.4jointly designate a single common entry point. The commissioner of human services shall
185.5establish a common entry point effective July 1, 2014 no sooner than January 1, 2015.
185.6The common entry point is the unit responsible for receiving the report of suspected
185.7maltreatment under this section.
185.8(b) The common entry point must be available 24 hours per day to take calls from
185.9reporters of suspected maltreatment. The common entry point shall use a standard intake
185.10form that includes:
185.11(1) the time and date of the report;
185.12(2) the name, address, and telephone number of the person reporting;
185.13(3) the time, date, and location of the incident;
185.14(4) the names of the persons involved, including but not limited to, perpetrators,
185.15alleged victims, and witnesses;
185.16(5) whether there was a risk of imminent danger to the alleged victim;
185.17(6) a description of the suspected maltreatment;
185.18(7) the disability, if any, of the alleged victim;
185.19(8) the relationship of the alleged perpetrator to the alleged victim;
185.20(9) whether a facility was involved and, if so, which agency licenses the facility;
185.21(10) any action taken by the common entry point;
185.22(11) whether law enforcement has been notified;
185.23(12) whether the reporter wishes to receive notification of the initial and final
185.24reports; and
185.25(13) if the report is from a facility with an internal reporting procedure, the name,
185.26mailing address, and telephone number of the person who initiated the report internally.
185.27(c) The common entry point is not required to complete each item on the form prior
185.28to dispatching the report to the appropriate lead investigative agency.
185.29(d) The common entry point shall immediately report to a law enforcement agency
185.30any incident in which there is reason to believe a crime has been committed.
185.31(e) If a report is initially made to a law enforcement agency or a lead investigative
185.32agency, those agencies shall take the report on the appropriate common entry point intake
185.33forms and immediately forward a copy to the common entry point.
185.34(f) The common entry point staff must receive training on how to screen and
185.35dispatch reports efficiently and in accordance with this section.
186.1(g) The commissioner of human services shall maintain a centralized database
186.2for the collection of common entry point data, lead investigative agency data including
186.3maltreatment report disposition, and appeals data. The common entry point shall
186.4have access to the centralized database and must log the reports into the database and
186.5immediately identify and locate prior reports of abuse, neglect, or exploitation.
186.6(h) When appropriate, the common entry point staff must refer calls that do not
186.7allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
186.8that might resolve the reporter's concerns.
186.9(i) A common entry point must be operated in a manner that enables the
186.10commissioner of human services to:
186.11(1) track critical steps in the reporting, evaluation, referral, response, disposition,
186.12and investigative process to ensure compliance with all requirements for all reports;
186.13(2) maintain data to facilitate the production of aggregate statistical reports for
186.14monitoring patterns of abuse, neglect, or exploitation;
186.15(3) serve as a resource for the evaluation, management, and planning of preventative
186.16and remedial services for vulnerable adults who have been subject to abuse, neglect,
186.17or exploitation;
186.18(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
186.19of the common entry point; and
186.20(5) track and manage consumer complaints related to the common entry point.
186.21(j) The commissioners of human services and health shall collaborate on the
186.22creation of a system for referring reports to the lead investigative agencies. This system
186.23shall enable the commissioner of human services to track critical steps in the reporting,
186.24evaluation, referral, response, disposition, investigation, notification, determination, and
186.25appeal processes.
186.26EFFECTIVE DATE.This section is effective the day following final enactment.

186.27    Sec. 34. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective
186.28date, is amended to read:
186.29EFFECTIVE DATE.This section is effective January 1, 2014, for adults age 21 or
186.30older, and October 1, 2019, for children age 16 to before the child's 21st birthday.

