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
1.3policy provisions; modifying provisions relating to children and family
1.4services, the provision of health services, chemical and mental health services,
1.5health-related occupations, Department of Health, public health, continuing care,
1.6public assistance programs, and health care; establishing reporting requirements
1.7and grounds for disciplinary action for health professionals; making changes to
1.8the medical assistance program; modifying provisions governing juvenile safety
1.9and placement; regulating the sale and use of tobacco-related and electronic
1.10delivery devices; modifying requirements for local boards of health; making
1.11changes to provisions governing the Board of Pharmacy; modifying home and
1.12community-based services standards; revising the Minnesota family investment
1.13program; establishing and modifying task forces and advisory councils; making
1.14changes to grant programs; modifying certain penalty fees; requiring studies
1.15and reports;amending Minnesota Statutes 2012, sections 13.46, subdivision
1.162; 62J.497, subdivision 5; 119B.02, subdivision 2; 119B.09, subdivisions 6,
1.1713; 144.1501, subdivision 1; 144.414, by adding a subdivision; 144.4165;
1.18144D.065; 144E.101, subdivision 6; 145.928, by adding a subdivision; 145A.02,
1.19subdivisions 5, 15, by adding subdivisions; 145A.03, subdivisions 1, 2, 4,
1.205, by adding a subdivision; 145A.04, as amended; 145A.05, subdivision 2;
1.21145A.06, subdivisions 2, 5, 6, by adding subdivisions; 145A.07, subdivisions
1.221, 2; 145A.08; 145A.11, subdivision 2; 145A.131; 148.01, subdivisions 1, 2,
1.23by adding a subdivision; 148.105, subdivision 1; 148.6402, subdivision 17;
1.24148.6404; 148.6430; 148.6432, subdivision 1; 148.7802, subdivisions 3, 9;
1.25148.7803, subdivision 1; 148.7805, subdivision 1; 148.7808, subdivisions 1,
1.264; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814;
1.27148.995, subdivision 2; 148B.5301, subdivisions 2, 4; 149A.92, by adding a
1.28subdivision; 150A.01, subdivision 8a; 150A.06, subdivisions 1, 1a, 1c, 1d, 2,
1.292a, 2d, 3, 8; 150A.091, subdivision 16; 150A.10; 151.01; 151.06; 151.211;
1.30151.26; 151.34; 151.35; 151.361, subdivision 2; 151.37, as amended; 151.44;
1.31151.58, subdivisions 2, 3, 5; 153.16, subdivisions 1, 2, 3, by adding subdivisions;
1.32214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31;
1.33214.32; 214.33, subdivision 3, by adding a subdivision; 245A.02, subdivision 19;
1.34245A.03, subdivision 6a; 245A.155, subdivisions 1, 2, 3; 245A.65, subdivision
1.352; 245C.04, by adding a subdivision; 253B.092, subdivision 2; 254B.01, by
1.36adding a subdivision; 254B.05, subdivision 5; 256.962, by adding a subdivision;
1.37256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751, by adding
1.38a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision 1; 256B.69,
1.39subdivision 16, by adding a subdivision; 256D.01, subdivision 1e; 256D.05, by
2.1adding a subdivision; 256D.405, subdivision 1; 256E.30, by adding a subdivision;
2.2256G.02, subdivision 6; 256I.03, subdivision 3; 256I.04, subdivisions 1a, 2a;
2.3256J.09, subdivision 3; 256J.20, subdivision 3; 256J.30, subdivisions 4, 12;
2.4256J.32, subdivisions 6, 8; 256J.38, subdivision 6; 256J.49, subdivision 13;
2.5256J.521, subdivisions 1, 2; 256J.53, subdivisions 2, 5; 256J.626, subdivisions 5,
2.68; 256J.67; 256J.68, subdivisions 1, 2, 4, 7, 8; 256J.751, subdivision 2; 256K.26,
2.7subdivision 4; 260C.157, subdivision 3; 260C.215, subdivisions 4, 6, by adding
2.8a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2, 7; 461.12; 461.18;
2.9461.19; 609.685; 609.6855; 626.556, subdivision 11c; 626.5561, subdivision
2.101; Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2;
2.11144.493, subdivisions 1, 2; 144A.474, subdivisions 8, 12; 144A.475, subdivision
2.123, by adding subdivisions; 145.4716, subdivision 2; 145A.06, subdivision 7;
2.13151.252, by adding a subdivision; 245A.1435; 245A.50, subdivision 5; 245D.02,
2.14by adding a subdivision; 245D.05, subdivisions 1, 1b; 245D.06, subdivision
2.151; 245D.07, subdivision 2; 245D.071, subdivisions 1, 3, 4, 5; 245D.09,
2.16subdivisions 3, 4, 4a, 5; 245D.095, subdivision 3; 245D.22, subdivision 4;
2.17245D.31, subdivisions 3, 4, 5; 245D.33; 254A.035, subdivision 2; 254A.04;
2.18256B.04, subdivision 21; 256B.0625, subdivision 9; 256B.0659, subdivision 21;
2.19256B.0922, subdivision 1; 256B.4912, subdivision 10; 256B.492; 256B.766;
2.20256B.85, subdivision 12; 256J.21, subdivision 2; 256J.24, subdivision 3;
2.21256J.621, subdivision 1; 256J.626, subdivisions 6, 7; 260.835, subdivision
2.222; 626.556, subdivision 7; 626.557, subdivision 9; Laws 2011, First Special
2.23Session chapter 9, article 7, section 7; Laws 2013, chapter 108, article 7, section
2.2460; proposing coding for new law in Minnesota Statutes, chapters 144; 144D;
2.25150A; 151; 214; 245A; 260D; 325F; 325H; 403; 461; repealing Minnesota
2.26Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions 3, 6;
2.27145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9,
2.2810; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision
2.292; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08;
2.30Minnesota Statutes 2013 Supplement, sections 148.6440; 245D.071, subdivision
2.312; Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions
2.321, 2, 3, 4; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000;
2.339500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300;
2.349505.5305; 9505.5310; 9505.5315; 9505.5325; 9525.1580.
2.35BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.36ARTICLE 1
2.37CHILDREN AND FAMILY SERVICES

2.38    Section 1. Minnesota Statutes 2012, section 245A.02, subdivision 19, is amended to
2.39read:
2.40    Subd. 19. Family day care and group family day care child age classifications.
2.41(a) For the purposes of family day care and group family day care licensing under this
2.42chapter, the following terms have the meanings given them in this subdivision.
2.43(b) "Newborn" means a child between birth and six weeks old.
2.44(c) "Infant" means a child who is at least six weeks old but less than 12 months old.
2.45(d) "Toddler" means a child who is at least 12 months old but less than 24 months
2.46old, except that for purposes of specialized infant and toddler family and group family day
2.47care, "toddler" means a child who is at least 12 months old but less than 30 months old.
3.1(e) "Preschooler" means a child who is at least 24 months old up to the school age of
3.2being eligible to enter kindergarten within the next four months.
3.3(f) "School age" means a child who is at least of sufficient age to have attended the
3.4first day of kindergarten, or is eligible to enter kindergarten within the next four months
3.5 five years of age, but is younger than 11 years of age.

3.6    Sec. 2. Minnesota Statutes 2013 Supplement, section 245A.1435, is amended to read:
3.7245A.1435 REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT
3.8DEATH IN LICENSED PROGRAMS.
3.9    (a) When a license holder is placing an infant to sleep, the license holder must place
3.10the infant on the infant's back, unless the license holder has documentation from the
3.11infant's physician directing an alternative sleeping position for the infant. The physician
3.12directive must be on a form approved by the commissioner and must remain on file at the
3.13licensed location. An infant who independently rolls onto its stomach after being placed to
3.14sleep on its back may be allowed to remain sleeping on its stomach if the infant is at least
3.15six months of age or the license holder has a signed statement from the parent indicating
3.16that the infant regularly rolls over at home.
3.17    (b) The license holder must place the infant in a crib directly on a firm mattress with
3.18a fitted sheet that is appropriate to the mattress size, that fits tightly on the mattress, and
3.19overlaps the underside of the mattress so it cannot be dislodged by pulling on the corner of
3.20the sheet with reasonable effort. The license holder must not place anything in the crib with
3.21the infant except for the infant's pacifier, as defined in Code of Federal Regulations, title 16,
3.22part 1511. The requirements of this section apply to license holders serving infants younger
3.23than one year of age. Licensed child care providers must meet the crib requirements under
3.24section 245A.146. A correction order shall not be issued under this paragraph unless there
3.25is evidence that a violation occurred when an infant was present in the license holder's care.
3.26    (c) If an infant falls asleep before being placed in a crib, the license holder must
3.27move the infant to a crib as soon as practicable, and must keep the infant within sight of
3.28the license holder until the infant is placed in a crib. When an infant falls asleep while
3.29being held, the license holder must consider the supervision needs of other children in
3.30care when determining how long to hold the infant before placing the infant in a crib to
3.31sleep. The sleeping infant must not be in a position where the airway may be blocked or
3.32with anything covering the infant's face.
3.33    (d) Placing a swaddled infant down to sleep in a licensed setting is not recommended
3.34for an infant of any age and is prohibited for any infant who has begun to roll over
3.35independently. However, with the written consent of a parent or guardian according to this
4.1paragraph, a license holder may place the infant who has not yet begun to roll over on its
4.2own down to sleep in a one-piece sleeper equipped with an attached system that fastens
4.3securely only across the upper torso, with no constriction of the hips or legs, to create a
4.4swaddle. Prior to any use of swaddling for sleep by a provider licensed under this chapter,
4.5the license holder must obtain informed written consent for the use of swaddling from the
4.6parent or guardian of the infant on a form provided by the commissioner and prepared in
4.7partnership with the Minnesota Sudden Infant Death Center.

4.8    Sec. 3. [245A.1511] CONTRACTORS SERVING MULTIPLE FAMILY CHILD
4.9CARE LICENSE HOLDERS.
4.10    Contractors who serve multiple family child care holders may request that the
4.11county agency maintain a record of:
4.12    (1) the contractor's background study results as required in section 245C.04,
4.13subdivision 7, to verify that the contractor does not have a disqualification or a
4.14disqualification that has not been set aside, and is eligible to provide direct contact services
4.15in a licensed program; and
4.16    (2) the contractor's compliance with training requirements.

4.17    Sec. 4. Minnesota Statutes 2013 Supplement, section 245A.50, subdivision 5, is
4.18amended to read:
4.19    Subd. 5. Sudden unexpected infant death and abusive head trauma training.
4.20    (a) License holders must document that before staff persons, caregivers, and helpers
4.21assist in the care of infants, they are instructed on the standards in section 245A.1435 and
4.22receive training on reducing the risk of sudden unexpected infant death. In addition,
4.23license holders must document that before staff persons, caregivers, and helpers assist in
4.24the care of infants and children under school age, they receive training on reducing the
4.25risk of abusive head trauma from shaking infants and young children. The training in this
4.26subdivision may be provided as initial training under subdivision 1 or ongoing annual
4.27training under subdivision 7.
4.28    (b) Sudden unexpected infant death reduction training required under this subdivision
4.29must be at least one-half hour in length and must be completed in person at least once
4.30every two years. On the years when the license holder is not receiving the in-person
4.31training on sudden unexpected infant death reduction, the license holder must receive
4.32sudden unexpected infant death reduction training through a video of no more than one
4.33hour in length developed or approved by the commissioner., at a minimum, the training
4.34must address the risk factors related to sudden unexpected infant death, means of reducing
5.1the risk of sudden unexpected infant death in child care, and license holder communication
5.2with parents regarding reducing the risk of sudden unexpected infant death.
5.3    (c) Abusive head trauma training required under this subdivision must be at least
5.4one-half hour in length and must be completed at least once every year., at a minimum,
5.5the training must address the risk factors related to shaking infants and young children,
5.6means of reducing the risk of abusive head trauma in child care, and license holder
5.7communication with parents regarding reducing the risk of abusive head trauma.
5.8    (d) Training for family and group family child care providers must be developed
5.9by the commissioner in conjunction with the Minnesota Sudden Infant Death Center and
5.10approved by the Minnesota Center for Professional Development. Sudden unexpected
5.11infant death reduction training and abusive head trauma training may be provided in a
5.12single course of no more than two hours in length.
5.13    (e) Sudden unexpected infant death reduction training and abusive head trauma
5.14training required under this subdivision must be completed in person or as allowed under
5.15subdivision 10, clause (1) or (2), at least once every two years. On the years when the
5.16license holder is not receiving training in person or as allowed under subdivision 10,
5.17clause (1) or (2), the license holder must receive sudden unexpected infant death reduction
5.18training and abusive head trauma training through a video of no more than one hour in
5.19length. The video must be developed or approved by the commissioner.
5.20EFFECTIVE DATE.This section is effective January 1, 2015.

5.21    Sec. 5. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision
5.22to read:
5.23    Subd. 7. Current or prospective contractors serving multiple family child care
5.24license holders. Current or prospective contractors who are required to have a background
5.25study under section 245C.03, subdivision 1, who provide services for multiple family
5.26child care license holders in a single county, and will have direct contact with children
5.27served in the family child care setting are required to have only one background study
5.28which is transferable to all family child care programs in that county if:
5.29    (1) the county agency maintains a record of the contractor's background study results
5.30which verify the contractor is approved to have direct contact with children receiving
5.31services;
5.32    (2) the license holder contacts the county agency and obtains notice that the current
5.33or prospective contractor is in compliance with background study requirements and
5.34approved to have direct contact; and
5.35    (3) the contractor's background study is repeated every two years.

6.1    Sec. 6. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
6.2    Subd. 4. Duties of commissioner. The commissioner of human services shall:
6.3(1) provide practice guidance to responsible social services agencies and child-placing
6.4agencies that reflect federal and state laws and policy direction on placement of children;
6.5(2) develop criteria for determining whether a prospective adoptive or foster family
6.6has the ability to understand and validate the child's cultural background;
6.7(3) provide a standardized training curriculum for adoption and foster care workers
6.8and administrators who work with children. Training must address the following objectives:
6.9(i) developing and maintaining sensitivity to all cultures;
6.10(ii) assessing values and their cultural implications;
6.11(iii) making individualized placement decisions that advance the best interests of a
6.12particular child under section 260C.212, subdivision 2; and
6.13(iv) issues related to cross-cultural placement;
6.14(4) provide a training curriculum for all prospective adoptive and foster families that
6.15prepares them to care for the needs of adoptive and foster children taking into consideration
6.16the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
6.17(5) develop and provide to agencies a home study format to assess the capacities
6.18and needs of prospective adoptive and foster families. The format must address
6.19problem-solving skills; parenting skills; evaluate the degree to which the prospective
6.20family has the ability to understand and validate the child's cultural background, and other
6.21issues needed to provide sufficient information for agencies to make an individualized
6.22placement decision consistent with section 260C.212, subdivision 2. For a study of a
6.23prospective foster parent, the format must also address the capacity of the prospective
6.24foster parent to provide a safe, healthy, smoke-free home environment. If a prospective
6.25adoptive parent has also been a foster parent, any update necessary to a home study for
6.26the purpose of adoption may be completed by the licensing authority responsible for the
6.27foster parent's license. If a prospective adoptive parent with an approved adoptive home
6.28study also applies for a foster care license, the license application may be made with the
6.29same agency which provided the adoptive home study; and
6.30(6) consult with representatives reflecting diverse populations from the councils
6.31established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and
6.32community organizations.

6.33    Sec. 7. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
6.34    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing
6.35agency must:
7.1(1) develop and follow procedures for implementing the requirements of section
7.2260C.212, subdivision 2 , and the Indian Child Welfare Act, United States Code, title
7.325, sections 1901 to 1923;
7.4(2) have a written plan for recruiting adoptive and foster families that reflect the
7.5ethnic and racial diversity of children who are in need of foster and adoptive homes.
7.6The plan must include:
7.7(i) strategies for using existing resources in diverse communities;
7.8(ii) use of diverse outreach staff wherever possible;
7.9(iii) use of diverse foster homes for placements after birth and before adoption; and
7.10(iv) other techniques as appropriate;
7.11(3) have a written plan for training adoptive and foster families;
7.12(4) have a written plan for employing staff in adoption and foster care who have
7.13the capacity to assess the foster and adoptive parents' ability to understand and validate a
7.14child's cultural and meet the child's individual needs, and to advance the best interests of
7.15the child, as required in section 260C.212, subdivision 2. The plan must include staffing
7.16goals and objectives;
7.17(5) ensure that adoption and foster care workers attend training offered or approved
7.18by the Department of Human Services regarding cultural diversity and the needs of special
7.19needs children; and
7.20(6) develop and implement procedures for implementing the requirements of the
7.21Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
7.22(7) ensure that children in foster care are protected from the effects of secondhand
7.23smoke and that licensed foster homes maintain a smoke-free environment in compliance
7.24with subdivision 9.
7.25(b) In determining the suitability of a proposed placement of an Indian child, the
7.26standards to be applied must be the prevailing social and cultural standards of the Indian
7.27child's community, and the agency shall defer to tribal judgment as to suitability of a
7.28particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

7.29    Sec. 8. Minnesota Statutes 2012, section 260C.215, is amended by adding a
7.30subdivision to read:
7.31    Subd. 9. Preventing exposure to secondhand smoke for children in foster care.
7.32    (a) A child in foster care shall not be exposed to any type of secondhand smoke in the
7.33following settings:
7.34    (1) a licensed foster home or any enclosed space connected to the home, including a
7.35garage, porch, deck, or similar space; or
8.1    (2) a motor vehicle while a foster child is transported.
8.2    (b) Smoking in outdoor areas on the premises of the home is permitted, except when
8.3a foster child is present and exposed to secondhand smoke.
8.4    (c) The home study required in subdivision 4, clause (5), must include a plan to
8.5maintain a smoke-free environment for foster children.
8.6    (d) If a foster parent fails to provide a smoke-free environment for a foster child, the
8.7child-placing agency must ask the foster parent to comply with a plan that includes training
8.8on the health risks of exposure to secondhand smoke. If the agency determines that the
8.9foster parent is unable to provide a smoke-free environment and that the home environment
8.10constitutes a health risk to a foster child, the agency must reassess whether the placement
8.11is based on the child's best interests consistent with section 260C.212, subdivision 2.
8.12    (e) Nothing in this subdivision shall delay the placement of a child with a relative,
8.13consistent with section 245A.035, unless the relative is unable to provide for the
8.14immediate health needs of the individual child.
8.15    (f) If a child's best interests would most effectively be served by placement in a home
8.16which will not meet the requirements of paragraph (a), the failure to meet the requirements
8.17of paragraph (a) shall not be a cause to deny placement in that home.
8.18    (g) Nothing in this subdivision shall be interpreted to interfere, conflict with, or be a
8.19basis for denying placement pursuant to the provisions of the federal Indian Child Welfare
8.20Act or Minnesota Indian Family Preservation Act.
8.21    (h) Nothing in this subdivision shall be interpreted to interfere with traditional or
8.22spiritual Native American or religious ceremonies involving the use of tobacco.

8.23    Sec. 9. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
8.24    Subd. 11c. Welfare, court services agency, and school records maintained.
8.25Notwithstanding sections 138.163 and 138.17, records maintained or records derived
8.26from reports of abuse by local welfare agencies, agencies responsible for assessing or
8.27investigating the report, court services agencies, or schools under this section shall be
8.28destroyed as provided in paragraphs (a) to (d) by the responsible authority.
8.29(a) For family assessment cases and cases where an investigation results in no
8.30determination of maltreatment or the need for child protective services, the assessment or
8.31investigation records must be maintained for a period of four years. Records under this
8.32paragraph may not be used for employment, background checks, or purposes other than to
8.33assist in future risk and safety assessments.
9.1(b) All records relating to reports which, upon investigation, indicate either
9.2maltreatment or a need for child protective services shall be maintained for at least ten
9.3years after the date of the final entry in the case record.
9.4(c) All records regarding a report of maltreatment, including any notification of intent
9.5to interview which was received by a school under subdivision 10, paragraph (d), shall be
9.6destroyed by the school when ordered to do so by the agency conducting the assessment or
9.7investigation. The agency shall order the destruction of the notification when other records
9.8relating to the report under investigation or assessment are destroyed under this subdivision.
9.9(d) Private or confidential data released to a court services agency under subdivision
9.1010h must be destroyed by the court services agency when ordered to do so by the local
9.11welfare agency that released the data. The local welfare agency or agency responsible for
9.12assessing or investigating the report shall order destruction of the data when other records
9.13relating to the assessment or investigation are destroyed under this subdivision.
9.14(e) For reports alleging child maltreatment that were not accepted for assessment
9.15or investigation, counties shall maintain sufficient information to identify repeat reports
9.16alleging maltreatment of the same child or children for 365 days from the date the report
9.17was screened out. The Department of Human Services shall specify to the counties the
9.18minimum information needed to accomplish this purpose. Counties shall enter this data
9.19into the state social services information system.

9.20    Sec. 10. MINNESOTA TANF EXPENDITURES TASK FORCE.
9.21    Subdivision 1. Establishment. The Minnesota TANF Expenditures Task Force is
9.22established to analyze past temporary assistance for needy families (TANF) expenditures
9.23and make recommendations as to which, if any, programs currently receiving TANF
9.24funding should be funded by the general fund so that a greater portion of TANF funds
9.25can go directly to Minnesota families receiving assistance through the Minnesota family
9.26investment program under Minnesota Statutes, chapter 256J.
9.27    Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of the
9.28following members who serve at the pleasure of their appointing authority:
9.29(1) one representative of the Department of Human Services appointed by the
9.30commissioner of human services;
9.31(2) one representative of the Department of Management and Budget appointed by
9.32the commissioner of management and budget;
9.33(3) one representative of the Department of Health appointed by the commissioner
9.34of health;
9.35(4) one representative of the Local Public Health Association of Minnesota;
10.1(5) two representatives of county government appointed by the Association of
10.2Minnesota Counties, one representing counties in the seven-county metropolitan area
10.3and one representing all other counties;
10.4(6) one representative of the Minnesota Legal Services Coalition;
10.5(7) one representative of the Children's Defense Fund of Minnesota;
10.6(8) one representative of the Minnesota Coalition for the Homeless;
10.7(9) one representative of the Welfare Rights Coalition;
10.8(10) two members of the house of representatives, one appointed by the speaker of
10.9the house and one appointed by the minority leader; and
10.10(11) two members of the senate, including one member of the minority party,
10.11appointed according to the rules of the senate.
10.12(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
10.13shall serve without compensation or reimbursement of expenses.
10.14(c) The commissioner of human services must convene the first meeting of the
10.15Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
10.16least quarterly.
10.17(d) Staffing and technical assistance shall be provided within available resources by
10.18the Department of Human Services, children and family services division.
10.19    Subd. 3. Duties. (a) The task force must report on past expenditures of the TANF
10.20block grant, including a determination of whether or not programs for which TANF funds
10.21have been appropriated meet the purposes of the TANF program as defined under Code of
10.22Federal Regulations, title 45, section 260.20, and make recommendations as to which,
10.23if any, programs currently receiving TANF funds should be funded by the general fund.
10.24In making recommendations on program funding sources, the task force shall consider
10.25the following:
10.26(1) the original purpose of the TANF block grant under Code of Federal Regulations,
10.27title 45, section 260.20;
10.28(2) potential overlap of the population eligible for the Minnesota family investment
10.29program cash grant and the other programs currently receiving TANF funds;
10.30(3) the ability for TANF funds, as appropriated under current law, to effectively help
10.31the lowest-income Minnesotans out of poverty;
10.32(4) the impact of past expenditures on families who may be eligible for assistance
10.33through TANF;
10.34(5) the ability of TANF funds to support effective parenting and optimal brain
10.35development in children under five years old; and
11.1(6) the role of noncash assistance expenditures in maintaining compliance with
11.2federal law.
11.3(b) In preparing the recommendations under paragraph (a), the task force shall
11.4consult with appropriate Department of Human Services information technology staff
11.5regarding implementation of the recommendations.
11.6    Subd. 4. Report. (a) The task force must submit an initial report by November
11.730, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
11.8ranking minority members of the legislative committees with jurisdiction over health and
11.9human services policy and finance.
11.10(b) The task force must submit a final report by February 1, 2015, analyzing past
11.11TANF expenditures and making recommendations as to which programs, if any, currently
11.12receiving TANF funding should be funded by the general fund, including any phase-in
11.13period and draft legislation necessary for implementation, to the chairs and ranking
11.14minority members of the legislative committees with jurisdiction over health and human
11.15services policy and finance.
11.16    Subd. 5. Expiration. This section expires March 1, 2015, or upon submission of the
11.17final report required under subdivision 4, whichever is earlier.
11.18EFFECTIVE DATE.This section is effective the day following final enactment.

11.19    Sec. 11. REVISOR'S INSTRUCTION.
11.20The revisor of statutes shall change the term "guardianship assistance" to "Northstar
11.21kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
11.22refer to the program components related to Northstar Care for Children under Minnesota
11.23Statutes, chapter 256N.

11.24ARTICLE 2
11.25PROVISION OF HEALTH SERVICES

11.26    Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
11.27read:
11.28    Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
11.29basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
11.30accompany the patient and provide a level of care so as to ensure that:
11.31    (1) life-threatening situations and potentially serious injuries are recognized;
11.32    (2) patients are protected from additional hazards;
12.1    (3) basic treatment to reduce the seriousness of emergency situations is administered;
12.2and
12.3    (4) patients are transported to an appropriate medical facility for treatment.
12.4    (b) A basic life-support service shall provide basic airway management.
12.5    (c) A basic life-support service shall provide automatic defibrillation.
12.6    (d) A basic life-support service licensee's medical director may authorize ambulance
12.7service personnel to perform intravenous infusion and use equipment that is within the
12.8licensure level of the ambulance service, including administration of an opiate antagonist.
12.9Ambulance service personnel must be properly trained. Documentation of authorization
12.10for use, guidelines for use, continuing education, and skill verification must be maintained
12.11in the licensee's files.
12.12    (e) Upon application from an ambulance service that includes evidence demonstrating
12.13hardship, the board may grant a variance from the staff requirements in paragraph (a) and
12.14may authorize a basic life-support ambulance to be staffed by one EMT and one registered
12.15emergency medical responder driver for all emergency ambulance calls and interfacility
12.16transfers. The variance shall apply to basic life-support ambulances operated by the
12.17ambulance service until the ambulance service renews its license. When a variance expires,
12.18an ambulance service may apply for a new variance under this paragraph. For purposes of
12.19this paragraph, "ambulance service" means either an ambulance service whose primary
12.20service area is mainly located outside the metropolitan counties listed in section 473.121,
12.21subdivision 4
, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
12.22Cloud; or an ambulance service based in a community with a population of less than 1,000.
12.23    (f) After an initial emergency ambulance call, each subsequent emergency ambulance
12.24response, until the initial ambulance is again available, and interfacility transfers, may
12.25be staffed by one registered emergency medical responder driver and an EMT. The
12.26EMT must accompany the patient and provide the level of care required in paragraph
12.27(a). This paragraph applies only to an ambulance service whose primary service area is
12.28mainly located outside the metropolitan counties listed in section 473.121, subdivision
12.294
, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
12.30ambulance based in a community with a population of less than 1,000 persons.

12.31    Sec. 2. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
12.32    Subdivision 1. Practice of dentistry. A person licensed to practice dentistry under
12.33sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating
12.34in the administration of an influenza vaccination.
13.1    Subd. 2. Qualified dentists. (a) The influenza immunization shall be administered
13.2only to patients 19 years of age and older and only by licensed dentists who:
13.3(1) have immediate access to emergency response equipment, including but not
13.4limited to oxygen administration equipment, epinephrine, and other allergic reaction
13.5response equipment; and
13.6(2) are trained in or have successfully completed a program approved by the
13.7Minnesota Board of Dentistry, specifically for the administration of immunizations. The
13.8training or program must include:
13.9(i) educational material on the disease of influenza and vaccination as prevention
13.10of the disease;
13.11(ii) contraindications and precautions;
13.12(iii) intramuscular administration;
13.13(iv) communication of risk and benefits of influenza vaccination and legal
13.14requirements involved;
13.15(v) reporting of adverse events;
13.16(vi) documentation required by federal law; and
13.17(vii) storage and handling of vaccines.
13.18(b) Any dentist giving influenza vaccinations under this section shall comply
13.19with guidelines established by the federal Advisory Committee on Immunization
13.20Practices relating to vaccines and immunizations, which includes, but is not limited to,
13.21vaccine storage and handling, vaccine administration and documentation, and vaccine
13.22contraindications and precautions.
13.23    Subd. 3. Coordination of care. After a dentist qualified under subdivision 2 has
13.24administered an influenza vaccine to a patient, the dentist shall report the administration of
13.25the immunization to the Minnesota Immunization Information Connection or otherwise
13.26notify the patient's primary physician or clinic of the administration of the immunization.
13.27EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
13.28influenza immunizations performed on or after that date.

13.29    Sec. 3. [151.71] MAXIMUM ALLOWABLE COST PRICING.
13.30    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
13.31have the meanings given.
13.32(b) "Health plan company" has the meaning provided in section 62Q.01, subdivision
13.334.
14.1(c) "Pharmacy benefit manager" means an entity doing business in this state that
14.2contracts to administer or manage prescription drug benefits on behalf of any health plan
14.3company that provides prescription drug benefits to residents of this state.
14.4    Subd. 2. Pharmacy benefit manager contracts with pharmacies; maximum
14.5allowable cost pricing. (a) In each contract between a pharmacy benefit manager and
14.6a pharmacy, the pharmacy shall be given the right to obtain from the pharmacy benefit
14.7manager a current list of the sources used to determine maximum allowable cost pricing.
14.8The pharmacy benefit manager shall update the pricing information at least every seven
14.9business days and provide a means by which contracted pharmacies may promptly review
14.10current prices in an electronic, print, or telephonic format within one business day at no
14.11cost to the pharmacy. A pharmacy benefit manager shall maintain a procedure to eliminate
14.12products from the list of drugs subject to maximum allowable cost pricing in a timely
14.13manner in order to remain consistent with changes in the marketplace.
14.14(b) In order to place a prescription drug on a maximum allowable cost list, a
14.15pharmacy benefit manager shall ensure that the drug is generally available for purchase by
14.16pharmacies in this state from a national or regional wholesaler and is not obsolete.
14.17(c) Each contract between a pharmacy benefit manager and a pharmacy must include
14.18a process to appeal, investigate, and resolve disputes regarding maximum allowable cost
14.19pricing that includes:
14.20(1) a 15 business day limit on the right to appeal following the initial claim;
14.21(2) a requirement that the appeal be investigated and resolved within seven business
14.22days after the appeal; and
14.23(3) a requirement that a pharmacy benefit manager provide a reason for any appeal
14.24denial and identify the national drug code of a drug that may be purchased by the
14.25pharmacy at a price at or below the maximum allowable cost price as determined by
14.26the pharmacy benefit manager.
14.27(d) If the appeal is upheld, the pharmacy benefit manager shall make an adjustment
14.28to the maximum allowable cost price no later than one business day after the date of
14.29determination. The pharmacy benefit manager shall make the price adjustment applicable
14.30to all similarly situated network pharmacy providers as defined by the plan sponsor.
14.31EFFECTIVE DATE.This section is effective January 1, 2015.

14.32    Sec. 4. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
14.33DATABASE.
14.34The Board of Pharmacy, in collaboration with the Prescription Monitoring Program
14.35Advisory Task Force, shall report to the chairs and ranking minority members of the house
15.1of representatives and senate committees and divisions with jurisdiction over health and
15.2human services policy and finance, by December 15, 2014, with:
15.3(1) recommendations on whether or not to require the use of the prescription
15.4monitoring program database by prescribers when prescribing or considering prescribing,
15.5and pharmacists when dispensing or considering dispensing, a controlled substance as
15.6defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c);
15.7(2) an analysis of the impact of the prescription monitoring program on rates of
15.8chemical abuse and prescription drug abuse; and
15.9(3) recommendations on approaches to encourage access to appropriate treatment
15.10for prescription drug abuse, through the prescription monitoring program.

15.11ARTICLE 3
15.12CHEMICAL AND MENTAL HEALTH SERVICES

15.13    Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to
15.14read:
15.15    Subd. 6a. Adult foster care homes serving people with mental illness;
15.16certification. (a) The commissioner of human services shall issue a mental health
15.17certification for adult foster care homes licensed under this chapter and Minnesota Rules,
15.18parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of mental
15.19illness where the home is not the primary residence of the license holder when a provider
15.20is determined to have met the requirements under paragraph (b). This certification is
15.21voluntary for license holders. The certification shall be printed on the license, and
15.22identified on the commissioner's public Web site.
15.23(b) The requirements for certification are:
15.24(1) all staff working in the adult foster care home have received at least seven hours
15.25of annual training under paragraph (c) covering all of the following topics:
15.26(i) mental health diagnoses;
15.27(ii) mental health crisis response and de-escalation techniques;
15.28(iii) recovery from mental illness;
15.29(iv) treatment options including evidence-based practices;
15.30(v) medications and their side effects;
15.31(vi) suicide intervention, identifying suicide warning signs, and appropriate
15.32responses;
15.33(vii) co-occurring substance abuse and health conditions; and
15.34(vii) (viii) community resources;
16.1(2) a mental health professional, as defined in section 245.462, subdivision 18, or
16.2a mental health practitioner as defined in section 245.462, subdivision 17, are available
16.3for consultation and assistance;
16.4(3) there is a plan and protocol in place to address a mental health crisis; and
16.5(4) there is a crisis plan for each individual's Individual Placement Agreement
16.6 individual that identifies who is providing clinical services and their contact information,
16.7and includes an individual crisis prevention and management plan developed with the
16.8individual.
16.9(c) The training curriculum must be approved by the commissioner of human
16.10services and must include a testing component after training is completed. Training must
16.11be provided by a mental health professional or a mental health practitioner. Training may
16.12also be provided by an individual living with a mental illness or a family member of such
16.13an individual, who is from a nonprofit organization with a history of providing educational
16.14classes on mental illnesses approved by the Department of Human Services to deliver
16.15mental health training. Staff must receive three hours of training in the areas specified in
16.16paragraph (b), clause (1), items (i) and (ii), prior to working alone with residents. The
16.17remaining hours of mandatory training, including a review of the information in paragraph
16.18(b), clause (1), item (ii), must be completed within six months of the hire date. For
16.19programs licensed under chapter 245D, training under this chapter may be incorporated
16.20into the 30 hours of staff orientation training required under section 245D.09, subdivision 4.
16.21(c) (d) License holders seeking certification under this subdivision must request
16.22this certification on forms provided by the commissioner and must submit the request to
16.23the county licensing agency in which the home is located. The county licensing agency
16.24must forward the request to the commissioner with a county recommendation regarding
16.25whether the commissioner should issue the certification.
16.26(d) (e) Ongoing compliance with the certification requirements under paragraph (b)
16.27shall be reviewed by the county licensing agency at each licensing review. When a county
16.28licensing agency determines that the requirements of paragraph (b) are not met, the county
16.29shall inform the commissioner, and the commissioner will remove the certification.
16.30(e) (f) A denial of the certification or the removal of the certification based on a
16.31determination that the requirements under paragraph (b) have not been met by the adult
16.32foster care license holder are not subject to appeal. A license holder that has been denied a
16.33certification or that has had a certification removed may again request certification when
16.34the license holder is in compliance with the requirements of paragraph (b).

17.1    Sec. 2. Minnesota Statutes 2013 Supplement, section 245D.33, is amended to read:
17.2245D.33 ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
17.3(a) The commissioner of human services shall issue a mental health certification
17.4for services licensed under this chapter when a license holder is determined to have met
17.5the requirements under section 245A.03, subdivision 6a, paragraph (b). This certification
17.6is voluntary for license holders. The certification shall be printed on the license and
17.7identified on the commissioner's public Web site.
17.8(b) The requirements for certification are:
17.9(1) all staff have received at least seven hours of annual training covering all of
17.10the following topics:
17.11(i) mental health diagnoses;
17.12(ii) mental health crisis response and de-escalation techniques;
17.13(iii) recovery from mental illness;
17.14(iv) treatment options, including evidence-based practices;
17.15(v) medications and their side effects;
17.16(vi) co-occurring substance abuse and health conditions; and
17.17(vii) community resources;
17.18(2) a mental health professional, as defined in section 245.462, subdivision 18, or a
17.19mental health practitioner as defined in section 245.462, subdivision 17, is available
17.20for consultation and assistance;
17.21(3) there is a plan and protocol in place to address a mental health crisis; and
17.22(4) each person's individual service and support plan identifies who is providing
17.23clinical services and their contact information, and includes an individual crisis prevention
17.24and management plan developed with the person.
17.25(c) License holders seeking certification under this section must request this
17.26certification on forms and in the manner prescribed by the commissioner.
17.27(d) (c) If the commissioner finds that the license holder has failed to comply with
17.28the certification requirements under section 245A.03, subdivision 6a, paragraph (b),
17.29the commissioner may issue a correction order and an order of conditional license in
17.30accordance with section 245A.06 or may issue a sanction in accordance with section
17.31245A.07 , including and up to removal of the certification.
17.32(e) (d) A denial of the certification or the removal of the certification based on a
17.33determination that the requirements under section 245A.03, subdivision 6a, paragraph
17.34(b) have not been met is not subject to appeal. A license holder that has been denied a
17.35certification or that has had a certification removed may again request certification when
18.1the license holder is in compliance with the requirements of section 245A.03, subdivision
18.26a, paragraph (b).

18.3    Sec. 3. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
18.4    Subd. 2. Administration without judicial review. Neuroleptic medications may be
18.5administered without judicial review in the following circumstances:
18.6(1) the patient has the capacity to make an informed decision under subdivision 4;
18.7(2) the patient does not have the present capacity to consent to the administration
18.8of neuroleptic medication, but prepared a health care directive under chapter 145C or a
18.9declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
18.10agent or proxy to request treatment, and the agent or proxy has requested the treatment;
18.11(3) the patient has been prescribed neuroleptic medication but lacks the capacity
18.12to consent to the administration of that neuroleptic medication upon admission to the
18.13treatment facility; continued administration of the medication is in the patient's best
18.14interest; and the patient does not refuse administration of the medication. In this situation,
18.15the previously prescribed neuroleptic medication may be continued for up to 14 days
18.16while the treating physician:
18.17(i) is obtaining a substitute decision-maker appointed by the court under subdivision
18.186; or
18.19(ii) is requesting an amendment to a current court order authorizing administration
18.20of neuroleptic medication;
18.21(4) a substitute decision-maker appointed by the court consents to the administration
18.22of the neuroleptic medication and the patient does not refuse administration of the
18.23medication; or
18.24(4) (5) the substitute decision-maker does not consent or the patient is refusing
18.25medication, and the patient is in an emergency situation.

18.26    Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
18.27amended to read:
18.28    Subd. 2. Membership terms, compensation, removal and expiration. The
18.29membership of this council shall be composed of 17 persons who are American Indians
18.30and who are appointed by the commissioner. The commissioner shall appoint one
18.31representative from each of the following groups: Red Lake Band of Chippewa Indians;
18.32Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
18.33Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
18.34Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
19.1Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
19.2Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
19.3Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
19.4and two representatives from the Minneapolis Urban Indian Community and two from the
19.5St. Paul Urban Indian Community. The terms, compensation, and removal of American
19.6Indian Advisory Council members shall be as provided in section 15.059. The council
19.7expires June 30, 2014 2018.
19.8EFFECTIVE DATE.This section is effective the day following final enactment.

19.9    Sec. 5. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
19.10254A.04 CITIZENS ADVISORY COUNCIL.
19.11There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
19.12advise the Department of Human Services concerning the problems of alcohol and
19.13other drug dependency and abuse, composed of ten members. Five members shall be
19.14individuals whose interests or training are in the field of alcohol dependency and abuse;
19.15and five members whose interests or training are in the field of dependency and abuse of
19.16drugs other than alcohol. The terms, compensation and removal of members shall be as
19.17provided in section 15.059. The council expires June 30, 2014 2018. The commissioner
19.18of human services shall appoint members whose terms end in even-numbered years. The
19.19commissioner of health shall appoint members whose terms end in odd-numbered years.
19.20EFFECTIVE DATE.This section is effective the day following final enactment.

19.21    Sec. 6. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision
19.22to read:
19.23    Subd. 8. Culturally specific program. (a) "Culturally specific program" means a
19.24substance use disorder treatment service program that is recovery-focused and culturally
19.25specific when the program:
19.26(1) improves service quality to and outcomes of a specific population by advancing
19.27health equity to help eliminate health disparities; and
19.28(2) ensures effective, equitable, comprehensive, and respectful quality care services
19.29that are responsive to an individual within a specific population's values, beliefs and
19.30practices, health literacy, preferred language, and other communication needs.
19.31(b) A tribally licensed substance use disorder program that is designated as serving
19.32a culturally specific population by the applicable tribal government is deemed to satisfy
19.33this subdivision.

20.1    Sec. 7. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
20.2    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for
20.3chemical dependency services and service enhancements funded under this chapter.
20.4(b) Eligible chemical dependency treatment services include:
20.5(1) outpatient treatment services that are licensed according to Minnesota Rules,
20.6parts 9530.6405 to 9530.6480, or applicable tribal license;
20.7(2) medication-assisted therapy services that are licensed according to Minnesota
20.8Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
20.9(3) medication-assisted therapy plus enhanced treatment services that meet the
20.10requirements of clause (2) and provide nine hours of clinical services each week;
20.11(4) high, medium, and low intensity residential treatment services that are licensed
20.12according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
20.13tribal license which provide, respectively, 30, 15, and five hours of clinical services each
20.14week;
20.15(5) hospital-based treatment services that are licensed according to Minnesota Rules,
20.16parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
20.17sections 144.50 to 144.56;
20.18(6) adolescent treatment programs that are licensed as outpatient treatment programs
20.19according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
20.20programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
20.21(7) room and board facilities that meet the requirements of section 254B.05,
20.22subdivision 1a.
20.23(c) The commissioner shall establish higher rates for programs that meet the
20.24requirements of paragraph (b) and the following additional requirements:
20.25(1) programs that serve parents with their children if the program meets the
20.26additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child
20.27care that meets the requirements of section 245A.03, subdivision 2, during hours of
20.28treatment activity;
20.29(2) culturally specific programs serving special populations as defined in section
20.30254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part
20.319530.6605, subpart 13;
20.32(3) programs that offer medical services delivered by appropriately credentialed
20.33health care staff in an amount equal to two hours per client per week; and
20.34(4) programs that offer services to individuals with co-occurring mental health and
20.35chemical dependency problems if:
21.1(i) the program meets the co-occurring requirements in Minnesota Rules, part
21.29530.6495;
21.3(ii) 25 percent of the counseling staff are mental health professionals, as defined in
21.4section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
21.5under the supervision of a licensed alcohol and drug counselor supervisor and licensed
21.6mental health professional, except that no more than 50 percent of the mental health staff
21.7may be students or licensing candidates;
21.8(iii) clients scoring positive on a standardized mental health screen receive a mental
21.9health diagnostic assessment within ten days of admission;
21.10(iv) the program has standards for multidisciplinary case review that include a
21.11monthly review for each client;
21.12(v) family education is offered that addresses mental health and substance abuse
21.13disorders and the interaction between the two; and
21.14(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
21.15training annually.
21.16(d) Adolescent residential programs that meet the requirements of Minnesota Rules,
21.17parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause
21.18(4), items (i) to (iv).