186.31    Sec. 35. Laws 2013, chapter 108, article 7, section 60, is amended to read:
186.32    Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL
186.331, 2014.
187.1(a) The commissioner of human services shall increase reimbursement rates, grants,
187.2allocations, individual limits, and rate limits, as applicable, by one percent for the rate
187.3period beginning April 1, 2014, for services rendered on or after those dates. County or
187.4tribal contracts for services specified in this section must be amended to pass through
187.5these rate increases within 60 days of the effective date.
187.6(b) The rate changes described in this section must be provided to:
187.7(1) home and community-based waivered services for persons with developmental
187.8disabilities or related conditions, including consumer-directed community supports, under
187.9Minnesota Statutes, section 256B.501;
187.10(2) waivered services under community alternatives for disabled individuals,
187.11including consumer-directed community supports, under Minnesota Statutes, section
187.12256B.49 ;
187.13(3) community alternative care waivered services, including consumer-directed
187.14community supports, under Minnesota Statutes, section 256B.49;
187.15(4) brain injury waivered services, including consumer-directed community
187.16supports, under Minnesota Statutes, section 256B.49;
187.17(5) home and community-based waivered services for the elderly under Minnesota
187.18Statutes, section 256B.0915;
187.19(6) nursing services and home health services under Minnesota Statutes, section
187.20256B.0625, subdivision 6a ;
187.21(7) personal care services and qualified professional supervision of personal care
187.22services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
187.23(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
187.24subdivision 7
;
187.25(9) day training and habilitation services for adults with developmental disabilities
187.26or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
187.27additional cost of rate adjustments on day training and habilitation services, provided as a
187.28social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
187.29(10) alternative care services under Minnesota Statutes, section 256B.0913, and
187.30essential community supports under Minnesota Statutes, section 256B.0922;
187.31(11) living skills training programs for persons with intractable epilepsy who need
187.32assistance in the transition to independent living under Laws 1988, chapter 689;
187.33(12) semi-independent living services (SILS) under Minnesota Statutes, section
187.34252.275 , including SILS funding under county social services grants formerly funded
187.35under Minnesota Statutes, chapter 256M;
187.36(13) consumer support grants under Minnesota Statutes, section 256.476;
188.1(14) family support grants under Minnesota Statutes, section 252.32;
188.2(15) housing access grants under Minnesota Statutes, sections 256B.0658 and
188.3256B.0917, subdivision 14 ;
188.4(16) self-advocacy grants under Laws 2009, chapter 101;
188.5(17) technology grants under Laws 2009, chapter 79;
188.6(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
188.7and 256B.0928; and
188.8(19) community support services for deaf and hard-of-hearing adults with mental
188.9illness who use or wish to use sign language as their primary means of communication
188.10under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
188.11grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9;
188.12and Laws 1997, First Special Session chapter 5, section 20.
188.13(c) A managed care plan receiving state payments for the services in this section
188.14must include these increases in their payments to providers. To implement the rate increase
188.15in this section, capitation rates paid by the commissioner to managed care organizations
188.16under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the
188.17specified services for the period beginning April 1, 2014.
188.18(d) Counties shall increase the budget for each recipient of consumer-directed
188.19community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
188.20EFFECTIVE DATE.This section is effective retroactively from April 1, 2014.

188.21    Sec. 36. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN
188.22IMPLEMENTATION.
188.23The autism spectrum disorder statewide strategic plan developed by the Minnesota
188.24Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively
188.25by the commissioners of education, employment and economic development, health, and
188.26human services. The commissioners shall:
188.27(1) work across state agencies and with key stakeholders to implement the strategic
188.28plan;
188.29(2) prepare progress reports on the implementation of the plan twice per year and
188.30make the progress reports available to the public; and
188.31(3) provide two opportunities per year for interested parties, including, but not
188.32limited to, individuals with autism, family members of individuals with autism spectrum
188.33disorder, underserved and diverse communities impacted by autism spectrum disorder,
188.34medical professionals, health plans, service providers, and schools, to provide input on
188.35the implementation of the strategic plan.
189.1EFFECTIVE DATE.This section is effective the day following final enactment.

189.2    Sec. 37. REPEALER.
189.3(a) Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 2, is
189.4repealed.
189.5(b) Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1,
189.62, 3, and 4, are repealed effective the day following final enactment.

189.7ARTICLE 9
189.8HEALTH CARE

189.9    Section 1. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to
189.10read:
189.11    Subdivision 1. Definitions. (a) "Complex private duty home care nursing care"
189.12means home care nursing services provided to recipients who are ventilator dependent or
189.13for whom a physician has certified that the recipient would meet the criteria for inpatient
189.14hospital intensive care unit (ICU) level of care meet the criteria for regular home care
189.15nursing and require life-sustaining interventions to reduce the risk of long-term injury
189.16or death.
189.17(b) "Private duty Home care nursing" means ongoing professional physician-ordered
189.18hourly nursing services by a registered or licensed practical nurse including assessment,
189.19professional nursing tasks, and education, based on an assessment and physician orders
189.20to maintain or restore optimal health of the recipient. performed by a registered nurse or
189.21licensed practical nurse within the scope of practice as defined by the Minnesota Nurse
189.22Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's
189.23health.
189.24(c) "Private duty Home care nursing agency" means a medical assistance enrolled
189.25provider licensed under chapter 144A to provide private duty home care nursing services.
189.26(d) "Regular private duty home care nursing" means nursing services provided to
189.27a recipient who is considered stable and not at an inpatient hospital intensive care unit
189.28level of care, but may have episodes of instability that are not life threatening home care
189.29nursing provided because:
189.30(1) the recipient requires more individual and continuous care than can be provided
189.31during a skilled nurse visit; or
189.32(2) the cares are outside of the scope of services that can be provided by a home
189.33health aide or personal care assistant.
190.1(e) "Shared private duty home care nursing" means the provision of home care
190.2nursing services by a private duty home care nurse to two recipients at the same time
190.3and in the same setting.
190.4EFFECTIVE DATE.This section is effective July 1, 2014.

190.5    Sec. 2. Minnesota Statutes 2012, section 256B.0751, is amended by adding a
190.6subdivision to read:
190.7    Subd. 10. Health care homes advisory committee. (a) The commissioners of
190.8health and human services shall establish a health care homes advisory committee to
190.9advise the commissioners on the ongoing statewide implementation of the health care
190.10homes program authorized in this section.
190.11(b) The commissioners shall establish an advisory committee that includes
190.12representatives of the health care professions such as primary care providers; mental
190.13health providers; nursing and care coordinators; certified health care home clinics with
190.14statewide representation; health plan companies; state agencies; employers; academic
190.15researchers; consumers; and organizations that work to improve health care quality in
190.16Minnesota. At least 25 percent of the committee members must be consumers or patients
190.17in health care homes.
190.18(c) The advisory committee shall advise the commissioners on ongoing
190.19implementation of the health care homes program, including, but not limited to, the
190.20following activities:
190.21(1) implementation of certified health care homes across the state on performance
190.22management and implementation of benchmarking;
190.23(2) implementation of modifications to the health care homes program based on
190.24results of the legislatively mandated health care home evaluation;
190.25(3) statewide solutions for engagement of employers and commercial payers;
190.26(4) potential modifications of the health care home rules or statutes;
190.27(5) consumer engagement, including patient and family-centered care, patient
190.28activation in health care, and shared decision making;
190.29(6) oversight for health care home subject matter task forces or workgroups; and
190.30(7) other related issues as requested by the commissioners.
190.31(d) The advisory committee shall have the ability to establish subcommittees on
190.32specific topics. The advisory committee is governed by section 15.059. Notwithstanding
190.33section 15.059, the advisory committee does not expire.

191.1    Sec. 3. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision
191.2to read:
191.3    Subd. 35. Statewide procurement. (a) For calendar year 2015, the commissioner
191.4may extend a demonstration provider's contract under this section for a sixth year after
191.5the most recent procurement. For calendar year 2015, section 16B.98, subdivision
191.65, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to
191.7contracts under this section.
191.8(b) For calendar year 2016 contracts under this section, the commissioner shall
191.9procure through a statewide procurement, which includes all 87 counties, demonstration
191.10providers, and participating entities as defined in section 256L.01, subdivision 7. The
191.11commissioner shall publish a request for proposals by January 5, 2015. As part of the
191.12procurement process, the commissioner shall:
191.13(1) seek individual county's input regarding the respondent's network of health
191.14care providers;
191.15(2) organize counties into regional groups, or single counties for the largest and
191.16most diverse counties, and seek each regional group's or county's input regarding the
191.17respondent's ability to fully and adequately deliver required health care services; and
191.18(3) use a scoring system for evaluating respondents that at least considers:
191.19(i) the degree to which a respondent's health care provider network is contracted
191.20through total-cost-of-care contracts, risk-sharing arrangements, or other payment reforms
191.21designed to generate long-term savings;
191.22(ii) the degree to which a respondent has demonstrated mechanisms and processes to
191.23achieve integration of medical care, behavioral health care, and county social services,
191.24taking into account county input on the respondent's performance on these measures;
191.25(iii) the degree to which a respondent has a comprehensive quality program that is
191.26designed to ensure enrollee access to appropriate, high-quality, coordinated services;
191.27(iv) each county's input regarding a respondent's network of health care providers;
191.28(v) the demonstrated ability to respond to the needs of special populations within
191.29that geographic area and to have sufficient capacity to serve populations with unique
191.30language, cultural, or other needs;
191.31(vi) the degree to which the respondent is willing to commit to sufficient capacity in
191.32its network to meet the demand for evening and weekend appointments for populations
191.33unable to leave work for basic primary care;
191.34(vii) regional county group's input regarding a respondent's ability to fully and
191.35adequately deliver required health care services;
191.36(viii) a respondent's past performance on administrative requirements;
192.1(ix) a respondent's ability to assist an enrollee who may be transitioning between
192.2public health care programs and premium tax credits in the individual insurance market;
192.3(x) the total cost of a respondent's proposal; and
192.4(xi) any other criteria that the commissioner finds necessary to ensure compliance
192.5with federal law or to ensure that enrollees receive high-quality health care.