21.19    Sec. 8. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
21.20amended to read:
21.21    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American
21.22Indian Child Welfare Advisory Council expires June 30, 2014 2018.
21.23EFFECTIVE DATE.This section is effective the day following final enactment.

21.24    Sec. 9. Minnesota Statutes 2012, section 260C.157, subdivision 3, is amended to read:
21.25    Subd. 3. Juvenile treatment screening team. (a) The responsible social services
21.26agency shall establish a juvenile treatment screening team to conduct screenings and
21.27prepare case plans under this chapter, chapter 260D, and section 245.487, subdivision
21.283. Screenings shall be conducted within 15 days of a request for a screening, unless
21.29the screening is for the purpose of placement in mental health residential treatment
21.30and the child is enrolled in a prepaid health program under section 256B.69 in which
21.31case the screening shall be conducted within ten working days of a request. The team,
21.32which may be the team constituted under section 245.4885 or 256B.092 or Minnesota
21.33Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile justice
21.34professionals, persons with expertise in the treatment of juveniles who are emotionally
22.1disabled, chemically dependent, or have a developmental disability, and the child's parent,
22.2guardian, or permanent legal custodian under Minnesota Statutes 2010, section 260C.201,
22.3subdivision 11
, or section 260C.515, subdivision 4. The team may be the same team as
22.4defined in section 260B.157, subdivision 3.
22.5(b) The social services agency shall determine whether a child brought to its
22.6attention for the purposes described in this section is an Indian child, as defined in section
22.7260C.007, subdivision 21 , and shall determine the identity of the Indian child's tribe, as
22.8defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child,
22.9the team provided in paragraph (a) shall include a designated representative of the Indian
22.10child's tribe, unless the child's tribal authority declines to appoint a representative. The
22.11Indian child's tribe may delegate its authority to represent the child to any other federally
22.12recognized Indian tribe, as defined in section 260.755, subdivision 12.
22.13(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
22.14(1) for the primary purpose of treatment for an emotional disturbance, a
22.15developmental disability, or chemical dependency in a residential treatment facility out
22.16of state or in one which is within the state and licensed by the commissioner of human
22.17services under chapter 245A; or
22.18(2) in any out-of-home setting potentially exceeding 30 days in duration, including a
22.19postdispositional placement in a facility licensed by the commissioner of corrections or
22.20human services, the court shall ascertain whether the child is an Indian child and shall
22.21notify the county welfare agency and, if the child is an Indian child, shall notify the Indian
22.22child's tribe. The county's juvenile treatment screening team must either: (i) screen and
22.23evaluate the child and file its recommendations with the court within 14 days of receipt
22.24of the notice; or (ii) elect not to screen a given case and notify the court of that decision
22.25within three working days.
22.26(d) The child may not be placed for the primary purpose of treatment for an
22.27emotional disturbance, a developmental disability, or chemical dependency, in a residential
22.28treatment facility out of state nor in a residential treatment facility within the state that is
22.29licensed under chapter 245A, unless one of the following conditions applies:
22.30(1) a treatment professional certifies that an emergency requires the placement
22.31of the child in a facility within the state;
22.32(2) the screening team has evaluated the child and recommended that a residential
22.33placement is necessary to meet the child's treatment needs and the safety needs of the
22.34community, that it is a cost-effective means of meeting the treatment needs, and that it
22.35will be of therapeutic value to the child; or
23.1(3) the court, having reviewed a screening team recommendation against placement,
23.2determines to the contrary that a residential placement is necessary. The court shall state
23.3the reasons for its determination in writing, on the record, and shall respond specifically
23.4to the findings and recommendation of the screening team in explaining why the
23.5recommendation was rejected. The attorney representing the child and the prosecuting
23.6attorney shall be afforded an opportunity to be heard on the matter.
23.7(e) When the county's juvenile treatment screening team has elected to screen and
23.8evaluate a child determined to be an Indian child, the team shall provide notice to the
23.9tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a
23.10member of the tribe or as a person eligible for membership in the tribe, and permit the
23.11tribe's representative to participate in the screening team.
23.12(f) When the Indian child's tribe or tribal health care services provider or Indian
23.13Health Services provider proposes to place a child for the primary purpose of treatment
23.14for an emotional disturbance, a developmental disability, or co-occurring emotional
23.15disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by
23.16the child's tribe shall submit necessary documentation to the county juvenile treatment
23.17screening team, which must invite the Indian child's tribe to designate a representative to
23.18the screening team.

23.19    Sec. 10. PILOT PROGRAM; NOTICE AND INFORMATION TO
23.20COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
23.21COMMITTED TO COMMISSIONER.
23.22The commissioner of human services may create a pilot program that is designed to
23.23respond to issues that were raised in the February 2013 Office of the Legislative Auditor
23.24report on state-operated services. The pilot program may include no more than three
23.25counties to test the efficacy of providing notice and information to the commissioner prior
23.26to or when a petition is filed to commit a patient exclusively to the commissioner. The
23.27commissioner shall provide a status update to the chairs and ranking minority members of
23.28the legislative committees with jurisdiction over civil commitment and human services
23.29issues, no later than January 15, 2015.

23.30ARTICLE 4
23.31HEALTH-RELATED LICENSING BOARDS

23.32    Section 1. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
23.33    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10:
24.1    (1) "chiropractic" is defined as the science of adjusting any abnormal articulations
24.2of the human body, especially those of the spinal column, for the purpose of giving
24.3freedom of action to impinged nerves that may cause pain or deranged function; and
24.4 means the health care discipline that recognizes the innate recuperative power of the body
24.5to heal itself without the use of drugs or surgery by identifying and caring for vertebral
24.6subluxations and other abnormal articulations by emphasizing the relationship between
24.7structure and function as coordinated by the nervous system and how that relationship
24.8affects the preservation and restoration of health;
24.9    (2) "chiropractic services" means the evaluation and facilitation of structural,
24.10biomechanical, and neurological function and integrity through the use of adjustment,
24.11manipulation, mobilization, or other procedures accomplished by manual or mechanical
24.12forces applied to bones or joints and their related soft tissues for correction of vertebral
24.13subluxation, other abnormal articulations, neurological disturbances, structural alterations,
24.14or biomechanical alterations, and includes, but is not limited to, manual therapy and
24.15mechanical therapy as defined in section 146.23;
24.16    (3) "abnormal articulation" means the condition of opposing bony joint surfaces and
24.17their related soft tissues that do not function normally, including subluxation, fixation,
24.18adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or
24.19disturbances within the nervous system, results in postural alteration, inhibits motion,
24.20allows excessive motion, alters direction of motion, or results in loss of axial loading
24.21efficiency, or a combination of these;
24.22    (4) "diagnosis" means the physical, clinical, and laboratory examination of the
24.23patient, and the use of diagnostic services for diagnostic purposes within the scope of the
24.24practice of chiropractic described in sections 148.01 to 148.10;
24.25    (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic
24.26measures, including diagnostic imaging that may be necessary to determine the presence
24.27or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for
24.28evaluation of a health concern, diagnosis, differential diagnosis, treatment, further
24.29examination, or referral;
24.30    (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota
24.31Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive
24.32sciences and procedures for which the licensee was subject to examination under section
24.33148.06. When provided, therapeutic services must be performed within a practice
24.34where the primary focus is the provision of chiropractic services, to prepare the patient
24.35for chiropractic services, or to complement the provision of chiropractic services. The
25.1administration of therapeutic services is the responsibility of the treating chiropractor and
25.2must be rendered under the direct supervision of qualified staff;
25.3    (7) "acupuncture" means a modality of treating abnormal physical conditions
25.4by stimulating various points of the body or interruption of the cutaneous integrity
25.5by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as
25.6utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an
25.7independent therapy or separately from chiropractic services. Acupuncture is permitted
25.8under section 148.01 only after registration with the board which requires completion
25.9of a board-approved course of study and successful completion of a board-approved
25.10national examination on acupuncture. Renewal of registration shall require completion of
25.11board-approved continuing education requirements in acupuncture. The restrictions of
25.12section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture
25.13under this section; and
25.14    (2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes
25.15identifying and resolving vertebral subluxation complexes, spinal manipulation, and
25.16manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
25.17diagnosis and treatment does not include:
25.18    (i) performing surgery;
25.19    (ii) dispensing or administering of medications; or
25.20    (iii) performing traditional veterinary care and diagnosis.

25.21    Sec. 2. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
25.22    Subd. 2. Exclusions. The practice of chiropractic is not the practice of medicine,
25.23surgery, or osteopathy, or physical therapy.

25.24    Sec. 3. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
25.25to read:
25.26    Subd. 4. Practice of chiropractic. An individual licensed to practice under section
25.27148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services,
25.28and to provide diagnosis and to render opinions pertaining to those services for the
25.29purpose of determining a course of action in the best interests of the patient, such as a
25.30treatment plan, appropriate referral, or both.

25.31    Sec. 4. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
25.32    Subdivision 1. Generally. Any person who practices, or attempts to practice,
25.33chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
26.1"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
26.2the public to believe that the person who so uses the terms is engaged in the practice of
26.3chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
26.4guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
26.5than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
26.6six months or punished by both fine and imprisonment, in the discretion of the court. It is
26.7the duty of the county attorney of the county in which the person practices to prosecute.
26.8Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
26.9(1) licensed by a health-related licensing board, as defined in section 214.01,
26.10subdivision 2
, including psychological practitioners with respect to the use of hypnosis;
26.11(2) registered or licensed by the commissioner of health under section 214.13; or
26.12(3) engaged in other methods of healing regulated by law in the state of Minnesota;
26.13provided that the person confines activities within the scope of the license or other
26.14regulation and does not practice or attempt to practice chiropractic.

26.15    Sec. 5. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
26.16    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities
26.17that use the properties of light, water, temperature, sound, or electricity to produce a
26.18response in soft tissue. The physical agent modalities referred to in sections 148.6404
26.19 and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
26.20and ultrasound.
26.21EFFECTIVE DATE.This section is effective the day following final enactment.

26.22    Sec. 6. Minnesota Statutes 2012, section 148.6404, is amended to read:
26.23148.6404 SCOPE OF PRACTICE.
26.24The practice of occupational therapy by an occupational therapist or occupational
26.25therapy assistant includes, but is not limited to, intervention directed toward:
26.26(1) assessment and evaluation, including the use of skilled observation or
26.27the administration and interpretation of standardized or nonstandardized tests and
26.28measurements, to identify areas for occupational therapy services;
26.29(2) providing for the development of sensory integrative, neuromuscular, or motor
26.30components of performance;
26.31(3) providing for the development of emotional, motivational, cognitive, or
26.32psychosocial components of performance;
26.33(4) developing daily living skills;
27.1(5) developing feeding and swallowing skills;
27.2(6) developing play skills and leisure capacities;
27.3(7) enhancing educational performance skills;
27.4(8) enhancing functional performance and work readiness through exercise, range of
27.5motion, and use of ergonomic principles;
27.6(9) designing, fabricating, or applying rehabilitative technology, such as selected
27.7orthotic and prosthetic devices, and providing training in the functional use of these devices;
27.8(10) designing, fabricating, or adapting assistive technology and providing training
27.9in the functional use of assistive devices;
27.10(11) adapting environments using assistive technology such as environmental
27.11controls, wheelchair modifications, and positioning;
27.12(12) employing physical agent modalities, in preparation for or as an adjunct to
27.13purposeful activity, within the same treatment session or to meet established functional
27.14occupational therapy goals, consistent with the requirements of section 148.6440; and
27.15(13) promoting health and wellness.
27.16EFFECTIVE DATE.This section is effective the day following final enactment.

27.17    Sec. 7. Minnesota Statutes 2012, section 148.6430, is amended to read:
27.18148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
27.19The occupational therapist is responsible for all duties delegated to the occupational
27.20therapy assistant or tasks assigned to direct service personnel. The occupational therapist
27.21may delegate to an occupational therapy assistant those portions of a client's evaluation,
27.22reevaluation, and treatment that, according to prevailing practice standards of the
27.23American Occupational Therapy Association, can be performed by an occupational
27.24therapy assistant. The occupational therapist may not delegate portions of an evaluation or
27.25reevaluation of a person whose condition is changing rapidly. Delegation of duties related
27.26to use of physical agent modalities to occupational therapy assistants is governed by
27.27section 148.6440, subdivision 6.
27.28EFFECTIVE DATE.This section is effective the day following final enactment.

27.29    Sec. 8. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
27.30    Subdivision 1. Applicability. If the professional standards identified in section
27.31148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
27.32treatment procedure, the occupational therapist must provide supervision consistent
28.1with this section. Supervision of occupational therapy assistants using physical agent
28.2modalities is governed by section 148.6440, subdivision 6.
28.3EFFECTIVE DATE.This section is effective the day following final enactment.

28.4    Sec. 9. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
28.5    Subd. 3. Approved education program. "Approved education program" means
28.6a university, college, or other postsecondary education program of athletic training
28.7that, at the time the student completes the program, is approved or accredited by the
28.8National Athletic Trainers Association Professional Education Committee, the National
28.9Athletic Trainers Association Board of Certification, or the Joint Review Committee on
28.10Educational Programs in Athletic Training in collaboration with the American Academy
28.11of Family Physicians, the American Academy of Pediatrics, the American Medical
28.12Association, and the National Athletic Trainers Association a nationally recognized
28.13accreditation agency for athletic training education programs approved by the board.

28.14    Sec. 10. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
28.15    Subd. 9. Credentialing examination. "Credentialing examination" means an
28.16examination administered by the National Athletic Trainers Association Board of
28.17Certification, or the board's recognized successor, for credentialing as an athletic trainer,
28.18or an examination for credentialing offered by a national testing service that is approved
28.19by the board.

28.20    Sec. 11. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
28.21    Subdivision 1. Designation. A person shall not use in connection with the person's
28.22name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
28.23registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations,
28.24or insignia indicating or implying that the person is an athletic trainer, without a certificate
28.25of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
28.26attending a college or university athletic training program must be identified as a "student
28.27athletic trainer." an "athletic training student."

28.28    Sec. 12. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
28.29    Subdivision 1. Creation; Membership. The Athletic Trainers Advisory Council
28.30is created and is composed of eight members appointed by the board. The advisory
28.31council consists of:
28.32(1) two public members as defined in section 214.02;
29.1(2) three members who, except for initial appointees, are registered athletic trainers,
29.2one being both a licensed physical therapist and registered athletic trainer as submitted by
29.3the Minnesota American Physical Therapy Association;
29.4(3) two members who are medical physicians licensed by the state and have
29.5experience with athletic training and sports medicine; and
29.6(4) one member who is a doctor of chiropractic licensed by the state and has
29.7experience with athletic training and sports injuries.

29.8    Sec. 13. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
29.9    Subdivision 1. Registration. The board may issue a certificate of registration as an
29.10athletic trainer to applicants who meet the requirements under this section. An applicant
29.11for registration as an athletic trainer shall pay a fee under section 148.7815 and file a
29.12written application on a form, provided by the board, that includes:
29.13(1) the applicant's name, Social Security number, home address and telephone
29.14number, business address and telephone number, and business setting;
29.15(2) evidence satisfactory to the board of the successful completion of an education
29.16program approved by the board;
29.17(3) educational background;
29.18(4) proof of a baccalaureate or master's degree from an accredited college or
29.19university;
29.20(5) credentials held in other jurisdictions;
29.21(6) a description of any other jurisdiction's refusal to credential the applicant;
29.22(7) a description of all professional disciplinary actions initiated against the applicant
29.23in any other jurisdiction;
29.24(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
29.25(9) evidence satisfactory to the board of a qualifying score on a credentialing
29.26examination within one year of the application for registration;
29.27(10) additional information as requested by the board;
29.28(11) the applicant's signature on a statement that the information in the application is
29.29true and correct to the best of the applicant's knowledge and belief; and
29.30(12) the applicant's signature on a waiver authorizing the board to obtain access to
29.31the applicant's records in this state or any other state in which the applicant has completed
29.32an education program approved by the board or engaged in the practice of athletic training.

29.33    Sec. 14. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
30.1    Subd. 4. Temporary registration. (a) The board may issue a temporary registration
30.2as an athletic trainer to qualified applicants. A temporary registration is issued for
30.3one year 120 days. An athletic trainer with a temporary registration may qualify for
30.4full registration after submission of verified documentation that the athletic trainer has
30.5achieved a qualifying score on a credentialing examination within one year 120 days after
30.6the date of the temporary registration. A temporary registration may not be renewed.
30.7(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
30.8a temporary registration must submit the application materials and fees for registration
30.9required under subdivision 1, clauses (1) to (8) and (10) to (12).
30.10(c) An athletic trainer with a temporary registration shall work only under the
30.11direct supervision of an athletic trainer registered under this section. No more than four
30.12 two athletic trainers with temporary registrations shall work under the direction of a
30.13registered athletic trainer.

30.14    Sec. 15. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
30.15    Subd. 2. Approved programs. The board shall approve a continuing education
30.16program that has been approved for continuing education credit by the National Athletic
30.17Trainers Association Board of Certification, or the board's recognized successor.

30.18    Sec. 16. Minnesota Statutes 2012, section 148.7813, is amended by adding a
30.19subdivision to read:
30.20    Subd. 5. Discipline; reporting. For the purposes of this chapter, registered athletic
30.21trainers and applicants are subject to sections 147.091 to 147.162.

30.22    Sec. 17. Minnesota Statutes 2012, section 148.7814, is amended to read:
30.23148.7814 APPLICABILITY.
30.24Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
30.25trainers by the National Athletic Trainers Association Board of Certification or the board's
30.26recognized successor and come into Minnesota for a specific athletic event or series of
30.27athletic events with an individual or group.

30.28    Sec. 18. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
30.29    Subd. 2. Certified doula. "Certified doula" means an individual who has received
30.30a certification to perform doula services from the International Childbirth Education
30.31Association, the Doulas of North America (DONA), the Association of Labor Assistants
30.32and Childbirth Educators (ALACE), the Birthworks, the Childbirth and Postpartum
31.1Professional Association (CAPPA), the Childbirth International, or the International
31.2Center for Traditional Childbearing, or the Birth Place/Common Childbirth, Inc.

31.3    Sec. 19. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
31.4    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
31.54,000 hours of post-master's degree supervised professional practice in the delivery
31.6of clinical services in the diagnosis and treatment of mental illnesses and disorders in
31.7both children and adults. The supervised practice shall be conducted according to the
31.8requirements in paragraphs (b) to (e).
31.9    (b) The supervision must have been received under a contract that defines clinical
31.10practice and supervision from a mental health professional as defined in section 245.462,
31.11subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a
31.12board-approved supervisor, who has at least two years of postlicensure experience in the
31.13delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
31.14 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
31.15    (c) The supervision must be obtained at the rate of two hours of supervision per 40
31.16hours of professional practice. The supervision must be evenly distributed over the course
31.17of the supervised professional practice. At least 75 percent of the required supervision
31.18hours must be received in person. The remaining 25 percent of the required hours may be
31.19received by telephone or by audio or audiovisual electronic device. At least 50 percent of
31.20the required hours of supervision must be received on an individual basis. The remaining
31.2150 percent may be received in a group setting.
31.22    (d) The supervised practice must include at least 1,800 hours of clinical client contact.
31.23    (e) The supervised practice must be clinical practice. Supervision includes the
31.24observation by the supervisor of the successful application of professional counseling
31.25knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
31.26function, disability, or impairment, including addictions and emotional, mental, and
31.27behavioral disorders.

31.28    Sec. 20. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
31.29    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
31.302014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed
31.31professional counselor may convert to a LPCC by providing evidence satisfactory to the
31.32board that the applicant has met the requirements of subdivisions 1 and 2, subject to
31.33the following:
31.34    (1) the individual's license must be active and in good standing;
32.1    (2) the individual must not have any complaints pending, uncompleted disciplinary
32.2orders, or corrective action agreements; and
32.3    (3) the individual has paid the LPCC application and licensure fees required in
32.4section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed
32.5in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
32.6providing evidence satisfactory to the board that the applicant has met the following
32.7requirements:
32.8    (1) is at least 18 years of age;
32.9    (2) is of good moral character;
32.10    (3) has a license that is active and in good standing;
32.11    (4) has no complaints pending, uncompleted disciplinary order, or corrective action
32.12agreements;
32.13    (5) has completed a master's or doctoral degree program in counseling or a related
32.14field, as determined by the board, and whose degree was from a counseling program
32.15recognized by CACREP or from an institution of higher education that is accredited by a
32.16regional accrediting organization recognized by CHEA;
32.17    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
32.18clinical coursework which includes content in the following clinical areas:
32.19    (i) diagnostic assessment for child or adult mental disorders; normative development;
32.20and psychopathology, including developmental psychopathology;
32.21    (ii) clinical treatment planning with measurable goals;
32.22    (iii) clinical intervention methods informed by research evidence and community
32.23standards of practice;
32.24    (iv) evaluation methodologies regarding the effectiveness of interventions;
32.25    (v) professional ethics applied to clinical practice; and
32.26    (vi) cultural diversity;
32.27    (7) has demonstrated competence in professional counseling by passing the National
32.28Clinical Mental Health Counseling Examination (NCMHCE), administered by the
32.29National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational
32.30examinations as prescribed by the board;
32.31    (8) has demonstrated, to the satisfaction of the board, successful completion of 4,000
32.32hours of supervised, post-master's degree professional practice in the delivery of clinical
32.33services in the diagnosis and treatment of child and adult mental illnesses and disorders,
32.34which includes 1,800 direct client contact hours. A licensed professional counselor
32.35who has completed 2,000 hours of supervised post-master's degree clinical professional
32.36practice and who has independent practice status need only document 2,000 additional
33.1hours of supervised post-master's degree clinical professional practice, which includes 900
33.2direct client contact hours; and
33.3    (9) has paid the LPCC application and licensure fees required in section 148B.53,
33.4subdivision 3.
33.5    (b) If the coursework in paragraph (a) was not completed as part of the degree
33.6program required by paragraph (a), clause (5), the coursework must be taken and passed
33.7for credit, and must be earned from a counseling program or institution that meets the
33.8requirements in paragraph (a), clause (5).

33.9    Sec. 21. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
33.10    Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to
33.11practice dentistry as an enrolled graduate student or student of an advanced education
33.12program accredited by the American Dental Association Commission on Dental
33.13Accreditation.

33.14    Sec. 22. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
33.15    Subdivision 1. Dentists. A person of good moral character who has graduated from
33.16a dental program accredited by the Commission on Dental Accreditation of the American
33.17Dental Association, having submitted an application and fee as prescribed by the board,
33.18may be examined by the board or by an agency pursuant to section 150A.03, subdivision
33.191
, in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
33.20college in another country must not be disqualified from examination solely because of
33.21the applicant's foreign training if the board determines that the training is equivalent to or
33.22higher than that provided by a dental college accredited by the Commission on Dental
33.23Accreditation of the American Dental Association. In the case of examinations conducted
33.24pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to
33.25applying to the board for licensure. The examination shall include an examination of the
33.26applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
33.27board. An applicant is ineligible to retake the clinical examination required by the board
33.28after failing it twice until further education and training are obtained as specified by the
33.29board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
33.30An applicant who passes the examination in compliance with subdivision 2b, abides by
33.31professional ethical conduct requirements, and meets all other requirements of the board
33.32shall be licensed to practice dentistry and granted a general dentist license by the board.

33.33    Sec. 23. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
34.1    Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be
34.2licensed in order to practice dentistry as defined in section 150A.05. The board may
34.3issue to members of the faculty of a school of dentistry a license designated as either a
34.4"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
34.5within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
34.6program directors of a Minnesota dental hygiene or dental assisting school accredited by
34.7the Commission on Dental Accreditation of the American Dental Association shall certify
34.8to the board those members of the school's faculty who practice dentistry but are not
34.9licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
34.10defined in section 150A.05, before beginning duties in a school of dentistry or a dental
34.11hygiene or dental assisting school, shall apply to the board for a limited or full faculty
34.12license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
34.13a limited faculty license must be renewed annually and a full faculty license must be
34.14renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
34.15for issuing and renewing the faculty license. The faculty license is valid during the time
34.16the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
34.17dental assisting school and subjects the holder to this chapter.
34.18(b) The board may issue to dentist members of the faculty of a Minnesota school
34.19of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
34.20Accreditation of the American Dental Association, a license designated as a limited
34.21faculty license entitling the holder to practice dentistry within the school and its affiliated
34.22teaching facilities, but only for the purposes of teaching or conducting research. The
34.23practice of dentistry at a school facility for purposes other than teaching or research is not
34.24allowed unless the dentist was a faculty member on August 1, 1993.
34.25(c) The board may issue to dentist members of the faculty of a Minnesota school
34.26of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
34.27Accreditation of the American Dental Association a license designated as a full faculty
34.28license entitling the holder to practice dentistry within the school and its affiliated teaching
34.29facilities and elsewhere if the holder of the license is employed 50 percent time or more by
34.30the school in the practice of teaching or research, and upon successful review by the board
34.31of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
34.32The board, at its discretion, may waive specific licensing prerequisites.

34.33    Sec. 24. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
35.1    Subd. 1c. Specialty dentists. (a) The board may grant a one or more specialty
35.2license licenses in the specialty areas of dentistry that are recognized by the American
35.3Dental Association Commission on Dental Accreditation.
35.4(b) An applicant for a specialty license shall:
35.5(1) have successfully completed a postdoctoral specialty education program
35.6accredited by the Commission on Dental Accreditation of the American Dental
35.7Association, or have announced a limitation of practice before 1967;
35.8(2) have been certified by a specialty examining board approved by the Minnesota
35.9Board of Dentistry, or provide evidence of having passed a clinical examination for
35.10licensure required for practice in any state or Canadian province, or in the case of oral and
35.11maxillofacial surgeons only, have a Minnesota medical license in good standing;
35.12(3) have been in active practice or a postdoctoral specialty education program or
35.13United States government service at least 2,000 hours in the 36 months prior to applying
35.14for a specialty license;
35.15(4) if requested by the board, be interviewed by a committee of the board, which
35.16may include the assistance of specialists in the evaluation process, and satisfactorily
35.17respond to questions designed to determine the applicant's knowledge of dental subjects
35.18and ability to practice;
35.19(5) if requested by the board, present complete records on a sample of patients
35.20treated by the applicant. The sample must be drawn from patients treated by the applicant
35.21during the 36 months preceding the date of application. The number of records shall be
35.22established by the board. The records shall be reasonably representative of the treatment
35.23typically provided by the applicant for each specialty area;
35.24(6) at board discretion, pass a board-approved English proficiency test if English is
35.25not the applicant's primary language;
35.26(7) pass all components of the National Board Dental Examinations;
35.27(8) pass the Minnesota Board of Dentistry jurisprudence examination;
35.28(9) abide by professional ethical conduct requirements; and
35.29(10) meet all other requirements prescribed by the Board of Dentistry.
35.30(c) The application must include:
35.31(1) a completed application furnished by the board;
35.32(2) at least two character references from two different dentists for each specialty
35.33area, one of whom must be a dentist practicing in the same specialty area, and the other
35.34 from the director of the each specialty program attended;
35.35(3) a licensed physician's statement attesting to the applicant's physical and mental
35.36condition;
36.1(4) a statement from a licensed ophthalmologist or optometrist attesting to the
36.2applicant's visual acuity;
36.3(5) a nonrefundable fee; and
36.4(6) a notarized, unmounted passport-type photograph, three inches by three inches,
36.5taken not more than six months before the date of application.
36.6(d) A specialty dentist holding a one or more specialty license licenses is limited to
36.7practicing in the dentist's designated specialty area or areas. The scope of practice must be
36.8defined by each national specialty board recognized by the American Dental Association
36.9 Commission on Dental Accreditation.
36.10(e) A specialty dentist holding a general dentist dental license is limited to practicing
36.11in the dentist's designated specialty area or areas if the dentist has announced a limitation
36.12of practice. The scope of practice must be defined by each national specialty board
36.13recognized by the American Dental Association Commission on Dental Accreditation.
36.14(f) All specialty dentists who have fulfilled the specialty dentist requirements and
36.15who intend to limit their practice to a particular specialty area or areas may apply for
36.16a one or more specialty license licenses.

36.17    Sec. 25. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
36.18    Subd. 1d. Dental therapists. A person of good moral character who has graduated
36.19with a baccalaureate degree or a master's degree from a dental therapy education program
36.20that has been approved by the board or accredited by the American Dental Association
36.21 Commission on Dental Accreditation or another board-approved national accreditation
36.22organization may apply for licensure.
36.23The applicant must submit an application and fee as prescribed by the board and a
36.24diploma or certificate from a dental therapy education program. Prior to being licensed,
36.25the applicant must pass a comprehensive, competency-based clinical examination that is
36.26approved by the board and administered independently of an institution providing dental
36.27therapy education. The applicant must also pass an examination testing the applicant's
36.28knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
36.29applicant who has failed the clinical examination twice is ineligible to retake the clinical
36.30examination until further education and training are obtained as specified by the board. A
36.31separate, nonrefundable fee may be charged for each time a person applies. An applicant
36.32who passes the examination in compliance with subdivision 2b, abides by professional
36.33ethical conduct requirements, and meets all the other requirements of the board shall
36.34be licensed as a dental therapist.

37.1    Sec. 26. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
37.2    Subd. 2. Dental hygienists. A person of good moral character, who has graduated
37.3from a dental hygiene program accredited by the Commission on Dental Accreditation of
37.4the American Dental Association and established in an institution accredited by an agency
37.5recognized by the United States Department of Education to offer college-level programs,
37.6may apply for licensure. The dental hygiene program must provide a minimum of two
37.7academic years of dental hygiene education. The applicant must submit an application and
37.8fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
37.9licensed, the applicant must pass the National Board of Dental Hygiene examination and a
37.10board approved examination designed to determine the applicant's clinical competency. In
37.11the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants
37.12shall take the examination before applying to the board for licensure. The applicant must
37.13also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
37.14to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
37.15the clinical examination required by the board after failing it twice until further education
37.16and training are obtained as specified by board rule. A separate, nonrefundable fee may
37.17be charged for each time a person applies. An applicant who passes the examination in
37.18compliance with subdivision 2b, abides by professional ethical conduct requirements, and
37.19meets all the other requirements of the board shall be licensed as a dental hygienist.

37.20    Sec. 27. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
37.21    Subd. 2a. Licensed dental assistant. A person of good moral character, who has
37.22graduated from a dental assisting program accredited by the Commission on Dental
37.23Accreditation of the American Dental Association, may apply for licensure. The applicant
37.24must submit an application and fee as prescribed by the board and the diploma or
37.25certificate of dental assisting. In the case of examinations conducted pursuant to section
37.26150A.03, subdivision 1 , applicants shall take the examination before applying to the board
37.27for licensure. The examination shall include an examination of the applicant's knowledge
37.28of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
37.29ineligible to retake the licensure examination required by the board after failing it twice
37.30until further education and training are obtained as specified by board rule. A separate,
37.31nonrefundable fee may be charged for each time a person applies. An applicant who
37.32passes the examination in compliance with subdivision 2b, abides by professional ethical
37.33conduct requirements, and meets all the other requirements of the board shall be licensed
37.34as a dental assistant.

38.1    Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
38.2    Subd. 2d. Continuing education and professional development waiver. (a) The
38.3board shall grant a waiver to the continuing education requirements under this chapter for
38.4a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
38.5assistant who documents to the satisfaction of the board that the dentist, dental therapist,
38.6dental hygienist, or licensed dental assistant has retired from active practice in the state
38.7and limits the provision of dental care services to those offered without compensation
38.8in a public health, community, or tribal clinic or a nonprofit organization that provides
38.9services to the indigent or to recipients of medical assistance, general assistance medical
38.10care, or MinnesotaCare programs.
38.11(b) The board may require written documentation from the volunteer and retired
38.12dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
38.13this waiver.
38.14(c) The board shall require the volunteer and retired dentist, dental therapist, dental
38.15hygienist, or licensed dental assistant to meet the following requirements:
38.16(1) a licensee seeking a waiver under this subdivision must complete and document
38.17at least five hours of approved courses in infection control, medical emergencies, and
38.18medical management for the continuing education cycle; and
38.19(2) provide documentation of current CPR certification from completion of the
38.20American Heart Association healthcare provider course, or the American Red Cross
38.21professional rescuer course, or an equivalent entity.

38.22    Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
38.23    Subd. 3. Waiver of examination. (a) All or any part of the examination for
38.24dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
38.25dentistry and the rules of the board, may, at the discretion of the board, be waived for an
38.26applicant who presents a certificate of having passed all components of the National Board
38.27Dental Examinations or evidence of having maintained an adequate scholastic standing
38.28as determined by the board, in dental school as to dentists, or dental hygiene school as
38.29to dental hygienists.
38.30(b) The board shall waive the clinical examination required for licensure for any
38.31dentist applicant who is a graduate of a dental school accredited by the Commission on
38.32Dental Accreditation of the American Dental Association, who has passed all components
38.33of the National Board Dental Examinations, and who has satisfactorily completed a
38.34Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
38.35education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
39.1program must be accredited by the Commission on Dental Accreditation of the American
39.2Dental Association, be of at least one year's duration, and include an outcome assessment
39.3evaluation assessing the resident's competence to practice dentistry. The board may require
39.4the applicant to submit any information deemed necessary by the board to determine
39.5whether the waiver is applicable. The board may waive the clinical examination for an
39.6applicant who meets the requirements of this paragraph and has satisfactorily completed an
39.7accredited postdoctoral general dentistry residency program located outside of Minnesota.

39.8    Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
39.9    Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application
39.10and payment of a fee established by the board, apply for licensure based on an evaluation
39.11of the applicant's education, experience, and performance record in lieu of completing a
39.12board-approved dental assisting program for expanded functions as defined in rule, and
39.13may be interviewed by the board to determine if the applicant:
39.14(1) has graduated from an accredited dental assisting program accredited by the
39.15Commission of on Dental Accreditation of the American Dental Association, or is
39.16currently certified by the Dental Assisting National Board;
39.17(2) is not subject to any pending or final disciplinary action in another state or
39.18Canadian province, or if not currently certified or registered, previously had a certification
39.19or registration in another state or Canadian province in good standing that was not subject
39.20to any final or pending disciplinary action at the time of surrender;
39.21(3) is of good moral character and abides by professional ethical conduct
39.22requirements;
39.23(4) at board discretion, has passed a board-approved English proficiency test if
39.24English is not the applicant's primary language; and
39.25(5) has met all expanded functions curriculum equivalency requirements of a
39.26Minnesota board-approved dental assisting program.
39.27(b) The board, at its discretion, may waive specific licensure requirements in
39.28paragraph (a).
39.29(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
39.30minimum knowledge in dental subjects required for licensure under subdivision 2a must
39.31be licensed to practice the applicant's profession.
39.32(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
39.33required for licensure under subdivision 2a, the application must be denied. If licensure is
39.34denied, the board may notify the applicant of any specific remedy that the applicant could
40.1take which, when passed, would qualify the applicant for licensure. A denial does not
40.2prohibit the applicant from applying for licensure under subdivision 2a.
40.3(e) A candidate whose application has been denied may appeal the decision to the
40.4board according to subdivision 4a.

40.5    Sec. 31. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
40.6read:
40.7    Subd. 16. Failure of professional development portfolio audit. A licensee shall
40.8submit a fee as established by the board not to exceed the amount of $250 after failing two
40.9consecutive professional development portfolio audits and, thereafter, for each failed (a) If
40.10a licensee fails a professional development portfolio audit under Minnesota Rules, part
40.113100.5300., the board is authorized to take the following actions:
40.12(1) for the first failure, the board may issue a warning to the licensee;
40.13(2) for the second failure within ten years, the board may assess a penalty of not
40.14more than $250; and
40.15(3) for any additional failures within the ten-year period, the board may assess a
40.16penalty of not more than $1,000.
40.17(b) In addition to the penalty fee, the board may initiate the complaint process to
40.18address multiple failed audits.

40.19    Sec. 32. Minnesota Statutes 2012, section 150A.10, is amended to read:
40.20150A.10 ALLIED DENTAL PERSONNEL.
40.21    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
40.22public institution, or school authority may obtain services from a licensed dental hygienist.
40.23The licensed dental hygienist may provide those services defined in section 150A.05,
40.24subdivision 1a
. The services provided shall not include the establishment of a final
40.25diagnosis or treatment plan for a dental patient. All services shall be provided under
40.26supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
40.27by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
40.28to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
40.29service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
40.30    Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding
40.31subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
40.32by a health care facility, program, or nonprofit organization to perform dental hygiene
40.33services described under paragraph (b) without the patient first being examined by a
40.34licensed dentist if the dental hygienist:
41.1(1) has been engaged in the active practice of clinical dental hygiene for not less than
41.22,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
41.3200 hours of clinical practice in two of the past three years;
41.4(2) has entered into a collaborative agreement with a licensed dentist that designates
41.5authorization for the services provided by the dental hygienist;
41.6(3) has documented participation in courses in infection control and medical
41.7emergencies within each continuing education cycle; and
41.8(4) maintains current CPR certification from completion of the American Heart
41.9Association healthcare provider course, or the American Red Cross professional rescuer
41.10course, or an equivalent entity.
41.11(b) The dental hygiene services authorized to be performed by a dental hygienist
41.12under this subdivision are limited to:
41.13(1) oral health promotion and disease prevention education;
41.14(2) removal of deposits and stains from the surfaces of the teeth;
41.15(3) application of topical preventive or prophylactic agents, including fluoride
41.16varnishes and pit and fissure sealants;
41.17(4) polishing and smoothing restorations;
41.18(5) removal of marginal overhangs;
41.19(6) performance of preliminary charting;
41.20(7) taking of radiographs; and
41.21(8) performance of scaling and root planing.
41.22The dental hygienist may administer injections of local anesthetic agents or nitrous
41.23oxide inhalation analgesia as specifically delegated in the collaborative agreement with
41.24a licensed dentist. The dentist need not first examine the patient or be present. If the
41.25patient is considered medically compromised, the collaborative dentist shall review the
41.26patient record, including the medical history, prior to the provision of these services.
41.27Collaborating dental hygienists may work with unlicensed and licensed dental assistants
41.28who may only perform duties for which licensure is not required. The performance of
41.29dental hygiene services in a health care facility, program, or nonprofit organization as
41.30authorized under this subdivision is limited to patients, students, and residents of the
41.31facility, program, or organization.
41.32(c) A collaborating dentist must be licensed under this chapter and may enter into
41.33a collaborative agreement with no more than four dental hygienists unless otherwise
41.34authorized by the board. The board shall develop parameters and a process for obtaining
41.35authorization to collaborate with more than four dental hygienists. The collaborative
41.36agreement must include:
42.1(1) consideration for medically compromised patients and medical conditions for
42.2which a dental evaluation and treatment plan must occur prior to the provision of dental
42.3hygiene services;
42.4(2) age- and procedure-specific standard collaborative practice protocols, including
42.5recommended intervals for the performance of dental hygiene services and a period of
42.6time in which an examination by a dentist should occur;
42.7(3) copies of consent to treatment form provided to the patient by the dental hygienist;
42.8(4) specific protocols for the placement of pit and fissure sealants and requirements
42.9for follow-up care to assure the efficacy of the sealants after application; and
42.10(5) a procedure for creating and maintaining dental records for the patients that are
42.11treated by the dental hygienist. This procedure must specify where these records are
42.12to be located.
42.13The collaborative agreement must be signed and maintained by the dentist, the dental
42.14hygienist, and the facility, program, or organization; must be reviewed annually by the
42.15collaborating dentist and dental hygienist; and must be made available to the board
42.16upon request.
42.17(d) Before performing any services authorized under this subdivision, a dental
42.18hygienist must provide the patient with a consent to treatment form which must include a
42.19statement advising the patient that the dental hygiene services provided are not a substitute
42.20for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
42.21to the patient for further dental procedures, the dental hygienist must fill out a referral form
42.22and provide a copy of the form to the collaborating dentist.
42.23(e) For the purposes of this subdivision, a "health care facility, program, or
42.24nonprofit organization" is limited to a hospital; nursing home; home health agency; group
42.25home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
42.26commissioner of human services or the commissioner of corrections; and federal, state, or
42.27local public health facility, community clinic, tribal clinic, school authority, Head Start
42.28program, or nonprofit organization that serves individuals who are uninsured or who are
42.29Minnesota health care public program recipients.
42.30(f) For purposes of this subdivision, a "collaborative agreement" means a written
42.31agreement with a licensed dentist who authorizes and accepts responsibility for the
42.32services performed by the dental hygienist. The services authorized under this subdivision
42.33and the collaborative agreement may be performed without the presence of a licensed
42.34dentist and may be performed at a location other than the usual place of practice of the
42.35dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
42.36specified in the collaborative agreement.
43.1    Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the
43.2services of any unlicensed person for the purpose of assistance in the practice of dentistry
43.3or dental therapy shall be responsible for the acts of such unlicensed person while engaged
43.4in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
43.5perform only those acts which are authorized to be delegated to unlicensed assistants
43.6by the Board of Dentistry. The acts shall be performed under supervision of a licensed
43.7dentist or dental therapist. A licensed dental therapist shall not supervise more than four
43.8registered licensed or unlicensed dental assistants at any one practice setting. The board
43.9may permit differing levels of dental assistance based upon recognized educational
43.10standards, approved by the board, for the training of dental assistants. The board may also
43.11define by rule the scope of practice of licensed and unlicensed dental assistants. The
43.12board by rule may require continuing education for differing levels of dental assistants,
43.13as a condition to their license or authority to perform their authorized duties. Any
43.14licensed dentist or dental therapist who permits an unlicensed assistant to perform any
43.15dental service other than that authorized by the board shall be deemed to be enabling an
43.16unlicensed person to practice dentistry, and commission of such an act by an unlicensed
43.17assistant shall constitute a violation of sections 150A.01 to 150A.12.
43.18    Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses
43.19the services of any unlicensed person, other than under the dentist's or dental therapist's
43.20supervision and within the same practice setting, for the purpose of constructing, altering,
43.21repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
43.22prosthetic or other dental appliance, shall be required to furnish such unlicensed person
43.23with a written work order in such form as shall be prescribed by the rules of the board. The
43.24work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
43.25file of the dentist or dental therapist at the practice setting for a period of two years, and
43.26the original to be retained in a permanent file for a period of two years by the unlicensed
43.27person in that person's place of business. The permanent file of work orders to be kept
43.28by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
43.29reasonable time by the board or its duly constituted agent.
43.30    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and
43.312, a licensed dental hygienist or licensed dental assistant may perform the following
43.32restorative procedures:
43.33(1) place, contour, and adjust amalgam restorations;
43.34(2) place, contour, and adjust glass ionomer;
43.35(3) adapt and cement stainless steel crowns; and
44.1(4) place, contour, and adjust class I and class V supragingival composite restorations
44.2where the margins are entirely within the enamel.; and
44.3(5) place, contour, and adjust class II and class V supragingival composite
44.4restorations on primary teeth.
44.5(b) The restorative procedures described in paragraph (a) may be performed only if:
44.6(1) the licensed dental hygienist or licensed dental assistant has completed a
44.7board-approved course on the specific procedures;
44.8(2) the board-approved course includes a component that sufficiently prepares the
44.9licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
44.10placed restoration;
44.11(3) a licensed dentist or licensed advanced dental therapist has authorized the
44.12procedure to be performed; and
44.13(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
44.14while the procedure is being performed.
44.15(c) The dental faculty who teaches the educators of the board-approved courses
44.16specified in paragraph (b) must have prior experience teaching these procedures in an
44.17accredited dental education program.