192.6    Sec. 4. Minnesota Statutes 2013 Supplement, section 256B.766, is amended to read:
192.7256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
192.8(a) Effective for services provided on or after July 1, 2009, total payments for basic
192.9care services, shall be reduced by three percent, except that for the period July 1, 2009,
192.10through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
192.11assistance and general assistance medical care programs, prior to third-party liability and
192.12spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical
192.13therapy services, occupational therapy services, and speech-language pathology and
192.14related services as basic care services. The reduction in this paragraph shall apply to
192.15physical therapy services, occupational therapy services, and speech-language pathology
192.16and related services provided on or after July 1, 2010.
192.17(b) Payments made to managed care plans and county-based purchasing plans shall
192.18be reduced for services provided on or after October 1, 2009, to reflect the reduction
192.19effective July 1, 2009, and payments made to the plans shall be reduced effective October
192.201, 2010, to reflect the reduction effective July 1, 2010.
192.21(c) Effective for services provided on or after September 1, 2011, through June 30,
192.222013, total payments for outpatient hospital facility fees shall be reduced by five percent
192.23from the rates in effect on August 31, 2011.
192.24(d) Effective for services provided on or after September 1, 2011, through June
192.2530, 2013, total payments for ambulatory surgery centers facility fees, medical supplies
192.26and durable medical equipment not subject to a volume purchase contract, prosthetics
192.27and orthotics, renal dialysis services, laboratory services, public health nursing services,
192.28physical therapy services, occupational therapy services, speech therapy services,
192.29eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume
192.30purchase contract, and anesthesia services shall be reduced by three percent from the
192.31rates in effect on August 31, 2011.
192.32(e) Effective for services provided on or after September 1, 2014, payments for
192.33ambulatory surgery centers facility fees, medical supplies and durable medical equipment
192.34not subject to a volume purchase contract, prosthetics and orthotics, hospice services, renal
192.35dialysis services, laboratory services, public health nursing services, eyeglasses not subject
193.1to a volume purchase contract, and hearing aids not subject to a volume purchase contract
193.2shall be increased by three percent and payments for outpatient hospital facility fees shall
193.3be increased by three percent. Payments made to managed care plans and county-based
193.4purchasing plans shall not be adjusted to reflect payments under this paragraph.
193.5(f) This section does not apply to physician and professional services, inpatient
193.6hospital services, family planning services, mental health services, dental services,
193.7prescription drugs, medical transportation, federally qualified health centers, rural health
193.8centers, Indian health services, and Medicare cost-sharing.
193.9(g) Effective January 1, 2015, for purposes of this section, "basic care services"
193.10means: ambulatory surgical center facility services, medical supplies and durable medical
193.11equipment not subject to a volume purchase contract, prosthetics and orthotics, renal
193.12dialysis services, laboratory services, public health nursing services, eyeglasses and
193.13contacts not subject to a volume purchase contract, hearing aids not subject to a volume
193.14purchase contract, outpatient hospital facility services, and anesthesia services. For
193.15purposes of medical assistance and MinnesotaCare payment adjustments effective on or
193.16after January 1, 2015, the commissioner shall not classify medical supplies, durable medical
193.17equipment, prosthetics, and orthotics in any service category other than basic care services.

193.18    Sec. 5. DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS
193.19CHRONIC CONDITIONS.
193.20The commissioner of human services shall incorporate strategies and activities in the
193.21Department of Human Service's planning efforts and design of the state Medicaid plan
193.22option under section 2703 of the Patient Protection and Affordable Care Act that address
193.23chronic medical or behavioral health conditions complicated by socioeconomic factors
193.24such as race, ethnicity, age, immigration, or language.

193.25    Sec. 6. REVISOR'S INSTRUCTION.
193.26The revisor of statutes shall change the term "private duty nursing" or similar terms
193.27to "home care nursing" or similar terms, and shall change the term "private duty nurse" to
193.28"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota
193.29Rules. The revisor shall also make grammatical changes related to the changes in terms.

193.30ARTICLE 10
193.31MISCELLANEOUS

193.32    Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21,
193.33is amended to read:
194.1    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for
194.2Medicare and Medicaid Services determines that a provider is designated "high-risk," the
194.3commissioner may withhold payment from providers within that category upon initial
194.4enrollment for a 90-day period. The withholding for each provider must begin on the date
194.5of the first submission of a claim.
194.6(b) An enrolled provider that is also licensed by the commissioner under chapter
194.7245A must designate an individual as the entity's compliance officer. The compliance
194.8officer must:
194.9(1) develop policies and procedures to assure adherence to medical assistance laws
194.10and regulations and to prevent inappropriate claims submissions;
194.11(2) train the employees of the provider entity, and any agents or subcontractors of
194.12the provider entity including billers, on the policies and procedures under clause (1);
194.13(3) respond to allegations of improper conduct related to the provision or billing of
194.14medical assistance services, and implement action to remediate any resulting problems;
194.15(4) use evaluation techniques to monitor compliance with medical assistance laws
194.16and regulations;
194.17(5) promptly report to the commissioner any identified violations of medical
194.18assistance laws or regulations; and
194.19    (6) within 60 days of discovery by the provider of a medical assistance
194.20reimbursement overpayment, report the overpayment to the commissioner and make
194.21arrangements with the commissioner for the commissioner's recovery of the overpayment.
194.22The commissioner may require, as a condition of enrollment in medical assistance, that a
194.23provider within a particular industry sector or category establish a compliance program that
194.24contains the core elements established by the Centers for Medicare and Medicaid Services.
194.25(c) The commissioner may revoke the enrollment of an ordering or rendering
194.26provider for a period of not more than one year, if the provider fails to maintain and, upon
194.27request from the commissioner, provide access to documentation relating to written orders
194.28or requests for payment for durable medical equipment, certifications for home health
194.29services, or referrals for other items or services written or ordered by such provider, when
194.30the commissioner has identified a pattern of a lack of documentation. A pattern means a
194.31failure to maintain documentation or provide access to documentation on more than one
194.32occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
194.33provider under the provisions of section 256B.064.
194.34(d) The commissioner shall terminate or deny the enrollment of any individual or
194.35entity if the individual or entity has been terminated from participation in Medicare or
194.36under the Medicaid program or Children's Health Insurance Program of any other state.
195.1(e) As a condition of enrollment in medical assistance, the commissioner shall
195.2require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
195.3and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
195.4Services, its agents, or its designated contractors and the state agency, its agents, or its
195.5designated contractors to conduct unannounced on-site inspections of any provider location.
195.6The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
195.7list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
195.8and standards used to designate Medicare providers in Code of Federal Regulations, title
195.942, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
195.10The commissioner's designations are not subject to administrative appeal.
195.11(f) As a condition of enrollment in medical assistance, the commissioner shall
195.12require that a high-risk provider, or a person with a direct or indirect ownership interest in
195.13the provider of five percent or higher, consent to criminal background checks, including
195.14fingerprinting, when required to do so under state law or by a determination by the
195.15commissioner or the Centers for Medicare and Medicaid Services that a provider is
195.16designated high-risk for fraud, waste, or abuse.
195.17(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all
195.18durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
195.19 suppliers meeting the durable medical equipment provider and supplier definition in clause
195.20(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond
195.21that is annually renewed and designates the Minnesota Department of Human Services as
195.22the obligee, and must be submitted in a form approved by the commissioner. For purposes
195.23of this clause, the following medical suppliers are not required to obtain a surety bond:
195.24a federally qualified health center, a home health agency, the Indian Health Service, a
195.25pharmacy, and a rural health clinic.
195.26(2) At the time of initial enrollment or reenrollment, the provider agency durable
195.27medical equipment providers and suppliers defined in clause (3) must purchase a
195.28performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in
195.29the previous calendar year is up to and including $300,000, the provider agency must
195.30purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid
195.31revenue in the previous calendar year is over $300,000, the provider agency must purchase
195.32a performance surety bond of $100,000. The performance surety bond must allow for
195.33recovery of costs and fees in pursuing a claim on the bond.
195.34(3) "Durable medical equipment provider or supplier" means a medical supplier that
195.35can purchase medical equipment or supplies for sale or rental to the general public and
196.1is able to perform or arrange for necessary repairs to and maintenance of equipment
196.2offered for sale or rental.
196.3(h) The Department of Human Services may require a provider to purchase a
196.4performance surety bond as a condition of initial enrollment, reenrollment, reinstatement,
196.5or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
196.6department determines there is significant evidence of or potential for fraud and abuse by
196.7the provider, or (3) the provider or category of providers is designated high-risk pursuant
196.8to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
196.9performance surety bond must be in an amount of $100,000 or ten percent of the provider's
196.10payments from Medicaid during the immediately preceding 12 months, whichever is
196.11greater. The performance surety bond must name the Department of Human Services as
196.12an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
196.13This paragraph does not apply if the provider already maintains a surety bond that meets
196.14the specifications of another surety bond requirement in this chapter.

196.15    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21,
196.16is amended to read:
196.17    Subd. 21. Requirements for provider enrollment of personal care assistance
196.18provider agencies. (a) All personal care assistance provider agencies must provide, at the
196.19time of enrollment, reenrollment, and revalidation as a personal care assistance provider
196.20agency in a format determined by the commissioner, information and documentation that
196.21includes, but is not limited to, the following:
196.22    (1) the personal care assistance provider agency's current contact information
196.23including address, telephone number, and e-mail address;
196.24    (2) proof of surety bond coverage. Upon new enrollment, or if the provider's
196.25Medicaid revenue in the previous calendar year is up to and including $300,000, the
196.26provider agency must purchase a performance surety bond of $50,000. If the Medicaid
196.27revenue in the previous year is over $300,000, the provider agency must purchase a
196.28performance surety bond of $100,000. The performance surety bond must be in a form
196.29approved by the commissioner, must be renewed annually, and must allow for recovery of
196.30costs and fees in pursuing a claim on the bond;
196.31    (3) proof of fidelity bond coverage in the amount of $20,000;
196.32    (4) proof of workers' compensation insurance coverage;
196.33    (5) proof of liability insurance;
197.1    (6) a description of the personal care assistance provider agency's organization
197.2identifying the names of all owners, managing employees, staff, board of directors, and
197.3the affiliations of the directors, owners, or staff to other service providers;
197.4    (7) a copy of the personal care assistance provider agency's written policies and
197.5procedures including: hiring of employees; training requirements; service delivery;
197.6and employee and consumer safety including process for notification and resolution
197.7of consumer grievances, identification and prevention of communicable diseases, and
197.8employee misconduct;
197.9    (8) copies of all other forms the personal care assistance provider agency uses in
197.10the course of daily business including, but not limited to:
197.11    (i) a copy of the personal care assistance provider agency's time sheet if the time
197.12sheet varies from the standard time sheet for personal care assistance services approved
197.13by the commissioner, and a letter requesting approval of the personal care assistance
197.14provider agency's nonstandard time sheet;
197.15    (ii) the personal care assistance provider agency's template for the personal care
197.16assistance care plan; and
197.17    (iii) the personal care assistance provider agency's template for the written
197.18agreement in subdivision 20 for recipients using the personal care assistance choice
197.19option, if applicable;
197.20    (9) a list of all training and classes that the personal care assistance provider agency
197.21requires of its staff providing personal care assistance services;
197.22    (10) documentation that the personal care assistance provider agency and staff have
197.23successfully completed all the training required by this section;
197.24    (11) documentation of the agency's marketing practices;
197.25    (12) disclosure of ownership, leasing, or management of all residential properties
197.26that is used or could be used for providing home care services;
197.27    (13) documentation that the agency will use the following percentages of revenue
197.28generated from the medical assistance rate paid for personal care assistance services
197.29for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
197.30personal care assistance choice option and 72.5 percent of revenue from other personal
197.31care assistance providers. The revenue generated by the qualified professional and the
197.32reasonable costs associated with the qualified professional shall not be used in making
197.33this calculation; and
197.34    (14) effective May 15, 2010, documentation that the agency does not burden
197.35recipients' free exercise of their right to choose service providers by requiring personal
197.36care assistants to sign an agreement not to work with any particular personal care
198.1assistance recipient or for another personal care assistance provider agency after leaving
198.2the agency and that the agency is not taking action on any such agreements or requirements
198.3regardless of the date signed.
198.4    (b) Personal care assistance provider agencies shall provide the information specified
198.5in paragraph (a) to the commissioner at the time the personal care assistance provider
198.6agency enrolls as a vendor or upon request from the commissioner. The commissioner
198.7shall collect the information specified in paragraph (a) from all personal care assistance
198.8providers beginning July 1, 2009.
198.9    (c) All personal care assistance provider agencies shall require all employees in
198.10management and supervisory positions and owners of the agency who are active in the
198.11day-to-day management and operations of the agency to complete mandatory training
198.12as determined by the commissioner before enrollment of the agency as a provider.
198.13Employees in management and supervisory positions and owners who are active in
198.14the day-to-day operations of an agency who have completed the required training as
198.15an employee with a personal care assistance provider agency do not need to repeat
198.16the required training if they are hired by another agency, if they have completed the
198.17training within the past three years. By September 1, 2010, the required training must
198.18be available with meaningful access according to title VI of the Civil Rights Act and
198.19federal regulations adopted under that law or any guidance from the United States Health
198.20and Human Services Department. The required training must be available online or by
198.21electronic remote connection. The required training must provide for competency testing.
198.22Personal care assistance provider agency billing staff shall complete training about
198.23personal care assistance program financial management. This training is effective July 1,
198.242009. Any personal care assistance provider agency enrolled before that date shall, if it
198.25has not already, complete the provider training within 18 months of July 1, 2009. Any new
198.26owners or employees in management and supervisory positions involved in the day-to-day
198.27operations are required to complete mandatory training as a requisite of working for the
198.28agency. Personal care assistance provider agencies certified for participation in Medicare
198.29as home health agencies are exempt from the training required in this subdivision. When
198.30available, Medicare-certified home health agency owners, supervisors, or managers must
198.31successfully complete the competency test.