44.18    Sec. 33. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
44.19    Subdivision 1. License requirements. The board shall issue a license to practice
44.20podiatric medicine to a person who meets the following requirements:
44.21(a) The applicant for a license shall file a written notarized application on forms
44.22provided by the board, showing to the board's satisfaction that the applicant is of good
44.23moral character and satisfies the requirements of this section.
44.24(b) The applicant shall present evidence satisfactory to the board of being a graduate
44.25of a podiatric medical school approved by the board based upon its faculty, curriculum,
44.26facilities, accreditation by a recognized national accrediting organization approved by the
44.27board, and other relevant factors.
44.28(c) The applicant must have received a passing score on each part of the national board
44.29examinations, parts one and two, prepared and graded by the National Board of Podiatric
44.30Medical Examiners. The passing score for each part of the national board examinations,
44.31parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
44.32(d) Applicants graduating after 1986 from a podiatric medical school shall present
44.33evidence satisfactory to the board of the completion of (1) one year of graduate, clinical
44.34residency or preceptorship in a program accredited by a national accrediting organization
44.35approved by the board or (2) other graduate training that meets standards equivalent to
45.1those of an approved national accrediting organization or school of podiatric medicine
45.2 of successful completion of a residency program approved by a national accrediting
45.3podiatric medicine organization.
45.4(e) The applicant shall appear in person before the board or its designated
45.5representative to show that the applicant satisfies the requirements of this section,
45.6including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
45.7medicine. The board may establish as internal operating procedures the procedures or
45.8requirements for the applicant's personal presentation.
45.9(f) The applicant shall pay a fee established by the board by rule. The fee shall
45.10not be refunded.
45.11(g) The applicant must not have engaged in conduct warranting disciplinary action
45.12against a licensee. If the applicant does not satisfy the requirements of this paragraph,
45.13the board may refuse to issue a license unless it determines that the public will be
45.14protected through issuance of a license with conditions and limitations the board considers
45.15appropriate.
45.16(h) Upon payment of a fee as the board may require, an applicant who fails to pass
45.17an examination and is refused a license is entitled to reexamination within one year of
45.18the board's refusal to issue the license. No more than two reexaminations are allowed
45.19without a new application for a license.

45.20    Sec. 34. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
45.21to read:
45.22    Subd. 1a. Relicensure after two-year lapse of practice; reentry program. A
45.23podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
45.24practice of podiatric medicine of greater than two years must reestablish competency by
45.25completing a reentry program approved by the board.

45.26    Sec. 35. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
45.27    Subd. 2. Applicants licensed in another state. The board shall issue a license
45.28to practice podiatric medicine to any person currently or formerly licensed to practice
45.29podiatric medicine in another state who satisfies the requirements of this section:
45.30(a) The applicant shall satisfy the requirements established in subdivision 1.
45.31(b) The applicant shall present evidence satisfactory to the board indicating the
45.32current status of a license to practice podiatric medicine issued by the first state of
45.33licensure and all other states and countries in which the individual has held a license.
46.1(c) If the applicant has had a license revoked, engaged in conduct warranting
46.2disciplinary action against the applicant's license, or been subjected to disciplinary action,
46.3in another state, the board may refuse to issue a license unless it determines that the
46.4public will be protected through issuance of a license with conditions or limitations the
46.5board considers appropriate.
46.6(d) The applicant shall submit with the license application the following additional
46.7information for the five-year period preceding the date of filing of the application: (1) the
46.8name and address of the applicant's professional liability insurer in the other state; and (2)
46.9the number, date, and disposition of any podiatric medical malpractice settlement or award
46.10made to the plaintiff relating to the quality of podiatric medical treatment.
46.11(e) If the license is active, the applicant shall submit with the license application
46.12evidence of compliance with the continuing education requirements in the current state of
46.13licensure.
46.14(f) If the license is inactive, the applicant shall submit with the license application
46.15evidence of participation in one-half the same number of hours of acceptable continuing
46.16education required for biennial renewal, as specified under Minnesota Rules, up to five
46.17years. If the license has been inactive for more than two years, the amount of acceptable
46.18continuing education required must be obtained during the two years immediately before
46.19application or the applicant must provide other evidence as the board may reasonably
46.20require.

46.21    Sec. 36. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
46.22    Subd. 3. Temporary permit. Upon payment of a fee and in accordance with the
46.23rules of the board, the board may issue a temporary permit to practice podiatric medicine
46.24to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed
46.2512 months. A temporary permit may be extended under the following conditions:
46.26(1) the applicant submits acceptable evidence that the training was interrupted by
46.27circumstances beyond the control of the applicant and that the sponsor of the program
46.28agrees to the extension;
46.29(2) the applicant is continuing in a residency that extends for more than one year; or
46.30(3) the applicant is continuing in a residency that extends for more than two years.
46.31 approved by a national accrediting organization. The temporary permit is renewed
46.32annually until the residency training requirements are completed or until the residency
46.33program is terminated or discontinued.

47.1    Sec. 37. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
47.2to read:
47.3    Subd. 4. Continuing education. (a) Every podiatrist licensed to practice in this
47.4state shall obtain 40 clock hours of continuing education in each two-year cycle of license
47.5renewal. All continuing education hours must be earned by verified attendance at or
47.6participation in a program or course sponsored by the Council on Podiatric Medical
47.7Education or approved by the board. In each two-year cycle, a maximum of eight hours of
47.8continuing education credits may be obtained through participation in online courses.
47.9(b) The number of continuing education hours required during the initial licensure
47.10period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
47.11ratio of the number of days the license is held in the initial licensure period to 730 days.

47.12    Sec. 38. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
47.13CONDUCT OFFENSE.
47.14    Subdivision 1. Applicability. This section applies to the health-related licensing
47.15boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
47.16and the Board of Chiropractic Examiners, and also applies toprofessions credentialed by
47.17the Minnesota Department of Health, including:
47.18(1) speech-language pathologists and audiologists;
47.19(2) hearing instrument dispensers; and
47.20(3) occupational therapists and occupational therapy assistants.
47.21    Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
47.22paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
47.23credential to practice to any person who has been convicted on or after August 1, 2014, of
47.24any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
47.25subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
47.26(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
47.27credential to practice to any person who has been convicted in any other state or country on
47.28or after August 1, 2014, of an offense where the elements of the offense are substantially
47.29similar to any of the offenses listed in paragraph (a).
47.30(c) A credential to practice is automatically revoked if the credentialed person is
47.31convicted of an offense listed in paragraph (a).
47.32(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
47.33by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
47.34of the sentence and final disposition of the case is accomplished at a nonfelony level.
48.1(e) A credentialing authority listed in subdivision 1 may establish criteria whereby
48.2an individual convicted of an offense listed in paragraph (a) may become credentialed
48.3provided that the criteria:
48.4(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
48.5(2) provide a standard for overcoming the presumption; and
48.6(3) require that a minimum of ten years has elapsed since the applicant was released
48.7from any incarceration or supervisory jurisdiction related to the offense.
48.8A credentialing authority listed in subdivision 1 shall not consider an application under
48.9this paragraph if the board determines that the victim involved in the offense was a patient
48.10or a client of the applicant at the time of the offense.
48.11EFFECTIVE DATE.This section is effective for credentials issued or renewed on
48.12or after August 1, 2014.

48.13    Sec. 39. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
48.14OF HARM.
48.15(a) Notwithstanding any provision of a health-related professional practice act,
48.16when a health-related licensing board receives a complaint regarding a regulated person
48.17and has probable cause to believe continued practice by the regulated person presents
48.18an imminent risk of harm, the licensing board shall temporarily suspend the regulated
48.19person's professional license. The suspension shall take effect upon written notice to the
48.20regulated person and shall specify the reason for the suspension.
48.21(b) The suspension shall remain in effect until the appropriate licensing board or
48.22the commissioner completes an investigation and issues a final order in the matter after
48.23a hearing.
48.24(c) At the time it issues the suspension notice, the appropriate licensing board shall
48.25schedule a disciplinary hearing to be held before the licensing board or pursuant to the
48.26Administrative Procedure Act. The regulated person shall be provided with at least
48.27ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
48.28scheduled to begin no later than 30 days after issuance of the suspension order.
48.29EFFECTIVE DATE.This section is effective July 1, 2014.

48.30    Sec. 40. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
48.31    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
48.32or other communications, whether oral or written, against regulated persons. Before
48.33resolving an oral complaint, the executive director or a board member designated by the
49.1board to review complaints shall require the complainant to state the complaint in writing
49.2or authorize transcribing the complaint. The executive director or the designated board
49.3member shall determine whether the complaint alleges or implies a violation of a statute
49.4or rule which the board is empowered to enforce. The executive director or the designated
49.5board member may consult with the designee of the attorney general as to a board's
49.6jurisdiction over a complaint. If the executive director or the designated board member
49.7determines that it is necessary, the executive director may seek additional information to
49.8determine whether the complaint is jurisdictional or to clarify the nature of the allegations
49.9by obtaining records or other written material, obtaining a handwriting sample from the
49.10regulated person, clarifying the alleged facts with the complainant, and requesting a written
49.11response from the subject of the complaint. The executive director may authorize a field
49.12investigation to clarify the nature of the allegations and the facts that led to the complaint.
49.13EFFECTIVE DATE.This section is effective July 1, 2014.

49.14    Sec. 41. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
49.15    Subd. 3. Referral to other agencies. The executive director shall forward to
49.16another governmental agency any complaints received by the board which do not relate
49.17to the board's jurisdiction but which relate to matters within the jurisdiction of another
49.18governmental agency. The agency shall advise the executive director of the disposition
49.19of the complaint. A complaint or other information received by another governmental
49.20agency relating to a statute or rule which a board is empowered to enforce must be
49.21forwarded to the executive director of the board to be processed in accordance with this
49.22section. Governmental agencies may shall coordinate and conduct joint investigations of
49.23complaints that involve more than one governmental agency.
49.24EFFECTIVE DATE.This section is effective July 1, 2014.

49.25    Sec. 42. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
49.26to read:
49.27    Subd. 5. Health professionals services program. The health-related licensing
49.28boards shall include information regarding the health professionals services program
49.29on their Web sites.
49.30EFFECTIVE DATE.This section is effective July 1, 2014.

50.1    Sec. 43. Minnesota Statutes 2012, section 214.29, is amended to read:
50.2214.29 PROGRAM REQUIRED.
50.3Each health-related licensing board, including the Emergency Medical Services
50.4Regulatory Board under chapter 144E, shall either conduct a contract with the health
50.5professionals service program under sections 214.31 to 214.37 or contract for a diversion
50.6program under section 214.28 for a diversion program for regulated professionals who are
50.7unable to practice with reasonable skill and safety by reason of illness, use of alcohol,
50.8drugs, chemicals, or any other materials, or as a result of any mental, physical, or
50.9psychological condition.
50.10EFFECTIVE DATE.This section is effective July 1, 2014.

50.11    Sec. 44. Minnesota Statutes 2012, section 214.31, is amended to read:
50.12214.31 AUTHORITY.
50.13Two or more of the health-related licensing boards listed in section 214.01,
50.14subdivision 2
, may jointly The health professionals services program shall contract with
50.15the health-related licensing boards to conduct a health professionals services program to
50.16protect the public from persons regulated by the boards who are unable to practice with
50.17reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any
50.18other materials, or as a result of any mental, physical, or psychological condition. The
50.19program does not affect a board's authority to discipline violations of a board's practice act.
50.20For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board
50.21shall be included in the definition of a health-related licensing board under chapter 144E.
50.22EFFECTIVE DATE.This section is effective July 1, 2014.

50.23    Sec. 45. Minnesota Statutes 2012, section 214.32, is amended to read:
50.24214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
50.25    Subdivision 1. Management. (a) A Health Professionals Services Program
50.26Committee is established, consisting of one person appointed by each participating board,
50.27with each participating board having one vote. no fewer than three, or more than six,
50.28executive directors of health-related licensing boards or their designees, and two members
50.29of the advisory committee established in paragraph (c). Program committee members
50.30from the health-related licensing boards shall be appointed by a majority of the executive
50.31directors of the health-related licensing boards in July of odd-numbered years. Members
50.32from the advisory committee shall be appointed by a majority of advisory committee
51.1members in July of odd-numbered years. The program committee shall designate one
51.2board to provide administrative management of the program, set the program budget and
51.3the pro rata share of program expenses to be borne by each participating board, provide
51.4guidance on the general operation of the program, including hiring of program personnel,
51.5and ensure that the program's direction is in accord with its authority. The program
51.6committee shall establish uniform criteria and procedures governing termination and
51.7discharge for all health professionals served by the health professionals services program.
51.8If the participating boards change which board is designated to provide administrative
51.9management of the program, any appropriation remaining for the program shall transfer to
51.10the newly designated board on the effective date of the change. The participating boards
51.11must inform the appropriate legislative committees and the commissioner of management
51.12and budget of any change in the administrative management of the program, and the
51.13amount of any appropriation transferred under this provision.
51.14    (b) The designated board, upon recommendation of the Health Professional Services
51.15Program Committee, shall hire the program manager and employees and pay expenses
51.16of the program from funds appropriated for that purpose. The designated board may
51.17apply for grants to pay program expenses and may enter into contracts on behalf of the
51.18program to carry out the purposes of the program. The participating boards shall enter into
51.19written agreements with the designated board.
51.20    (c) An advisory committee is established to advise the program committee consisting
51.21of:
51.22    (1) one member appointed by each of the following: the Minnesota Academy of
51.23Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
51.24Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
51.25Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
51.26Association of the professional associations whose members are eligible for health
51.27professionals services program services; and
51.28    (2) one member appointed by each of the professional associations of the other
51.29professions regulated by a participating board not specified in clause (1); and
51.30    (3) two public members, as defined by section 214.02.
51.31    (d) Members of the advisory committee shall be appointed for two years and
51.32members may be reappointed.
51.33    (e) The advisory committee shall:
51.34    (1) provide advice and consultation to the health professionals services program staff;
51.35    (2) serve as a liaison to all regulated health professionals who are eligible to
51.36participate in the health professionals services program; and
52.1    (3) provide advice and recommendations to the program committee.
52.2    Subd. 2. Services. (a) The program shall provide the following services to program
52.3participants:
52.4    (1) referral of eligible regulated persons to qualified professionals for evaluation,
52.5treatment, and a written plan for continuing care consistent with the regulated person's
52.6illness. The referral shall take into consideration the regulated person's financial resources
52.7as well as specific needs;
52.8    (2) development of individualized program participation agreements between
52.9participants and the program to meet the needs of participants and protect the public. An
52.10agreement may include, but need not be limited to, recommendations from the continuing
52.11care plan, practice monitoring, health monitoring, practice restrictions, random drug
52.12screening, support group participation, filing of reports necessary to document compliance,
52.13and terms for successful completion of the regulated person's program; and
52.14    (3) monitoring of compliance by participants with individualized program
52.15participation agreements or board orders.
52.16    (b) The program may develop services related to sections 214.31 to 214.37 for
52.17employers and colleagues of regulated persons from participating boards.
52.18    Subd. 3. Participant costs. Each program participant shall be responsible for
52.19paying for the costs of physical, psychosocial, or other related evaluation, treatment,
52.20laboratory monitoring, and random drug screens.
52.21    Subd. 4. Eligibility. Admission to the health professional services program is
52.22available to a person regulated by a participating board who is unable to practice with
52.23reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
52.24any other materials, or as a result of any mental, physical, or psychological condition.
52.25Admission in the health professional services program shall be denied to persons:
52.26    (1) who have diverted controlled substances for other than self-administration;
52.27    (2) who have been terminated from this or any other state professional services
52.28program for noncompliance in the program, unless referred by a participating board or the
52.29commissioner of health;
52.30    (3) currently under a board disciplinary order or corrective action agreement, unless
52.31referred by a board;
52.32    (4) regulated under sections 214.17 to 214.25, unless referred by a board or by the
52.33commissioner of health;
52.34    (5) accused of sexual misconduct; or
52.35    (6) (5) whose continued practice would create a serious risk of harm to the public.
53.1    Subd. 5. Completion; voluntary termination; discharge. (a) A regulated person
53.2completes the program when the terms of the program participation agreement are fulfilled.
53.3    (b) A regulated person may voluntarily terminate participation in the health
53.4professionals service program at any time by reporting to the person's board which shall
53.5result in the program manager making a report to the regulated person's board under
53.6section 214.33, subdivision 3.
53.7    (c) The program manager may choose to discharge a regulated person from the
53.8program and make a referral to the person's board at any time for reasons including but not
53.9limited to: the degree of cooperation and compliance by the regulated person, the inability
53.10to secure information or the medical records of the regulated person, or indication of other
53.11possible violations of the regulated person's practice act. The regulated person shall be
53.12notified in writing by the program manager of any change in the person's program status.
53.13A regulated person who has been terminated or discharged from the program may be
53.14referred back to the program for monitoring.
53.15    Subd. 6. Duties of a health related licensing board. (a) Upon receiving notice from
53.16the program manager that a regulated person has been discharged due to noncompliance
53.17or voluntary withdrawal, when the appropriate licensing board has probable cause to
53.18believe continued practice by the regulated person presents an imminent risk of harm, the
53.19licensing board shall temporarily suspend the regulated person's professional license. The
53.20suspension shall take effect upon written notice to the regulated person and shall specify
53.21the reason for the suspension.
53.22    (b) The suspension shall remain in effect until the appropriate licensing board
53.23completes an investigation and issues a final order in the matter after a hearing.
53.24    (c) At the time it issues the suspension notice, the appropriate licensing board shall
53.25schedule a disciplinary hearing to be held before the licensing board or pursuant to the
53.26Administrative Procedure Act. The regulated person shall be provided with at least
53.27ten days' notice of any hearing held pursuant to this subdivision. The hearing shall be
53.28scheduled to be no later than 30 days after issuance of the suspension order.
53.29(d) This subdivision does not apply to the Office of Complementary and Alternative
53.30Health Care Programs.
53.31EFFECTIVE DATE.This section is effective July 1, 2014.

53.32    Sec. 46. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
53.33    Subd. 3. Program manager. (a) The program manager shall report to the
53.34appropriate participating board a regulated person who:
53.35(1) does not meet program admission criteria,;
54.1(2) violates the terms of the program participation agreement, or;
54.2(3) leaves the program except upon fulfilling the terms for successful completion of
54.3the program as set forth in the participation agreement.;
54.4(4) is subject to the provisions of sections 214.17 to 214.25;
54.5(5) caused identifiable patient harm;
54.6(6) substituted or adulterated medications;
54.7(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
54.8name of a person or veterinary patient for personal use; or
54.9The program manager shall report to the appropriate participating board a regulated
54.10person who (8) is alleged to have committed violations of the person's practice act that
54.11are outside the authority of the health professionals services program as described in
54.12sections 214.31 to 214.37.
54.13(b) The program manager shall inform any reporting person of the disposition of the
54.14person's report to the program.
54.15EFFECTIVE DATE.This section is effective July 1, 2014.

54.16    Sec. 47. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision
54.17to read:
54.18    Subd. 5. Employer mandatory reporting. (a) An employer of a person licensed or
54.19regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
54.20health care institutions, and other organizations where the licensed or regulated health
54.21care professional is engaged in providing services, shall report to the appropriate licensing
54.22board that the licensee or regulated person has diverted narcotics or other controlled
54.23substances in violation of state or federal narcotics or controlled substance law when:
54.24(1) the employer or entity making the report has knowledge of the diversion; and
54.25(2) the licensee or regulated person has diverted narcotics from the reporting
54.26employer or organization or at the reporting institution.
54.27(b) Subdivision 1 does not waive the requirement to report under this subdivision.
54.28(c) The requirement to report under this subdivision does not apply:
54.29(1) to licensees or regulated persons who are self-employed;
54.30(2) if the knowledge was obtained in the course of a professional-patient relationship
54.31and the patient is licensed or regulated by a health licensing board; or
54.32(3) if knowledge of the diversion first becomes known to the employer, health care
54.33institution, or other organization, either from:
55.1(i) the licensee or regulated person who has self-reported to the health professional
55.2services program and who has returned to work pursuant to the health professional
55.3services program participation agreement and monitoring plan; or
55.4(ii) an individual who is serving as a work site monitor approved by the health
55.5professional services program for a person described in item (i).
55.6EFFECTIVE DATE.This section is effective July 1, 2014.

55.7    Sec. 48. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
55.8Each health-related licensing board, including the Emergency Medical Services
55.9Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
55.10if a regulated person violates the terms of the health professionals services program
55.11participation agreement or leaves the program except upon fulfilling the terms for
55.12successful completion of the program as set forth in the participation agreement.
55.13EFFECTIVE DATE.This section is effective July 1, 2014.

55.14    Sec. 49. REVISOR'S INSTRUCTION.
55.15(a) The revisor of statutes shall remove cross-references to the sections repealed in
55.16this article wherever they appear in Minnesota Statutes and Minnesota Rules and make
55.17changes necessary to correct the punctuation, grammar, or structure of the remaining text
55.18and preserve its meaning.
55.19(b) The revisor of statutes shall change the term "physician's assistant" to "physician
55.20assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.
55.21EFFECTIVE DATE.Paragraph (a) is effective July 1, 2014.

55.22    Sec. 50. REPEALER.
55.23(a) Minnesota Statutes 2012, section 148.01, subdivision 3, and Minnesota Rules,
55.24parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are repealed.
55.25(b) Minnesota Statutes 2012, sections 214.28; 214.36; and 214.37, are repealed
55.26effective July 1, 2014.
55.27(c) Minnesota Statutes 2013 Supplement, section 148.6440, is repealed the day
55.28following final enactment.
55.29(d) Minnesota Statutes 2012, sections 148.7808, subdivision 2; and 148.7813, are
55.30repealed.

56.1ARTICLE 5
56.2BOARD OF PHARMACY

56.3    Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
56.4151.01 DEFINITIONS.
56.5    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
56.6indicates that a different meaning is intended, the following words, terms, and phrases, for
56.7the purposes of this chapter, shall be given the meanings subjoined to them.
56.8    Subd. 2. Pharmacy. "Pharmacy" means an established a place of business in
56.9which prescriptions, prescription drugs, medicines, chemicals, and poisons are prepared,
56.10compounded, or dispensed, vended, or sold to or for the use of patients by or under
56.11the supervision of a pharmacist and from which related clinical pharmacy services are
56.12delivered.
56.13    Subd. 2a. Limited service pharmacy. "Limited service pharmacy" means a
56.14pharmacy that has been issued a restricted license by the board to perform a limited range
56.15of the activities that constitute the practice of pharmacy.
56.16    Subd. 3. Pharmacist. The term "pharmacist" means an individual with a currently
56.17valid license issued by the Board of Pharmacy to practice pharmacy.
56.18    Subd. 5. Drug. The term "drug" means all medicinal substances and preparations
56.19recognized by the United States Pharmacopoeia and National Formulary, or any revision
56.20thereof, vaccines and biologicals, and all substances and preparations intended for external
56.21and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
56.22humans or other animals, and all substances and preparations, other than food, intended to
56.23affect the structure or any function of the bodies of humans or other animals. The term drug
56.24shall also mean any compound, substance, or derivative that is not approved for human
56.25consumption by the United States Food and Drug Administration or specifically permitted
56.26for human consumption under Minnesota law that, when introduced into the body, induces
56.27an effect similar to that of a Schedule I or Schedule II controlled substance listed in
56.28section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
56.29regardless of whether the substance is marketed for the purpose of human consumption.
56.30    Subd. 6. Medicine. The term "medicine" means any remedial agent that has the
56.31property of curing, preventing, treating, or mitigating diseases, or that is used for that
56.32purpose.
56.33    Subd. 7. Poisons. The term "poisons" means any substance which that, when
56.34introduced into the system, directly or by absorption, produces violent, morbid, or fatal
56.35changes, or which that destroys living tissue with which it comes in contact.
57.1    Subd. 8. Chemical. The term "chemical" means all medicinal or industrial
57.2substances, whether simple or compound, or obtained through the process of the science
57.3and art of chemistry, whether of organic or inorganic origin.
57.4    Subd. 9. Board or State Board of Pharmacy. The term "board" or "State Board of
57.5Pharmacy" means the Minnesota State Board of Pharmacy.
57.6    Subd. 10. Director. The term "director" means the executive director of the
57.7Minnesota State Board of Pharmacy.
57.8    Subd. 11. Person. The term "person" means an individual, firm, partnership,
57.9company, corporation, trustee, association, agency, or other public or private entity.
57.10    Subd. 12. Wholesale. The term "wholesale" means and includes any sale for the
57.11purpose of resale.
57.12    Subd. 13. Commercial purposes. The phrase "commercial purposes" means the
57.13ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
57.14of medicine and, pharmacy, and other health care professions.
57.15    Subd. 14. Manufacturing. The term "manufacturing" except in the case of bulk
57.16compounding, prepackaging or extemporaneous compounding within a pharmacy, means
57.17and includes the production, quality control and standardization by mechanical, physical,
57.18chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
57.19relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
57.20without exception, for medicinal purposes. preparation, propagation, conversion, or
57.21processing of a drug, either directly or indirectly, by extraction from substances of natural
57.22origin or independently by means of chemical or biological synthesis. Manufacturing
57.23includes the packaging or repackaging of a drug, or the labeling or relabeling of
57.24the container of a drug, for resale by pharmacies, practitioners, or other persons.
57.25Manufacturing does not include the prepackaging, extemporaneous compounding, or
57.26anticipatory compounding of a drug within a licensed pharmacy or by a practitioner,
57.27nor the labeling of a container within a pharmacy or by a practitioner for the purpose of
57.28dispensing a drug to a patient pursuant to a valid prescription.
57.29    Subd. 14a. Manufacturer. The term "manufacturer" means any person engaged
57.30in manufacturing.
57.31    Subd. 14b. Outsourcing facility. "Outsourcing facility" means a facility that is
57.32registered by the United States Food and Drug Administration pursuant to United States
57.33Code, title 21, section 353b.
57.34    Subd. 15. Pharmacist intern. The term "pharmacist intern" means (1) a natural
57.35person satisfactorily progressing toward the degree in pharmacy required for licensure, or
57.36(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy
58.1college approved by the board, who is registered by the State Board of Pharmacy for the
58.2purpose of obtaining practical experience as a requirement for licensure as a pharmacist,
58.3or (3) a qualified applicant awaiting examination for licensure.
58.4    Subd. 15a. Pharmacy technician. The term "pharmacy technician" means a person
58.5not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the
58.6preparation and dispensing of medications by performing computer entry of prescription
58.7data and other manipulative tasks. A pharmacy technician shall not perform tasks
58.8specifically reserved to a licensed pharmacist or requiring professional judgment.
58.9    Subd. 16. Prescription drug order. The term "prescription drug order" means a
58.10signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
58.11 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's
58.12practice, issued for an individual patient and containing the following: the date of issue,
58.13name and address of the patient, name and quantity of the drug prescribed, directions
58.14for use, and the name and address of the prescriber. for a drug for a specific patient.
58.15Prescription drug orders for controlled substances must be prepared in accordance with the
58.16provisions of section 152.11 and the federal Controlled Substances Act and the regulations
58.17promulgated thereunder.
58.18    Subd. 16a. Prescription. The term "prescription" means a prescription drug order
58.19that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an
58.20electronic order. To be valid, a prescription must be issued for an individual patient by
58.21a practitioner within the scope and usual course of the practitioner's practice, and must
58.22contain the date of issue, name and address of the patient, name and quantity of the drug
58.23prescribed, directions for use, the name and address of the practitioner, and a telephone
58.24number at which the practitioner can be reached. A prescription written or printed on
58.25paper that is given to the patient or an agent of the patient or that is transmitted by fax
58.26must contain the practitioner's manual signature. An electronic prescription must contain
58.27the practitioner's electronic signature.
58.28    Subd. 16b. Chart order. The term "chart order" means a prescription drug order for
58.29a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct
58.30supervision of a pharmacist, and administered by an authorized person only during the
58.31patient's stay in a hospital or long-term care facility. The chart order shall contain the name
58.32of the patient, another patient identifier such as birth date or medical record number, the
58.33drug ordered, and any directions that the practitioner may prescribe concerning strength,
58.34dosage, frequency, and route of administration. The manual or electronic signature of the
58.35practitioner must be affixed to the chart order at the time it is written or at a later date in
58.36the case of verbal chart orders.
59.1    Subd. 17. Legend drug. "Legend drug" means a drug which that is required by
59.2federal law to bear the following statement, "Caution: Federal law prohibits dispensing
59.3without prescription." be dispensed only pursuant to the prescription of a licensed
59.4practitioner.
59.5    Subd. 18. Label. "Label" means a display of written, printed, or graphic matter
59.6upon the immediate container of any drug or medicine; and a requirement made by or
59.7under authority of Laws 1969, chapter 933 that. Any word, statement, or other information
59.8appearing required by or under the authority of this chapter to appear on the label shall not
59.9be considered to be complied with unless such word, statement, or other information also
59.10appears appear on the outside container or wrapper, if any there be, of the retail package of
59.11such drug or medicine, or is be easily legible through the outside container or wrapper.
59.12    Subd. 19. Package. "Package" means any container or wrapping in which any
59.13drug or medicine is enclosed for use in the delivery or display of that article to retail
59.14purchasers, but does not include:
59.15(a) shipping containers or wrappings used solely for the transportation of any such
59.16article in bulk or in quantity to manufacturers, packers, processors, or wholesale or
59.17retail distributors;
59.18(b) shipping containers or outer wrappings used by retailers to ship or deliver any
59.19such article to retail customers if such containers and wrappings bear no printed matter
59.20pertaining to any particular drug or medicine.
59.21    Subd. 20. Labeling. "Labeling" means all labels and other written, printed, or
59.22graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b)
59.23accompanying such article.
59.24    Subd. 21. Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic
59.25Act, United States Code, title 21, section 301, et seq., as amended.
59.26    Subd. 22. Pharmacist in charge. "Pharmacist in charge" means a duly licensed
59.27pharmacist in the state of Minnesota who has been designated in accordance with the rules
59.28of the State Board of Pharmacy to assume professional responsibility for the operation
59.29of the pharmacy in compliance with the requirements and duties as established by the
59.30board in its rules.
59.31    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
59.32doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
59.33licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of
59.34sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs
59.35(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to
59.36prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
60.1authorized to prescribe, dispense, and administer under section 148.235. For purposes of
60.2sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraph
60.3(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and
60.4administer under chapter 150A.
60.5    Subd. 24. Brand name. "Brand name" means the registered trademark name given
60.6to a drug product by its manufacturer, labeler or distributor.
60.7    Subd. 25. Generic name. "Generic name" means the established name or official
60.8name of a drug or drug product.
60.9    Subd. 26. Finished dosage form. "Finished dosage form" means that form of a
60.10drug which that is or is intended to be dispensed or administered to the patient and requires
60.11no further manufacturing or processing other than packaging, reconstitution, or labeling.
60.12    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
60.13    (1) interpretation and evaluation of prescription drug orders;
60.14    (2) compounding, labeling, and dispensing drugs and devices (except labeling by
60.15a manufacturer or packager of nonprescription drugs or commercially packaged legend
60.16drugs and devices);
60.17    (3) participation in clinical interpretations and monitoring of drug therapy for
60.18assurance of safe and effective use of drugs;
60.19    (4) participation in drug and therapeutic device selection; drug administration for first
60.20dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
60.21    (5) participation in administration of influenza vaccines to all eligible individuals ten
60.22years of age and older and all other vaccines to patients 18 years of age and older under
60.23standing orders from a physician licensed under chapter 147 or by written protocol with a
60.24physician licensed under chapter 147, a physician assistant authorized to prescribe drugs
60.25under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under
60.26section 148.235, provided that:
60.27(i) the protocol includes, at a minimum:
60.28(A) the name, dose, and route of each vaccine that may be given;
60.29(B) the patient population for whom the vaccine may be given;
60.30(C) contraindications and precautions to the vaccine;
60.31(D) the procedure for handling an adverse reaction;
60.32(E) the name, signature, and address of the physician, physician assistant, or
60.33advanced practice nurse;
60.34(F) a telephone number at which the physician, physician assistant, or advanced
60.35practice nurse can be contacted; and
60.36(G) the date and time period for which the protocol is valid;
61.1    (i) (ii) the pharmacist is trained in has successfully completed a program approved
61.2by the American Accreditation Council of Pharmaceutical for Pharmacy Education
61.3specifically for the administration of immunizations or graduated from a college of
61.4pharmacy in 2001 or thereafter a program approved by the board; and
61.5    (ii) (iii) the pharmacist reports the administration of the immunization to the patient's
61.6primary physician or clinic or to the Minnesota Immunization Information Connection; and
61.7(iv) the pharmacist complies with guidelines for vaccines and immunizations
61.8established by the federal Advisory Committee on Immunization Practices, except that a
61.9pharmacist does not need to comply with those portions of the guidelines that establish
61.10immunization schedules when administering a vaccine pursuant to a valid, patient-specific
61.11order issued by a physician licensed under chapter 147, a physician assistant authorized to
61.12prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
61.13drugs under section 148.235, provided that the order is consistent with the United States
61.14Food and Drug Administration approved labeling of the vaccine;
61.15    (6) participation in the practice of managing drug therapy and modifying initiation,
61.16management, modification, and discontinuation of drug therapy, according to section
61.17151.21, subdivision 1, according to a written protocol or collaborative practice agreement
61.18between the specific pharmacist: (i) one or more pharmacists and the individual dentist,
61.19optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
61.20care and authorized to independently prescribe drugs one or more dentists, optometrists,
61.21physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
61.22physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
61.23or advanced practice nurses authorized to prescribe, dispense, and administer under
61.24section 148.235. Any significant changes in drug therapy made pursuant to a protocol or
61.25collaborative practice agreement must be reported documented by the pharmacist to in
61.26 the patient's medical record or reported by the pharmacist to a practitioner responsible
61.27for the patient's care;
61.28    (7) participation in the storage of drugs and the maintenance of records;
61.29    (8) responsibility for participation in patient counseling on therapeutic values,
61.30content, hazards, and uses of drugs and devices; and
61.31    (9) offering or performing those acts, services, operations, or transactions necessary
61.32in the conduct, operation, management, and control of a pharmacy.
61.33    Subd. 27a. Protocol. "Protocol" means:
61.34(1) a specific written plan that describes the nature and scope of activities that a
61.35pharmacist may engage in when initiating, managing, modifying, or discontinuing drug
61.36therapy as allowed in subdivision 27, clause (6); or
62.1(2) a specific written plan that authorizes a pharmacist to administer vaccines and
62.2that complies with subdivision 27, clause (5).
62.3    Subd. 27b. Collaborative practice. "Collaborative practice" means patient care
62.4activities, consistent with subdivision 27, engaged in by one or more pharmacists who
62.5have agreed to work in collaboration with one or more practitioners to initiate, manage,
62.6and modify drug therapy under specified conditions mutually agreed to by the pharmacists
62.7and practitioners.
62.8    Subd. 27c. Collaborative practice agreement. "Collaborative practice agreement"
62.9means a written and signed agreement between one or more pharmacists and one or more
62.10practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
62.11    Subd. 28. Veterinary legend drug. "Veterinary legend drug" means a drug that is
62.12required by federal law to bear the following statement: "Caution: Federal law restricts
62.13this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant
62.14to the prescription of a licensed veterinarian.
62.15    Subd. 29. Legend medical gas. "Legend medical gas" means a liquid or gaseous
62.16substance used for medical purposes and that is required by federal law to bear the
62.17following statement: "Caution: Federal law prohibits dispensing without a prescription."
62.18 be dispensed only pursuant to the prescription of a licensed practitioner.
62.19    Subd. 30. Dispense or dispensing. "Dispense or dispensing" means the preparation
62.20or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
62.21appropriately labeled for subsequent administration to or use by a patient or other individual
62.22entitled to receive the drug. interpretation, evaluation, and processing of a prescription
62.23drug order and includes those processes specified by the board in rule that are necessary
62.24for the preparation and provision of a drug to a patient or patient's agent in a suitable
62.25container appropriately labeled for subsequent administration to, or use by, a patient.
62.26    Subd. 31. Central service pharmacy. "Central service pharmacy" means a
62.27pharmacy that may provide dispensing functions, drug utilization review, packaging,
62.28labeling, or delivery of a prescription product to another pharmacy for the purpose of
62.29filling a prescription.
62.30    Subd. 32. Electronic signature. "Electronic signature" means an electronic sound,
62.31symbol, or process attached to or associated with a record and executed or adopted by a
62.32person with the intent to sign the record.
62.33    Subd. 33. Electronic transmission. "Electronic transmission" means transmission
62.34of information in electronic form.
62.35    Subd. 34. Health professional shortage area. "Health professional shortage area"
62.36means an area designated as such by the federal Secretary of Health and Human Services,
63.1as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
63.2title 42, section 254E.
63.3    Subd. 35. Compounding. "Compounding" means preparing, mixing, assembling,
63.4packaging, and labeling a drug for an identified individual patient as a result of
63.5a practitioner's prescription drug order. Compounding also includes anticipatory
63.6compounding, as defined in this section, and the preparation of drugs in which all bulk
63.7drug substances and components are nonprescription substances. Compounding does
63.8not include mixing or reconstituting a drug according to the product's labeling or to the
63.9manufacturer's directions. Compounding does not include the preparation of a drug for the
63.10purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
63.11is not prepared for dispensing or administration to patients. All compounding, regardless
63.12of the type of product, must be done pursuant to a prescription drug order unless otherwise
63.13permitted in this chapter or by the rules of the board.
63.14    Subd. 36. Anticipatory compounding. "Anticipatory compounding" means the
63.15preparation by a pharmacy of a supply of a compounded drug product that is sufficient to
63.16meet the short-term anticipated need of the pharmacy for the filling of prescription drug
63.17orders. In the case of practitioners only, anticipatory compounding means the preparation
63.18of a supply of a compounded drug product that is sufficient to meet the practitioner's
63.19short-term anticipated need for dispensing or administering the drug to patients treated
63.20by the practitioner. Anticipatory compounding is not the preparation of a compounded
63.21drug product for wholesale distribution.
63.22    Subd. 37. Extemporaneous compounding. "Extemporaneous compounding"
63.23means the compounding of a drug product pursuant to a prescription drug order for a specific
63.24patient that is issued in advance of the compounding. Extemporaneous compounding is
63.25not the preparation of a compounded drug product for wholesale distribution.
63.26    Subd. 38. Compounded positron emission tomography drug. "Compounded
63.27positron emission tomography drug" means a drug that:
63.28(1) exhibits spontaneous disintegration of unstable nuclei by the emission of
63.29positrons and is used for the purpose of providing dual photon positron emission
63.30tomographic diagnostic images;
63.31(2) has been compounded by or on the order of a practitioner in accordance with the
63.32relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research,
63.33teaching, or quality control; and
63.34(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator,
63.35accelerator, target material, electronic synthesizer, or other apparatus or computer program
63.36to be used in the preparation of such a drug.

64.1    Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
64.2151.06 POWERS AND DUTIES.
64.3    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
64.4shall have the power and it shall be its duty:
64.5    (1) to regulate the practice of pharmacy;
64.6    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
64.7    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
64.8dispensed in this state, using the United States Pharmacopeia and the National Formulary,
64.9or any revisions thereof, or standards adopted under the federal act as the standard;
64.10    (4) to enter and inspect by its authorized representative any and all places where
64.11drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
64.12away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
64.13or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
64.14after paying or offering to pay for such sample; it shall be entitled to inspect and make
64.15copies of any and all records of shipment, purchase, manufacture, quality control, and
64.16sale of these items provided, however, that such inspection shall not extend to financial
64.17data, sales data, or pricing data;
64.18    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
64.19to be such;
64.20    (6) to license wholesale drug distributors;
64.21    (7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any
64.22registration or license required under this chapter, to any applicant or registrant or licensee
64.23 upon any of the following grounds: listed in section 151.071, and in accordance with
64.24the provisions of section 151.071;
64.25    (i) fraud or deception in connection with the securing of such license or registration;
64.26    (ii) in the case of a pharmacist, conviction in any court of a felony;
64.27    (iii) in the case of a pharmacist, conviction in any court of an offense involving
64.28moral turpitude;
64.29    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
64.30or habitual indulgence in intoxicating liquors in a manner which could cause conduct
64.31endangering public health;
64.32    (v) unprofessional conduct or conduct endangering public health;
64.33    (vi) gross immorality;
64.34    (vii) employing, assisting, or enabling in any manner an unlicensed person to
64.35practice pharmacy;
64.36    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
65.1    (ix) violation of any of the provisions of this chapter or any of the rules of the State
65.2Board of Pharmacy;
65.3    (x) in the case of a pharmacy license, operation of such pharmacy without a
65.4pharmacist present and on duty;
65.5    (xi) in the case of a pharmacist, physical or mental disability which could cause
65.6incompetency in the practice of pharmacy;
65.7    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
65.8pharmacy in another state; or
65.9    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
65.10violation of section 609.215 as established by any of the following:
65.11    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
65.12violation of section 609.215, subdivision 1 or 2;
65.13    (B) a copy of the record of a judgment of contempt of court for violating an
65.14injunction issued under section 609.215, subdivision 4;
65.15    (C) a copy of the record of a judgment assessing damages under section 609.215,
65.16subdivision 5
; or
65.17    (D) a finding by the board that the person violated section 609.215, subdivision
65.181
or 2. The board shall investigate any complaint of a violation of section 609.215,
65.19subdivision 1
or 2;
65.20    (8) to employ necessary assistants and adopt rules for the conduct of its business;
65.21    (9) to register as pharmacy technicians all applicants who the board determines are
65.22qualified to carry out the duties of a pharmacy technician; and
65.23    (10) to perform such other duties and exercise such other powers as the provisions of
65.24the act may require.; and
65.25(11) to enter and inspect any business to which it issues a license or registration.
65.26    (b) Temporary suspension. In addition to any other remedy provided by law, the board
65.27may, without a hearing, temporarily suspend a license for not more than 60 days if the board
65.28finds that a pharmacist has violated a statute or rule that the board is empowered to enforce
65.29and continued practice by the pharmacist would create an imminent risk of harm to others.
65.30The suspension shall take effect upon written notice to the pharmacist, specifying the
65.31statute or rule violated. At the time it issues the suspension notice, the board shall schedule
65.32a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist
65.33shall be provided with at least 20 days' notice of any hearing held under this subdivision.
65.34    (c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make
65.35and publish uniform rules not inconsistent herewith for carrying out and enforcing
65.36the provisions of this chapter. The board shall adopt rules regarding prospective drug
66.1utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
66.2the pharmacist's professional judgment, upon the presentation of a new prescription by a
66.3patient or the patient's caregiver or agent, shall perform the prospective drug utilization
66.4review required by rules issued under this subdivision.
66.5(d) (c) Substitution; rules. If the United States Food and Drug Administration
66.6(FDA) determines that the substitution of drugs used for the treatment of epilepsy or
66.7seizures poses a health risk to patients, the board shall adopt rules in accordance with
66.8accompanying FDA interchangeability standards regarding the use of substitution for
66.9these drugs. If the board adopts a rule regarding the substitution of drugs used for the
66.10treatment of epilepsy or seizures that conflicts with the substitution requirements of
66.11section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule
66.12proposed by the board would increase state costs for state public health care programs,
66.13the board shall report to the chairs and ranking minority members of the senate Health
66.14and Human Services Budget Division and the house of representatives Health Care and
66.15Human Services Finance Division the proposed rule and the increased cost associated
66.16with the proposed rule before the board may adopt the rule.
66.17    Subd. 1a. Disciplinary action Cease and desist orders. It shall be grounds for
66.18disciplinary action by the Board of Pharmacy against the registration of the pharmacy if
66.19the Board of Pharmacy determines that any person with supervisory responsibilities at the
66.20pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization
66.21review and patient counseling as required by rules adopted under subdivision 1. The
66.22Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions
66.23taken under this section. (a) Whenever it appears to the board that a person has engaged in
66.24an act or practice constituting a violation of a law, rule, or other order related to the duties
66.25and responsibilities entrusted to the board, the board may issue and cause to be served
66.26upon the person an order requiring the person to cease and desist from violations.
66.27(b) The cease and desist order must state the reasons for the issuance of the order
66.28and must give reasonable notice of the rights of the person to request a hearing before
66.29an administrative law judge. A hearing must be held not later than ten days after the
66.30request for the hearing is received by the board. After the completion of the hearing,
66.31the administrative law judge shall issue a report within ten days. Within 15 days after
66.32receiving the report of the administrative law judge, the board shall issue a further order
66.33vacating or making permanent the cease and desist order. The time periods provided in
66.34this provision may be waived by agreement of the executive director of the board and the
66.35person against whom the cease and desist order was issued. If the person to whom a cease
66.36and desist order is issued fails to appear at the hearing after being duly notified, the person
67.1is in default, and the proceeding may be determined against that person upon consideration
67.2of the cease and desist order, the allegations of which may be considered to be true. Unless
67.3otherwise provided, all hearings must be conducted according to chapter 14. The board
67.4may adopt rules of procedure concerning all proceedings conducted under this subdivision.
67.5(c) If no hearing is requested within 30 days of service of the order, the cease and
67.6desist order will become permanent.
67.7(d) A cease and desist order issued under this subdivision remains in effect until
67.8it is modified or vacated by the board. The administrative proceeding provided by this
67.9subdivision, and subsequent appellate judicial review of that administrative proceeding,
67.10constitutes the exclusive remedy for determining whether the board properly issued the
67.11cease and desist order and whether the cease and desist order should be vacated or made
67.12permanent.
67.13    Subd. 1b. Enforcement of violations of cease and desist orders. (a) Whenever
67.14the board under subdivision 1a seeks to enforce compliance with a cease and desist
67.15order that has been made permanent, the allegations of the cease and desist order are
67.16considered conclusively established for purposes of proceeding under subdivision 1a for
67.17permanent or temporary relief to enforce the cease and desist order. Whenever the board
67.18under subdivision 1a seeks to enforce compliance with a cease and desist order when a
67.19hearing or hearing request on the cease and desist order is pending, or the time has not
67.20yet expired to request a hearing on whether a cease and desist order should be vacated or
67.21made permanent, the allegations in the cease and desist order are considered conclusively
67.22established for the purposes of proceeding under subdivision 1a for temporary relief to
67.23enforce the cease and desist order.
67.24(b) Notwithstanding this subdivision or subdivision 1a, the person against whom
67.25the cease and desist order is issued and who has requested a hearing under subdivision 1a
67.26may, within 15 days after service of the cease and desist order, bring an action in Ramsey
67.27County District Court for issuance of an injunction to suspend enforcement of the cease
67.28and desist order pending a final decision of the board under subdivision 1a to vacate or
67.29make permanent the cease and desist order. The court shall determine whether to issue
67.30such an injunction based on traditional principles of temporary relief.
67.31    Subd. 2. Application. In the case of a facility licensed or registered by the board,
67.32the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
67.33shall also apply to the following:
67.34(1) In the case of a partnership, each partner thereof;
67.35(2) In the case of an association, each member thereof;
68.1(3) In the case of a corporation, each officer or director thereof and each shareholder
68.2owning 30 percent or more of the voting stock of such corporation.
68.3    Subd. 3. Application of Administrative Procedure Act. The board shall comply
68.4with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any
68.5license or registration issued under this chapter.
68.6    Subd. 4. Reinstatement. Any license or registration which has been suspended
68.7or revoked may be reinstated by the board provided the holder thereof shall pay all costs
68.8of the proceedings resulting in the suspension or revocation, and, in addition thereto,
68.9pay a fee set by the board.
68.10    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding
68.11$10,000 for each separate violation, the amount of the civil penalty to be fixed so as
68.12to deprive a licensee or registrant of any economic advantage gained by reason of
68.13the violation, to discourage similar violations by the licensee or registrant or any other
68.14licensee or registrant, or to reimburse the board for the cost of the investigation and
68.15proceeding, including, but not limited to, fees paid for services provided by the Office of
68.16Administrative Hearings, legal and investigative services provided by the Office of the
68.17Attorney General, court reporters, witnesses, reproduction of records, board members'
68.18per diem compensation, board staff time, and travel costs and expenses incurred by board
68.19staff and board members.

68.20    Sec. 3. [151.071] DISCIPLINARY ACTION.
68.21    Subdivision 1. Forms of disciplinary action. When the board finds that a licensee,
68.22registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may
68.23do one or more of the following:
68.24(1) deny the issuance of a license or registration;
68.25(2) refuse to renew a license or registration;
68.26(3) revoke the license or registration;
68.27(4) suspend the license or registration;
68.28(5) impose limitations, conditions, or both on the license or registration, including
68.29but not limited to: the limitation of practice to designated settings; the limitation of the
68.30scope of practice within designated settings; the imposition of retraining or rehabilitation
68.31requirements; the requirement of practice under supervision; the requirement of
68.32participation in a diversion program such as that established pursuant to section 214.31
68.33or the conditioning of continued practice on demonstration of knowledge or skills by
68.34appropriate examination or other review of skill and competence;
69.1(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
69.2amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any
69.3economic advantage gained by reason of the violation, to discourage similar violations
69.4by the licensee or registrant or any other licensee or registrant, or to reimburse the board
69.5for the cost of the investigation and proceeding, including but not limited to, fees paid
69.6for services provided by the Office of Administrative Hearings, legal and investigative
69.7services provided by the Office of the Attorney General, court reporters, witnesses,
69.8reproduction of records, board members' per diem compensation, board staff time, and
69.9travel costs and expenses incurred by board staff and board members; and
69.10(7) reprimand the licensee or registrant.
69.11    Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and
69.12is grounds for disciplinary action:
69.13(1) failure to demonstrate the qualifications or satisfy the requirements for a license
69.14or registration contained in this chapter or the rules of the board. The burden of proof is on
69.15the applicant to demonstrate such qualifications or satisfaction of such requirements;
69.16(2) obtaining a license by fraud or by misleading the board in any way during
69.17the application process or obtaining a license by cheating, or attempting to subvert
69.18the licensing examination process. Conduct that subverts or attempts to subvert the
69.19licensing examination process includes, but is not limited to: (i) conduct that violates the
69.20security of the examination materials, such as removing examination materials from the
69.21examination room or having unauthorized possession of any portion of a future, current,
69.22or previously administered licensing examination; (ii) conduct that violates the standard of
69.23test administration, such as communicating with another examinee during administration
69.24of the examination, copying another examinee's answers, permitting another examinee
69.25to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
69.26examinee or permitting an impersonator to take the examination on one's own behalf;
69.27(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a
69.28pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist
69.29intern registration, conviction of a felony reasonably related to the practice of pharmacy.
69.30Conviction as used in this subdivision includes a conviction of an offense that if committed
69.31in this state would be deemed a felony without regard to its designation elsewhere, or
69.32a criminal proceeding where a finding or verdict of guilt is made or returned but the
69.33adjudication of guilt is either withheld or not entered thereon. The board may delay the
69.34issuance of a new license or registration if the applicant has been charged with a felony
69.35until the matter has been adjudicated;
70.1(4) for a facility, other than a pharmacy, licensed or registered by the board, if an
70.2owner or applicant is convicted of a felony reasonably related to the operation of the
70.3facility. The board may delay the issuance of a new license or registration if the owner or
70.4applicant has been charged with a felony until the matter has been adjudicated;
70.5(5) for a controlled substance researcher, conviction of a felony reasonably related
70.6to controlled substances or to the practice of the researcher's profession. The board may
70.7delay the issuance of a registration if the applicant has been charged with a felony until
70.8the matter has been adjudicated;
70.9(6) disciplinary action taken by another state or by one of this state's health licensing
70.10agencies:
70.11(i) revocation, suspension, restriction, limitation, or other disciplinary action against
70.12a license or registration in another state or jurisdiction, failure to report to the board that
70.13charges or allegations regarding the person's license or registration have been brought in
70.14another state or jurisdiction, or having been refused a license or registration by any other
70.15state or jurisdiction. The board may delay the issuance of a new license or registration if
70.16an investigation or disciplinary action is pending in another state or jurisdiction until the
70.17investigation or action has been dismissed or otherwise resolved; and
70.18(ii) revocation, suspension, restriction, limitation, or other disciplinary action against
70.19a license or registration issued by another of this state's health licensing agencies, failure
70.20to report to the board that charges regarding the person's license or registration have been
70.21brought by another of this state's health licensing agencies, or having been refused a
70.22license or registration by another of this state's health licensing agencies. The board may
70.23delay the issuance of a new license or registration if a disciplinary action is pending before
70.24another of this state's health licensing agencies until the action has been dismissed or
70.25otherwise resolved;
70.26(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation
70.27of any order of the board, of any of the provisions of this chapter or any rules of the
70.28board or violation of any federal, state, or local law or rule reasonably pertaining to the
70.29practice of pharmacy;
70.30(8) for a facility, other than a pharmacy, licensed by the board, violations of any
70.31order of the board, of any of the provisions of this chapter or the rules of the board or
70.32violation of any federal, state, or local law relating to the operation of the facility;
70.33(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
70.34the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
70.35of a patient; or pharmacy practice that is professionally incompetent, in that it may create
71.1unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
71.2of actual injury need not be established;
71.3(10) aiding or abetting an unlicensed person in the practice of pharmacy, except
71.4that it is not a violation of this clause for a pharmacist to supervise a properly registered
71.5pharmacy technician or pharmacist intern if that person is performing duties allowed
71.6by this chapter or the rules of the board;
71.7(11) for an individual licensed or registered by the board, adjudication as mentally ill
71.8or developmentally disabled, or as a chemically dependent person, a person dangerous
71.9to the public, a sexually dangerous person, or a person who has a sexual psychopathic
71.10personality, by a court of competent jurisdiction, within or without this state. Such
71.11adjudication shall automatically suspend a license for the duration thereof unless the
71.12board orders otherwise;
71.13(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as
71.14specified in the board's rules. In the case of a pharmacy technician, engaging in conduct
71.15specified in board rules that would be unprofessional if it were engaged in by a pharmacist
71.16or pharmacist intern or performing duties specifically reserved for pharmacists under this
71.17chapter or the rules of the board;
71.18(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
71.19duty except as allowed by a variance approved by the board;
71.20(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and
71.21safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
71.22any other type of material or as a result of any mental or physical condition, including
71.23deterioration through the aging process or loss of motor skills. In the case of registered
71.24pharmacy technicians, pharmacist interns, or controlled substance researchers, the
71.25inability to carry out duties allowed under this chapter or the rules of the board with
71.26reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs,
71.27narcotics, chemicals, or any other type of material or as a result of any mental or physical
71.28condition, including deterioration through the aging process or loss of motor skills;
71.29(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical
71.30gas distributor, or controlled substance researcher, revealing a privileged communication
71.31from or relating to a patient except when otherwise required or permitted by law;
71.32(16) for a pharmacist or pharmacy, improper management of patient records,
71.33including failure to maintain adequate patient records, to comply with a patient's request
71.34made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report
71.35required by law;
71.36(17) fee splitting, including without limitation:
72.1(i) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
72.2kickback, or other form of remuneration, directly or indirectly, for the referral of patients;
72.3and
72.4(ii) referring a patient to any health care provider as defined in sections 144.291 to
72.5144.298 in which the licensee or registrant has a financial or economic interest as defined
72.6in section 144.6521, subdivision 3, unless the licensee or registrant has disclosed the
72.7licensee's or registrant's financial or economic interest in accordance with section 144.6521;
72.8(18) engaging in abusive or fraudulent billing practices, including violations of the
72.9federal Medicare and Medicaid laws or state medical assistance laws or rules;
72.10(19) engaging in conduct with a patient that is sexual or may reasonably be
72.11interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
72.12demeaning to a patient;
72.13(20) failure to make reports as required by section 151.072 or to cooperate with an
72.14investigation of the board as required by section 151.074;
72.15(21) knowingly providing false or misleading information that is directly related
72.16to the care of a patient unless done for an accepted therapeutic purpose such as the
72.17dispensing and administration of a placebo;
72.18(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
72.19established by any of the following:
72.20(i) a copy of the record of criminal conviction or plea of guilty for a felony in
72.21violation of section 609.215, subdivision 1 or 2;
72.22(ii) a copy of the record of a judgment of contempt of court for violating an
72.23injunction issued under section 609.215, subdivision 4;
72.24(iii) a copy of the record of a judgment assessing damages under section 609.215,
72.25subdivision 5; or
72.26(iv) a finding by the board that the person violated section 609.215, subdivision
72.271 or 2. The board shall investigate any complaint of a violation of section 609.215,
72.28subdivision 1 or 2;
72.29(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.
72.30For a pharmacist intern, pharmacy technician, or controlled substance researcher,
72.31performing duties permitted to such individuals by this chapter or the rules of the board
72.32under a lapsed or nonrenewed registration. For a facility required to be licensed under this
72.33chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
72.34(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination or
72.35discharge from the health professionals services program for reasons other than the
72.36satisfactory completion of the program.
73.1    Subd. 3. Automatic suspension. (a) A license or registration issued under this
73.2chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance
73.3researcher is automatically suspended if: (1) a guardian of a licensee or registrant is
73.4appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
73.5other than the minority of the licensee or registrant; or (2) the licensee or registrant is
73.6committed by order of a court pursuant to chapter 253B. The license or registration
73.7remains suspended until the licensee is restored to capacity by a court and, upon petition
73.8by the licensee or registrant, the suspension is terminated by the board after a hearing.
73.9(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the
73.10board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice
73.11of pharmacy, the license or registration of the regulated person may be automatically
73.12suspended by the board. The license or registration will remain suspended until, upon
73.13petition by the regulated individual and after a hearing, the suspension is terminated by
73.14the board. The board may indefinitely suspend or revoke the license or registration of the
73.15regulated individual if, after a hearing before the board, the board finds that the felonious
73.16conduct would cause a serious risk of harm to the public.
73.17(c) For a facility that is licensed or registered by the board, upon notice to the
73.18board that an owner of the facility is subject to a judgment of, or a plea of guilty to,
73.19a felony reasonably related to the operation of the facility, the license or registration of
73.20the facility may be automatically suspended by the board. The license or registration will
73.21remain suspended until, upon petition by the facility and after a hearing, the suspension
73.22is terminated by the board. The board may indefinitely suspend or revoke the license or
73.23registration of the facility if, after a hearing before the board, the board finds that the
73.24felonious conduct would cause a serious risk of harm to the public.
73.25(d) For licenses and registrations that have been suspended or revoked pursuant
73.26to paragraphs (a) and (b), the regulated individual may have a license or registration
73.27reinstated, either with or without restrictions, by demonstrating clear and convincing
73.28evidence of rehabilitation, as provided in section 364.03. If the regulated individual has
73.29the conviction subsequently overturned by court decision, the board shall conduct a
73.30hearing to review the suspension within 30 days after the receipt of the court decision.
73.31The regulated individual is not required to prove rehabilitation if the subsequent court
73.32decision overturns previous court findings of public risk.
73.33(e) For licenses and registrations that have been suspended or revoked pursuant to
73.34paragraph (c), the regulated facility may have a license or registration reinstated, either with
73.35or without restrictions, conditions, or limitations, by demonstrating clear and convincing
73.36evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the
74.1convicted owner has the conviction subsequently overturned by court decision, the board
74.2shall conduct a hearing to review the suspension within 30 days after receipt of the court
74.3decision. The regulated facility is not required to prove rehabilitation of the convicted
74.4owner if the subsequent court decision overturns previous court findings of public risk.
74.5(f) The board may, upon majority vote of a quorum of its appointed members,
74.6suspend the license or registration of a regulated individual without a hearing if the
74.7regulated individual fails to maintain a current name and address with the board, as
74.8described in paragraphs (h) and (i), while the regulated individual is: (1) under board
74.9investigation, and a notice of conference has been issued by the board; (2) party to a
74.10contested case with the board; (3) party to an agreement for corrective action with the
74.11board; or (4) under a board order for disciplinary action. The suspension shall remain
74.12in effect until lifted by the board to the board's receipt of a petition from the regulated
74.13individual, along with the current name and address of the regulated individual.
74.14(g) The board may, upon majority vote of a quorum of its appointed members,
74.15suspend the license or registration of a regulated facility without a hearing if the regulated
74.16facility fails to maintain a current name and address of the owner of the facility with the
74.17board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under
74.18board investigation, and a notice of conference has been issued by the board; (2) party
74.19to a contested case with the board; (3) party to an agreement for corrective action with
74.20the board; or (4) under a board order for disciplinary action. The suspension shall remain
74.21in effect until lifted by the board pursuant to the board's receipt of a petition from the
74.22regulated facility, along with the current name and address of the owner of the facility.
74.23(h) An individual licensed or registered by the board shall maintain a current name
74.24and home address with the board and shall notify the board in writing within 30 days of
74.25any change in name or home address. An individual regulated by the board shall also
74.26maintain a current business address with the board as required by section 214.073. For
74.27an individual, if a name change only is requested, the regulated individual must request
74.28a revised license or registration. The board may require the individual to substantiate
74.29the name change by submitting official documentation from a court of law or agency
74.30authorized under law to receive and officially record a name change. In the case of an
74.31individual, if an address change only is requested, no request for a revised license or
74.32registration is required. If the current license or registration of an individual has been lost,
74.33stolen, or destroyed, the individual shall provide a written explanation to the board.
74.34(i) A facility licensed or registered by the board shall maintain a current name and
74.35address with the board. A facility shall notify the board in writing within 30 days of any
74.36change in name. A facility licensed or registered by the board but located outside of the
75.1state must notify the board within 30 days of an address change. A facility licensed or
75.2registered by the board and located within the state must notify the board at least 60
75.3days in advance of a change of address that will result from the move of the facility to a
75.4different location and must pass an inspection at the new location as required by the board.
75.5If the current license or registration of a facility has been lost, stolen, or destroyed, the
75.6facility shall provide a written explanation to the board.
75.7    Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
75.8qualification, or restriction of a license or registration shall be in effect pending
75.9determination of an appeal.
75.10    Subd. 5. Conditions on reissued license. In its discretion, the board may restore
75.11and reissue a license or registration issued under this chapter, but as a condition thereof
75.12may impose any disciplinary or corrective measure that it might originally have imposed.
75.13    Subd. 6. Temporary suspension of license for pharmacists. In addition to any
75.14other remedy provided by law, the board may, without a hearing, temporarily suspend the
75.15license of a pharmacist if the board finds that the pharmacist has violated a statute or rule
75.16that the board is empowered to enforce and continued practice by the pharmacist would
75.17create a serious risk of harm to the public. The suspension shall take effect upon written
75.18notice to the pharmacist, specifying the statute or rule violated. The suspension shall
75.19remain in effect until the board issues a final order in the matter after a hearing. At the
75.20time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
75.21held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with
75.22at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall
75.23be scheduled to begin no later than 30 days after the issuance of the suspension order.
75.24    Subd. 7. Temporary suspension of license for pharmacist interns, pharmacy
75.25technicians, and controlled substance researchers. In addition to any other remedy
75.26provided by law, the board may, without a hearing, temporarily suspend the registration of
75.27a pharmacist intern, pharmacy technician, or controlled substance researcher if the board
75.28finds that the registrant has violated a statute or rule that the board is empowered to enforce
75.29and continued registration of the registrant would create a serious risk of harm to the
75.30public. The suspension shall take effect upon written notice to the registrant, specifying
75.31the statute or rule violated. The suspension shall remain in effect until the board issues a
75.32final order in the matter after a hearing. At the time it issues the suspension notice, the
75.33board shall schedule a disciplinary hearing to be held pursuant to the Administrative
75.34Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of
75.35any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
75.36later than 30 days after the issuance of the suspension order.
76.1    Subd. 8. Temporary suspension of license for pharmacies, drug wholesalers,
76.2drug manufacturers, medical gas manufacturers, and medical gas distributors.
76.3In addition to any other remedy provided by law, the board may, without a hearing,
76.4temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug
76.5manufacturer, medical gas manufacturer, or medical gas distributor if the board finds
76.6that the licensee or registrant has violated a statute or rule that the board is empowered
76.7to enforce and continued operation of the licensed facility would create a serious risk of
76.8harm to the public. The suspension shall take effect upon written notice to the licensee or
76.9registrant, specifying the statute or rule violated. The suspension shall remain in effect
76.10until the board issues a final order in the matter after a hearing. At the time it issues the
76.11suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
76.12the Administrative Procedure Act. The licensee or registrant shall be provided with at
76.13least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be
76.14scheduled to begin no later than 30 days after the issuance of the suspension order.
76.15    Subd. 9. Evidence. In disciplinary actions alleging a violation of subdivision 2,
76.16clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court
76.17administrator or of the administrative agency that entered the same shall be admissible
76.18into evidence without further authentication and shall constitute prima facie evidence
76.19of the contents thereof.
76.20    Subd. 10. Mental or physical examination. If the board has probable cause to
76.21believe that an individual licensed or registered by the board falls under subdivision 2,
76.22clause (14), it may direct the individual to submit to a mental or physical examination.
76.23For the purpose of this subdivision, every licensed or registered individual is deemed to
76.24have consented to submit to a mental or physical examination when directed in writing by
76.25the board and further to have waived all objections to the admissibility of the examining
76.26practitioner's testimony or examination reports on the grounds that the same constitute
76.27a privileged communication. Failure of a licensed or registered individual to submit to
76.28an examination when directed constitutes an admission of the allegations against the
76.29individual, unless the failure was due to circumstances beyond the individual's control, in
76.30which case a default and final order may be entered without the taking of testimony or
76.31presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
76.32intervals be given an opportunity to demonstrate that they can resume the competent
76.33practice of the profession of pharmacy with reasonable skill and safety to the public.
76.34Pharmacist interns, pharmacy technicians, or controlled substance researchers affected
76.35under this paragraph shall at reasonable intervals be given an opportunity to demonstrate
76.36that they can competently resume the duties that can be performed, under this chapter or
77.1the rules of the board, by similarly registered persons with reasonable skill and safety to
77.2the public. In any proceeding under this paragraph, neither the record of proceedings nor
77.3the orders entered by the board shall be used against a licensed or registered individual
77.4in any other proceeding.
77.5    Subd. 11. Tax clearance certificate. (a) In addition to the provisions of subdivision
77.61, the board may not issue or renew a license or registration if the commissioner of
77.7revenue notifies the board and the licensee or applicant for a license that the licensee or
77.8applicant owes the state delinquent taxes in the amount of $500 or more. The board may
77.9issue or renew the license or registration only if (1) the commissioner of revenue issues a
77.10tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or
77.11applicant forwards a copy of the clearance to the board. The commissioner of revenue
77.12may issue a clearance certificate only if the licensee, registrant, or applicant does not owe
77.13the state any uncontested delinquent taxes.
77.14(b) For purposes of this subdivision, the following terms have the meanings given.
77.15(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
77.16and interest due on those taxes.
77.17(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court
77.18action that contests the amount or validity of the liability has been filed or served, (ii) the
77.19appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant
77.20has entered into a payment agreement to pay the liability and is current with the payments.
77.21(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee,
77.22registrant, or applicant is required to obtain a clearance certificate under this subdivision,
77.23a contested case hearing must be held if the licensee or applicant requests a hearing in
77.24writing to the commissioner of revenue within 30 days of the date of the notice provided
77.25in paragraph (a). The hearing must be held within 45 days of the date the commissioner of
77.26revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law
77.27to the contrary, the licensee or applicant must be served with 20 days' notice in writing
77.28specifying the time and place of the hearing and the allegations against the licensee or
77.29applicant. The notice may be served personally or by mail.
77.30(d) A licensee or applicant must provide the licensee's or applicant's Social Security
77.31number and Minnesota business identification number on all license applications. Upon
77.32request of the commissioner of revenue, the board must provide to the commissioner of
77.33revenue a list of all licensees and applicants that includes the licensee's or applicant's
77.34name, address, Social Security number, and business identification number. The
77.35commissioner of revenue may request a list of the licensees and applicants no more than
77.36once each calendar year.
78.1    Subd. 12. Limitation. No board proceeding against a regulated person or facility
78.2shall be instituted unless commenced within seven years from the date of the commission
78.3of some portion of the offense or misconduct complained of except for alleged violations
78.4of subdivision 2, clause (21).

78.5    Sec. 4. [151.072] REPORTING OBLIGATIONS.
78.6    Subdivision 1. Permission to report. A person who has knowledge of any conduct
78.7constituting grounds for discipline under the provisions of this chapter or the rules of the
78.8board may report the violation to the board.
78.9    Subd. 2. Pharmacies. A pharmacy located in this state must report to the board any
78.10discipline that is related to an incident involving conduct that would constitute grounds
78.11for discipline under the provisions of this chapter or the rules of the board, that is taken
78.12by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
78.13pharmacy technician, including the termination of employment of the individual or the
78.14revocation, suspension, restriction, limitation, or conditioning of an individual's ability
78.15to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
78.16resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
78.17any disciplinary proceeding, or prior to the commencement of formal charges but after the
78.18individual had knowledge that formal charges were contemplated or in preparation. Each
78.19report made under this subdivision must state the nature of the action taken and state in
78.20detail the reasons for the action. Failure to report violations as required by this subdivision
78.21is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
78.22    Subd. 3. Licensees and registrants of the board. A licensee or registrant of
78.23the board shall report to the board personal knowledge of any conduct that the person
78.24reasonably believes constitutes grounds for disciplinary action under this chapter or
78.25the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
78.26controlled substance researcher, including any conduct indicating that the person may be
78.27professionally incompetent, or may have engaged in unprofessional conduct or may be
78.28medically or physically unable to engage safely in the practice of pharmacy or to carry
78.29out the duties permitted to the person by this chapter or the rules of the board. Failure
78.30to report violations as required by this subdivision is a basis for discipline pursuant to
78.31section 151.071, subdivision 2, clause (20).
78.32    Subd. 4. Self-reporting. A licensee or registrant of the board shall report to the
78.33board any personal action that would require that a report be filed with the board pursuant
78.34to subdivision 2.
79.1    Subd. 5. Deadlines; forms. Reports required by subdivisions 2 to 4 must be
79.2submitted not later than 30 days after the occurrence of the reportable event or transaction.
79.3The board may provide forms for the submission of reports required by this section, may
79.4require that reports be submitted on the forms provided, and may adopt rules necessary
79.5to assure prompt and accurate reporting.
79.6    Subd. 6. Subpoenas. The board may issue subpoenas for the production of any
79.7reports required by subdivisions 2 to 4 or any related documents.

79.8    Sec. 5. [151.073] IMMUNITY.
79.9Any person, health care facility, business, or organization is immune from civil
79.10liability or criminal prosecution for submitting in good faith a report to the board under
79.11section 151.072 or for otherwise reporting in good faith to the board violations or alleged
79.12violations of this chapter or the rules of the board. All such reports are investigative
79.13data pursuant to chapter 13.

79.14    Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
79.15An individual who is licensed or registered by the board, who is the subject of an
79.16investigation by or on behalf of the board, shall cooperate fully with the investigation.
79.17An owner or employee of a facility that is licensed or registered by the board, when the
79.18facility is the subject of an investigation by or on behalf of the board, shall cooperate
79.19fully with the investigation. Cooperation includes responding fully and promptly to any
79.20question raised by, or on behalf of, the board relating to the subject of the investigation and
79.21providing copies of patient pharmacy records and other relevant records, as reasonably
79.22requested by the board, to assist the board in its investigation. The board shall maintain
79.23any records obtained pursuant to this section as investigative data pursuant to chapter 13.

79.24    Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
79.25Upon judicial review of any board disciplinary action taken under this chapter, the
79.26reviewing court shall seal the administrative record, except for the board's final decision,
79.27and shall not make the administrative record available to the public.

79.28    Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
79.29151.211 RECORDS OF PRESCRIPTIONS.
79.30    Subdivision 1. Retention of prescription drug orders. All prescriptions dispensed
79.31 prescription drug orders shall be kept on file at the location in from which such dispensing
79.32occurred of the ordered drug occurs for a period of at least two years. Prescription drug
80.1orders that are electronically prescribed must be kept on file in the format in which
80.2they were originally received. Written or printed prescription drug orders and verbal
80.3prescription drug orders reduced to writing, must be kept on file as received or transcribed,
80.4except that such orders may be kept in an electronic format as allowed by the board.
80.5Electronic systems used to process and store prescription drug orders must be compliant
80.6with the requirements of this chapter and the rules of the board. Prescription drug orders
80.7that are stored in an electronic format, as permitted by this subdivision, may be kept on
80.8file at a remote location provided that they are readily and securely accessible from the
80.9location at which dispensing of the ordered drug occurred.
80.10    Subd. 2. Refill requirements. No A prescription shall drug order may be refilled
80.11except only with the written, electronic, or verbal consent of the prescriber and in
80.12accordance with the requirements of this chapter, the rules of the board, and where
80.13applicable, section 152.11. The date of such refill must be recorded and initialed upon
80.14the original prescription drug order, or within the electronically maintained record of the
80.15original prescription drug order, by the pharmacist, pharmacist intern, or practitioner
80.16who refills the prescription.

80.17    Sec. 9. [151.251] COMPOUNDING.
80.18    Subdivision 1. Exemption from manufacturing licensure requirement. Section
80.19151.252 shall not apply to:
80.20(1) a practitioner engaged in extemporaneous compounding, anticipatory
80.21compounding, or compounding not done pursuant to a prescription drug order when
80.22permitted by this chapter or the rules of the board; and
80.23(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
80.24anticipatory compounding, or compounding not done pursuant to a prescription drug order
80.25when permitted by this chapter or the rules of the board.
80.26    Subd. 2. Compounded drug. A drug product may be compounded under this
80.27section if a pharmacist or practitioner:
80.28(a) compounds the drug product using bulk drug substances, as defined in the federal
80.29regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
80.30(1) that:
80.31(i) comply with the standards of an applicable United States Pharmacopoeia
80.32or National Formulary monograph, if a monograph exists, and the United States
80.33Pharmacopoeia chapter on pharmacy compounding;
81.1(ii) if such a monograph does not exist, are drug substances that are components of
81.2drugs approved for use in this country by the United States Food and Drug Administration;
81.3or
81.4(iii) if such a monograph does not exist and the drug substance is not a component of
81.5a drug approved for use in this country by the United States Food and Drug Administration,
81.6that appear on a list developed by the United States Food and Drug Administration through
81.7regulations issued by the secretary of the federal Department of Health and Human Services
81.8pursuant to section 503A of the Food, Drug and Cosmetic Act under paragraph (d);
81.9(2) that are manufactured by an establishment that is registered under section 360
81.10of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
81.11registered under section 360(i) of that act; and
81.12(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
81.13(b) compounds the drug product using ingredients, other than bulk drug substances,
81.14that comply with the standards of an applicable United States Pharmacopoeia or National
81.15Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
81.16chapters on pharmacy compounding;
81.17(c) does not compound a drug product that appears on a list published by the secretary
81.18of the federal Department of Health and Human Services in the Federal Register of drug
81.19products that have been withdrawn or removed from the market because such drug products
81.20or components of such drug products have been found to be unsafe or not effective;
81.21(d) does not compound any drug products that are essentially copies of a
81.22commercially available drug product; and
81.23(e) does not compound any drug product that has been identified pursuant to
81.24United States Code, title 21, section 353a, as a drug product that presents demonstrable
81.25difficulties for compounding that reasonably demonstrate an adverse effect on the safety
81.26or effectiveness of that drug product.
81.27The term "essentially a copy of a commercially available drug product" does not
81.28include a drug product in which there is a change, made for an identified individual
81.29patient, that produces for that patient a significant difference, as determined by the
81.30prescribing practitioner, between the compounded drug and the comparable commercially
81.31available drug product.
81.32    Subd. 3. Exceptions. This section shall not apply to:
81.33(1) compounded positron emission tomography drugs as defined in section 151.01,
81.34subdivision 38; or
81.35(2) radiopharmaceuticals.

82.1    Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
82.2a subdivision to read:
82.3    Subd. 1a. Outsourcing facility. (a) No person shall act as an outsourcing facility
82.4without first obtaining a license from the board and paying any applicable manufacturer
82.5licensing fee specified in section 151.065.
82.6(b) Application for an outsourcing facility license under this section shall be made
82.7in a manner specified by the board and may differ from the application required of other
82.8drug manufacturers.
82.9(c) No license shall be issued or renewed for an outsourcing facility unless the
82.10applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
82.11state law and according to Minnesota Rules.
82.12(d) No license shall be issued or renewed for an outsourcing facility unless the
82.13applicant supplies the board with proof of such registration by the United States Food and
82.14Drug Administration as required by United States Code, title 21, section 353b.
82.15(e) No license shall be issued or renewed for an outsourcing facility that is required
82.16to be licensed or registered by the state in which it is physically located unless the
82.17applicant supplies the board with proof of such licensure or registration. The board may
82.18establish, by rule, standards for the licensure of an outsourcing facility that is not required
82.19to be licensed or registered by the state in which it is physically located.
82.20(f) The board shall require a separate license for each outsourcing facility located
82.21within the state and for each outsourcing facility located outside of the state at which drugs
82.22that are shipped into the state are prepared.
82.23(g) The board shall not issue an initial or renewed license for an outsourcing facility
82.24unless the facility passes an inspection conducted by an authorized representative of the
82.25board. In the case of an outsourcing facility located outside of the state, the board may
82.26require the applicant to pay the cost of the inspection, in addition to the license fee in
82.27section 151.065, unless the applicant furnishes the board with a report, issued by the
82.28appropriate regulatory agency of the state in which the facility is located or by the United
82.29States Food and Drug Administration, of an inspection that has occurred within the 24
82.30months immediately preceding receipt of the license application by the board. The board
82.31may deny licensure unless the applicant submits documentation satisfactory to the board
82.32that any deficiencies noted in an inspection report have been corrected.

82.33    Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
82.34151.26 EXCEPTIONS.
83.1    Subdivision 1. Generally. Nothing in this chapter shall subject a person duly
83.2licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
83.3by the State Board of Pharmacy, nor prevent the person from administering drugs,
83.4medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
83.5practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
83.6chemicals, or poisons as may be considered appropriate in the treatment of such patient;
83.7unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
83.8provides reasonable notice of an inspection.
83.9Except for the provisions of section 151.37, nothing in this chapter applies to or
83.10interferes with the dispensing, in its original package and at no charge to the patient, of a
83.11legend drug, other than a controlled substance, that was packaged by a manufacturer and
83.12provided to the dispenser for distribution as a professional sample.
83.13Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
83.14poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
83.15practice, nor to hospitals for use therein.
83.16Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
83.17at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
83.18sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in
83.19this chapter shall prevent the sale of common household preparations and other drugs,
83.20chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided
83.21that this exception does not apply to any compound, substance, or derivative that is not
83.22approved for human consumption by the United States Food and Drug Administration
83.23or specifically permitted for human consumption under Minnesota law that, when
83.24introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
83.25controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
83.26parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
83.27purpose of human consumption.
83.28Nothing in this chapter shall apply to or interfere with the vending or retailing of
83.29any nonprescription medicine or drug not otherwise prohibited by statute which that is
83.30prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
83.31labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
83.32to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
83.33cosmetics, perfumes, spices, and other commonly used household articles of a chemical
83.34nature, for use for nonmedicinal purposes.; provided that this exception does not apply
83.35to any compound, substance, or derivative that is not approved for human consumption
83.36by the United States Food and Drug Administration or specifically permitted for human
84.1consumption under Minnesota law that, when introduced into the body, induces an effect
84.2similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
84.3subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
84.4whether the substance is marketed for the purpose of human consumption. Nothing in
84.5this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
84.6discount to persons over 65 years of age.

84.7    Sec. 12. Minnesota Statutes 2012, section 151.34, is amended to read:
84.8151.34 PROHIBITED ACTS.
84.9It shall be unlawful to:
84.10(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated
84.11or misbranded;
84.12(2) adulterate or misbrand any drug;
84.13(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or
84.14proffer delivery thereof for pay or otherwise;
84.15(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to
84.16permit access to or copying of any record as authorized by this chapter;
84.17(5) remove or dispose of a detained or embargoed article in violation of this chapter;
84.18(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling
84.19of, or to do any other act with respect to a drug, if such act is done while such drug is held
84.20for sale and results in such drug being adulterated or misbranded;
84.21(7) use for a person's own advantage or to reveal other than to the board or its
84.22authorized representative or to the courts when required in any judicial proceeding under
84.23this chapter any information acquired under authority of this chapter concerning any
84.24method or process which that is a trade secret and entitled to protection;
84.25(8) use on the labeling of any drug any representation or suggestion that an
84.26application with respect to such drug is effective under the federal act or that such drug
84.27complies with such provisions;
84.28(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale
84.29within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed
84.30by applicable law to administer such drug who makes written request for information as to
84.31such drug, true and correct copies of all printed matter which that is required to be included
84.32in any package in which that drug is distributed or sold, or such other printed matter as is
84.33approved under the federal act. Nothing in this paragraph shall be construed to exempt
84.34any person from any labeling requirement imposed by or under provisions of this chapter;
84.35(10) conduct a pharmacy without a pharmacist in charge;
85.1(11) dispense a legend drug without first obtaining a valid prescription for that drug;
85.2(12) conduct a pharmacy without proper registration with the board;
85.3(13) practice pharmacy without being licensed to do so by the board; or
85.4(14) sell at retail federally restricted medical gases without proper registration with
85.5the board except as provided in this chapter.; or
85.6(15) sell any compound, substance, or derivative that is not approved for human
85.7consumption by the United States Food and Drug Administration or specifically permitted
85.8for human consumption under Minnesota law that, when introduced into the body, induces
85.9an effect similar to that of a Schedule I or Schedule II controlled substance listed in
85.10section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
85.11regardless of whether the substance is marketed for the purpose of human consumption.

85.12    Sec. 13. Minnesota Statutes 2012, section 151.35, is amended to read:
85.13151.35 DRUGS, ADULTERATION.
85.14A drug shall be deemed to be adulterated:
85.15(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or
85.16if it has been produced, prepared, packed, or held under unsanitary conditions whereby it
85.17may have been rendered injurious to health, or whereby it may have been contaminated
85.18with filth; or if the methods used in, or the facilities or controls used for, its manufacture,
85.19processing, packing, or holding do not conform to or are not operated or administered
85.20in conformity with current good manufacturing practice as required under the federal
85.21act to assure that such drug is safe and has the identity, strength, quality, and purity
85.22characteristics, which it purports or is represented to possess; or the facility in which it
85.23was produced was not registered by the United States Food and Drug Administration or
85.24licensed by the board; or, its container is composed, in whole or in part, of any poisonous
85.25or deleterious substance which may render the contents injurious to health; or it bears
85.26or contains, for purposes of coloring only, a color additive which is unsafe within the
85.27meaning of the federal act, or it is a color additive, the intended use of which in or on drugs
85.28is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
85.29(2) if it purports to be or is represented as a drug the name of which is recognized in
85.30the United States Pharmacopoeia or the National Formulary, and its strength differs from,
85.31or its quality or purity falls below, the standard set forth therein. Such determination as
85.32to strength, quality, or purity shall be made in accordance with the tests or methods of
85.33assay set forth in such compendium, or in the absence of or inadequacy of such tests or
85.34methods of assay, those prescribed under authority of the federal act. No drug defined
85.35in the United States Pharmacopoeia or the National Formulary shall be deemed to be
86.1adulterated under this paragraph because it differs from the standard of strength, quality,
86.2or purity therefor set forth in such compendium, if its difference in strength, quality, or
86.3purity from such standard is plainly stated on its label;
86.4(3) if it is not subject to the provisions of paragraph (2) of this section and its
86.5strength differs from, or its purity or quality differs from that which it purports or is
86.6represented to possess;
86.7(4) if any substance has been mixed or packed therewith so as to reduce its quality or
86.8strength, or substituted wholly or in part therefor.