198.32    Sec. 3. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
198.33    Subdivision 1. Managed care pilot. The commissioner may initiate a capitated
198.34risk-based managed care option for services in an intermediate care facility for persons
198.35with developmental disabilities according to the terms and conditions of the federal
199.1agreement governing the managed care pilot. The commissioner may grant a variance
199.2to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts
199.39525.1200 to 9525.1330 and 9525.1580.

199.4    Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
199.5    Subd. 16. Project extension. Minnesota Rules, parts 9500.1450; 9500.1451;
199.69500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458;
199.79500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464, are extended.

199.8    Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is
199.9amended to read:
199.10    Subd. 12. Requirements for enrollment of CFSS provider agencies. (a) All CFSS
199.11provider agencies must provide, at the time of enrollment, reenrollment, and revalidation
199.12as a CFSS provider agency in a format determined by the commissioner, information and
199.13documentation that includes, but is not limited to, the following:
199.14(1) the CFSS provider agency's current contact information including address,
199.15telephone number, and e-mail address;
199.16(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's
199.17Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
199.18provider agency must purchase a performance surety bond of $50,000. If the provider
199.19agency's Medicaid revenue in the previous calendar year is greater than $300,000, the
199.20provider agency must purchase a performance surety bond of $100,000. The performance
199.21 surety bond must be in a form approved by the commissioner, must be renewed annually,
199.22and must allow for recovery of costs and fees in pursuing a claim on the bond;
199.23(3) proof of fidelity bond coverage in the amount of $20,000;
199.24(4) proof of workers' compensation insurance coverage;
199.25(5) proof of liability insurance;
199.26(6) a description of the CFSS provider agency's organization identifying the names
199.27of all owners, managing employees, staff, board of directors, and the affiliations of the
199.28directors, owners, or staff to other service providers;
199.29(7) a copy of the CFSS provider agency's written policies and procedures including:
199.30hiring of employees; training requirements; service delivery; and employee and consumer
199.31safety including process for notification and resolution of consumer grievances,
199.32identification and prevention of communicable diseases, and employee misconduct;
199.33(8) copies of all other forms the CFSS provider agency uses in the course of daily
199.34business including, but not limited to:
200.1(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from
200.2the standard time sheet for CFSS services approved by the commissioner, and a letter
200.3requesting approval of the CFSS provider agency's nonstandard time sheet; and
200.4(ii) the CFSS provider agency's template for the CFSS care plan;
200.5(9) a list of all training and classes that the CFSS provider agency requires of its
200.6staff providing CFSS services;
200.7(10) documentation that the CFSS provider agency and staff have successfully
200.8completed all the training required by this section;
200.9(11) documentation of the agency's marketing practices;
200.10(12) disclosure of ownership, leasing, or management of all residential properties
200.11that are used or could be used for providing home care services;
200.12(13) documentation that the agency will use at least the following percentages of
200.13revenue generated from the medical assistance rate paid for CFSS services for employee
200.14personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers.
200.15The revenue generated by the support specialist and the reasonable costs associated with
200.16the support specialist shall not be used in making this calculation; and
200.17(14) documentation that the agency does not burden recipients' free exercise of their
200.18right to choose service providers by requiring personal care assistants to sign an agreement
200.19not to work with any particular CFSS recipient or for another CFSS provider agency after
200.20leaving the agency and that the agency is not taking action on any such agreements or
200.21requirements regardless of the date signed.
200.22(b) CFSS provider agencies shall provide to the commissioner the information
200.23specified in paragraph (a).
200.24(c) All CFSS provider agencies shall require all employees in management and
200.25supervisory positions and owners of the agency who are active in the day-to-day
200.26management and operations of the agency to complete mandatory training as determined
200.27by the commissioner. Employees in management and supervisory positions and owners
200.28who are active in the day-to-day operations of an agency who have completed the required
200.29training as an employee with a CFSS provider agency do not need to repeat the required
200.30training if they are hired by another agency, if they have completed the training within
200.31the past three years. CFSS provider agency billing staff shall complete training about
200.32CFSS program financial management. Any new owners or employees in management
200.33and supervisory positions involved in the day-to-day operations are required to complete
200.34mandatory training as a requisite of working for the agency. CFSS provider agencies
200.35certified for participation in Medicare as home health agencies are exempt from the
200.36training required in this subdivision.