86.9    Sec. 14. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
86.10    Subd. 2. After January 1, 1983. (a) No legend drug in solid oral dosage form
86.11may be manufactured, packaged or distributed for sale in this state after January 1, 1983
86.12unless it is clearly marked or imprinted with a symbol, number, company name, words,
86.13letters, national drug code or other mark uniquely identifiable to that drug product. An
86.14identifying mark or imprint made as required by federal law or by the federal Food and
86.15Drug Administration shall be deemed to be in compliance with this section.
86.16(b) The Board of Pharmacy may grant exemptions from the requirements of this
86.17section on its own initiative or upon application of a manufacturer, packager, or distributor
86.18indicating size or other characteristics which that render the product impractical for the
86.19imprinting required by this section.
86.20(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
86.21(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
86.22January 1, 1983, and held in stock for resale.
86.23(2) Drugs which are manufactured by or upon the order of a practitioner licensed by
86.24law to prescribe or administer drugs and which are to be used solely by the patient for
86.25whom prescribed.

86.26    Sec. 15. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
86.2743, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
86.2810, section 5, is amended to read:
86.29151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
86.30    Subdivision 1. Prohibition. Except as otherwise provided in this chapter, it shall be
86.31unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
86.32distribute a legend drug.
86.33    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
86.34professional practice only, may prescribe, administer, and dispense a legend drug, and
87.1may cause the same to be administered by a nurse, a physician assistant, or medical
87.2student or resident under the practitioner's direction and supervision, and may cause a
87.3person who is an appropriately certified, registered, or licensed health care professional
87.4to prescribe, dispense, and administer the same within the expressed legal scope of the
87.5person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
87.6legend drug, without reference to a specific patient, by directing a licensed dietitian or
87.7licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
87.8subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
87.9according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
87.10protocol when treating patients whose condition falls within such guideline or protocol,
87.11and when such guideline or protocol specifies the circumstances under which the legend
87.12drug is to be prescribed and administered. An individual who verbally, electronically, or
87.13otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
87.14not be deemed to have prescribed the legend drug. This paragraph applies to a physician
87.15assistant only if the physician assistant meets the requirements of section 147A.18.
87.16(b) The commissioner of health, if a licensed practitioner, or a person designated
87.17by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
87.18individual or by protocol for mass dispensing purposes where the commissioner finds that
87.19the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
87.20The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
87.21prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
87.22to control tuberculosis and other communicable diseases. The commissioner may modify
87.23state drug labeling requirements, and medical screening criteria and documentation, where
87.24time is critical and limited labeling and screening are most likely to ensure legend drugs
87.25reach the maximum number of persons in a timely fashion so as to reduce morbidity
87.26and mortality.
87.27    (c) A licensed practitioner that dispenses for profit a legend drug that is to be
87.28administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
87.29file with the practitioner's licensing board a statement indicating that the practitioner
87.30dispenses legend drugs for profit, the general circumstances under which the practitioner
87.31dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
87.32dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
87.33with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
87.34any amount received by the practitioner in excess of the acquisition cost of a legend drug
87.35for legend drugs that are purchased in prepackaged form, or (2) any amount received
87.36by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
88.1making the drug available if the legend drug requires compounding, packaging, or other
88.2treatment. The statement filed under this paragraph is public data under section 13.03.
88.3This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
88.4pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
88.5dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
88.6To dispense for profit does not include dispensing by a community health clinic when the
88.7profit from dispensing is used to meet operating expenses.
88.8    (d) A prescription or drug order for the following drugs is not valid, unless it can
88.9be established that the prescription or drug order was based on a documented patient
88.10evaluation, including an examination, adequate to establish a diagnosis and identify
88.11underlying conditions and contraindications to treatment:
88.12    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
88.13    (2) drugs defined by the Board of Pharmacy as controlled substances under section
88.14152.02, subdivisions 7 , 8, and 12;
88.15    (3) muscle relaxants;
88.16    (4) centrally acting analgesics with opioid activity;
88.17    (5) drugs containing butalbital; or
88.18    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
88.19    (e) For the purposes of paragraph (d), the requirement for an examination shall be
88.20met if an in-person examination has been completed in any of the following circumstances:
88.21    (1) the prescribing practitioner examines the patient at the time the prescription
88.22or drug order is issued;
88.23    (2) the prescribing practitioner has performed a prior examination of the patient;
88.24    (3) another prescribing practitioner practicing within the same group or clinic as the
88.25prescribing practitioner has examined the patient;
88.26    (4) a consulting practitioner to whom the prescribing practitioner has referred the
88.27patient has examined the patient; or
88.28    (5) the referring practitioner has performed an examination in the case of a
88.29consultant practitioner issuing a prescription or drug order when providing services by
88.30means of telemedicine.
88.31    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
88.32a drug through the use of a guideline or protocol pursuant to paragraph (a).
88.33    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a
88.34prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
88.35in the Management of Sexually Transmitted Diseases guidance document issued by the
88.36United States Centers for Disease Control.
89.1    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
89.2of legend drugs through a public health clinic or other distribution mechanism approved
89.3by the commissioner of health or a board of health in order to prevent, mitigate, or treat
89.4a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
89.5biological, chemical, or radiological agent.
89.6    (i) No pharmacist employed by, under contract to, or working for a pharmacy
89.7licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
89.8prescription that the pharmacist knows, or would reasonably be expected to know, is not
89.9valid under paragraph (d).
89.10    (j) No pharmacist employed by, under contract to, or working for a pharmacy
89.11licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
89.12of this state based on a prescription that the pharmacist knows, or would reasonably be
89.13expected to know, is not valid under paragraph (d).
89.14(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
89.15practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
89.16a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
89.17treatment of a communicable disease according to the Centers For Disease Control and
89.18Prevention Partner Services Guidelines.
89.19    Subd. 2a. Delegation. A supervising physician may delegate to a physician assistant
89.20who is registered with the Board of Medical Practice and certified by the National
89.21Commission on Certification of Physician Assistants and who is under the supervising
89.22physician's supervision, the authority to prescribe, dispense, and administer legend drugs
89.23and medical devices, subject to the requirements in chapter 147A and other requirements
89.24established by the Board of Medical Practice in rules.
89.25    Subd. 3. Veterinarians. A licensed doctor of veterinary medicine, in the course of
89.26professional practice only and not for use by a human being, may personally prescribe,
89.27administer, and dispense a legend drug, and may cause the same to be administered or
89.28dispensed by an assistant under the doctor's direction and supervision.
89.29    Subd. 4. Research. (a) Any qualified person may use legend drugs in the course
89.30of a bona fide research project, but cannot administer or dispense such drugs to human
89.31beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
89.32authorized to do so.
89.33    (b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
89.34use by, or administration to, patients enrolled in a bona fide research study that is being
89.35conducted pursuant to either an investigational new drug application approved by the
90.1United States Food and Drug Administration or that has been approved by an institutional
90.2review board. For the purposes of this subdivision only:
90.3    (1) a prescription drug order is not required for a pharmacy to dispense a research
90.4drug, unless the study protocol requires the pharmacy to receive such an order;
90.5    (2) notwithstanding the prescription labeling requirements found in this chapter or
90.6the rules promulgated by the board, a research drug may be labeled as required by the
90.7study protocol; and
90.8    (3) dispensing and distribution of research drugs by pharmacies shall not be
90.9considered compounding, manufacturing, or wholesaling under this chapter.; and
90.10(4) a pharmacy may compound drugs for research studies as provided in
90.11this subdivision but must follow applicable standards established by United States
90.12Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
90.13    (c) An entity that is under contract to a federal agency for the purpose of distributing
90.14drugs for bona fide research studies is exempt from the drug wholesaler licensing
90.15requirements of this chapter. Any other entity is exempt from the drug wholesaler
90.16licensing requirements of this chapter if the board finds that the entity is licensed or
90.17registered according to the laws of the state in which it is physically located and it is
90.18distributing drugs for use by, or administration to, patients enrolled in a bona fide research
90.19study that is being conducted pursuant to either an investigational new drug application
90.20approved by the United States Food and Drug Administration or that has been approved
90.21by an institutional review board.
90.22    Subd. 5. Exclusion for course of practice. Nothing in this chapter shall prohibit
90.23the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
90.24manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
90.25bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
90.26practitioners while acting within the course of their practice only.
90.27    Subd. 6. Exclusion for course of employment. (a) Nothing in this chapter shall
90.28prohibit the possession of a legend drug by an employee, agent, or sales representative of
90.29a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
90.30or registered pharmacy, while acting in the course of employment.
90.31(b) Nothing in this chapter shall prohibit the following entities from possessing a
90.32legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
90.33(1) a law enforcement officer;
90.34(2) a hazardous waste transporter licensed by the Department of Transportation;
90.35(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
90.36hazardous waste, including household hazardous waste;
91.1(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
91.2very small quantity generator collection program or a minimal generator;
91.3(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
91.4a program in compliance with applicable federal law or a person authorized by the county
91.5to conduct one or more of these activities; or
91.6(6) a sanitary district organized under chapter 115, or a special law.
91.7    Subd. 7. Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the
91.8possession of a legend drug by a person for that person's use when it has been dispensed to
91.9the person in accordance with a valid prescription issued by a practitioner.
91.10(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
91.11been dispensed in accordance with a written or oral prescription by a practitioner, from
91.12designating a family member, caregiver, or other individual to handle the legend drug for
91.13the purpose of assisting the person in obtaining or administering the drug or sending
91.14the drug for destruction.
91.15(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
91.16been dispensed in accordance with a valid prescription issued by a practitioner from
91.17transferring the legend drug to a county that collects, stores, transports, or disposes of a
91.18legend drug pursuant to a program in compliance with applicable federal law or to a
91.19person authorized by the county to conduct one or more of these activities.
91.20    Subd. 8. Misrepresentation. It is unlawful for a person to procure, attempt to
91.21procure, possess, or control a legend drug by any of the following means:
91.22(1) deceit, misrepresentation, or subterfuge;
91.23(2) using a false name; or
91.24(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
91.25wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
91.26obtaining a legend drug.
91.27    Subd. 9. Exclusion for course of laboratory employment. Nothing in this chapter
91.28shall prohibit the possession of a legend drug by an employee or agent of a registered
91.29analytical laboratory while acting in the course of laboratory employment.
91.30    Subd. 10. Purchase of drugs and other agents by commissioner of health. The
91.31commissioner of health, in preparation for and in carrying out the duties of sections
91.32144.05 , 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis
91.33drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
91.34antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
91.35communicable disease.
92.1    Subd. 10a. Emergency use authorizations. Nothing in this chapter shall prohibit
92.2the purchase, possession, or use of a legend drug by an entity acting according to an
92.3emergency use authorization issued by the United States Food and Drug Administration
92.4pursuant to United States Code, title 21, section 360bbb-3. The entity must be specifically
92.5tasked in a public health response plan to perform critical functions necessary to support
92.6the response to a public health incident or event.
92.7    Subd. 11. Complaint reporting Exclusion for health care educational programs.
92.8The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
92.9complaints received regarding the prescription or administration of legend drugs under
92.10section 148.576. Nothing in this section shall prohibit an accredited public or private
92.11postsecondary school from possessing a legend drug that is not a controlled substance
92.12listed in section 152.02, provided that:
92.13(a) the school is approved by the United States secretary of education in accordance
92.14with requirements of the Higher Education Act of 1965, as amended;
92.15(b) the school provides a course of instruction that prepares individuals for
92.16employment in a health care occupation or profession;
92.17(c) the school may only possess those drugs necessary for the instruction of such
92.18individuals; and
92.19(d) the drugs may only be used in the course of providing such instruction and are
92.20labeled by the purchaser to indicate that they are not to be administered to patients.
92.21Those areas of the school in which legend drugs are stored are subject to section
92.22151.06, subdivision 1, paragraph (a), clause (4).

92.23    Sec. 16. Minnesota Statutes 2012, section 151.44, is amended to read:
92.24151.44 DEFINITIONS.
92.25As used in sections 151.43 to 151.51, the following terms have the meanings given
92.26in paragraphs (a) to (h):
92.27(a) "Wholesale drug distribution" means distribution of prescription or
92.28nonprescription drugs to persons other than a consumer or patient or reverse distribution
92.29of such drugs, but does not include:
92.30(1) a sale between a division, subsidiary, parent, affiliated, or related company under
92.31the common ownership and control of a corporate entity;
92.32(2) the purchase or other acquisition, by a hospital or other health care entity that is a
92.33member of a group purchasing organization, of a drug for its own use from the organization
92.34or from other hospitals or health care entities that are members of such organizations;
93.1(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
93.2drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
93.3Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
93.4organization to the extent otherwise permitted by law;
93.5(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
93.6among hospitals or other health care entities that are under common control;
93.7(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
93.8for emergency medical reasons;
93.9(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
93.10the dispensing of a drug pursuant to a prescription;
93.11(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
93.12another retail pharmacy to alleviate a temporary shortage;
93.13(8) the distribution of prescription or nonprescription drug samples by manufacturers
93.14representatives; or
93.15(9) the sale, purchase, or trade of blood and blood components.
93.16(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
93.17distribution including, but not limited to, manufacturers; repackers repackagers; own-label
93.18distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
93.19warehouses, chain drug warehouses, and wholesale drug warehouses; independent
93.20wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
93.21wholesale drug distributor does not include a common carrier or individual hired primarily
93.22to transport prescription or nonprescription drugs.
93.23(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
93.24propagating, compounding, processing, packaging, repackaging, or labeling of a
93.25prescription drug has the meaning provided in section 151.01, subdivision 14a.
93.26(d) "Prescription drug" means a drug required by federal or state law or regulation
93.27to be dispensed only by a prescription, including finished dosage forms and active
93.28ingredients subject to United States Code, title 21, sections 811 and 812.
93.29(e) "Blood" means whole blood collected from a single donor and processed either
93.30for transfusion or further manufacturing.
93.31(f) "Blood components" means that part of blood separated by physical or
93.32mechanical means.
93.33(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
93.34received from or shipped to Minnesota locations for the purpose of returning the drugs
93.35to their producers or distributors.
93.36(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

94.1    Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
94.2    Subd. 2. Definitions. For purposes of this section only, the terms defined in this
94.3subdivision have the meanings given.
94.4(a) "Automated drug distribution system" or "system" means a mechanical system
94.5approved by the board that performs operations or activities, other than compounding or
94.6administration, related to the storage, packaging, or dispensing of drugs, and collects,
94.7controls, and maintains all required transaction information and records.
94.8(b) "Health care facility" means a nursing home licensed under section 144A.02;
94.9a housing with services establishment registered under section 144D.01, subdivision 4,
94.10in which a home provider licensed under chapter 144A is providing centralized storage
94.11of medications; or a community behavioral health hospital or Minnesota sex offender
94.12program facility operated by the Department of Human Services.
94.13(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and
94.14is responsible for the operation of an automated drug distribution system.

94.15    Sec. 18. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
94.16    Subd. 3. Authorization. A pharmacy may use an automated drug distribution
94.17system to fill prescription drug orders for patients of a health care facility provided that the
94.18policies and procedures required by this section have been approved by the board. The
94.19automated drug distribution system may be located in a health care facility that is not at
94.20the same location as the managing pharmacy. When located within a health care facility,
94.21the system is considered to be an extension of the managing pharmacy.

94.22    Sec. 19. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
94.23    Subd. 5. Operation of automated drug distribution systems. (a) The managing
94.24pharmacy and the pharmacist in charge are responsible for the operation of an automated
94.25drug distribution system.
94.26(b) Access to an automated drug distribution system must be limited to pharmacy
94.27and nonpharmacy personnel authorized to procure drugs from the system, except that field
94.28service technicians may access a system located in a health care facility for the purposes of
94.29servicing and maintaining it while being monitored either by the managing pharmacy, or a
94.30licensed nurse within the health care facility. In the case of an automated drug distribution
94.31system that is not physically located within a licensed pharmacy, access for the purpose
94.32of procuring drugs shall be limited to licensed nurses. Each person authorized to access
94.33the system must be assigned an individual specific access code. Alternatively, access to
94.34the system may be controlled through the use of biometric identification procedures. A
95.1policy specifying time access parameters, including time-outs, logoffs, and lockouts,
95.2must be in place.
95.3(c) For the purposes of this section only, the requirements of section 151.215 are met
95.4if the following clauses are met:
95.5(1) a pharmacist employed by and working at the managing pharmacy, or at a
95.6pharmacy that is acting as a central services pharmacy for the managing pharmacy,
95.7pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all
95.8prescription drug orders before any drug is distributed from the system to be administered
95.9to a patient. A pharmacy technician may perform data entry of prescription drug orders
95.10provided that a pharmacist certifies the accuracy of the data entry before the drug can
95.11be released from the automated drug distribution system. A pharmacist employed by
95.12and working at the managing pharmacy must certify the accuracy of the filling of any
95.13cassettes, canisters, or other containers that contain drugs that will be loaded into the
95.14automated drug distribution system; and
95.15(2) when the automated drug dispensing system is located and used within the
95.16managing pharmacy, a pharmacist must personally supervise and take responsibility for all
95.17packaging and labeling associated with the use of an automated drug distribution system.
95.18(d) Access to drugs when a pharmacist has not reviewed and approved the
95.19prescription drug order is permitted only when a formal and written decision to allow such
95.20access is issued by the pharmacy and the therapeutics committee or its equivalent. The
95.21committee must specify the patient care circumstances in which such access is allowed,
95.22the drugs that can be accessed, and the staff that are allowed to access the drugs.
95.23(e) In the case of an automated drug distribution system that does not utilize bar
95.24coding in the loading process, the loading of a system located in a health care facility may
95.25be performed by a pharmacy technician, so long as the activity is continuously supervised,
95.26through a two-way audiovisual system by a pharmacist on duty within the managing
95.27pharmacy. In the case of an automated drug distribution system that utilizes bar coding
95.28in the loading process, the loading of a system located in a health care facility may be
95.29performed by a pharmacy technician or a licensed nurse, provided that the managing
95.30pharmacy retains an electronic record of loading activities.
95.31(f) The automated drug distribution system must be under the supervision of a
95.32pharmacist. The pharmacist is not required to be physically present at the site of the
95.33automated drug distribution system if the system is continuously monitored electronically
95.34by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
95.35board must be continuously available to address any problems detected by the monitoring
95.36or to answer questions from the staff of the health care facility. The licensed pharmacy
96.1may be the managing pharmacy or a pharmacy which is acting as a central services
96.2pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

96.3ARTICLE 6
96.4HEALTH DEPARTMENT AND PUBLIC HEALTH

96.5    Section 1. Minnesota Statutes 2012, section 62J.497, subdivision 5, is amended to read:
96.6    Subd. 5. Electronic drug prior authorization standardization and transmission.
96.7    (a) The commissioner of health, in consultation with the Minnesota e-Health Advisory
96.8Committee and the Minnesota Administrative Uniformity Committee, shall, by February
96.915, 2010, identify an outline on how best to standardize drug prior authorization request
96.10transactions between providers and group purchasers with the goal of maximizing
96.11administrative simplification and efficiency in preparation for electronic transmissions.
96.12    (b) By January 1, 2014, the Minnesota Administrative Uniformity Committee shall
96.13develop the standard companion guide by which providers and group purchasers will
96.14exchange standard drug authorization requests using electronic data interchange standards,
96.15if available, with the goal of alignment with standards that are or will potentially be used
96.16nationally.
96.17(c) No later than January 1, 2015 2016, drug prior authorization requests must be
96.18accessible and submitted by health care providers, and accepted by group purchasers,
96.19electronically through secure electronic transmissions. Facsimile shall not be considered
96.20electronic transmission.

96.21    Sec. 2. [144.1212] NOTICE TO PATIENT; MAMMOGRAM RESULTS.
96.22    Subdivision 1. Definition. For purposes of this section, "facility" has the meaning
96.23provided in United States Code, title 42, section 263b(a)(3)(A).
96.24    Subd. 2. Required notice. A facility at which a mammography examination is
96.25performed shall, if a patient is categorized by the facility as having heterogeneously
96.26dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data
96.27System established by the American College of Radiology, include in the summary of the
96.28written report that is sent to the patient, as required by the federal Mammography Quality
96.29Standards Act, United States Code, title 42, section 263b, notice that the patient has dense
96.30breast tissue, that this may make it more difficult to detect cancer on a mammogram, and
96.31that it may increase her risk of breast cancer. The following language may be used:
96.32"Your mammogram shows that your breast tissue is dense. Dense breast tissue is
96.33relatively common and is found in more than 40 percent of women. However, dense
96.34breast tissue may make it more difficult to identify precancerous lesions or cancer through
97.1a mammogram and may also be associated with an increased risk of breast cancer. This
97.2information about the results of your mammogram is given to you to raise your own
97.3awareness and to help inform your conversations with your treating clinician who has
97.4received a report of your mammogram results. Together you can decide which screening
97.5options are right for you based on your mammogram results, individual risk factors,
97.6or physical examination."

97.7    Sec. 3. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
97.8amended to read:
97.9    Subd. 2. Accreditation required. (a)(1) Except as otherwise provided in paragraph
97.10 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement
97.11from any source, including, but not limited to, the individual receiving such services
97.12and any individual or group insurance contract, plan, or policy delivered in this state,
97.13including, but not limited to, private health insurance plans, workers' compensation
97.14insurance, motor vehicle insurance, the State Employee Group Insurance Program
97.15(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
97.16which the service has been conducted and processed is licensed pursuant to sections
97.17144.50 to 144.56 or accredited by one of the following entities:
97.18(i) American College of Radiology (ACR);
97.19(ii) Intersocietal Accreditation Commission (IAC);
97.20(iii) the Joint Commission; or
97.21(iv) other relevant accreditation organization designated by the Secretary of the
97.22United States Department of Health and Human Services pursuant to United States Code,
97.23title 42, section 1395M.
97.24(2) All accreditation standards recognized under this section must include, but are
97.25not limited to:
97.26(i) provisions establishing qualifications of the physician;
97.27(ii) standards for quality control and routine performance monitoring by a medical
97.28physicist;
97.29(iii) qualifications of the technologist, including minimum standards of supervised
97.30clinical experience;
97.31(iv) guidelines for personnel and patient safety; and
97.32(v) standards for initial and ongoing quality control using clinical image review
97.33and quantitative testing.
97.34(b) Any facility that performs advanced diagnostic imaging services and is eligible
97.35to receive reimbursement for such services from any source in paragraph (a), clause (1),
98.1must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to
98.2paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
98.3imaging services in the state must obtain licensure or accreditation prior to commencing
98.4operations and must, at all times, maintain either licensure pursuant to sections 144.50 to
98.5144.56 or accreditation with an accrediting organization as provided in paragraph (a).
98.6(c) Dental clinics or offices that perform diagnostic imaging through dental cone
98.7beam computerized tomography do not need to meet the accreditation or reporting
98.8requirements in this section.
98.9EFFECTIVE DATE.This section is effective retroactively from August 1, 2013.

98.10    Sec. 4. Minnesota Statutes 2012, section 144.1501, subdivision 1, is amended to read:
98.11    Subdivision 1. Definitions. (a) For purposes of this section, the following definitions
98.12apply.
98.13(b) "Dentist" means an individual who is licensed to practice dentistry.
98.14(c) "Designated rural area" means an area defined as a small rural area or
98.15isolated rural area according to the four category classifications of the Rural Urban
98.16Commuting Area system developed for the United States Health Resources and Services
98.17Administration a city or township that is:
98.18(1) outside the seven-county metropolitan area, as defined in section 473.121,
98.19subdivision 2; and
98.20(2) has a population under 15,000.
98.21(d) "Emergency circumstances" means those conditions that make it impossible for
98.22the participant to fulfill the service commitment, including death, total and permanent
98.23disability, or temporary disability lasting more than two years.
98.24(e) "Medical resident" means an individual participating in a medical residency in
98.25family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
98.26(f) "Midlevel practitioner" means a nurse practitioner, nurse-midwife, nurse
98.27anesthetist, advanced clinical nurse specialist, or physician assistant.
98.28(g) "Nurse" means an individual who has completed training and received all
98.29licensing or certification necessary to perform duties as a licensed practical nurse or
98.30registered nurse.
98.31(h) "Nurse-midwife" means a registered nurse who has graduated from a program of
98.32study designed to prepare registered nurses for advanced practice as nurse-midwives.
98.33(i) "Nurse practitioner" means a registered nurse who has graduated from a program
98.34of study designed to prepare registered nurses for advanced practice as nurse practitioners.
98.35(j) "Pharmacist" means an individual with a valid license issued under chapter 151.
99.1(k) "Physician" means an individual who is licensed to practice medicine in the areas
99.2of family practice, internal medicine, obstetrics and gynecology, pediatrics, or psychiatry.
99.3(l) "Physician assistant" means a person licensed under chapter 147A.
99.4(m) "Qualified educational loan" means a government, commercial, or foundation
99.5loan for actual costs paid for tuition, reasonable education expenses, and reasonable living
99.6expenses related to the graduate or undergraduate education of a health care professional.
99.7(n) "Underserved urban community" means a Minnesota urban area or population
99.8included in the list of designated primary medical care health professional shortage areas
99.9(HPSAs), medically underserved areas (MUAs), or medically underserved populations
99.10(MUPs) maintained and updated by the United States Department of Health and Human
99.11Services.

99.12    Sec. 5. Minnesota Statutes 2012, section 144.414, is amended by adding a subdivision
99.13to read:
99.14    Subd. 5. Electronic cigarettes. In any indoor building owned by the state and
99.15under the direction of the commissioner of the Department of Administration, the use of
99.16an electronic cigarette, including the inhaling or exhaling of vapor from any electronic
99.17delivery device, as defined in section 609.685, subdivision 1, is prohibited in the same
99.18way the use of tobacco cigarettes is prohibited under subdivision 1.

99.19    Sec. 6. Minnesota Statutes 2012, section 144.4165, is amended to read:
99.20144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
99.21No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
99.22product, or inhale or exhale vapor from an electronic delivery device, in a public school,
99.23as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all
99.24facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
99.25leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of
99.26tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For
99.27purposes of this section, an Indian is a person who is a member of an Indian tribe as
99.28defined in section 260.755 subdivision 12.

99.29    Sec. 7. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
99.30amended to read:
99.31    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
99.32comprehensive stroke center if the hospital has been certified as a comprehensive stroke
100.1center by the joint commission or another nationally recognized accreditation entity and
100.2the hospital participates in the Minnesota stroke registry program.

100.3    Sec. 8. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
100.4amended to read:
100.5    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
100.6center if the hospital has been certified as a primary stroke center by the joint commission
100.7or another nationally recognized accreditation entity and the hospital participates in the
100.8Minnesota stroke registry program.

100.9    Sec. 9. [144.6586] NOTICE OF RIGHTS TO SEXUAL ASSAULT VICTIM.
100.10    Subdivision 1. Notice required. A hospital shall give a written notice about victim
100.11rights and available resources to a person seeking medical services in the hospital who
100.12reports to hospital staff or who evidences a sexual assault or other unwanted sexual
100.13contact or sexual penetration. The hospital shall make a good faith effort to provide
100.14this notice prior to medical treatment or the examination performed for the purpose
100.15of gathering evidence, subject to applicable federal and state laws and regulations
100.16regarding the provision of medical care, and in a manner that does not interfere with any
100.17medical screening examination or initiation of treatment necessary to stabilize a victim's
100.18emergency medical condition.
100.19    Subd. 2. Contents of notice. The commissioners of health and public safety, in
100.20consultation with sexual assault victim advocates and health care professionals, shall
100.21develop the notice required by subdivision 1. The notice must inform the victim, at a
100.22minimum, of:
100.23(1) the obligation under section 609.35 of the county where the criminal sexual
100.24conduct occurred to pay for the examination performed for the purpose of gathering
100.25evidence, that payment is not contingent on the victim reporting the criminal sexual conduct
100.26to law enforcement, and that the victim may incur expenses for treatment of injuries; and
100.27(2) the victim's rights if the crime is reported to law enforcement, including the
100.28victim's right to apply for reparations under sections 611A.51 to 611A.68, information on
100.29how to apply for reparations, and information on how to obtain an order for protection or
100.30a harassment restraining order.

100.31    Sec. 10. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 8,
100.32is amended to read:
101.1    Subd. 8. Correction orders. (a) A correction order may be issued whenever the
101.2commissioner finds upon survey or during a complaint investigation that a home care
101.3provider, a managerial official, or an employee of the provider is not in compliance with
101.4sections 144A.43 to 144A.482. The correction order shall cite the specific statute and
101.5document areas of noncompliance and the time allowed for correction.
101.6(b) The commissioner shall mail copies of any correction order within 30 calendar
101.7days after an exit survey to the last known address of the home care provider, or
101.8electronically scan the correction order and e-mail it to the last known home care provider
101.9e-mail address, within 30 calendar days after the survey exit date. A copy of each
101.10correction order and copies of any documentation supplied to the commissioner shall be
101.11kept on file by the home care provider, and public documents shall be made available for
101.12viewing by any person upon request. Copies may be kept electronically.
101.13(c) By the correction order date, the home care provider must document in the
101.14provider's records any action taken to comply with the correction order. The commissioner
101.15may request a copy of this documentation and the home care provider's action to respond
101.16to the correction order in future surveys, upon a complaint investigation, and as otherwise
101.17needed.
101.18EFFECTIVE DATE.This section is effective August 1, 2014, and for current
101.19licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

101.20    Sec. 11. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
101.21is amended to read:
101.22    Subd. 12. Reconsideration. (a) The commissioner shall make available to home
101.23care providers a correction order reconsideration process. This process may be used
101.24to challenge the correction order issued, including the level and scope described in
101.25subdivision 11, and any fine assessed. During the correction order reconsideration
101.26request, the issuance for the correction orders under reconsideration are not stayed, but
101.27the department shall post information on the Web site with the correction order that the
101.28licensee has requested a reconsideration and that the review is pending.
101.29(b) A licensed home care provider may request from the commissioner, in writing,
101.30a correction order reconsideration regarding any correction order issued to the provider.
101.31 The written request for reconsideration must be received by the commissioner within 15
101.32calendar days of the correction order receipt date. The correction order reconsideration shall
101.33not be reviewed by any surveyor, investigator, or supervisor that participated in the writing
101.34or reviewing of the correction order being disputed. The correction order reconsiderations
101.35may be conducted in person, by telephone, by another electronic form, or in writing, as
102.1determined by the commissioner. The commissioner shall respond in writing to the request
102.2from a home care provider for a correction order reconsideration within 60 days of the
102.3date the provider requests a reconsideration. The commissioner's response shall identify
102.4the commissioner's decision regarding each citation challenged by the home care provider.
102.5(c) The findings of a correction order reconsideration process shall be one or more of
102.6the following:
102.7(1) supported in full, the correction order is supported in full, with no deletion of
102.8findings to the citation;
102.9(2) supported in substance, the correction order is supported, but one or more
102.10findings are deleted or modified without any change in the citation;
102.11(3) correction order cited an incorrect home care licensing requirement, the correction
102.12order is amended by changing the correction order to the appropriate statutory reference;
102.13(4) correction order was issued under an incorrect citation, the correction order is
102.14amended to be issued under the more appropriate correction order citation;
102.15(5) the correction order is rescinded;
102.16(6) fine is amended, it is determined that the fine assigned to the correction order
102.17was applied incorrectly; or
102.18(7) the level or scope of the citation is modified based on the reconsideration.
102.19(d) If the correction order findings are changed by the commissioner, the
102.20commissioner shall update the correction order Web site.
102.21(e) This subdivision does not apply to temporary licensees.
102.22EFFECTIVE DATE.This section is effective August 1, 2014, and for current
102.23licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

102.24    Sec. 12. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
102.25is amended to read:
102.26    Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license,
102.27the home care provider shall be entitled to notice and a hearing as provided by sections
102.2814.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
102.29without a prior contested case hearing, temporarily suspend a license or prohibit delivery
102.30of services by a provider for not more than 90 days if the commissioner determines that
102.31the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
102.32as defined in section 144A.474, subdivision 11, paragraph (b), provided:
102.33(1) advance notice is given to the home care provider;
102.34(2) after notice, the home care provider fails to correct the problem;
103.1(3) the commissioner has reason to believe that other administrative remedies are not
103.2likely to be effective; and
103.3(4) there is an opportunity for a contested case hearing within the 90 30 days unless
103.4there is an extension granted by an administrative law judge pursuant to subdivision 3b.
103.5EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
103.6and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
103.7renewal.

103.8    Sec. 13. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
103.9adding a subdivision to read:
103.10    Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
103.11of a sanction under this section, other than for a temporary suspension, the commissioner
103.12shall request assignment of an administrative law judge. The commissioner's request must
103.13include a proposed date, time, and place of hearing. A hearing must be conducted by an
103.14administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
103.15within 90 calendar days of the request for assignment, unless an extension is requested by
103.16either party and granted by the administrative law judge for good cause or for purposes of
103.17discussing settlement. In no case shall one or more extensions be granted for a total of
103.18more than 90 calendar days unless there is a criminal action pending against the licensee.
103.19If, while a licensee continues to operate pending an appeal of an order for revocation,
103.20suspension, or refusal to renew a license, the commissioner identifies one or more new
103.21violations of law that meet the requirements of level 3 or 4 violations as defined in section
103.22144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
103.23temporarily suspend the license under the provisions in subdivision 3.
103.24EFFECTIVE DATE.This section is effective for appeals received on or after
103.25August 1, 2014.

103.26    Sec. 14. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
103.27adding a subdivision to read:
103.28    Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
103.29days of receipt of the license holder's timely appeal of a temporary suspension, the
103.30commissioner shall request assignment of an administrative law judge. The request must
103.31include a proposed date, time, and place of a hearing. A hearing must be conducted by an
103.32administrative law judge within 30 calendar days of the request for assignment, unless
103.33an extension is requested by either party and granted by the administrative law judge
104.1for good cause. The commissioner shall issue a notice of hearing by certified mail or
104.2personal service at least ten business days before the hearing. Certified mail to the last
104.3known address is sufficient. The scope of the hearing shall be limited solely to the issue of
104.4whether the temporary suspension should remain in effect and whether there is sufficient
104.5evidence to conclude that the licensee's actions or failure to comply with applicable laws
104.6are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
104.7(b) The administrative law judge shall issue findings of fact, conclusions, and a
104.8recommendation within ten business days from the date of hearing. The parties shall have
104.9ten calendar days to submit exceptions to the administrative law judge's report. The
104.10record shall close at the end of the ten-day period for submission of exceptions. The
104.11commissioner's final order shall be issued within ten business days from the close of the
104.12record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
104.13the commissioner shall issue a final order affirming the temporary immediate suspension
104.14within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
104.15license holder is prohibited from operation during the temporary suspension period.
104.16(c) When the final order under paragraph (b) affirms an immediate suspension, and a
104.17final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
104.18sanction, the licensee is prohibited from operation pending a final commissioner's order
104.19after the contested case hearing conducted under chapter 14.
104.20EFFECTIVE DATE.This section is effective August 1, 2014.

104.21    Sec. 15. Minnesota Statutes 2012, section 144D.065, is amended to read:
104.22144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
104.23    (a) If a housing with services establishment registered under this chapter has a special
104.24program or special care unit for residents with Alzheimer's disease or other dementias
104.25or advertises, markets, or otherwise promotes the establishment as providing services
104.26for persons with Alzheimer's disease or related disorders other dementias, whether in a
104.27segregated or general unit, the establishment's direct care staff and their supervisors must
104.28be trained in dementia care. employees of the establishment and of the establishment's
104.29arranged home care provider must meet the following training requirements:
104.30    (1) supervisors of direct-care staff must have at least eight hours of initial training on
104.31topics specified under paragraph (b) within 120 working hours of the employment start
104.32date, and must have at least two hours of training on topics related to dementia care for
104.33each 12 months of employment thereafter;
105.1    (2) direct-care employees must have completed at least eight hours of initial training
105.2on topics specified under paragraph (b) within 160 working hours of the employment start
105.3date. Until this initial training is complete, an employee must not provide direct care unless
105.4there is another employee on site who has completed the initial eight hours of training on
105.5topics related to dementia care and who can act as a resource and assist if issues arise. A
105.6trainer of the requirements under paragraph (b), or a supervisor meeting the requirements
105.7in paragraph (a), clause (1), must be available for consultation with the new employee until
105.8the training requirement is complete. Direct-care employees must have at least two hours
105.9of training on topics related to dementia for each 12 months of employment thereafter;
105.10    (3) staff who do not provide direct care, including maintenance, housekeeping, and
105.11food service staff, must have at least four hours of initial training on topics specified
105.12under paragraph (b) within 160 working hours of the employment start date, and must
105.13have at least two hours of training on topics related to dementia care for each 12 months of
105.14employment thereafter; and
105.15    (4) new employees may satisfy the initial training requirements by producing written
105.16proof of previously completed required training within the past 18 months.
105.17    (b) Areas of required training include:
105.18    (1) an explanation of Alzheimer's disease and related disorders;
105.19    (2) assistance with activities of daily living;
105.20    (3) problem solving with challenging behaviors; and
105.21    (4) communication skills.
105.22    (c) The establishment shall provide to consumers in written or electronic form a
105.23description of the training program, the categories of employees trained, the frequency
105.24of training, and the basic topics covered. This information satisfies the disclosure
105.25requirements of section 325F.72, subdivision 2, clause (4).
105.26    (d) Housing with services establishments not included in paragraph (a) that provide
105.27assisted living services under chapter 144G must meet the following training requirements:
105.28    (1) supervisors of direct-care staff must have at least four hours of initial training on
105.29topics specified under paragraph (b) within 120 working hours of the employment start
105.30date, and must have at least two hours of training on topics related to dementia care for
105.31each 12 months of employment thereafter;
105.32    (2) direct-care employees must have completed at least four hours of initial training
105.33on topics specified under paragraph (b) within 160 working hours of the employment start
105.34date. Until this initial training is complete, an employee must not provide direct care unless
105.35there is another employee on site who has completed the initial four hours of training on
105.36topics related to dementia care and who can act as a resource and assist if issues arise. A
106.1trainer of the requirements under paragraph (b) or supervisor meeting the requirements
106.2under paragraph (a), clause (1), must be available for consultation with the new employee
106.3until the training requirement is complete. Direct-care employees must have at least two
106.4hours of training on topics related to dementia for each 12 months of employment thereafter;
106.5    (3) staff who do not provide direct care, including maintenance, housekeeping, and
106.6food service staff, must have at least four hours of initial training on topics specified
106.7under paragraph (b) within 160 working hours of the employment start date, and must
106.8have at least two hours of training on topics related to dementia care for each 12 months of
106.9employment thereafter; and
106.10    (4) new employees may satisfy the initial training requirements by producing written
106.11proof of previously completed required training within the past 18 months.
106.12EFFECTIVE DATE.This section is effective January 1, 2016.

106.13    Sec. 16. [144D.10] MANAGER REQUIREMENTS.
106.14    (a) The person primarily responsible for oversight and management of a housing
106.15with services establishment, as designated by the owner of the housing with services
106.16establishment, must obtain at least 30 hours of continuing education every two years of
106.17employment as the manager in topics relevant to the operations of the housing with services
106.18establishment and the needs of its tenants. Continuing education earned to maintain a
106.19professional license, such as nursing home administrator license, nursing license, social
106.20worker license, and real estate license, can be used to complete this requirement.
106.21    (b) For managers of establishments identified in section 325F.72, this continuing
106.22education must include at least eight hours of documented training on the topics identified
106.23in section 144D.065, paragraph (b), within 160 working hours of hire, and two hours of
106.24training on these topics for each 12 months of employment thereafter.
106.25    (c) For managers of establishments not covered by section 325F.72, but who provide
106.26assisted living services under chapter 144G, this continuing education must include at
106.27least four hours of documented training on the topics identified in section 144D.065,
106.28paragraph (b), within 160 working hours of hire, and two hours of training on these topics
106.29for each 12 months of employment thereafter.
106.30    (d) A statement verifying compliance with the continuing education requirement
106.31must be included in the housing with services establishment's annual registration to the
106.32commissioner of health. The establishment must maintain records for at least three years
106.33demonstrating that the person primarily responsible for oversight and management of the
106.34establishment has attended educational programs as required by this section.
107.1    (e) New managers may satisfy the initial dementia training requirements by producing
107.2written proof of previously completed required training within the past 18 months.
107.3    (f) This section does not apply to an establishment registered under section
107.4144D.025 serving the homeless.
107.5EFFECTIVE DATE.This section is effective January 1, 2016.

107.6    Sec. 17. [144D.11] EMERGENCY PLANNING.
107.7    (a) Each registered housing with services establishment must meet the following
107.8requirements:
107.9    (1) have a written emergency disaster plan that contains a plan for evacuation,
107.10addresses elements of sheltering in-place, identifies temporary relocation sites, and details
107.11staff assignments in the event of a disaster or an emergency;
107.12    (2) post an emergency disaster plan prominently;
107.13    (3) provide building emergency exit diagrams to all tenants upon signing a lease;
107.14    (4) post emergency exit diagrams on each floor; and
107.15    (5) have a written policy and procedure regarding missing tenants.
107.16    (b) Each registered housing with services establishment must provide emergency
107.17and disaster training to all staff during the initial staff orientation and annually thereafter
107.18and must make emergency and disaster training available to all tenants annually. Staff
107.19who have not received emergency and disaster training are allowed to work only when
107.20trained staff are also working on site.
107.21    (c) Each registered housing with services location must conduct and document a fire
107.22drill or other emergency drill at least every six months. To the extent possible, drills must
107.23be coordinated with local fire departments or other community emergency resources.
107.24EFFECTIVE DATE.This section is effective January 1, 2016.

107.25    Sec. 18. Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2,
107.26is amended to read:
107.27    Subd. 2. Duties of director. The director of child sex trafficking prevention is
107.28responsible for the following:
107.29    (1) developing and providing comprehensive training on sexual exploitation of
107.30youth for social service professionals, medical professionals, public health workers, and
107.31criminal justice professionals;
108.1    (2) collecting, organizing, maintaining, and disseminating information on sexual
108.2exploitation and services across the state, including maintaining a list of resources on the
108.3Department of Health Web site;
108.4    (3) monitoring and applying for federal funding for antitrafficking efforts that may
108.5benefit victims in the state;
108.6    (4) managing grant programs established under sections 145.4716 to 145.4718;
108.7    (5) managing the request for proposals for grants for comprehensive services,
108.8including trauma-informed, culturally specific services;
108.9    (6) identifying best practices in serving sexually exploited youth, as defined in
108.10section 260C.007, subdivision 31;
108.11    (6) (7) providing oversight of and technical support to regional navigators pursuant
108.12to section 145.4717;
108.13    (7) (8) conducting a comprehensive evaluation of the statewide program for safe
108.14harbor of sexually exploited youth; and
108.15    (8) (9) developing a policy consistent with the requirements of chapter 13 for sharing
108.16data related to sexually exploited youth, as defined in section 260C.007, subdivision 31,
108.17among regional navigators and community-based advocates.