201.1    Sec. 6. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
201.2    Subd. 2. Selection of members, terms, vacancies. Except in counties which
201.3contain a city of the first class and counties having a poor and hospital commission, the
201.4local social services agency shall consist of seven members, including the board of county
201.5commissioners, to be selected as herein provided; two members, one of whom shall be
201.6a woman, shall be appointed by the commissioner of human services board of county
201.7commissioners, one each year for a full term of two years, from a list of residents, submitted
201.8by the board of county commissioners. As each term expires or a vacancy occurs by reason
201.9of death or resignation, a successor shall be appointed by the commissioner of human
201.10services board of county commissioners for the full term of two years or the balance of any
201.11unexpired term from a list of one or more, not to exceed three residents submitted by the
201.12board of county commissioners. The board of county commissioners may, by resolution
201.13adopted by a majority of the board, determine that only three of their members shall be
201.14members of the local social services agency, in which event the local social services agency
201.15shall consist of five members instead of seven. When a vacancy occurs on the local social
201.16services agency by reason of the death, resignation, or expiration of the term of office of a
201.17member of the board of county commissioners, the unexpired term of such member shall
201.18be filled by appointment by the county commissioners. Except to fill a vacancy the term
201.19of office of each member of the local social services agency shall commence on the first
201.20Thursday after the first Monday in July, and continue until the expiration of the term
201.21for which such member was appointed or until a successor is appointed and qualifies.
201.22If the board of county commissioners shall refuse, fail, omit, or neglect to submit one
201.23or more nominees to the commissioner of human services for appointment to the local
201.24social services agency by the commissioner of human services, as herein provided, or to
201.25appoint the three members to the local social services agency, as herein provided, by the
201.26time when the terms of such members commence, or, in the event of vacancies, for a
201.27period of 30 days thereafter, the commissioner of human services is hereby empowered
201.28to and shall forthwith appoint residents of the county to the local social services agency.
201.29The commissioner of human services, on refusing to appoint a nominee from the list of
201.30nominees submitted by the board of county commissioners, shall notify the county board
201.31of such refusal. The county board shall thereupon nominate additional nominees. Before
201.32the commissioner of human services shall fill any vacancy hereunder resulting from the
201.33failure or refusal of the board of county commissioners of any county to act, as required
201.34herein, the commissioner of human services shall mail 15 days' written notice to the board
201.35of county commissioners of its intention to fill such vacancy or vacancies unless the board
201.36of county commissioners shall act before the expiration of the 15-day period.

202.1    Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
202.2    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1
202.3two or more counties may by resolution of their respective boards of county commissioners,
202.4agree to combine the functions of their separate local social services agency into one local
202.5social services agency to serve the two or more counties that enter into the agreement.
202.6Such agreement may be for a definite term or until terminated in accordance with its terms.
202.7When two or more counties have agreed to combine the functions of their separate local
202.8social services agency, a single local social services agency in lieu of existing individual
202.9local social services agency shall be established to direct the activities of the combined
202.10agency. This agency shall have the same powers, duties and functions as an individual local
202.11social services agency. The single local social services agency shall have representation
202.12from each of the participating counties with selection of the members to be as follows:
202.13(a) Each board of county commissioners entering into the agreement shall on an
202.14annual basis select one or two of its members to serve on the single local social services
202.15agency.
202.16(b) Each board of county commissioners entering into the agreement shall in
202.17accordance with procedures established by the commissioner of human services, submit a
202.18list of names of three county residents, who shall not be county commissioners, to the
202.19commissioner of human services. The commissioner shall select one person from each
202.20county list county resident who is not a county commissioner to serve as a local social
202.21services agency member.
202.22(c) The composition of the agency may be determined by the boards of county
202.23commissioners entering into the agreement providing that no less than one-third of the
202.24members are appointed as provided in clause paragraph (b).

202.25    Sec. 8. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to
202.26read:
202.27    Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT
202.28PROCESS.
202.29(a) The commissioner of human services shall issue a request for information for an
202.30integrated service delivery system for health care programs, food support, cash assistance,
202.31and child care. The commissioner shall determine, in consultation with partners in
202.32paragraph (c), if the products meet departments' and counties' functions. The request for
202.33information may incorporate a performance-based vendor financing option in which the
202.34vendor shares the risk of the project's success. The health care system must be developed
203.1in phases with the capacity to integrate food support, cash assistance, and child care
203.2programs as funds are available. The request for information must require that the system:
203.3(1) streamline eligibility determinations and case processing to support statewide
203.4eligibility processing;
203.5(2) enable interested persons to determine eligibility for each program, and to apply
203.6for programs online in a manner that the applicant will be asked only those questions
203.7relevant to the programs for which the person is applying;
203.8(3) leverage technology that has been operational in other state environments with
203.9similar requirements; and
203.10(4) include Web-based application, worker application processing support, and the
203.11opportunity for expansion.
203.12(b) The commissioner shall issue a final report, including the implementation plan,
203.13to the chairs and ranking minority members of the legislative committees with jurisdiction
203.14over health and human services no later than January 31, 2012.
203.15(c) The commissioner shall partner with counties, a service delivery authority
203.16established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology,
203.17other state agencies, and service partners to develop an integrated service delivery
203.18framework, which will simplify and streamline human services eligibility and enrollment
203.19processes. The primary objectives for the simplification effort include significantly
203.20improved eligibility processing productivity resulting in reduced time for eligibility
203.21determination and enrollment, increased customer service for applicants and recipients of
203.22services, increased program integrity, and greater administrative flexibility.
203.23(d) The commissioner, along with a county representative appointed by the
203.24Association of Minnesota Counties, shall report specific implementation progress to the
203.25legislature annually beginning May 15, 2012.
203.26(e) The commissioner shall work with the Minnesota Association of County Social
203.27Service Administrators and the Office of Enterprise Technology to develop collaborative
203.28task forces, as necessary, to support implementation of the service delivery components
203.29under this paragraph. The commissioner must evaluate, develop, and include as part
203.30of the integrated eligibility and enrollment service delivery framework, the following
203.31minimum components:
203.32(1) screening tools for applicants to determine potential eligibility as part of an
203.33online application process;
203.34(2) the capacity to use databases to electronically verify application and renewal
203.35data as required by law;
203.36(3) online accounts accessible by applicants and enrollees;
204.1(4) an interactive voice response system, available statewide, that provides case
204.2information for applicants, enrollees, and authorized third parties;
204.3(5) an electronic document management system that provides electronic transfer of
204.4all documents required for eligibility and enrollment processes; and
204.5(6) a centralized customer contact center that applicants, enrollees, and authorized
204.6third parties can use statewide to receive program information, application assistance,
204.7and case information, report changes, make cost-sharing payments, and conduct other
204.8eligibility and enrollment transactions.
204.9(f) (e) Subject to a legislative appropriation, the commissioner of human services
204.10shall issue a request for proposal for the appropriate phase of an integrated service delivery
204.11system for health care programs, food support, cash assistance, and child care.

204.12    Sec. 9. RULEMAKING; REDUNDANT PROVISION REGARDING
204.13TRANSITION LENSES.
204.14The commissioner of human services shall amend Minnesota Rules, part 9505.0277,
204.15subpart 3, to remove transition lenses from the list of eyeglass services not eligible for
204.16payment under the medical assistance program. The commissioner may use the good
204.17cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt
204.18rules under this section. Minnesota Statutes, section 14.386, does not apply except as
204.19provided in Minnesota Statutes, section 14.388.

204.20    Sec. 10. FEDERAL APPROVAL.
204.21By October 1, 2015, the commissioner of human services shall seek federal authority
204.22to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid
204.23plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI).
204.24To be eligible, an individual must have family income at or below 200 percent of the
204.25federal poverty guidelines, except that for an individual under age 21, only the income of
204.26the individual must be considered in determining eligibility. Services under this program
204.27must be available on a presumptive eligibility basis.

204.28    Sec. 11. REVISOR'S INSTRUCTION.
204.29The revisor of statutes shall remove cross-references to the sections and parts
204.30repealed in section 12, paragraphs (a) and (b), wherever they appear in Minnesota Rules
204.31and shall make changes necessary to correct the punctuation, grammar, or structure of the
204.32remaining text and preserve its meaning.

205.1    Sec. 12. REPEALER.
205.2(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
205.3(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3;
205.49500.1456; and 9525.1580, are repealed.
205.5(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and
205.69505.5325, are repealed contingent upon federal approval of the state Medicaid plan
205.7amendment under section 10. The commissioner of human services shall notify the
205.8revisor of statutes when this occurs.
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