108.18    Sec. 19. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision
108.19to read:
108.20    Subd. 7a. Minority run health care professional associations. The commissioner
108.21shall award grants to minority run health care professional associations to achieve the
108.22following:
108.23(1) provide collaborative mental health services to minority residents;
108.24(2) provide collaborative, holistic, and culturally competent health care services in
108.25communities with high concentrations of minority residents; and
108.26(3) collaborate on recruitment, training, and placement of minorities with health
108.27care providers.

108.28    Sec. 20. Minnesota Statutes 2012, section 149A.92, is amended by adding a
108.29subdivision to read:
108.30    Subd. 11. Scope. Notwithstanding the requirements in section 149A.50, this section
108.31applies only to funeral establishments where human remains are present for the purpose
108.32of preparation and embalming, private viewings, visitations, services, and holding of
108.33human remains while awaiting final disposition. For the purpose of this subdivision,
109.1"private viewing" means viewing of a dead human body by persons designated in section
109.2149A.80, subdivision 2.

109.3    Sec. 21. Minnesota Statutes 2012, section 325H.05, is amended to read:
109.4325H.05 POSTED WARNING REQUIRED.
109.5(a) The facility owner or operator shall conspicuously post the warning signs
109.6 described in paragraph (b) within three feet of each tanning station. The sign must be
109.7clearly visible, not obstructed by any barrier, equipment, or other object, and must be posted
109.8so that it can be easily viewed by the consumer before energizing the tanning equipment.
109.9(b) The warning sign required in paragraph (a) shall have dimensions not less than
109.10eight inches by ten inches, and must have the following wording:
109.11"DANGER - ULTRAVIOLET RADIATION
109.12-Follow instructions.
109.13-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
109.14injury and allergic reactions. Repeated exposure may cause premature aging
109.15of the skin and skin cancer.
109.16-Wear protective eyewear.
109.17FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
109.18IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
109.19-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
109.20Consult a physician before using sunlamp or tanning equipment if you are
109.21using medications or have a history of skin problems or believe yourself to be
109.22especially sensitive to sunlight."
109.23WARNING: IF YOU TAN INDOORS FREQUENTLY, YOU SHOULD SEE A
109.24DOCTOR TO CHECK FOR SKIN CANCER. YOU SHOULD NOT TAN
109.25INDOORS IF YOU HAVE HAD SKIN CANCER OR IF YOU HAVE A
109.26FAMILY HISTORY OF SKIN CANCER.
109.27Talk to your doctor before tanning indoors if you:
109.28-are using medications
109.29-have a history of skin problems
109.30-are sensitive to sunlight
109.31Over time, exposure to ultraviolet radiation may cause premature aging and skin
109.32cancer.
109.33-Follow tanning equipment instructions.
109.34-Wear protective eyewear to avoid severe burns or long-term injury.
109.35-Do not tan if you have a rash or an open cut.
110.1-Medications and cosmetics may increase your sensitivity to ultraviolet radiation."
110.2(c) All tanning facilities must prominently display a sign in a conspicuous place,
110.3at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
110.4person under age 18 to use any tanning equipment.

110.5    Sec. 22. [325H.085] USE BY MINORS PROHIBITED.
110.6A person under age 18 may not use any type of tanning equipment as defined by
110.7section 325H.01, subdivision 6, available in a tanning facility in this state.

110.8    Sec. 23. Minnesota Statutes 2012, section 325H.09, is amended to read:
110.9325H.09 PENALTY.
110.10Any person who leases tanning equipment or who owns a tanning facility and who
110.11operates or permits the equipment or facility to be operated in noncompliance with the
110.12requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

110.13    Sec. 24. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
110.14REGISTRATION.
110.15    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
110.16have the meanings given them.
110.17(b) "Automatic external defibrillator" or "AED" means an electronic device designed
110.18and manufactured to operate automatically or semiautomatically for the purpose of
110.19delivering an electrical current to the heart of a person in sudden cardiac arrest.
110.20(c) "AED registry" means a registry of AEDs that requires a maintenance program
110.21or package, and includes, but is not limited to, the following registries: the Minnesota
110.22AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
110.23(d) "Person" means a natural person, partnership, association, corporation, or unit
110.24of government.
110.25(e) "Public access AED" means any AED that is intended, by its markings or display,
110.26to be used or accessed by the public for the benefit of the general public that may happen
110.27to be in the vicinity or location of that AED. It does not include an AED that is owned or
110.28used by a hospital, clinic, business, or organization that is intended to be used by staff and
110.29is not marked or displayed in a manner to encourage public access.
110.30(f) "Maintenance program or package" means a program that will alert the AED
110.31owner when the AED has electrodes and batteries due to expire or replaces those expiring
110.32electrodes and batteries for the AED owner.
111.1(g) "Public safety agency" means local law enforcement, county sheriff, municipal
111.2police, tribal agencies, state law enforcement, fire departments, including municipal
111.3departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
111.4and licensed ambulance services.
111.5(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
111.6in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
111.7placed in stationary storage, including, but not limited to, an AED used at an athletic event.
111.8(i) "Private use AED" means an AED that is not intended to be used or accessed by
111.9the public for the benefit of the general public. This may include, but is not limited to,
111.10AEDs found in private residences.
111.11    Subd. 2. Registration. A person who purchases or obtains a public access AED shall
111.12register that device with an AED registry within 30 working days of receiving the AED.
111.13    Subd. 3. Required information. A person registering a public access AED shall
111.14provide the following information for each AED:
111.15(1) AED manufacturer, model, and serial number;
111.16(2) specific location where the AED will be kept; and
111.17(3) the title, address, and telephone number of a person in management at the
111.18business or organization where the AED is located.
111.19    Subd. 4. Information changes. The owner of a public access AED shall notify their
111.20AED registry of any changes in the information that is required in the registration within
111.2130 working days of the change occurring.
111.22    Subd. 5. Public access AED requirements. A public access AED:
111.23(1) may be inspected during regular business hours by a public safety agency with
111.24jurisdiction over the location of the AED;
111.25(2) shall be kept in the location specified in the registration; and
111.26(3) shall be reasonably maintained, including replacement of dead batteries and
111.27pads/electrodes, and comply with all manufacturer's recall and safety notices.
111.28    Subd. 6. Removal of AED. An authorized agent of a public safety agency with
111.29jurisdiction over the location of the AED may direct the owner of a public access AED
111.30to comply with this section. Such authorized agent of a public safety agency may direct
111.31the owner of the AED to remove the AED from its public access location and to remove
111.32or cover any public signs relating to that AED if it is determined that the AED is not
111.33ready for immediate use.
111.34    Subd. 7. Private use AEDs. The owner of a private use AED is not subject to the
111.35requirements of this section but is encouraged to maintain the AED in a consistent manner.
112.1    Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the
112.2requirements of this section but is encouraged to maintain the AED in a consistent manner.
112.3    Subd. 9. Signs. A person acquiring a public use AED is encouraged but is not
112.4required to post signs bearing the universal AED symbol in order to increase the ease of
112.5access by the public to the AED in the event of an emergency. A person may not post any
112.6AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
112.7any AED signs by an authorized agent of a public safety agency.
112.8    Subd. 10. Emergency response plans. The owner of one or more public access
112.9AEDs shall develop an emergency response plan appropriate for the nature of the facility
112.10the AED is intended to serve.
112.11    Subd. 11. No civil liability. Nothing in this section shall create any civil liability on
112.12the part of an AED owner.
112.13EFFECTIVE DATE.This section is effective August 1, 2014.

112.14    Sec. 25. Minnesota Statutes 2012, section 461.12, is amended to read:
112.15461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO,
112.16TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
112.17    Subdivision 1. Authorization. A town board or the governing body of a home
112.18rule charter or statutory city may license and regulate the retail sale of tobacco and,
112.19 tobacco-related devices, and electronic delivery devices as defined in section 609.685,
112.20subdivision 1
, and nicotine and lobelia delivery products as described in section 609.6855,
112.21and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
112.22The county board shall license and regulate the sale of tobacco and, tobacco-related
112.23devices, electronic delivery devices, and nicotine and lobelia products in unorganized
112.24territory of the county except on the State Fairgrounds and in a town or a home rule charter
112.25or statutory city if the town or city does not license and regulate retail sales of tobacco
112.26sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
112.27delivery products. The State Agricultural Society shall license and regulate the sale of
112.28tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
112.29delivery products on the State Fairgrounds. Retail establishments licensed by a town or
112.30city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
112.31lobelia delivery products are not required to obtain a second license for the same location
112.32under the licensing ordinance of the county.
112.33    Subd. 2. Administrative penalties; licensees. If a licensee or employee of a
112.34licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine
113.1or lobelia delivery products to a person under the age of 18 years, or violates any other
113.2provision of this chapter, the licensee shall be charged an administrative penalty of $75.
113.3An administrative penalty of $200 must be imposed for a second violation at the same
113.4location within 24 months after the initial violation. For a third violation at the same
113.5location within 24 months after the initial violation, an administrative penalty of $250
113.6must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
113.7electronic delivery devices, or nicotine or lobelia delivery products at that location must be
113.8suspended for not less than seven days. No suspension or penalty may take effect until the
113.9licensee has received notice, served personally or by mail, of the alleged violation and an
113.10opportunity for a hearing before a person authorized by the licensing authority to conduct
113.11the hearing. A decision that a violation has occurred must be in writing.
113.12    Subd. 3. Administrative penalty; individuals. An individual who sells tobacco
113.13or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
113.14products to a person under the age of 18 years must be charged an administrative penalty
113.15of $50. No penalty may be imposed until the individual has received notice, served
113.16personally or by mail, of the alleged violation and an opportunity for a hearing before a
113.17person authorized by the licensing authority to conduct the hearing. A decision that a
113.18violation has occurred must be in writing.
113.19    Subd. 4. Minors. The licensing authority shall consult with interested educators,
113.20parents, children, and representatives of the court system to develop alternative penalties
113.21for minors who purchase, possess, and consume tobacco or, tobacco-related devices,
113.22electronic delivery devices, or nicotine or lobelia delivery products. The licensing
113.23authority and the interested persons shall consider a variety of options, including, but
113.24not limited to, tobacco free education programs, notice to schools, parents, community
113.25service, and other court diversion programs.
113.26    Subd. 5. Compliance checks. A licensing authority shall conduct unannounced
113.27compliance checks at least once each calendar year at each location where tobacco is,
113.28tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
113.29are sold to test compliance with section sections 609.685 and 609.6855. Compliance
113.30checks must involve minors over the age of 15, but under the age of 18, who, with the prior
113.31written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related
113.32devices, electronic delivery devices, or nicotine or lobelia delivery products under the
113.33direct supervision of a law enforcement officer or an employee of the licensing authority.
113.34    Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco
113.35or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
113.36products to a person under the age of 18 years in violation of subdivision 2 or 3 that the
114.1licensee or individual making the sale relied in good faith upon proof of age as described
114.2in section 340A.503, subdivision 6.
114.3    Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision
114.42 or 3 may have the decision reviewed in the district court in the same manner and
114.5procedure as provided in section 462.361.
114.6    Subd. 8. Notice to commissioner. The licensing authority under this section shall,
114.7within 30 days of the issuance of a license, inform the commissioner of revenue of the
114.8licensee's name, address, trade name, and the effective and expiration dates of the license.
114.9The commissioner of revenue must also be informed of a license renewal, transfer,
114.10cancellation, suspension, or revocation during the license period.

114.11    Sec. 26. Minnesota Statutes 2012, section 461.18, is amended to read:
114.12461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
114.13    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
114.14tobacco or tobacco-related devices, or electronic delivery devices as defined in section
114.15609.685, subdivision 1 , or nicotine or lobelia delivery products as described in section
114.16609.6855, in open displays which are accessible to the public without the intervention
114.17of a store employee.
114.18(b) [Expired August 28, 1997]
114.19(c) [Expired]
114.20(d) This subdivision shall not apply to retail stores which derive at least 90 percent
114.21of their revenue from tobacco and tobacco-related products devices and where the retailer
114.22ensures that no person younger than 18 years of age is present, or permitted to enter, at
114.23any time.
114.24    Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products,
114.25electronic delivery devices, or nicotine or lobelia delivery products from vending
114.26machines. This subdivision does not apply to vending machines in facilities that cannot be
114.27entered at any time by persons younger than 18 years of age.
114.28    Subd. 3. Federal regulations for cartons, multipacks. Code of Federal
114.29Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
114.30and other multipack units.

114.31    Sec. 27. Minnesota Statutes 2012, section 461.19, is amended to read:
114.32461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
114.33Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
114.34restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery
115.1devices, and nicotine and lobelia products. A governing body shall give notice of its
115.2intention to consider adoption or substantial amendment of any local ordinance required
115.3under section 461.12 or permitted under this section. The governing body shall take
115.4reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
115.5known address of each licensee or person required to hold a license under section 461.12.
115.6The notice shall state the time, place, and date of the meeting and the subject matter of
115.7the proposed ordinance.

115.8    Sec. 28. [461.20] SALE OF ELECTRONIC DELIVERY DEVICE; PACKAGING.
115.9(a) For purposes of this section, "child-resistant packaging" is defined as set forth in
115.10Code of Federal Regulations, title 16, section 1700.15(b)(1), as in effect on the effective
115.11date of this act, when tested in accordance with the method described in Code of Federal
115.12Regulations, title 16, section 1700.20, as in effect on the effective date of this act.
115.13(b) The sale of any liquid, whether or not such liquid contains nicotine, that is
115.14intended for human consumption and use in an electronic delivery device, as defined in
115.15section 609.685, subdivision 1, that is not contained in packaging that is child-resistant, is
115.16prohibited. All licensees under this chapter must ensure that any liquid intended for human
115.17consumption and use in an electronic delivery device is sold in child-resistant packaging.
115.18(c) A licensee that fails to comply with this section is subject to administrative
115.19penalties under section 461.12, subdivision 2.
115.20(d) This section shall not apply to any liquid, whether or not such liquid contains
115.21nicotine, that is intended for human consumption and use in an electronic delivery device
115.22or nicotine or lobelia delivery product where the liquid is contained in a prefilled, sealed
115.23cartridge that is sold, marketed, or intended for use in an electronic delivery device or
115.24nicotine or lobelia delivery product, provided that such cartridge is prefilled and sealed by
115.25the manufacturer, and not intended to be opened by the consumer.
115.26EFFECTIVE DATE.This section is effective January 1, 2015.

115.27    Sec. 29. [461.21] KIOSK SALES PROHIBITED.
115.28No person shall sell tobacco, tobacco-related devices, or electronic delivery devices
115.29as defined in section 609.685, subdivision 1, or nicotine or lobelia delivery products as
115.30described in section 609.6855, from a moveable place of business. For the purposes of this
115.31section, a moveable place of business means any retail business whose physical location is
115.32not permanent, including, but not limited to, any retail business that is operated from a
115.33kiosk, other transportable structure, or a motorized or nonmotorized vehicle.

116.1    Sec. 30. Minnesota Statutes 2012, section 609.685, is amended to read:
116.2609.685 SALE OF TOBACCO TO CHILDREN.
116.3    Subdivision 1. Definitions. For the purposes of this section, the following terms
116.4shall have the meanings respectively ascribed to them in this section.
116.5(a) "Tobacco" means cigarettes and any product containing, made, or derived from
116.6tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
116.7dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
116.8part, or accessory of a tobacco product; including but not limited to cigars; cheroots;
116.9stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
116.10snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
116.11shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
116.12forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
116.13United States Food and Drug Administration for sale as a tobacco-cessation product, as a
116.14tobacco-dependence product, or for other medical purposes, and is being marketed and
116.15sold solely for such an approved purpose.
116.16(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
116.17other devices intentionally designed or intended to be used in a manner which enables
116.18the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
116.19Tobacco-related devices include components of tobacco-related devices which may be
116.20marketed or sold separately.
116.21(c) "Electronic delivery device" means any product containing or delivering nicotine,
116.22lobelia, or any other substance intended for human consumption that can be used by a
116.23person to simulate smoking in the delivery of nicotine or any other substance through
116.24inhalation of vapor from the product. Electronic delivery device includes any component
116.25part of a product, whether or not marketed or sold separately. Electronic delivery device
116.26does not include any product that has been approved or certified by the United States Food
116.27and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
116.28product, or for other medical purposes, and is marketed and sold for such an approved
116.29purpose.
116.30    Subd. 1a. Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or
116.31electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor
116.32for the first violation. Whoever violates this subdivision a subsequent time within five
116.33years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
116.34(b) It is an affirmative defense to a charge under this subdivision if the defendant
116.35proves by a preponderance of the evidence that the defendant reasonably and in good faith
116.36relied on proof of age as described in section 340A.503, subdivision 6.
117.1    Subd. 2. Other offenses. (a) Whoever furnishes tobacco or, tobacco-related
117.2devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
117.3misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
117.4guilty of a gross misdemeanor.
117.5(b) A person under the age of 18 years who purchases or attempts to purchase
117.6tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's
117.7license, permit, Minnesota identification card, or any type of false identification to
117.8misrepresent the person's age, is guilty of a misdemeanor.
117.9    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2,
117.10whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
117.11purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery
117.12devices and is under the age of 18 years is guilty of a petty misdemeanor.
117.13    Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede
117.14or preclude the continuation or adoption of any local ordinance which provides for more
117.15stringent regulation of the subject matter in subdivisions 1 to 3.
117.16    Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish
117.17tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
117.18traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
117.19is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
117.20(b) The penalties in this section do not apply to a person under the age of 18 years
117.21who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic
117.22delivery devices while under the direct supervision of a responsible adult for training,
117.23education, research, or enforcement purposes.
117.24    Subd. 6. Seizure of false identification. A retailer may seize a form of identification
117.25listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe
117.26that the form of identification has been altered or falsified or is being used to violate any
117.27law. A retailer that seizes a form of identification as authorized under this subdivision
117.28shall deliver it to a law enforcement agency within 24 hours of seizing it.

117.29    Sec. 31. Minnesota Statutes 2012, section 609.6855, is amended to read:
117.30609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
117.31    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
117.3218 years a product containing or delivering nicotine or lobelia intended for human
117.33consumption, or any part of such a product, that is not tobacco or an electronic delivery
117.34device as defined by section 609.685, is guilty of a misdemeanor for the first violation.
118.1Whoever violates this subdivision a subsequent time within five years of a previous
118.2conviction under this subdivision is guilty of a gross misdemeanor.
118.3(b) It is an affirmative defense to a charge under this subdivision if the defendant
118.4proves by a preponderance of the evidence that the defendant reasonably and in good faith
118.5relied on proof of age as described in section 340A.503, subdivision 6.
118.6(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
118.7lobelia intended for human consumption, or any part of such a product, that is not tobacco
118.8 or an electronic delivery device as defined by section 609.685, may be sold to persons
118.9under the age of 18 if the product has been approved or otherwise certified for legal sale
118.10by the United States Food and Drug Administration for tobacco use cessation, harm
118.11reduction, or for other medical purposes, and is being marketed and sold solely for that
118.12approved purpose.
118.13    Subd. 2. Other offense. A person under the age of 18 years who purchases or
118.14attempts to purchase a product containing or delivering nicotine or lobelia intended for
118.15human consumption, or any part of such a product, that is not tobacco or an electronic
118.16delivery device as defined by section 609.685, and who uses a driver's license, permit,
118.17Minnesota identification card, or any type of false identification to misrepresent the
118.18person's age, is guilty of a misdemeanor.
118.19    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
118.202, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
118.21a product containing or delivering nicotine or lobelia intended for human consumption, or
118.22any part of such a product, that is not tobacco or an electronic delivery device as defined
118.23by section 609.685, is guilty of a petty misdemeanor.

118.24    Sec. 32. EVALUATION AND REPORTING REQUIREMENTS.
118.25    (a) The commissioner of health shall consult with the Alzheimer's Association,
118.26Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term
118.27care, Minnesota Home Care Association, and other stakeholders to evaluate the following:
118.28    (1) whether additional settings, provider types, licensed and unlicensed personnel, or
118.29health care services regulated by the commissioner should be required to comply with the
118.30training requirements in Minnesota Statutes, sections 144D.065, 144D.10, and 144D.11;
118.31    (2) cost implications for the groups or individuals identified in clause (1) to comply
118.32with the training requirements;
118.33    (3) dementia education options available;
118.34    (4) existing dementia training mandates under federal and state statutes and rules; and
119.1    (5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
119.2144D.11, and methods to determine compliance with the training requirements.
119.3    (b) The commissioner shall report the evaluation to the chairs of the health and
119.4human services committees of the legislature no later than February 15, 2015, along with
119.5any recommendations for legislative changes.

119.6    Sec. 33. DIRECTION TO COMMISSIONER; TRICLOSAN HEALTH RISKS.
119.7The commissioner of health shall develop recommendations on ways to minimize
119.8triclosan health risks.

119.9    Sec. 34. FOREIGN-TRAINED PHYSICIAN TASK FORCE.
119.10(a) The commissioner of health shall appoint members to an advisory task force by
119.11July 1, 2014, to develop strategies to integrate refugee and asylee physicians into the
119.12Minnesota health care delivery system. The task force shall:
119.13(1) analyze demographic information of current medical providers compared to the
119.14population of the state;
119.15(2) identify, to the extent possible, foreign-trained physicians living in Minnesota
119.16who are refugees or asylees and interested in meeting the requirements to enter medical
119.17practice or other health careers;
119.18(3) identify costs and barriers associated with integrating foreign-trained physicians
119.19into the state workforce;
119.20(4) explore alternative roles and professions for foreign-trained physicians who are
119.21unable to practice as physicians in the Minnesota health care system; and
119.22(5) identify possible funding sources to integrate foreign-trained physicians into the
119.23state workforce as physicians or other health professionals.
119.24(b) The commissioner shall provide assistance to the task force, within available
119.25resources.
119.26(c) By January 15, 2015, the task force must submit recommendations to the
119.27commissioner of health. The commissioner shall report findings and recommendations to
119.28the legislative committees with jurisdiction over health care by January 15, 2015.

119.29    Sec. 35. REPEALER.
119.30 Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.

120.1ARTICLE 7
120.2LOCAL PUBLIC HEALTH SYSTEM

120.3    Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a
120.4subdivision to read:
120.5    Subd. 1a. Areas of public health responsibility. "Areas of public health
120.6responsibility" means:
120.7(1) assuring an adequate local public health infrastructure;
120.8(2) promoting healthy communities and healthy behaviors;
120.9(3) preventing the spread of communicable disease;
120.10(4) protecting against environmental health hazards;
120.11(5) preparing for and responding to emergencies; and
120.12(6) assuring health services.

120.13    Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
120.14    Subd. 5. Community health board. "Community health board" means a board of
120.15health established, operating, and eligible for a the governing body for local public health
120.16grant under sections 145A.09 to 145A.131. in Minnesota. The community health board
120.17may be comprised of a single county, multiple contiguous counties, or in a limited number
120.18of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
120.19responsibilities and authority under this chapter.

120.20    Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
120.21to read:
120.22    Subd. 6a. Community health services administrator. "Community health services
120.23administrator" means a person who meets personnel standards for the position established
120.24under section 145A.06, subdivision 3b, and is working under a written agreement with,
120.25employed by, or under contract with a community health board to provide public health
120.26leadership and to discharge the administrative and program responsibilities on behalf of
120.27the board.

120.28    Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
120.29to read:
120.30    Subd. 8a. Local health department. "Local health department" means an
120.31operational entity that is responsible for the administration and implementation of
121.1programs and services to address the areas of public health responsibility. It is governed
121.2by a community health board.

121.3    Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
121.4to read:
121.5    Subd. 8b. Essential public health services. "Essential public health services"
121.6means the public health activities that all communities should undertake. These services
121.7serve as the framework for the National Public Health Performance Standards. In
121.8Minnesota they refer to activities that are conducted to accomplish the areas of public
121.9health responsibility. The ten essential public health services are to:
121.10(1) monitor health status to identify and solve community health problems;
121.11(2) diagnose and investigate health problems and health hazards in the community;
121.12(3) inform, educate, and empower people about health issues;
121.13(4) mobilize community partnerships and action to identify and solve health
121.14problems;
121.15(5) develop policies and plans that support individual and community health efforts;
121.16(6) enforce laws and regulations that protect health and ensure safety;
121.17(7) link people to needed personal health services and assure the provision of health
121.18care when otherwise unavailable;
121.19(8) maintain a competent public health workforce;
121.20(9) evaluate the effectiveness, accessibility, and quality of personal and
121.21population-based health services; and
121.22(10) contribute to research seeking new insights and innovative solutions to health
121.23problems.

121.24    Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
121.25    Subd. 15. Medical consultant. "Medical consultant" means a physician licensed
121.26to practice medicine in Minnesota who is working under a written agreement with,
121.27employed by, or on contract with a community health board of health to provide advice
121.28and information, to authorize medical procedures through standing orders protocols, and
121.29to assist a community health board of health and its staff in coordinating their activities
121.30with local medical practitioners and health care institutions.

121.31    Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
121.32to read:
122.1    Subd. 15a. Performance management. "Performance management" means the
122.2systematic process of using data for decision making by identifying outcomes and
122.3standards; measuring, monitoring, and communicating progress; and engaging in quality
122.4improvement activities in order to achieve desired outcomes.

122.5    Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
122.6to read:
122.7    Subd. 15b. Performance measures. "Performance measures" means quantitative
122.8ways to define and measure performance.

122.9    Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
122.10    Subdivision 1. Establishment; assignment of responsibilities. (a) The governing
122.11body of a city or county must undertake the responsibilities of a community health board
122.12of health or establish a board of health by establishing or joining a community health
122.13board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of
122.14a board of health specified under section 145A.04.
122.15(b) A city council may ask a county or joint powers board of health to undertake
122.16the responsibilities of a board of health for the city's jurisdiction. A community health
122.17board must include within its jurisdiction a population of 30,000 or more persons or be
122.18composed of three or more contiguous counties.
122.19(c) A county board or city council within the jurisdiction of a community health
122.20board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
122.21 community health board except as specified in section 145A.10, subdivision 2 145A.131.
122.22(d) A county board or a joint powers board that establishes a community health
122.23board and has or establishes an operational human services board under chapter 402 may
122.24assign the powers and duties of a community health board to a human services board.
122.25Eligibility for funding from the commissioner will be maintained if all requirements of
122.26sections 145A.03 and 145A.04 are met.
122.27(e) Community health boards established prior to January 1, 2014, including city
122.28community health boards, are eligible to maintain their status as community health boards
122.29as outlined in this subdivision.
122.30(f) A community health board may authorize, by resolution, the community
122.31health service administrator or other designated agent or agents to act on behalf of the
122.32community health board.

122.33    Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
123.1    Subd. 2. Joint powers community health board of health. Except as preempted
123.2under section 145A.10, subdivision 2, A county may establish a joint community health
123.3board of health by agreement with one or more contiguous counties, or a an existing city
123.4community health board may establish a joint community health board of health with one
123.5or more contiguous cities in the same county, or a city may establish a joint board of health
123.6with the existing city community health boards in the same county or counties within in
123.7 which it is located. The agreements must be established according to section 471.59.

123.8    Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
123.9    Subd. 4. Membership; duties of chair. A community health board of health must
123.10have at least five members, one of whom must be elected by the members as chair and one
123.11as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
123.12of the community health board of health and sign or authorize an agent to sign contracts and
123.13other documents requiring signature on behalf of the community health board of health.

123.14    Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
123.15    Subd. 5. Meetings. A community health board of health must hold meetings at least
123.16twice a year and as determined by its rules of procedure. The board must adopt written
123.17procedures for transacting business and must keep a public record of its transactions,
123.18findings, and determinations. Members may receive a per diem plus travel and other
123.19eligible expenses while engaged in official duties.

123.20    Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a
123.21subdivision to read:
123.22    Subd. 7. Community health board; eligibility for funding. A community health
123.23board that meets the requirements of this section is eligible to receive the local public
123.24health grant under section 145A.131 and for other funds that the commissioner grants to
123.25community health boards to carry out public health activities.

123.26    Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
123.2743, section 21, is amended to read:
123.28145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF
123.29HEALTH.
123.30    Subdivision 1. Jurisdiction; enforcement. (a) A county or multicounty community
123.31health board of health has the powers and duties of a board of health for all territory within
123.32its jurisdiction not under the jurisdiction of a city board of health. Under the general
124.1supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
124.2pertaining to the powers and duties of a board of health within its jurisdictional area
124.3 general responsibility for development and maintenance of a system of community health
124.4services under local administration and within a system of state guidelines and standards.
124.5(b) Under the general supervision of the commissioner, the community health board
124.6shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
124.7powers and duties within its jurisdictional area. In the case of a multicounty or city
124.8community health board, the joint powers agreement under section 145A.03, subdivision
124.92, or delegation agreement under section 145A.07 shall clearly specify enforcement
124.10authorities.
124.11(c) A member of a community health board may not withdraw from a joint powers
124.12community health board during the first two calendar years following the effective
124.13date of the initial joint powers agreement. The withdrawing member must notify the
124.14commissioner and the other parties to the agreement at least one year before the beginning
124.15of the calendar year in which withdrawal takes effect.
124.16(d) The withdrawal of a county or city from a community health board does not
124.17affect the eligibility for the local public health grant of any remaining county or city for
124.18one calendar year following the effective date of withdrawal.
124.19(e) The local public health grant for a county or city that chooses to withdraw from
124.20a multicounty community health board shall be reduced by the amount of the local
124.21partnership incentive.
124.22    Subd. 1a. Duties. Consistent with the guidelines and standards established under
124.23section 145A.06, the community health board shall:
124.24(1) identify local public health priorities and implement activities to address the
124.25priorities and the areas of public health responsibility, which include:
124.26(i) assuring an adequate local public health infrastructure by maintaining the basic
124.27foundational capacities to a well-functioning public health system that includes data
124.28analysis and utilization; health planning; partnership development and community
124.29mobilization; policy development, analysis, and decision support; communication; and
124.30public health research, evaluation, and quality improvement;
124.31(ii) promoting healthy communities and healthy behavior through activities
124.32that improve health in a population, such as investing in healthy families; engaging
124.33communities to change policies, systems, or environments to promote positive health or
124.34prevent adverse health; providing information and education about healthy communities
124.35or population health status; and addressing issues of health equity, health disparities, and
124.36the social determinants to health;
125.1(iii) preventing the spread of communicable disease by preventing diseases that are
125.2caused by infectious agents through detecting acute infectious diseases, ensuring the
125.3reporting of infectious diseases, preventing the transmission of infectious diseases, and
125.4implementing control measures during infectious disease outbreaks;
125.5(iv) protecting against environmental health hazards by addressing aspects of the
125.6environment that pose risks to human health, such as monitoring air and water quality;
125.7developing policies and programs to reduce exposure to environmental health risks and
125.8promote healthy environments; and identifying and mitigating environmental risks such as
125.9food and waterborne diseases, radiation, occupational health hazards, and public health
125.10nuisances;
125.11(v) preparing and responding to emergencies by engaging in activities that prepare
125.12public health departments to respond to events and incidents and assist communities in
125.13recovery, such as providing leadership for public health preparedness activities with
125.14a community; developing, exercising, and periodically reviewing response plans for
125.15public health threats; and developing and maintaining a system of public health workforce
125.16readiness, deployment, and response; and
125.17(vi) assuring health services by engaging in activities such as assessing the
125.18availability of health-related services and health care providers in local communities,
125.19identifying gaps and barriers in services; convening community partners to improve
125.20community health systems; and providing services identified as priorities by the local
125.21assessment and planning process; and
125.22(2) submit to the commissioner of health, at least every five years, a community
125.23health assessment and community health improvement plan, which shall be developed
125.24with input from the community and take into consideration the statewide outcomes, the
125.25areas of responsibility, and essential public health services;
125.26(3) implement a performance management process in order to achieve desired
125.27outcomes; and
125.28(4) annually report to the commissioner on a set of performance measures and be
125.29prepared to provide documentation of ability to meet the performance measures.
125.30    Subd. 2. Appointment of agent community health service (CHS) administrator.
125.31A community health board of health must appoint, employ, or contract with a person or
125.32persons CHS administrator to act on its behalf. The board shall notify the commissioner
125.33of the agent's name, address, and phone number where the agent may be reached between
125.34board meetings CHS administrator's contact information and submit a copy of the
125.35resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
126.1 The resolution must specify the types of action or actions that the CHS administrator is
126.2authorized to take on behalf of the board.
126.3    Subd. 2a. Appointment of medical consultant. The community health board shall
126.4appoint, employ, or contract with a medical consultant to ensure appropriate medical
126.5advice and direction for the community health board and assist the board and its staff in
126.6the coordination of community health services with local medical care and other health
126.7services.
126.8    Subd. 3. Employment; medical consultant employees. (a) A community health
126.9board of health may establish a health department or other administrative agency and may
126.10employ persons as necessary to carry out its duties.
126.11(b) Except where prohibited by law, employees of the community health board
126.12of health may act as its agents.
126.13(c) Employees of the board of health are subject to any personnel administration
126.14rules adopted by a city council or county board forming the board of health unless the
126.15employees of the board are within the scope of a statewide personnel administration
126.16system. Persons employed by a county, city, or the state whose functions and duties are
126.17assumed by a community health board shall become employees of the board without
126.18loss in benefits, salaries, or rights.
126.19(d) The board of health may appoint, employ, or contract with a medical consultant
126.20to receive appropriate medical advice and direction.
126.21    Subd. 4. Acquisition of property; request for and acceptance of funds;
126.22collection of fees. (a) A community health board of health may acquire and hold in the
126.23name of the county or city the lands, buildings, and equipment necessary for the purposes
126.24of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
126.25purchase, lease, or transfer of custodial control.
126.26(b) A community health board of health may accept gifts, grants, and subsidies from
126.27any lawful source, apply for and accept state and federal funds, and request and accept
126.28local tax funds.
126.29(c) A community health board of health may establish and collect reasonable fees
126.30for performing its duties and providing community health services.
126.31(d) With the exception of licensing and inspection activities, access to community
126.32health services provided by or on contract with the community health board of health must
126.33not be denied to an individual or family because of inability to pay.
126.34    Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid
126.35unnecessary duplication, and gain cost advantages, a community health board of health
126.36 may contract to provide, receive, or ensure provision of services.
127.1    Subd. 6. Investigation; reporting and control of communicable diseases. A
127.2community health board of health shall make investigations, or coordinate with any
127.3county board or city council within its jurisdiction to make investigations and reports and
127.4obey instructions on the control of communicable diseases as the commissioner may
127.5direct under section 144.12, 145A.06, subdivision 2, or 145A.07. Community health
127.6boards of healthmust cooperate so far as practicable to act together to prevent and control
127.7epidemic diseases.
127.8    Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A community
127.9health board of health receiving funding for emergency preparedness or pandemic
127.10influenza planning from the state or from the United States Department of Health and
127.11Human Services shall participate in planning for emergency use of volunteer health
127.12professionals through the Minnesota Responds Medical Reserve Corps program of the
127.13Department of Health. A community health board of health shall collaborate on volunteer
127.14planning with other public and private partners, including but not limited to local or
127.15regional health care providers, emergency medical services, hospitals, tribal governments,
127.16state and local emergency management, and local disaster relief organizations.
127.17    Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A
127.18community health board of health, county, or city participating in the Minnesota Responds
127.19Medical Reserve Corps program may enter into written mutual aid agreements for
127.20deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
127.21volunteers with other community health boards of health, other political subdivisions
127.22within the state, or with tribal governments within the state. A community health board
127.23of health may also enter into agreements with the Indian Health Services of the United
127.24States Department of Health and Human Services, and with boards of health, political
127.25subdivisions, and tribal governments in bordering states and Canadian provinces.
127.26    Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When
127.27a community health board of health, county, or city finds that the prevention, mitigation,
127.28response to, or recovery from an actual or threatened public health event or emergency
127.29exceeds its local capacity, it shall use available mutual aid agreements. If the event or
127.30emergency exceeds mutual aid capacities, a community health board of health, county, or
127.31city may request the commissioner of health to mobilize Minnesota Responds Medical
127.32Reserve Corps volunteers from outside the jurisdiction of the community health board
127.33of health, county, or city.
127.34    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage.
127.35A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
127.36training or assistance at the call of a community health board of health, county, or city
128.1 must be deemed an employee of the jurisdiction for purposes of workers' compensation,
128.2tort claim defense, and indemnification.
128.3    Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a
128.4member or agent of a community health board of health, county, or city may enter a
128.5building, conveyance, or place where contagion, infection, filth, or other source or cause
128.6of preventable disease exists or is reasonably suspected.
128.7    Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the
128.8public health such as a public health nuisance, source of filth, or cause of sickness is found
128.9on any property, the community health board of health, county, city, or its agent shall order
128.10the owner or occupant of the property to remove or abate the threat within a time specified
128.11in the notice but not longer than ten days. Action to recover costs of enforcement under
128.12this subdivision must be taken as prescribed in section 145A.08.
128.13(b) Notice for abatement or removal must be served on the owner, occupant, or agent
128.14of the property in one of the following ways:
128.15(1) by registered or certified mail;
128.16(2) by an officer authorized to serve a warrant; or
128.17(3) by a person aged 18 years or older who is not reasonably believed to be a party to
128.18any action arising from the notice.
128.19(c) If the owner of the property is unknown or absent and has no known representative
128.20upon whom notice can be served, the community health board of health, county, or city,
128.21 or its agent, shall post a written or printed notice on the property stating that, unless the
128.22threat to the public health is abated or removed within a period not longer than ten days,
128.23the community health board, county, or city will have the threat abated or removed at the
128.24expense of the owner under section 145A.08 or other applicable state or local law.
128.25(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
128.26of the notice provided under paragraphs (b) and (c), then the community health board of
128.27health, county, city, or its a designated agent of the board, county, or city shall remove or
128.28abate the nuisance, source of filth, or cause of sickness described in the notice from the
128.29property.
128.30    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
128.31community health board of health, county, or city may bring an action in the court of
128.32appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
128.33has power to enforce, or to enjoin as a public health nuisance any activity or failure to
128.34act that adversely affects the public health.
128.35    Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor
128.36deliberately to deliberately hinder a member of a community health board of health,
129.1county or city, or its agent from entering a building, conveyance, or place where contagion,
129.2infection, filth, or other source or cause of preventable disease exists or is reasonably
129.3suspected, or otherwise to interfere with the performance of the duties of the board of
129.4health responsible jurisdiction.
129.5    Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for
129.6a member or agent of a community health board of health, county, or city to refuse or
129.7neglect to perform a duty imposed on a board of health an applicable jurisdiction by
129.8statute or ordinance.
129.9    Subd. 12. Other powers and duties established by law. This section does not limit
129.10powers and duties of a community health board of health, county, or city prescribed in
129.11other sections.
129.12    Subd. 13. Recommended legislation. The community health board may recommend
129.13local ordinances pertaining to community health services to any county board or city
129.14council within its jurisdiction and advise the commissioner on matters relating to public
129.15health that require assistance from the state, or that may be of more than local interest.
129.16    Subd. 14. Equal access to services. The community health board must ensure that
129.17community health services are accessible to all persons on the basis of need. No one shall
129.18be denied services because of race, color, sex, age, language, religion, nationality, inability
129.19to pay, political persuasion, or place of residence.
129.20    Subd. 15. State and local advisory committees. (a) A state community
129.21health services advisory committee is established to advise, consult with, and make
129.22recommendations to the commissioner on the development, maintenance, funding, and
129.23evaluation of local public health services. Each community health board may appoint a
129.24member to serve on the committee. The committee must meet at least quarterly, and
129.25special meetings may be called by the committee chair or a majority of the members.
129.26Members or their alternates may be reimbursed for travel and other necessary expenses
129.27while engaged in their official duties.
129.28(b) Notwithstanding section 15.059, the State Community Health Services Advisory
129.29Committee does not expire.
129.30(c) The city boards or county boards that have established or are members of a
129.31community health board may appoint a community health advisory to advise, consult
129.32with, and make recommendations to the community health board on the duties under
129.33subdivision 1a.

129.34    Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
130.1    Subd. 2. Animal control. In addition to powers under sections 35.67 to 35.69, a
130.2county board, city council, or municipality may adopt ordinances to issue licenses or
130.3otherwise regulate the keeping of animals, to restrain animals from running at large, to
130.4authorize the impounding and sale or summary destruction of animals, and to establish
130.5pounds.

130.6    Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
130.7    Subd. 2. Supervision of local enforcement. (a) In the absence of provision for a
130.8community health board of health, the commissioner may appoint three or more persons
130.9to act as a board until one is established. The commissioner may fix their compensation,
130.10which the county or city must pay.
130.11(b) The commissioner by written order may require any two or more community
130.12health boards of health, counties, or cities to act together to prevent or control epidemic
130.13diseases.
130.14(c) If a community health board, county, or city fails to comply with section 145A.04,
130.15subdivision 6
, the commissioner may employ medical and other help necessary to control
130.16communicable disease at the expense of the board of health jurisdiction involved.
130.17(d) If the commissioner has reason to believe that the provisions of this chapter have
130.18been violated, the commissioner shall inform the attorney general and submit information
130.19to support the belief. The attorney general shall institute proceedings to enforce the
130.20provisions of this chapter or shall direct the county attorney to institute proceedings.

130.21    Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a
130.22subdivision to read:
130.23    Subd. 3a. Assistance to community health boards. The commissioner shall help
130.24and advise community health boards that ask for assistance in developing, administering,
130.25and carrying out public health services and programs. This assistance may consist of,
130.26but is not limited to:
130.27(1) informational resources, consultation, and training to assist community health
130.28boards plan, develop, integrate, provide, and evaluate community health services; and
130.29(2) administrative and program guidelines and standards developed with the advice
130.30of the State Community Health Services Advisory Committee.

130.31    Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a
130.32subdivision to read:
131.1    Subd. 3b. Personnel standards. In accordance with chapter 14, and in consultation
131.2with the State Community Health Services Advisory Committee, the commissioner
131.3may adopt rules to set standards for administrative and program personnel to ensure
131.4competence in administration and planning.

131.5    Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
131.6    Subd. 5. Deadly infectious diseases. The commissioner shall promote measures
131.7aimed at preventing businesses from facilitating sexual practices that transmit deadly
131.8infectious diseases by providing technical advice to community health boards of health
131.9 to assist them in regulating these practices or closing establishments that constitute
131.10a public health nuisance.

131.11    Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a
131.12subdivision to read:
131.13    Subd. 5a. System-level performance management. To improve public health
131.14and ensure the integrity and accountability of the statewide local public health system,
131.15the commissioner, in consultation with the State Community Health Services Advisory
131.16Committee, shall develop performance measures and implement a process to monitor
131.17statewide outcomes and performance improvement.

131.18    Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
131.19    Subd. 6. Health volunteer program. (a) The commissioner may accept grants from
131.20the United States Department of Health and Human Services for the emergency system
131.21for the advanced registration of volunteer health professionals (ESAR-VHP) established
131.22under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
131.23implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
131.24(b) The commissioner may maintain a registry of volunteers for the Minnesota
131.25Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
131.26deployments within and outside the state. All state licensing and certifying boards
131.27shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
131.28volunteers' information. The commissioner may also obtain information from other states
131.29and national licensing or certifying boards for health practitioners.
131.30(c) The commissioner may share volunteers' data, including any data classified
131.31as private data, from the Minnesota Responds Medical Reserve Corps registry with
131.32community health boards of health, cities or counties, the University of Minnesota's
131.33Academic Health Center or other public or private emergency preparedness partners, or
132.1tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
132.2for credentialing, organizing, training, and deploying volunteers. Upon request of another
132.3state participating in the ESAR-VHP or of a Canadian government administering a similar
132.4health volunteer program, the commissioner may also share the volunteers' data as needed
132.5for emergency preparedness and response.

132.6    Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
132.7amended to read:
132.8    Subd. 7. Commissioner requests for health volunteers. (a) When the
132.9commissioner receives a request for health volunteers from:
132.10(1) a local board of health community health board, county, or city according to
132.11section 145A.04, subdivision 6c;
132.12(2) the University of Minnesota Academic Health Center;
132.13(3) another state or a territory through the Interstate Emergency Management
132.14Assistance Compact authorized under section 192.89;
132.15(4) the federal government through ESAR-VHP or another similar program; or
132.16(5) a tribal or Canadian government;
132.17the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
132.18Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
132.19the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
132.20respond to the request. The commissioner may also ask for Minnesota Responds Medical
132.21Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
132.22(b) The commissioner may request Minnesota Responds Medical Reserve Corps
132.23volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
132.24or temporary units providing emergency patient stabilization, medical transport, or
132.25ambulatory care. The commissioner may utilize the volunteers for training, mobilization
132.26or demobilization, inspection, maintenance, repair, or other support functions for the
132.27MMU facility or for other emergency units, as well as for provision of health care services.
132.28(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
132.29Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
132.30compensation provided by the volunteer's employer during volunteer service requested by
132.31the commissioner. An employer is not liable for actions of an employee while serving as a
132.32Minnesota Responds Medical Reserve Corps volunteer.
132.33(d) If the commissioner matches the request under paragraph (a) with Minnesota
132.34Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
132.35of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
133.1the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
133.2sending and receiving jurisdictions in monitoring deployments, and shall coordinate
133.3efforts with the division of homeland security and emergency management for out-of-state
133.4deployments through the Interstate Emergency Management Assistance Compact or
133.5other emergency management compacts.
133.6(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
133.7Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
133.8apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
133.9across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
133.10the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
133.11as of their initial deployment in response to the event or emergency that triggered a
133.12subsequent commissioner's call.
133.13(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
133.14request for training or assistance at the call of the commissioner must be deemed an
133.15employee of the state for purposes of workers' compensation and tort claim defense and
133.16indemnification under section 3.736, without regard to whether the volunteer's activity is
133.17under the direction and control of the commissioner, the division of homeland security
133.18and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
133.19hospital, alternate care site, or other health care provider treating patients from the public
133.20health event or emergency.
133.21(2) For purposes of calculating workers' compensation benefits under chapter 176,
133.22the daily wage must be the usual wage paid at the time of injury or death for similar services
133.23performed by paid employees in the community where the volunteer regularly resides, or
133.24the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
133.25(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
133.26reimbursement for travel and subsistence expenses during a deployment approved by the
133.27commissioner under this subdivision according to reimbursement limits established for
133.28paid state employees. Deployment begins when the volunteer leaves on the deployment
133.29until the volunteer returns from the deployment, including all travel related to the
133.30deployment. The Department of Health shall initially review and pay those expenses to
133.31the volunteer. Except as otherwise provided by the Interstate Emergency Management
133.32Assistance Compact in section 192.89 or agreements made thereunder, the department
133.33shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
133.34department for expenses of the volunteers.
133.35(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
133.36deployed outside the state pursuant to the Interstate Emergency Management Assistance
134.1Compact, the provisions of the Interstate Emergency Management Assistance Compact
134.2must control over any inconsistent provisions in this section.
134.3(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
134.4for workers' compensation arising out of a deployment under this section or out of a
134.5training exercise conducted by the commissioner, the volunteer's workers compensation
134.6benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
134.7volunteer may also qualify under other clauses of section 176.011, subdivision 9.

134.8    Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
134.9    Subdivision 1. Agreements to perform duties of commissioner. (a) The
134.10commissioner of health may enter into an agreement with any community health board of
134.11health, county, or city to delegate all or part of the licensing, inspection, reporting, and
134.12enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to
134.13144.417 ; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining
134.14to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14
134.15to 327.28.
134.16(b) Agreements are subject to subdivision 3.
134.17(c) This subdivision does not affect agreements entered into under Minnesota
134.18Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

134.19    Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
134.20    Subd. 2. Agreements to perform duties of community health board of health.
134.21A community health board of health may authorize a township board, city council, or
134.22county board within its jurisdiction to establish a board of health under section 145A.03
134.23 and delegate to the board of health by agreement any powers or duties under sections
134.24145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community
134.25health board responsibilities. An agreement to delegate community health board powers
134.26and duties of a board of health to a county or city must be approved by the commissioner
134.27and is subject to subdivision 3.

134.28    Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
134.29145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
134.30    Subdivision 1. Cost of care. A person who has or whose dependent or spouse has a
134.31communicable disease that is subject to control by the community health board of health is
134.32financially liable to the unit or agency of government that paid for the reasonable cost of
134.33care provided to control the disease under section 145A.04, subdivision 6.
135.1    Subd. 2. Assessment of costs of enforcement. (a) If costs are assessed for
135.2enforcement of section 145A.04, subdivision 8, and no procedure for the assessment
135.3of costs has been specified in an agreement established under section 145A.07, the
135.4enforcement costs must be assessed as prescribed in this subdivision.
135.5(b) A debt or claim against an individual owner or single piece of real property
135.6resulting from an enforcement action authorized by section 145A.04, subdivision 8, must
135.7not exceed the cost of abatement or removal.
135.8(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be
135.9assessed and charged against the real property on which the public health nuisance, source
135.10of filth, or cause of sickness was located. The auditor of the county in which the action is
135.11taken shall extend the cost so assessed and charged on the tax roll of the county against the
135.12real property on which the enforcement action was taken.
135.13(d) The cost of an enforcement action taken by a town or city board of health under
135.14section 145A.04, subdivision 8, may be recovered from the county in which the town or
135.15city is located if the city clerk or other officer certifies the costs of the enforcement action
135.16to the county auditor as prescribed in this section. Taxes equal to the full amount of the
135.17enforcement action but not exceeding the limit in paragraph (b) must be collected by the
135.18county treasurer and paid to the city or town as other taxes are collected and paid.
135.19    Subd. 3. Tax levy authorized. A city council or county board that has formed or is
135.20a member of a community health board of health may levy taxes on all taxable property in
135.21its jurisdiction to pay the cost of performing its duties under this chapter.

135.22    Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
135.23    Subd. 2. Levying taxes. In levying taxes authorized under section 145A.08,
135.24subdivision 3
, a city council or county board that has formed or is a member of a
135.25community health board must consider the income and expenditures required to meet
135.26local public health priorities established under section 145A.10, subdivision 5a 145A.04,
135.27subdivision 1a, clause (2), and statewide outcomes established under section 145A.12,
135.28subdivision 7
145A.04, subdivision 1a, clause (1).

135.29    Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
135.30145A.131 LOCAL PUBLIC HEALTH GRANT.
135.31    Subdivision 1. Funding formula for community health boards. (a) Base funding
135.32for each community health board eligible for a local public health grant under section
135.33145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community
135.34health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
136.1programs: community health services subsidy; state and federal maternal and child health
136.2special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
136.3youth risk behavior grants; and available women, infants, and children grant funds in fiscal
136.4year 2003, prior to unallotment, distributed based on the proportion of WIC participants
136.5served in fiscal year 2003 within the CHS service area.
136.6(b) Base funding for a community health board eligible for a local public health grant
136.7under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph
136.8(a), shall be adjusted by the percentage difference between the base, as calculated in
136.9paragraph (a), and the funding available for the local public health grant.
136.10(c) Multicounty or multicity community health boards shall receive a local
136.11partnership base of up to $5,000 per year for each county or city in the case of a multicity
136.12community health board included in the community health board.
136.13(d) The State Community Health Advisory Committee may recommend a formula to
136.14the commissioner to use in distributing state and federal funds to community health boards
136.15organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally
136.16identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04,
136.17subdivision 1a, for use in distributing funds to community health boards beginning
136.18January 1, 2006, and thereafter.
136.19    Subd. 2. Local match. (a) A community health board that receives a local public
136.20health grant shall provide at least a 75 percent match for the state funds received through
136.21the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
136.22(b) Eligible funds must be used to meet match requirements. Eligible funds include
136.23funds from local property taxes, reimbursements from third parties, fees, other local funds,
136.24and donations or nonfederal grants that are used for community health services described
136.25in section 145A.02, subdivision 6.
136.26(c) When the amount of local matching funds for a community health board is less
136.27than the amount required under paragraph (a), the local public health grant provided for
136.28that community health board under this section shall be reduced proportionally.
136.29(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
136.30that levies a tax for provision of community health services is exempt from any county
136.31levy for the same services to the extent of the levy imposed by the city.
136.32    Subd. 3. Accountability. (a) Community health boards accepting local public health
136.33grants must document progress toward the statewide outcomes established in section
136.34145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
136.35 meet all of the requirements and perform all of the duties described in sections 145A.03
136.36and 145A.04, to maintain eligibility to receive the local public health grant.
137.1(b) In determining whether or not the community health board is documenting
137.2progress toward statewide outcomes, the commissioner shall consider the following factors:
137.3(1) whether the community health board has documented progress to meeting
137.4essential local activities related to the statewide outcomes, as specified in the grant
137.5agreement;
137.6(2) the effort put forth by the community health board toward the selected statewide
137.7outcomes;
137.8(3) whether the community health board has previously failed to document progress
137.9toward selected statewide outcomes under this section;
137.10(4) the amount of funding received by the community health board to address the
137.11statewide outcomes; and
137.12(5) other factors as the commissioner may require, if the commissioner specifically
137.13identifies the additional factors in the commissioner's written notice of determination.
137.14(c) If the commissioner determines that a community health board has not by
137.15the applicable deadline documented progress toward the selected statewide outcomes
137.16established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
137.17notify the community health board in writing and recommend specific actions that the
137.18community health board should take over the following 12 months to maintain eligibility
137.19for the local public health grant.
137.20(d) During the 12 months following the written notification, the commissioner shall
137.21provide administrative and program support to assist the community health board in
137.22taking the actions recommended in the written notification.
137.23(e) If the community health board has not taken the specific actions recommended by
137.24the commissioner within 12 months following written notification, the commissioner may
137.25determine not to distribute funds to the community health board under section 145A.12,
137.26subdivision 2
, for the next fiscal year.
137.27(f) If the commissioner determines not to distribute funds for the next fiscal year, the
137.28commissioner must give the community health board written notice of this determination
137.29and allow the community health board to appeal the determination in writing.
137.30(g) If the commissioner determines not to distribute funds for the next fiscal year
137.31to a community health board that has not documented progress toward the statewide
137.32outcomes and not taken the actions recommended by the commissioner, the commissioner
137.33may retain local public health grant funds that the community health board would have
137.34otherwise received and directly carry out essential local activities to meet the statewide
137.35outcomes, or contract with other units of government or community-based organizations
137.36to carry out essential local activities related to the statewide outcomes.
138.1(h) If the community health board that does not document progress toward the
138.2statewide outcomes is a city, the commissioner shall distribute the local public health
138.3funds that would have been allocated to that city to the county in which the city is located,
138.4if that county is part of a community health board.
138.5(i) The commissioner shall establish a reporting system by which community health
138.6boards will document their progress toward statewide outcomes. This system will be
138.7developed in consultation with the State Community Health Services Advisory Committee
138.8established in section 145A.10, subdivision 10, paragraph (a).
138.9(b) By January 1 of each year, the commissioner shall notify community health
138.10boards of the performance-related accountability requirements of the local public health
138.11grant for that calendar year. Performance-related accountability requirements will be
138.12comprised of a subset of the annual performance measures and will be selected in
138.13consultation with the State Community Health Services Advisory Committee.
138.14(c) If the commissioner determines that a community health board has not met the
138.15accountability requirements, the commissioner shall notify the community health board in
138.16writing and recommend specific actions the community health board must take over the
138.17next six months in order to maintain eligibility for the Local Public Health Act grant.
138.18(d) Following the written notification in paragraph (c), the commissioner shall
138.19provide administrative and program support to assist the community health board as
138.20required in section 145A.06, subdivision 3a.
138.21(e) The commissioner shall provide the community health board two months
138.22following the written notification to appeal the determination in writing.
138.23(f) If the community health board has not submitted an appeal within two months
138.24or has not taken the specific actions recommended by the commissioner within six
138.25months following written notification, the commissioner may elect to not reimburse
138.26invoices for funds submitted after the six-month compliance period and shall reduce by
138.271/12 the community health board's annual award allocation for every successive month
138.28of noncompliance.
138.29(g) The commissioner may retain the amount of funding that would have been
138.30allocated to the community health board and assume responsibility for public health
138.31activities in the geographic area served by the community health board.
138.32    Subd. 4. Responsibility of commissioner to ensure a statewide public health
138.33system. If a county withdraws from a community health board and operates as a board of
138.34health or If a community health board elects not to accept the local public health grant,
138.35the commissioner may retain the amount of funding that would have been allocated to
138.36the community health board using the formula described in subdivision 1 and assume
139.1responsibility for public health activities to meet the statewide outcomes in the geographic
139.2area served by the board of health or community health board. The commissioner may
139.3elect to directly provide public health activities to meet the statewide outcomes or contract
139.4with other units of government or with community-based organizations. If a city that is
139.5currently a community health board withdraws from a community health board or elects
139.6not to accept the local public health grant, the local public health grant funds that would
139.7have been allocated to that city shall be distributed to the county in which the city is
139.8located, if the county is part of a community health board.
139.9    Subd. 5. Local public health priorities Use of funds. Community health boards
139.10may use their local public health grant to address local public health priorities identified
139.11under section 145A.10, subdivision 5a. funds to address the areas of public health
139.12responsibility and local priorities developed through the community health assessment and
139.13community health improvement planning process.

139.14    Sec. 28. REVISOR'S INSTRUCTION.
139.15(a) The revisor shall change the terms "board of health" or "local board of health" or
139.16any derivative of those terms to "community health board" where it appears in Minnesota
139.17Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
139.18(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
139.19subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
139.20subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
139.216; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
139.22subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
139.23375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
139.24(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
139.25to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
139.26subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
139.2738.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
139.28subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
139.29144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
139.30144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
139.31subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

139.32    Sec. 29. REPEALER.
139.33Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
139.343 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
140.15a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall
140.2remove cross-references to these repealed sections and make changes necessary to correct
140.3punctuation, grammar, or structure of the remaining text.

140.4ARTICLE 8
140.5CONTINUING CARE

140.6    Section 1. Minnesota Statutes 2012, section 245A.155, subdivision 1, is amended to
140.7read:
140.8    Subdivision 1. Licensed foster care and respite care. This section applies to
140.9foster care agencies and licensed foster care providers who place, supervise, or care for
140.10individuals who rely on medical monitoring equipment to sustain life or monitor a medical
140.11condition that could become life-threatening without proper use of the medical equipment
140.12 in respite care or foster care.

140.13    Sec. 2. Minnesota Statutes 2012, section 245A.155, subdivision 2, is amended to read:
140.14    Subd. 2. Foster care agency requirements. In order for an agency to place an
140.15individual who relies on medical equipment to sustain life or monitor a medical condition
140.16that could become life-threatening without proper use of the medical equipment with a
140.17foster care provider, the agency must ensure that the foster care provider has received the
140.18training to operate such equipment as observed and confirmed by a qualified source,
140.19and that the provider:
140.20(1) is currently caring for an individual who is using the same equipment in the
140.21foster home; or
140.22(2) has written documentation that the foster care provider has cared for an
140.23individual who relied on such equipment within the past six months; or
140.24(3) has successfully completed training with the individual being placed with the
140.25provider.

140.26    Sec. 3. Minnesota Statutes 2012, section 245A.155, subdivision 3, is amended to read:
140.27    Subd. 3. Foster care provider requirements. A foster care provider shall not care
140.28for an individual who relies on medical equipment to sustain life or monitor a medical
140.29condition that could become life-threatening without proper use of the medical equipment
140.30 unless the provider has received the training to operate such equipment as observed and
140.31confirmed by a qualified source, and:
140.32(1) is currently caring for an individual who is using the same equipment in the
140.33foster home; or
141.1(2) has written documentation that the foster care provider has cared for an
141.2individual who relied on such equipment within the past six months; or
141.3(3) has successfully completed training with the individual being placed with the
141.4provider.

141.5    Sec. 4. Minnesota Statutes 2012, section 245A.65, subdivision 2, is amended to read:
141.6    Subd. 2. Abuse prevention plans. All license holders shall establish and enforce
141.7ongoing written program abuse prevention plans and individual abuse prevention plans as
141.8required under section 626.557, subdivision 14.
141.9(a) The scope of the program abuse prevention plan is limited to the population,
141.10physical plant, and environment within the control of the license holder and the location
141.11where licensed services are provided. In addition to the requirements in section 626.557,
141.12subdivision 14
, the program abuse prevention plan shall meet the requirements in clauses
141.13(1) to (5).
141.14(1) The assessment of the population shall include an evaluation of the following
141.15factors: age, gender, mental functioning, physical and emotional health or behavior of the
141.16client; the need for specialized programs of care for clients; the need for training of staff to
141.17meet identified individual needs; and the knowledge a license holder may have regarding
141.18previous abuse that is relevant to minimizing risk of abuse for clients.
141.19(2) The assessment of the physical plant where the licensed services are provided
141.20shall include an evaluation of the following factors: the condition and design of the
141.21building as it relates to the safety of the clients; and the existence of areas in the building
141.22which are difficult to supervise.
141.23(3) The assessment of the environment for each facility and for each site when living
141.24arrangements are provided by the agency shall include an evaluation of the following
141.25factors: the location of the program in a particular neighborhood or community; the type
141.26of grounds and terrain surrounding the building; the type of internal programming; and
141.27the program's staffing patterns.
141.28(4) The license holder shall provide an orientation to the program abuse prevention
141.29plan for clients receiving services. If applicable, the client's legal representative must be
141.30notified of the orientation. The license holder shall provide this orientation for each new
141.31person within 24 hours of admission, or for persons who would benefit more from a later
141.32orientation, the orientation may take place within 72 hours.
141.33(5) The license holder's governing body or the governing body's delegated
141.34representative shall review the plan at least annually using the assessment factors in the
141.35plan and any substantiated maltreatment findings that occurred since the last review. The
142.1governing body or the governing body's delegated representative shall revise the plan,
142.2if necessary, to reflect the review results.
142.3(6) A copy of the program abuse prevention plan shall be posted in a prominent
142.4location in the program and be available upon request to mandated reporters, persons
142.5receiving services, and legal representatives.
142.6(b) In addition to the requirements in section 626.557, subdivision 14, the individual
142.7abuse prevention plan shall meet the requirements in clauses (1) and (2).
142.8(1) The plan shall include a statement of measures that will be taken to minimize the
142.9risk of abuse to the vulnerable adult when the individual assessment required in section
142.10626.557, subdivision 14 , paragraph (b), indicates the need for measures in addition to the
142.11specific measures identified in the program abuse prevention plan. The measures shall
142.12include the specific actions the program will take to minimize the risk of abuse within
142.13the scope of the licensed services, and will identify referrals made when the vulnerable
142.14adult is susceptible to abuse outside the scope or control of the licensed services. When
142.15the assessment indicates that the vulnerable adult does not need specific risk reduction
142.16measures in addition to those identified in the program abuse prevention plan, the
142.17individual abuse prevention plan shall document this determination.
142.18(2) An individual abuse prevention plan shall be developed for each new person as
142.19part of the initial individual program plan or service plan required under the applicable
142.20licensing rule. The review and evaluation of the individual abuse prevention plan shall
142.21be done as part of the review of the program plan or service plan. The person receiving
142.22services shall participate in the development of the individual abuse prevention plan to the
142.23full extent of the person's abilities. If applicable, the person's legal representative shall be
142.24given the opportunity to participate with or for the person in the development of the plan.
142.25The interdisciplinary team shall document the review of all abuse prevention plans at least
142.26annually, using the individual assessment and any reports of abuse relating to the person.
142.27The plan shall be revised to reflect the results of this review.

142.28    Sec. 5. Minnesota Statutes 2013 Supplement, section 245D.02, is amended by adding a
142.29subdivision to read:
142.30    Subd. 37. Working day. "Working day" means Monday, Tuesday, Wednesday,
142.31Thursday, or Friday, excluding any legal holiday.

142.32    Sec. 6. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1, is
142.33amended to read:
143.1    Subdivision 1. Health needs. (a) The license holder is responsible for meeting health
143.2service needs assigned in the coordinated service and support plan or the coordinated
143.3service and support plan addendum, consistent with the person's health needs. The license
143.4holder is responsible for promptly notifying the person's legal representative, if any, and
143.5the case manager of changes in a person's physical and mental health needs affecting
143.6health service needs assigned to the license holder in the coordinated service and support
143.7plan or the coordinated service and support plan addendum, when within 24 hours of being
143.8 discovered by the license holder, or as directed in the coordinated service and support plan
143.9or support plan addendum, unless the license holder has reason to know the change has
143.10already been reported. The license holder must document when the notice is provided.
143.11(b) If responsibility for meeting the person's health service needs has been assigned
143.12to the license holder in the coordinated service and support plan or the coordinated service
143.13and support plan addendum, the license holder must maintain documentation on how the
143.14person's health needs will be met, including a description of the procedures the license
143.15holder will follow in order to:
143.16(1) provide medication assistance or medication administration according to this
143.17chapter;
143.18(2) monitor health conditions according to written instructions from a licensed
143.19health professional;
143.20(3) assist with or coordinate medical, dental, and other health service appointments; or
143.21(4) use medical equipment, devices, or adaptive aides or technology safely and
143.22correctly according to written instructions from a licensed health professional.

143.23    Sec. 7. Minnesota Statutes 2013 Supplement, section 245D.05, subdivision 1b, is
143.24amended to read:
143.25    Subd. 1b. Medication assistance. If responsibility for medication assistance
143.26is assigned to the license holder in the coordinated service and support plan or the
143.27coordinated service and support plan addendum, the license holder must ensure that
143.28the requirements of subdivision 2, paragraph (b), have been met when staff provides
143.29 medication assistance must be provided to enable a person to self-administer medication
143.30or treatment when the person is capable of directing the person's own care, or when the
143.31person's legal representative is present and able to direct care for the person. For the
143.32purposes of this subdivision, "medication assistance" means any of the following:
143.33(1) bringing to the person and opening a container of previously set up medications,
143.34emptying the container into the person's hand, or opening and giving the medications in
143.35the original container to the person;
144.1(2) bringing to the person liquids or food to accompany the medication; or
144.2(3) providing reminders, in person, remotely, or through programming devices
144.3such as telephones, alarms, or medication boxes, to take regularly scheduled medication
144.4or perform regularly scheduled treatments and exercises.

144.5    Sec. 8. Minnesota Statutes 2013 Supplement, section 245D.06, subdivision 1, is
144.6amended to read:
144.7    Subdivision 1. Incident response and reporting. (a) The license holder must
144.8respond to incidents under section 245D.02, subdivision 11, that occur while providing
144.9services to protect the health and safety of and minimize risk of harm to the person.
144.10(b) The license holder must maintain information about and report incidents to the
144.11person's legal representative or designated emergency contact and case manager within
144.1224 hours of an incident occurring while services are being provided, within 24 hours of
144.13discovery or receipt of information that an incident occurred, unless the license holder
144.14has reason to know that the incident has already been reported, or as otherwise directed
144.15in a person's coordinated service and support plan or coordinated service and support
144.16plan addendum. An incident of suspected or alleged maltreatment must be reported as
144.17required under paragraph (d), and an incident of serious injury or death must be reported
144.18as required under paragraph (e).
144.19(c) When the incident involves more than one person, the license holder must not
144.20disclose personally identifiable information about any other person when making the report
144.21to each person and case manager unless the license holder has the consent of the person.
144.22(d) Within 24 hours of reporting maltreatment as required under section 626.556
144.23or 626.557, the license holder must inform the case manager of the report unless there is
144.24reason to believe that the case manager is involved in the suspected maltreatment. The
144.25license holder must disclose the nature of the activity or occurrence reported and the
144.26agency that received the report.
144.27(e) The license holder must report the death or serious injury of the person as
144.28required in paragraph (b) and to the Department of Human Services Licensing Division,
144.29and the Office of Ombudsman for Mental Health and Developmental Disabilities as
144.30required under section 245.94, subdivision 2a, within 24 hours of the death or serious
144.31injury, or receipt of information that the death or serious injury occurred, unless the license
144.32holder has reason to know that the death or serious injury has already been reported.
144.33(f) When a death or serious injury occurs in a facility certified as an intermediate
144.34care facility for persons with developmental disabilities, the death or serious injury must
144.35be reported to the Department of Health, Office of Health Facility Complaints, and the
145.1Office of Ombudsman for Mental Health and Developmental Disabilities, as required
145.2under sections 245.91 and 245.94, subdivision 2a, unless the license holder has reason to
145.3know that the death or serious injury has already been reported.
145.4(g) The license holder must conduct an internal review of incident reports of deaths
145.5and serious injuries that occurred while services were being provided and that were not
145.6reported by the program as alleged or suspected maltreatment, for identification of incident
145.7patterns, and implementation of corrective action as necessary to reduce occurrences.
145.8The review must include an evaluation of whether related policies and procedures were
145.9followed, whether the policies and procedures were adequate, whether there is a need for
145.10additional staff training, whether the reported event is similar to past events with the
145.11persons or the services involved, and whether there is a need for corrective action by the
145.12license holder to protect the health and safety of persons receiving services. Based on
145.13the results of this review, the license holder must develop, document, and implement a
145.14corrective action plan designed to correct current lapses and prevent future lapses in
145.15performance by staff or the license holder, if any.
145.16(h) The license holder must verbally report the emergency use of manual restraint of
145.17a person as required in paragraph (b) within 24 hours of the occurrence. The license holder
145.18must ensure the written report and internal review of all incident reports of the emergency
145.19use of manual restraints are completed according to the requirements in section 245D.061.

145.20    Sec. 9. Minnesota Statutes 2013 Supplement, section 245D.07, subdivision 2, is
145.21amended to read:
145.22    Subd. 2. Service planning requirements for basic support services. (a) License
145.23holders providing basic support services or intensive support services identified in section
145.24245D.03, subdivision 1, paragraph (c), clauses (1) and (2), must meet the requirements
145.25of this subdivision.
145.26(b) Within 15 calendar days of service initiation the license holder must complete
145.27a preliminary coordinated service and support plan addendum based on the coordinated
145.28service and support plan.
145.29(c) Within 60 calendar days of service initiation the license holder must review
145.30and revise as needed the preliminary coordinated service and support plan addendum to
145.31document the services that will be provided including how, when, and by whom services
145.32will be provided, and the person responsible for overseeing the delivery and coordination
145.33of services.
145.34(d) The license holder must participate in service planning and support team
145.35meetings for the person following stated timelines established in the person's coordinated
146.1service and support plan or as requested by the person or the person's legal representative,
146.2the support team or the expanded support team.

146.3    Sec. 10. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 1,
146.4is amended to read:
146.5    Subdivision 1. Requirements for intensive support services. Except for services
146.6identified in section 245D.03, subdivision 1, paragraph (c), clauses (1) and (2), a license
146.7holder providing intensive support services identified in section 245D.03, subdivision 1,
146.8paragraph (c), must comply with the requirements in this section and section 245D.07,
146.9subdivisions 1
and 3.

146.10    Sec. 11. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 3,
146.11is amended to read:
146.12    Subd. 3. Assessment and initial service planning. (a) Within 15 calendar days of
146.13service initiation the license holder must complete a preliminary coordinated service and
146.14support plan addendum based on the coordinated service and support plan.
146.15(b) Within 45 calendar days of service initiation the license holder must meet with
146.16the person, the person's legal representative, the case manager, and other members of the
146.17support team or expanded support team to assess and determine the following based on the
146.18person's coordinated service and support plan and the requirements in subdivision 4 and
146.19section 245D.07, subdivision 1a:
146.20(1) the scope of the services to be provided to support the person's daily needs
146.21and activities;
146.22(2) the person's desired outcomes and the supports necessary to accomplish the
146.23person's desired outcomes;
146.24(3) the person's preferences for how services and supports are provided;
146.25(4) whether the current service setting is the most integrated setting available and
146.26appropriate for the person; and
146.27(5) how services must be coordinated across other providers licensed under this
146.28chapter serving the same person to ensure continuity of care for the person.
146.29(c) Within the scope of services, the license holder must, at a minimum, assess
146.30the following areas:
146.31(1) the person's ability to self-manage health and medical needs to maintain or
146.32improve physical, mental, and emotional well-being, including, when applicable, allergies,
146.33seizures, choking, special dietary needs, chronic medical conditions, self-administration
147.1of medication or treatment orders, preventative screening, and medical and dental
147.2appointments;
147.3(2) the person's ability to self-manage personal safety to avoid injury or accident in
147.4the service setting, including, when applicable, risk of falling, mobility, regulating water
147.5temperature, community survival skills, water safety skills, and sensory disabilities; and
147.6(3) the person's ability to self-manage symptoms or behavior that may otherwise
147.7result in an incident as defined in section 245D.02, subdivision 11, clauses (4) to (7),
147.8suspension or termination of services by the license holder, or other symptoms or
147.9behaviors that may jeopardize the health and safety of the person or others.
147.10The assessments must produce information about the person that is descriptive of the
147.11person's overall strengths, functional skills and abilities, and behaviors or symptoms.

147.12    Sec. 12. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 4,
147.13is amended to read:
147.14    Subd. 4. Service outcomes and supports. (a) Within ten working days of the
147.1545-day meeting, the license holder must develop and document the service outcomes and
147.16supports based on the assessments completed under subdivision 3 and the requirements
147.17in section 245D.07, subdivision 1a. The outcomes and supports must be included in the
147.18coordinated service and support plan addendum.
147.19(b) The license holder must document the supports and methods to be implemented
147.20to support the accomplishment of outcomes related to acquiring, retaining, or improving
147.21skills. The documentation must include:
147.22(1) the methods or actions that will be used to support the person and to accomplish
147.23the service outcomes, including information about:
147.24(i) any changes or modifications to the physical and social environments necessary
147.25when the service supports are provided;
147.26(ii) any equipment and materials required; and
147.27(iii) techniques that are consistent with the person's communication mode and
147.28learning style;
147.29(2) the measurable and observable criteria for identifying when the desired outcome
147.30has been achieved and how data will be collected;
147.31(3) the projected starting date for implementing the supports and methods and
147.32the date by which progress towards accomplishing the outcomes will be reviewed and
147.33evaluated; and
147.34(4) the names of the staff or position responsible for implementing the supports
147.35and methods.
148.1(c) Within 20 working days of the 45-day meeting, the license holder must submit
148.2to and obtain dated signatures from the person or the person's legal representative and
148.3case manager to document completion and approval of the assessment and coordinated
148.4service and support plan addendum. If, within ten working days of the submission of the
148.5assessment or coordinated service and support plan addendum, the person or the person's
148.6legal representative or case manager has not signed and returned to the license holder the
148.7assessment and coordinated service and support plan addendum or has not proposed
148.8written modifications to the license holder's submission, the submission is deemed
148.9approved and the assessment and coordinated service and support plan addendum become
148.10effective and remain in effect until the legal representative or case manager submits a
148.11written request to revise the assessment or coordinated service and support plan addendum.

148.12    Sec. 13. Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 5,
148.13is amended to read:
148.14    Subd. 5. Progress reviews. (a) The license holder must give the person or the
148.15person's legal representative and case manager an opportunity to participate in the ongoing
148.16review and development of the methods used to support the person and accomplish
148.17outcomes identified in subdivisions 3 and 4. The license holder, in coordination with
148.18the person's support team or expanded support team, must meet with the person, the
148.19person's legal representative, and the case manager, and participate in progress review
148.20meetings following stated timelines established in the person's coordinated service and
148.21support plan or coordinated service and support plan addendum or within 30 days of a
148.22written request by the person, the person's legal representative, or the case manager,
148.23at a minimum of once per year.
148.24(b) The license holder must summarize the person's progress toward achieving the
148.25identified outcomes and make recommendations and identify the rationale for changing,
148.26continuing, or discontinuing implementation of supports and methods identified in
148.27subdivision 4 in a written report sent to the person or the person's legal representative and
148.28case manager five working days prior to the review meeting, unless the person, the person's
148.29legal representative, or the case manager requests to receive the in a report available at
148.30the time of the progress review meeting. The report must be sent five working days prior
148.31to the progress review meeting if requested by the team in the coordinated service and
148.32support plan or coordinated service and support plan addendum. Within 60 calendar days
148.33of service initiation, the license holder must document the preference of the person or the
148.34person's legal representative and the case manager regarding receiving written reports. The
148.35license holder must document changes to those preferences when changes are requested.
149.1(c) Within ten working days of the progress review meeting, the license holder
149.2must obtain dated signatures from the person or the person's legal representative and
149.3the case manager to document approval of any changes to the coordinated service and
149.4support plan addendum.
149.5(d) If, within ten working days of the submission of the changes to the coordinated
149.6service and support plan addendum, the person or the person's legal representative or case
149.7manager has not signed and returned to the license holder the coordinated service and
149.8support plan addendum or has not proposed written modifications to the license holder's
149.9submission, the submission is deemed approved and the coordinated service and support
149.10plan addendum becomes effective and remains in effect until the legal representative or
149.11case manager submits a written request to revise the coordinated service and support plan.

149.12    Sec. 14. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 3, is
149.13amended to read:
149.14    Subd. 3. Staff qualifications. (a) The license holder must ensure that staff providing
149.15direct support, or staff who have responsibilities related to supervising or managing the
149.16provision of direct support service, are competent as demonstrated through skills and
149.17knowledge training, experience, and education to meet the person's needs and additional
149.18requirements as written in the coordinated service and support plan or coordinated
149.19service and support plan addendum, or when otherwise required by the case manager or
149.20the federal waiver plan. The license holder must verify and maintain evidence of staff
149.21competency, including documentation of:
149.22(1) education and experience qualifications relevant to the job responsibilities
149.23assigned to the staff and the needs of the general population of persons served by the
149.24program, including a valid degree and transcript, or a current license, registration, or
149.25certification, when a degree or licensure, registration, or certification is required by this
149.26chapter or in the coordinated service and support plan or coordinated service and support
149.27plan addendum;
149.28(2) demonstrated competency in the orientation and training areas required under
149.29this chapter, and when applicable, completion of continuing education required to
149.30maintain professional licensure, registration, or certification requirements. Competency in
149.31these areas is determined by the license holder through knowledge testing and or observed
149.32skill assessment conducted by the trainer or instructor; and
149.33(3) except for a license holder who is the sole direct support staff, periodic
149.34performance evaluations completed by the license holder of the direct support staff
149.35person's ability to perform the job functions based on direct observation.
150.1(b) Staff under 18 years of age may not perform overnight duties or administer
150.2medication.

150.3    Sec. 15. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4, is
150.4amended to read:
150.5    Subd. 4. Orientation to program requirements. Except for a license holder
150.6who does not supervise any direct support staff, within 60 calendar days of hire, unless
150.7stated otherwise, the license holder must provide and ensure completion of ten hours of
150.8orientation for direct support staff providing basic services and 30 hours of orientation
150.9for direct support staff providing intensive services that combines supervised on-the-job
150.10training with review of and instruction in the following areas:
150.11(1) the job description and how to complete specific job functions, including:
150.12(i) responding to and reporting incidents as required under section 245D.06,
150.13subdivision 1; and
150.14(ii) following safety practices established by the license holder and as required in
150.15section 245D.06, subdivision 2;
150.16(2) the license holder's current policies and procedures required under this chapter,
150.17including their location and access, and staff responsibilities related to implementation
150.18of those policies and procedures;
150.19(3) data privacy requirements according to sections 13.01 to 13.10 and 13.46, the
150.20federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), and staff
150.21responsibilities related to complying with data privacy practices;
150.22(4) the service recipient rights and staff responsibilities related to ensuring the
150.23exercise and protection of those rights according to the requirements in section 245D.04;
150.24(5) sections 245A.65, 245A.66, 626.556, and 626.557, governing maltreatment
150.25reporting and service planning for children and vulnerable adults, and staff responsibilities
150.26related to protecting persons from maltreatment and reporting maltreatment. This
150.27orientation must be provided within 72 hours of first providing direct contact services and
150.28annually thereafter according to section 245A.65, subdivision 3;
150.29(6) the principles of person-centered service planning and delivery as identified in
150.30section 245D.07, subdivision 1a, and how they apply to direct support service provided
150.31by the staff person; and
150.32(7) the safe and correct use of manual restraint on an emergency basis according to
150.33the requirements in section 245D.061 and what constitutes the use of restraints, time out,
150.34and seclusion, including chemical restraint;
151.1(8) staff responsibilities related to prohibited procedures under section 245D.06,
151.2subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
151.3or undesired behavior, and why such procedures are not safe;
151.4(9) basic first aid; and
151.5(10) other topics as determined necessary in the person's coordinated service and
151.6support plan by the case manager or other areas identified by the license holder.

151.7    Sec. 16. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 4a,
151.8is amended to read:
151.9    Subd. 4a. Orientation to individual service recipient needs. (a) Before having
151.10unsupervised direct contact with a person served by the program, or for whom the staff
151.11person has not previously provided direct support, or any time the plans or procedures
151.12identified in paragraphs (b) to (f) (e) are revised, the staff person must review and receive
151.13instruction on the requirements in paragraphs (b) to (f) (e) as they relate to the staff
151.14person's job functions for that person.
151.15(b) For community residential services, training and competency evaluations must
151.16include the following, if identified in the coordinated service and support plan:
151.17(1) appropriate and safe techniques in personal hygiene and grooming, including
151.18hair care; bathing; care of teeth, gums, and oral prosthetic devices; and other activities of
151.19daily living (ADLs) as defined under section 256B.0659, subdivision 1;
151.20(2) an understanding of what constitutes a healthy diet according to data from the
151.21Centers for Disease Control and Prevention and the skills necessary to prepare that diet; and
151.22(3) skills necessary to provide appropriate support in instrumental activities of daily
151.23living (IADLs) as defined under section 256B.0659, subdivision 1; and
151.24(4) demonstrated competence in providing first aid.
151.25(c) The staff person must review and receive instruction on the person's coordinated
151.26service and support plan or coordinated service and support plan addendum as it relates
151.27to the responsibilities assigned to the license holder, and when applicable, the person's
151.28individual abuse prevention plan, to achieve and demonstrate an understanding of the
151.29person as a unique individual, and how to implement those plans.
151.30(d) The staff person must review and receive instruction on medication
151.31administration procedures established for the person when medication administration is
151.32assigned to the license holder according to section 245D.05, subdivision 1, paragraph
151.33(b). Unlicensed staff may administer medications only after successful completion of a
151.34medication administration training, from a training curriculum developed by a registered
151.35nurse, clinical nurse specialist in psychiatric and mental health nursing, certified nurse
152.1practitioner, physician's assistant, or physician. The training curriculum must incorporate
152.2an observed skill assessment conducted by the trainer to ensure staff demonstrate the
152.3ability to safely and correctly follow medication procedures.
152.4Medication administration must be taught by a registered nurse, clinical nurse
152.5specialist, certified nurse practitioner, physician's assistant, or physician if, at the time of
152.6service initiation or any time thereafter, the person has or develops a health care condition
152.7that affects the service options available to the person because the condition requires:
152.8(1) specialized or intensive medical or nursing supervision; and
152.9(2) nonmedical service providers to adapt their services to accommodate the health
152.10and safety needs of the person.
152.11(e) The staff person must review and receive instruction on the safe and correct
152.12operation of medical equipment used by the person to sustain life or to monitor a medical
152.13condition that could become life-threatening without proper use of the medical equipment,
152.14including but not limited to ventilators, feeding tubes, or endotracheal tubes. The training
152.15must be provided by a licensed health care professional or a manufacturer's representative
152.16and incorporate an observed skill assessment to ensure staff demonstrate the ability to
152.17safely and correctly operate the equipment according to the treatment orders and the
152.18manufacturer's instructions.
152.19(f) The staff person must review and receive instruction on what constitutes use of
152.20restraints, time out, and seclusion, including chemical restraint, and staff responsibilities
152.21related to the prohibitions of their use according to the requirements in section 245D.06,
152.22subdivision 5, why such procedures are not effective for reducing or eliminating symptoms
152.23or undesired behavior and why they are not safe, and the safe and correct use of manual
152.24restraint on an emergency basis according to the requirements in section 245D.061.
152.25(g) In the event of an emergency service initiation, the license holder must ensure
152.26the training required in this subdivision occurs within 72 hours of the direct support staff
152.27person first having unsupervised contact with the person receiving services. The license
152.28holder must document the reason for the unplanned or emergency service initiation and
152.29maintain the documentation in the person's service recipient record.
152.30(h) (g) License holders who provide direct support services themselves must
152.31complete the orientation required in subdivision 4, clauses (3) to (7) (10).

152.32    Sec. 17. Minnesota Statutes 2013 Supplement, section 245D.09, subdivision 5, is
152.33amended to read:
152.34    Subd. 5. Annual training. A license holder must provide annual training to direct
152.35support staff on the topics identified in subdivision 4, clauses (3) to (7), and subdivision
153.14a (10). A license holder must provide a minimum of 24 hours of annual training to
153.2direct service staff with providing intensive services and having fewer than five years
153.3of documented experience and 12 hours of annual training to direct service staff with
153.4 providing intensive services and having five or more years of documented experience in
153.5topics described in subdivisions 4 and 4a, paragraphs (a) to (h) (g). Training on relevant
153.6topics received from sources other than the license holder may count toward training
153.7requirements. A license holder must provide a minimum of 12 hours of annual training
153.8to direct service staff providing basic services and having fewer than five years of
153.9documented experience and six hours of annual training to direct service staff providing
153.10basic services and having five or more years of documented experience.

153.11    Sec. 18. Minnesota Statutes 2013 Supplement, section 245D.095, subdivision 3,
153.12is amended to read:
153.13    Subd. 3. Service recipient record. (a) The license holder must maintain a record of
153.14current services provided to each person on the premises where the services are provided
153.15or coordinated. When the services are provided in a licensed facility, the records must
153.16be maintained at the facility, otherwise the records must be maintained at the license
153.17holder's program office. The license holder must protect service recipient records against
153.18loss, tampering, or unauthorized disclosure according to the requirements in sections
153.1913.01 to 13.10 and 13.46.
153.20(b) The license holder must maintain the following information for each person:
153.21(1) an admission form signed by the person or the person's legal representative
153.22that includes:
153.23(i) identifying information, including the person's name, date of birth, address,
153.24and telephone number; and
153.25(ii) the name, address, and telephone number of the person's legal representative, if
153.26any, and a primary emergency contact, the case manager, and family members or others as
153.27identified by the person or case manager;
153.28(2) service information, including service initiation information, verification of the
153.29person's eligibility for services, documentation verifying that services have been provided
153.30as identified in the coordinated service and support plan or coordinated service and support
153.31plan addendum according to paragraph (a), and date of admission or readmission;
153.32(3) health information, including medical history, special dietary needs, and
153.33allergies, and when the license holder is assigned responsibility for meeting the person's
153.34health service needs according to section 245D.05:
154.1(i) current orders for medication, treatments, or medical equipment and a signed
154.2authorization from the person or the person's legal representative to administer or assist in
154.3administering the medication or treatments, if applicable;
154.4(ii) a signed statement authorizing the license holder to act in a medical emergency
154.5when the person's legal representative, if any, cannot be reached or is delayed in arriving;
154.6(iii) medication administration procedures;
154.7(iv) a medication administration record documenting the implementation of the
154.8medication administration procedures, and the medication administration record reviews,
154.9including any agreements for administration of injectable medications by the license
154.10holder according to the requirements in section 245D.05; and
154.11(v) a medical appointment schedule when the license holder is assigned
154.12responsibility for assisting with medical appointments;
154.13(4) the person's current coordinated service and support plan or that portion of the
154.14plan assigned to the license holder;
154.15(5) copies of the individual abuse prevention plan and assessments as required under
154.16section 245D.071, subdivisions 2 and subdivision 3;
154.17(6) a record of other service providers serving the person when the person's
154.18coordinated service and support plan or coordinated service and support plan addendum
154.19identifies the need for coordination between the service providers, that includes a contact
154.20person and telephone numbers, services being provided, and names of staff responsible for
154.21coordination;
154.22(7) documentation of orientation to service recipient rights according to section
154.23245D.04, subdivision 1 , and maltreatment reporting policies and procedures according to
154.24section 245A.65, subdivision 1, paragraph (c);
154.25(8) copies of authorizations to handle a person's funds, according to section 245D.06,
154.26subdivision 4, paragraph (a);
154.27(9) documentation of complaints received and grievance resolution;
154.28(10) incident reports involving the person, required under section 245D.06,
154.29subdivision 1;
154.30(11) copies of written reports regarding the person's status when requested according
154.31to section 245D.07, subdivision 3, progress review reports as required under section
154.32245D.071, subdivision 5 , progress or daily log notes that are recorded by the program,
154.33and reports received from other agencies involved in providing services or care to the
154.34person; and
154.35(12) discharge summary, including service termination notice and related
154.36documentation, when applicable.

155.1    Sec. 19. Minnesota Statutes 2013 Supplement, section 245D.22, subdivision 4, is
155.2amended to read:
155.3    Subd. 4. First aid must be available on site. (a) A staff person trained in first
155.4aid must be available on site and, when required in a person's coordinated service and
155.5support plan or coordinated service and support plan addendum, be able to provide
155.6cardiopulmonary resuscitation, whenever persons are present and staff are required to be
155.7at the site to provide direct service. The CPR training must include in-person instruction,
155.8hands-on practice, and an observed skills assessment under the direct supervision of a
155.9CPR instructor.
155.10(b) A facility must have first aid kits readily available for use by, and that meet
155.11the needs of, persons receiving services and staff. At a minimum, the first aid kit must
155.12be equipped with accessible first aid supplies including bandages, sterile compresses,
155.13scissors, an ice bag or cold pack, an oral or surface thermometer, mild liquid soap,
155.14adhesive tape, and first aid manual.

155.15    Sec. 20. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 3, is
155.16amended to read:
155.17    Subd. 3. Staff ratio requirement for each person receiving services. The case
155.18manager, in consultation with the interdisciplinary team, must determine at least once each
155.19year which of the ratios in subdivisions 4, 5, and 6 is appropriate for each person receiving
155.20services on the basis of the characteristics described in subdivisions 4, 5, and 6. The ratio
155.21assigned each person and the documentation of how the ratio was arrived at must be kept
155.22in each person's individual service plan. Documentation must include an assessment of the
155.23person with respect to the characteristics in subdivisions 4, 5, and 6 recorded on a standard
155.24assessment form required by the commissioner.

155.25    Sec. 21. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 4, is
155.26amended to read:
155.27    Subd. 4. Person requiring staff ratio of one to four. A person must be assigned a
155.28staff ratio requirement of one to four if:
155.29(1) on a daily basis the person requires total care and monitoring or constant
155.30hand-over-hand physical guidance to successfully complete at least three of the following
155.31activities: toileting, communicating basic needs, eating, ambulating; or is not capable of
155.32taking appropriate action for self-preservation under emergency conditions; or
155.33(2) the person engages in conduct that poses an imminent risk of physical harm to
155.34self or others at a documented level of frequency, intensity, or duration requiring frequent
156.1daily ongoing intervention and monitoring as established in the person's coordinated
156.2service and support plan or coordinated service and support plan addendum.

156.3    Sec. 22. Minnesota Statutes 2013 Supplement, section 245D.31, subdivision 5, is
156.4amended to read:
156.5    Subd. 5. Person requiring staff ratio of one to eight. A person must be assigned a
156.6staff ratio requirement of one to eight if:
156.7(1) the person does not meet the requirements in subdivision 4; and
156.8(2) on a daily basis the person requires verbal prompts or spot checks and minimal
156.9or no physical assistance to successfully complete at least four three of the following
156.10activities: toileting, communicating basic needs, eating, or ambulating, or taking
156.11appropriate action for self-preservation under emergency conditions.

156.12    Sec. 23. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to
156.13read:
156.14    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
156.15must meet the following requirements:
156.16    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
156.17of age with these additional requirements:
156.18    (i) supervision by a qualified professional every 60 days; and
156.19    (ii) employment by only one personal care assistance provider agency responsible
156.20for compliance with current labor laws;
156.21    (2) be employed by a personal care assistance provider agency;
156.22    (3) enroll with the department as a personal care assistant after clearing a background
156.23study. Except as provided in subdivision 11a, before a personal care assistant provides
156.24services, the personal care assistance provider agency must initiate a background study on
156.25the personal care assistant under chapter 245C, and the personal care assistance provider
156.26agency must have received a notice from the commissioner that the personal care assistant
156.27is:
156.28    (i) not disqualified under section 245C.14; or
156.29    (ii) is disqualified, but the personal care assistant has received a set aside of the
156.30disqualification under section 245C.22;
156.31    (4) be able to effectively communicate with the recipient and personal care
156.32assistance provider agency;
156.33    (5) be able to provide covered personal care assistance services according to the
156.34recipient's personal care assistance care plan, respond appropriately to recipient needs,
157.1and report changes in the recipient's condition to the supervising qualified professional
157.2or physician;
157.3    (6) not be a consumer of personal care assistance services;
157.4    (7) maintain daily written records including, but not limited to, time sheets under
157.5subdivision 12;
157.6    (8) effective January 1, 2010, complete standardized training as determined
157.7by the commissioner before completing enrollment. The training must be available
157.8in languages other than English and to those who need accommodations due to
157.9disabilities. Personal care assistant training must include successful completion of the
157.10following training components: basic first aid, vulnerable adult, child maltreatment,
157.11OSHA universal precautions, basic roles and responsibilities of personal care assistants
157.12including information about assistance with lifting and transfers for recipients, emergency
157.13preparedness, orientation to positive behavioral practices, fraud issues, and completion of
157.14time sheets. Upon completion of the training components, the personal care assistant must
157.15demonstrate the competency to provide assistance to recipients;
157.16    (9) complete training and orientation on the needs of the recipient; and
157.17    (10) be limited to providing and being paid for up to 275 hours per month of personal
157.18care assistance services regardless of the number of recipients being served or the number
157.19of personal care assistance provider agencies enrolled with. The number of hours worked
157.20per day shall not be disallowed by the department unless in violation of the law.
157.21    (b) A legal guardian may be a personal care assistant if the guardian is not being paid
157.22for the guardian services and meets the criteria for personal care assistants in paragraph (a).
157.23    (c) Persons who do not qualify as a personal care assistant include parents,
157.24stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
157.25foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a;
157.26and staff of a residential setting. When the personal care assistant is a relative of the
157.27recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
157.28effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
157.29parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
157.30a grandchild.
157.31EFFECTIVE DATE.This section is effective the day following final enactment.

157.32    Sec. 24. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to
157.33read:
157.34    Subd. 28. Personal care assistance provider agency; required documentation.
157.35(a) Required documentation must be completed and kept in the personal care assistance
158.1provider agency file or the recipient's home residence. The required documentation
158.2consists of:
158.3(1) employee files, including:
158.4(i) applications for employment;
158.5(ii) background study requests and results;
158.6(iii) orientation records about the agency policies;
158.7(iv) trainings completed with demonstration of competence;
158.8(v) supervisory visits;
158.9(vi) evaluations of employment; and
158.10(vii) signature on fraud statement;
158.11(2) recipient files, including:
158.12(i) demographics;
158.13(ii) emergency contact information and emergency backup plan;
158.14(iii) personal care assistance service plan;
158.15(iv) personal care assistance care plan;
158.16(v) month-to-month service use plan;
158.17(vi) all communication records;
158.18(vii) start of service information, including the written agreement with recipient; and
158.19(viii) date the home care bill of rights was given to the recipient;
158.20(3) agency policy manual, including:
158.21(i) policies for employment and termination;
158.22(ii) grievance policies with resolution of consumer grievances;
158.23(iii) staff and consumer safety;
158.24(iv) staff misconduct; and
158.25(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
158.26resolution of consumer grievances;
158.27(4) time sheets for each personal care assistant along with completed activity sheets
158.28for each recipient served; and
158.29(5) agency marketing and advertising materials and documentation of marketing
158.30activities and costs; and.
158.31(6) for each personal care assistant, whether or not the personal care assistant is
158.32providing care to a relative as defined in subdivision 11.
158.33(b) The commissioner may assess a fine of up to $500 on provider agencies that do
158.34not consistently comply with the requirements of this subdivision.
158.35EFFECTIVE DATE.This section is effective the day following final enactment.

159.1    Sec. 25. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1,
159.2is amended to read:
159.3    Subdivision 1. Essential community supports. (a) The purpose of the essential
159.4community supports program is to provide targeted services to persons age 65 and older
159.5who need essential community support, but whose needs do not meet the level of care
159.6required for nursing facility placement under section 144.0724, subdivision 11.
159.7(b) Essential community supports are available not to exceed $400 per person per
159.8month. Essential community supports may be used as authorized within an authorization
159.9period not to exceed 12 months. Services must be available to a person who:
159.10(1) is age 65 or older;
159.11(2) is not eligible for medical assistance;
159.12(3) has received a community assessment under section 256B.0911, subdivision 3a
159.13or 3b, and does not require the level of care provided in a nursing facility;
159.14(4) meets the financial eligibility criteria for the alternative care program under
159.15section 256B.0913, subdivision 4;
159.16(5) has a community support plan; and
159.17(6) has been determined by a community assessment under section 256B.0911,
159.18subdivision 3a or 3b, to be a person who would require provision of at least one of the
159.19following services, as defined in the approved elderly waiver plan, in order to maintain
159.20their community residence:
159.21(i) caregiver support;
159.22(ii) adult day services;
159.23(ii) (iii) homemaker support;
159.24(iii) (iv) chores;
159.25(iv) (v) a personal emergency response device or system;
159.26(v) (vi) home-delivered meals; or
159.27(vi) (vii) community living assistance as defined by the commissioner.
159.28(c) The person receiving any of the essential community supports in this subdivision
159.29must also receive service coordination, not to exceed $600 in a 12-month authorization
159.30period, as part of their community support plan.
159.31(d) A person who has been determined to be eligible for essential community
159.32supports must be reassessed at least annually and continue to meet the criteria in paragraph
159.33(b) to remain eligible for essential community supports.
159.34(e) The commissioner is authorized to use federal matching funds for essential
159.35community supports as necessary and to meet demand for essential community supports
160.1as outlined in subdivision 2, and that amount of federal funds is appropriated to the
160.2commissioner for this purpose.

160.3    Sec. 26. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10,
160.4is amended to read:
160.5    Subd. 10. Enrollment requirements. All (a) Except as provided in paragraph (b),
160.6the following home and community-based waiver providers must provide, at the time of
160.7enrollment and within 30 days of a request, in a format determined by the commissioner,
160.8information and documentation that includes, but is not limited to, the following:
160.9(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
160.10provider's payments from Medicaid in the previous calendar year, whichever is greater;
160.11(2) proof of fidelity bond coverage in the amount of $20,000; and
160.12(3) proof of liability insurance.:
160.13(1) waiver services providers required to meet the provider standards in chapter 245D;
160.14(2) foster care providers whose services are funded by the elderly waiver or
160.15alternative care program;
160.16(3) fiscal support entities;
160.17(4) adult day care providers;
160.18(5) providers of customized living services; and
160.19(6) residential care providers.
160.20(b) Providers of foster care services covered by section 245.814 are exempt from
160.21this subdivision.
160.22EFFECTIVE DATE.This section is effective the day following final enactment.

160.23    Sec. 27. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
160.24256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
160.25WITH DISABILITIES.
160.26(a) Individuals receiving services under a home and community-based waiver under
160.27section 256B.092 or 256B.49 may receive services in the following settings:
160.28(1) an individual's own home or family home;
160.29(2) a licensed adult foster care or child foster care setting of up to five people or
160.30community residential setting of up to five people; and
160.31(3) community living settings as defined in section 256B.49, subdivision 23, where
160.32individuals with disabilities may reside in all of the units in a building of four or fewer
160.33units, and no more than the greater of four or 25 percent of the units in a multifamily
161.1building of more than four units, unless required by the Housing Opportunities for Persons
161.2with AIDS Program.
161.3(b) The settings in paragraph (a) must not:
161.4(1) be located in a building that is a publicly or privately operated facility that
161.5provides institutional treatment or custodial care;
161.6(2) be located in a building on the grounds of or adjacent to a public or private
161.7institution;
161.8(3) be a housing complex designed expressly around an individual's diagnosis or
161.9disability, unless required by the Housing Opportunities for Persons with AIDS Program;
161.10(4) be segregated based on a disability, either physically or because of setting
161.11characteristics, from the larger community; and
161.12(5) have the qualities of an institution which include, but are not limited to:
161.13regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
161.14agreed to and documented in the person's individual service plan shall not result in a
161.15residence having the qualities of an institution as long as the restrictions for the person are
161.16not imposed upon others in the same residence and are the least restrictive alternative,
161.17imposed for the shortest possible time to meet the person's needs.
161.18(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
161.19individuals receive services under a home and community-based waiver as of July 1,
161.202012, and the setting does not meet the criteria of this section.
161.21(d) Notwithstanding paragraph (c), a program in Hennepin County established as
161.22part of a Hennepin County demonstration project is qualified for the exception allowed
161.23under paragraph (c).
161.24(e) The commissioner shall submit an amendment to the waiver plan no later than
161.25December 31, 2012.

161.26    Sec. 28. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
161.27    Subdivision 1. Commissioner's duties; report. The commissioner of human
161.28services shall solicit proposals for the conversion of services provided for persons with
161.29disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or
161.30community residential settings licensed under chapter 245D, to other types of community
161.31settings in conjunction with the closure of identified licensed adult foster care settings.

161.32    Sec. 29. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
161.33    Subd. 1e. Rules regarding emergency assistance. The commissioner shall adopt
161.34rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use
162.1of the emergency program under MFIP as the primary financial resource when available.
162.2The commissioner shall adopt rules for eligibility for general assistance of persons with
162.3seasonal income and may attribute seasonal income to other periods not in excess of one
162.4year from receipt by an applicant or recipient. General assistance payments may not be
162.5made for foster care, community residential settings licensed under chapter 245D, child
162.6welfare services, or other social services. Vendor payments and vouchers may be issued
162.7only as authorized in sections 256D.05, subdivision 6, and 256D.09.

162.8    Sec. 30. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
162.9    Subd. 6. Excluded time. "Excluded time" means:
162.10(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
162.11other than an emergency shelter, halfway house, foster home, community residential
162.12setting licensed under chapter 245D, semi-independent living domicile or services
162.13program, residential facility offering care, board and lodging facility or other institution
162.14for the hospitalization or care of human beings, as defined in section 144.50, 144A.01,
162.15or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional
162.16facility; or any facility based on an emergency hold under sections 253B.05, subdivisions
162.171 and 2, and 253B.07, subdivision 6;
162.18(2) any period an applicant spends on a placement basis in a training and habilitation
162.19program, including: a rehabilitation facility or work or employment program as defined
162.20in section 268A.01; semi-independent living services provided under section 252.275,
162.21and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation
162.22programs and assisted living services; and
162.23(3) any placement for a person with an indeterminate commitment, including
162.24independent living.

162.25    Sec. 31. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
162.26    Subd. 3. Group residential housing. "Group residential housing" means a group
162.27living situation that provides at a minimum room and board to unrelated persons who
162.28meet the eligibility requirements of section 256I.04. This definition includes foster care
162.29settings or community residential settings for a single adult. To receive payment for a
162.30group residence rate, the residence must meet the requirements under section 256I.04,
162.31subdivision 2a
.

162.32    Sec. 32. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
163.1    Subd. 2a. License required. A county agency may not enter into an agreement with
163.2an establishment to provide group residential housing unless:
163.3(1) the establishment is licensed by the Department of Health as a hotel and
163.4restaurant; a board and lodging establishment; a residential care home; a boarding care
163.5home before March 1, 1985; or a supervised living facility, and the service provider
163.6for residents of the facility is licensed under chapter 245A. However, an establishment
163.7licensed by the Department of Health to provide lodging need not also be licensed to
163.8provide board if meals are being supplied to residents under a contract with a food vendor
163.9who is licensed by the Department of Health;
163.10(2) the residence is: (i) licensed by the commissioner of human services under
163.11Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
163.12agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
163.13to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules,
163.14parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or
163.15(iv) licensed under section 245D.02, subdivision 4a, as a community residential setting
163.16by the commissioner of human services;
163.17(3) the establishment is registered under chapter 144D and provides three meals a
163.18day, or is an establishment voluntarily registered under section 144D.025 as a supportive
163.19housing establishment; or
163.20(4) an establishment voluntarily registered under section 144D.025, other than
163.21a supportive housing establishment under clause (3), is not eligible to provide group
163.22residential housing.
163.23The requirements under clauses (1) to (4) do not apply to establishments exempt
163.24from state licensure because they are located on Indian reservations and subject to tribal
163.25health and safety requirements.

163.26    Sec. 33. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
163.27amended to read:
163.28    Subd. 9. Common entry point designation. (a) Each county board shall designate a
163.29common entry point for reports of suspected maltreatment, for use until the commissioner
163.30of human services establishes a common entry point. Two or more county boards may
163.31jointly designate a single common entry point. The commissioner of human services shall
163.32establish a common entry point effective July 1, 2014 no sooner than January 1, 2015.
163.33The common entry point is the unit responsible for receiving the report of suspected
163.34maltreatment under this section.
164.1(b) The common entry point must be available 24 hours per day to take calls from
164.2reporters of suspected maltreatment. The common entry point shall use a standard intake
164.3form that includes:
164.4(1) the time and date of the report;
164.5(2) the name, address, and telephone number of the person reporting;
164.6(3) the time, date, and location of the incident;
164.7(4) the names of the persons involved, including but not limited to, perpetrators,
164.8alleged victims, and witnesses;
164.9(5) whether there was a risk of imminent danger to the alleged victim;
164.10(6) a description of the suspected maltreatment;
164.11(7) the disability, if any, of the alleged victim;
164.12(8) the relationship of the alleged perpetrator to the alleged victim;
164.13(9) whether a facility was involved and, if so, which agency licenses the facility;
164.14(10) any action taken by the common entry point;
164.15(11) whether law enforcement has been notified;
164.16(12) whether the reporter wishes to receive notification of the initial and final
164.17reports; and
164.18(13) if the report is from a facility with an internal reporting procedure, the name,
164.19mailing address, and telephone number of the person who initiated the report internally.
164.20(c) The common entry point is not required to complete each item on the form prior
164.21to dispatching the report to the appropriate lead investigative agency.
164.22(d) The common entry point shall immediately report to a law enforcement agency
164.23any incident in which there is reason to believe a crime has been committed.
164.24(e) If a report is initially made to a law enforcement agency or a lead investigative
164.25agency, those agencies shall take the report on the appropriate common entry point intake
164.26forms and immediately forward a copy to the common entry point.
164.27(f) The common entry point staff must receive training on how to screen and
164.28dispatch reports efficiently and in accordance with this section.
164.29(g) The commissioner of human services shall maintain a centralized database
164.30for the collection of common entry point data, lead investigative agency data including
164.31maltreatment report disposition, and appeals data. The common entry point shall
164.32have access to the centralized database and must log the reports into the database and
164.33immediately identify and locate prior reports of abuse, neglect, or exploitation.
164.34(h) When appropriate, the common entry point staff must refer calls that do not
164.35allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
164.36that might resolve the reporter's concerns.
165.1(i) A common entry point must be operated in a manner that enables the
165.2commissioner of human services to:
165.3(1) track critical steps in the reporting, evaluation, referral, response, disposition,
165.4and investigative process to ensure compliance with all requirements for all reports;
165.5(2) maintain data to facilitate the production of aggregate statistical reports for
165.6monitoring patterns of abuse, neglect, or exploitation;
165.7(3) serve as a resource for the evaluation, management, and planning of preventative
165.8and remedial services for vulnerable adults who have been subject to abuse, neglect,
165.9or exploitation;
165.10(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
165.11of the common entry point; and
165.12(5) track and manage consumer complaints related to the common entry point.
165.13(j) The commissioners of human services and health shall collaborate on the
165.14creation of a system for referring reports to the lead investigative agencies. This system
165.15shall enable the commissioner of human services to track critical steps in the reporting,
165.16evaluation, referral, response, disposition, investigation, notification, determination, and
165.17appeal processes.
165.18EFFECTIVE DATE.This section is effective the day following final enactment.

165.19    Sec. 34. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective
165.20date, is amended to read:
165.21EFFECTIVE DATE.This section is effective January 1, 2014, for adults age 21 or
165.22older, and October 1, 2019, for children age 16 to before the child's 21st birthday.

165.23    Sec. 35. Laws 2013, chapter 108, article 7, section 60, is amended to read:
165.24    Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL
165.251, 2014.
165.26(a) The commissioner of human services shall increase reimbursement rates, grants,
165.27allocations, individual limits, and rate limits, as applicable, by one percent for the rate
165.28period beginning April 1, 2014, for services rendered on or after those dates. County or
165.29tribal contracts for services specified in this section must be amended to pass through
165.30these rate increases within 60 days of the effective date.
165.31(b) The rate changes described in this section must be provided to:
166.1(1) home and community-based waivered services for persons with developmental
166.2disabilities or related conditions, including consumer-directed community supports, under
166.3Minnesota Statutes, section 256B.501;
166.4(2) waivered services under community alternatives for disabled individuals,
166.5including consumer-directed community supports, under Minnesota Statutes, section
166.6256B.49 ;
166.7(3) community alternative care waivered services, including consumer-directed
166.8community supports, under Minnesota Statutes, section 256B.49;
166.9(4) brain injury waivered services, including consumer-directed community
166.10supports, under Minnesota Statutes, section 256B.49;
166.11(5) home and community-based waivered services for the elderly under Minnesota
166.12Statutes, section 256B.0915;
166.13(6) nursing services and home health services under Minnesota Statutes, section
166.14256B.0625, subdivision 6a ;
166.15(7) personal care services and qualified professional supervision of personal care
166.16services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
166.17(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
166.18subdivision 7
;
166.19(9) day training and habilitation services for adults with developmental disabilities
166.20or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
166.21additional cost of rate adjustments on day training and habilitation services, provided as a
166.22social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
166.23(10) alternative care services under Minnesota Statutes, section 256B.0913, and
166.24essential community supports under Minnesota Statutes, section 256B.0922;
166.25(11) living skills training programs for persons with intractable epilepsy who need
166.26assistance in the transition to independent living under Laws 1988, chapter 689;
166.27(12) semi-independent living services (SILS) under Minnesota Statutes, section
166.28252.275 , including SILS funding under county social services grants formerly funded
166.29under Minnesota Statutes, chapter 256M;
166.30(13) consumer support grants under Minnesota Statutes, section 256.476;
166.31(14) family support grants under Minnesota Statutes, section 252.32;
166.32(15) housing access grants under Minnesota Statutes, sections 256B.0658 and
166.33256B.0917, subdivision 14 ;
166.34(16) self-advocacy grants under Laws 2009, chapter 101;
166.35(17) technology grants under Laws 2009, chapter 79;
167.1(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
167.2and 256B.0928; and
167.3(19) community support services for deaf and hard-of-hearing adults with mental
167.4illness who use or wish to use sign language as their primary means of communication
167.5under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
167.6grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9;
167.7and Laws 1997, First Special Session chapter 5, section 20.
167.8(c) A managed care plan receiving state payments for the services in this section
167.9must include these increases in their payments to providers. To implement the rate increase
167.10in this section, capitation rates paid by the commissioner to managed care organizations
167.11under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the
167.12specified services for the period beginning April 1, 2014.
167.13(d) Counties shall increase the budget for each recipient of consumer-directed
167.14community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
167.15EFFECTIVE DATE.This section is effective retroactively from April 1, 2014.

167.16    Sec. 36. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN
167.17IMPLEMENTATION.
167.18The autism spectrum disorder statewide strategic plan developed by the Minnesota
167.19Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively
167.20by the commissioners of education, employment and economic development, health, and
167.21human services. Within existing funding, the commissioners shall:
167.22(1) work across state agencies and with key stakeholders to implement the strategic
167.23plan;
167.24(2) prepare progress reports on the implementation of the plan twice per year and
167.25make the progress reports available to the public; and
167.26(3) provide two opportunities per year for interested parties, including, but not
167.27limited to, individuals with autism, family members of individuals with autism spectrum
167.28disorder, underserved and diverse communities impacted by autism spectrum disorder,
167.29medical professionals, health plans, service providers, and schools, to provide input on
167.30the implementation of the strategic plan.
167.31EFFECTIVE DATE.This section is effective the day following final enactment.

167.32    Sec. 37. REPEALER.
168.1(a) Minnesota Statutes 2013 Supplement, section 245D.071, subdivision 2, is
168.2repealed.
168.3(b) Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1,
168.42, 3, and 4, are repealed effective the day following final enactment.

168.5ARTICLE 9
168.6HEALTH CARE

168.7    Section 1. Minnesota Statutes 2012, section 256.962, is amended by adding a
168.8subdivision to read:
168.9    Subd. 9. Payment to navigators. A navigator is limited to one payment or fee
168.10for assistance with an individual application, regardless of whether the application is
168.11submitted or processed more than once.

168.12    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0625, subdivision 9,
168.13is amended to read:
168.14    Subd. 9. Dental services. (a) Medical assistance covers dental services.
168.15    (b) Medical assistance dental coverage for nonpregnant adults is limited to the
168.16following services:
168.17    (1) comprehensive exams, limited to once every five years;
168.18    (2) periodic exams, limited to one per year;
168.19    (3) limited exams;
168.20    (4) bitewing x-rays, limited to one per year;
168.21    (5) periapical x-rays;
168.22    (6) panoramic x-rays, limited to one every five years except (1) when medically
168.23necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma
168.24or (2) once every two years for patients who cannot cooperate for intraoral film due to
168.25a developmental disability or medical condition that does not allow for intraoral film
168.26placement;
168.27    (7) prophylaxis, limited to one per year;
168.28    (8) application of fluoride varnish, limited to one per year;
168.29    (9) posterior fillings, all at the amalgam rate;
168.30    (10) anterior fillings;
168.31    (11) endodontics, limited to root canals on the anterior and premolars only;
168.32    (12) removable prostheses, each dental arch limited to one every six years;
168.33    (13) oral surgery, limited to extractions, biopsies, and incision and drainage of
168.34abscesses;
169.1    (14) palliative treatment and sedative fillings for relief of pain; and
169.2    (15) full-mouth debridement, limited to one every five years.
169.3    (c) In addition to the services specified in paragraph (b), medical assistance
169.4covers the following services for adults, if provided in an outpatient hospital setting or
169.5freestanding ambulatory surgical center as part of outpatient dental surgery:
169.6    (1) periodontics, limited to periodontal scaling and root planing once every two years;
169.7    (2) general anesthesia; and
169.8    (3) full-mouth survey once every five years.
169.9    (d) Medical assistance covers medically necessary dental services for children and
169.10pregnant women. The following guidelines apply:
169.11    (1) posterior fillings are paid at the amalgam rate;
169.12    (2) application of sealants are covered once every five years per permanent molar for
169.13children only;
169.14    (3) application of fluoride varnish is covered once every six months; and
169.15    (4) orthodontia is eligible for coverage for children only.
169.16    (e) In addition to the services specified in paragraphs (b) and (c), medical assistance
169.17covers the following services for adults:
169.18    (1) house calls or extended care facility calls for on-site delivery of covered services;
169.19    (2) behavioral management when additional staff time is required to accommodate
169.20behavioral challenges and sedation is not used;
169.21    (3) oral or IV sedation, if the covered dental service cannot be performed safely
169.22without it or would otherwise require the service to be performed under general anesthesia
169.23in a hospital or surgical center; and
169.24    (4) prophylaxis, in accordance with an appropriate individualized treatment plan, but
169.25no more than four times per year.
169.26    (f) The commissioner shall not require prior authorization for the services included
169.27in paragraph (e), clauses (1) to (3), and shall prohibit managed care and county-based
169.28purchasing plans from requiring prior authorization for those services when provided
169.29under sections 256B.69, 256B.692, and 256L.12.

169.30    Sec. 3. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to read:
169.31    Subdivision 1. Definitions. (a) "Complex private duty home care nursing care"
169.32means home care nursing services provided to recipients who are ventilator dependent or
169.33for whom a physician has certified that the recipient would meet the criteria for inpatient
169.34hospital intensive care unit (ICU) level of care meet the criteria for regular home care
170.1nursing and require life-sustaining interventions to reduce the risk of long-term injury
170.2or death.
170.3(b) "Private duty Home care nursing" means ongoing professional physician-ordered
170.4hourly nursing services by a registered or licensed practical nurse including assessment,
170.5professional nursing tasks, and education, based on an assessment and physician orders
170.6to maintain or restore optimal health of the recipient. performed by a registered nurse or
170.7licensed practical nurse within the scope of practice as defined by the Minnesota Nurse
170.8Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's
170.9health.
170.10(c) "Private duty Home care nursing agency" means a medical assistance enrolled
170.11provider licensed under chapter 144A to provide private duty home care nursing services.
170.12(d) "Regular private duty home care nursing" means nursing services provided to
170.13a recipient who is considered stable and not at an inpatient hospital intensive care unit
170.14level of care, but may have episodes of instability that are not life threatening home care
170.15nursing provided because:
170.16(1) the recipient requires more individual and continuous care than can be provided
170.17during a skilled nurse visit; or
170.18(2) the cares are outside of the scope of services that can be provided by a home
170.19health aide or personal care assistant.
170.20(e) "Shared private duty home care nursing" means the provision of home care
170.21nursing services by a private duty home care nurse to two recipients at the same time
170.22and in the same setting.
170.23EFFECTIVE DATE.This section is effective July 1, 2014.

170.24    Sec. 4. Minnesota Statutes 2012, section 256B.0751, is amended by adding a
170.25subdivision to read:
170.26    Subd. 10. Health care homes advisory committee. (a) The commissioners of
170.27health and human services shall establish a health care homes advisory committee to
170.28advise the commissioners on the ongoing statewide implementation of the health care
170.29homes program authorized in this section.
170.30(b) The commissioners shall establish an advisory committee that includes
170.31representatives of the health care professions such as primary care providers; mental
170.32health providers; nursing and care coordinators; certified health care home clinics with
170.33statewide representation; health plan companies; state agencies; employers; academic
170.34researchers; consumers; and organizations that work to improve health care quality in
171.1Minnesota. At least 25 percent of the committee members must be consumers or patients
171.2in health care homes.
171.3(c) The advisory committee shall advise the commissioners on ongoing
171.4implementation of the health care homes program, including, but not limited to, the
171.5following activities:
171.6(1) implementation of certified health care homes across the state on performance
171.7management and implementation of benchmarking;
171.8(2) implementation of modifications to the health care homes program based on
171.9results of the legislatively mandated health care home evaluation;
171.10(3) statewide solutions for engagement of employers and commercial payers;
171.11(4) potential modifications of the health care home rules or statutes;
171.12(5) consumer engagement, including patient and family-centered care, patient
171.13activation in health care, and shared decision making;
171.14(6) oversight for health care home subject matter task forces or workgroups; and
171.15(7) other related issues as requested by the commissioners.
171.16(d) The advisory committee shall have the ability to establish subcommittees on
171.17specific topics. The advisory committee is governed by section 15.059. Notwithstanding
171.18section 15.059, the advisory committee does not expire.

171.19    Sec. 5. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision
171.20to read:
171.21    Subd. 35. Statewide procurement. (a) For calendar year 2015, the commissioner
171.22may extend a demonstration provider's contract under this section for a sixth year after
171.23the most recent procurement. For calendar year 2015, section 16B.98, subdivision
171.245, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to
171.25contracts under this section.
171.26(b) For calendar year 2016 contracts under this section, the commissioner shall
171.27procure through a statewide procurement, which includes all 87 counties, demonstration
171.28providers, and participating entities as defined in section 256L.01, subdivision 7. The
171.29commissioner shall publish a request for proposals by January 5, 2015. As part of the
171.30procurement process, the commissioner shall:
171.31(1) seek each individual county's input regarding the respondent's network of health
171.32care providers;
171.33(2) organize counties into regional groups, or single counties for the largest and
171.34most diverse counties, and seek each regional group's or county's input regarding the
171.35respondent's ability to fully and adequately deliver required health care services; and
172.1(3) use a scoring system for evaluating respondents that at least considers:
172.2(i) the degree to which a respondent's health care provider network is contracted
172.3through total-cost-of-care contracts, risk-sharing arrangements, or other payment reforms
172.4designed to generate long-term savings;
172.5(ii) the degree to which a respondent has demonstrated mechanisms and processes to
172.6achieve integration of medical care, behavioral health care, and county social services,
172.7taking into account county input on the respondent's performance on these measures;
172.8(iii) the degree to which a respondent has a comprehensive quality program that is
172.9designed to ensure enrollee access to appropriate, high-quality, coordinated services;
172.10(iv) each county's input regarding a respondent's network of health care providers;
172.11(v) the demonstrated ability to respond to the needs of special populations within
172.12that geographic area and to have sufficient capacity to serve populations with unique
172.13language, cultural, or other needs;
172.14(vi) the degree to which the respondent is willing to commit to sufficient capacity in
172.15its network to meet the demand for evening and weekend appointments for populations
172.16unable to leave work for basic primary care;
172.17(vii) regional county group's input regarding a respondent's ability to fully and
172.18adequately deliver required health care services;
172.19(viii) a respondent's past performance on administrative requirements;
172.20(ix) a respondent's ability to assist an enrollee who may be transitioning between
172.21public health care programs and premium tax credits in the individual insurance market;
172.22(x) the total cost of a respondent's proposal; and
172.23(xi) any other criteria that the commissioner finds necessary to ensure compliance
172.24with federal law or to ensure that enrollees receive high-quality health care.

172.25    Sec. 6. Minnesota Statutes 2013 Supplement, section 256B.766, is amended to read:
172.26256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
172.27(a) Effective for services provided on or after July 1, 2009, total payments for basic
172.28care services, shall be reduced by three percent, except that for the period July 1, 2009,
172.29through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
172.30assistance and general assistance medical care programs, prior to third-party liability and
172.31spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical
172.32therapy services, occupational therapy services, and speech-language pathology and
172.33related services as basic care services. The reduction in this paragraph shall apply to
172.34physical therapy services, occupational therapy services, and speech-language pathology
172.35and related services provided on or after July 1, 2010.
173.1(b) Payments made to managed care plans and county-based purchasing plans shall
173.2be reduced for services provided on or after October 1, 2009, to reflect the reduction
173.3effective July 1, 2009, and payments made to the plans shall be reduced effective October
173.41, 2010, to reflect the reduction effective July 1, 2010.
173.5(c) Effective for services provided on or after September 1, 2011, through June 30,
173.62013, total payments for outpatient hospital facility fees shall be reduced by five percent
173.7from the rates in effect on August 31, 2011.
173.8(d) Effective for services provided on or after September 1, 2011, through June
173.930, 2013, total payments for ambulatory surgery centers facility fees, medical supplies
173.10and durable medical equipment not subject to a volume purchase contract, prosthetics
173.11and orthotics, renal dialysis services, laboratory services, public health nursing services,
173.12physical therapy services, occupational therapy services, speech therapy services,
173.13eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume
173.14purchase contract, and anesthesia services shall be reduced by three percent from the
173.15rates in effect on August 31, 2011.
173.16(e) Effective for services provided on or after September 1, 2014, payments for
173.17ambulatory surgery centers facility fees, medical supplies and durable medical equipment
173.18not subject to a volume purchase contract, prosthetics and orthotics, hospice services, renal
173.19dialysis services, laboratory services, public health nursing services, eyeglasses not subject
173.20to a volume purchase contract, and hearing aids not subject to a volume purchase contract
173.21shall be increased by three percent and payments for outpatient hospital facility fees shall
173.22be increased by three percent. Payments made to managed care plans and county-based
173.23purchasing plans shall not be adjusted to reflect payments under this paragraph.
173.24(f) This section does not apply to physician and professional services, inpatient
173.25hospital services, family planning services, mental health services, dental services,
173.26prescription drugs, medical transportation, federally qualified health centers, rural health
173.27centers, Indian health services, and Medicare cost-sharing.
173.28(g) Effective January 1, 2015, for purposes of this section, "basic care services"
173.29means: ambulatory surgical center facility services, medical supplies and durable medical
173.30equipment not subject to a volume purchase contract, prosthetics and orthotics, renal
173.31dialysis services, laboratory services, public health nursing services, eyeglasses and
173.32contacts not subject to a volume purchase contract, hearing aids not subject to a volume
173.33purchase contract, outpatient hospital facility services, and anesthesia services. For
173.34purposes of medical assistance and MinnesotaCare payment adjustments effective on or
173.35after January 1, 2015, the commissioner shall not classify medical supplies, durable medical
173.36equipment, prosthetics, and orthotics in any service category other than basic care services.

174.1    Sec. 7. DIRECTION TO COMMISSIONER; STRATEGIES TO ADDRESS
174.2CHRONIC CONDITIONS.
174.3The commissioner of human services shall incorporate strategies and activities in the
174.4Department of Human Service's planning efforts and design of the state Medicaid plan
174.5option under section 2703 of the Patient Protection and Affordable Care Act that address
174.6chronic medical or behavioral health conditions complicated by socioeconomic factors
174.7such as race, ethnicity, age, immigration, or language.

174.8    Sec. 8. REVISOR'S INSTRUCTION.
174.9The revisor of statutes shall change the term "private duty nursing" or similar terms
174.10to "home care nursing" or similar terms, and shall change the term "private duty nurse" to
174.11"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota
174.12Rules. The revisor shall also make grammatical changes related to the changes in terms.

174.13ARTICLE 10
174.14MISCELLANEOUS

174.15    Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21,
174.16is amended to read:
174.17    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for
174.18Medicare and Medicaid Services determines that a provider is designated "high-risk," the
174.19commissioner may withhold payment from providers within that category upon initial
174.20enrollment for a 90-day period. The withholding for each provider must begin on the date
174.21of the first submission of a claim.
174.22(b) An enrolled provider that is also licensed by the commissioner under chapter
174.23245A must designate an individual as the entity's compliance officer. The compliance
174.24officer must:
174.25(1) develop policies and procedures to assure adherence to medical assistance laws
174.26and regulations and to prevent inappropriate claims submissions;
174.27(2) train the employees of the provider entity, and any agents or subcontractors of
174.28the provider entity including billers, on the policies and procedures under clause (1);
174.29(3) respond to allegations of improper conduct related to the provision or billing of
174.30medical assistance services, and implement action to remediate any resulting problems;
174.31(4) use evaluation techniques to monitor compliance with medical assistance laws
174.32and regulations;
174.33(5) promptly report to the commissioner any identified violations of medical
174.34assistance laws or regulations; and
175.1    (6) within 60 days of discovery by the provider of a medical assistance
175.2reimbursement overpayment, report the overpayment to the commissioner and make
175.3arrangements with the commissioner for the commissioner's recovery of the overpayment.
175.4The commissioner may require, as a condition of enrollment in medical assistance, that a
175.5provider within a particular industry sector or category establish a compliance program that
175.6contains the core elements established by the Centers for Medicare and Medicaid Services.
175.7(c) The commissioner may revoke the enrollment of an ordering or rendering
175.8provider for a period of not more than one year, if the provider fails to maintain and, upon
175.9request from the commissioner, provide access to documentation relating to written orders
175.10or requests for payment for durable medical equipment, certifications for home health
175.11services, or referrals for other items or services written or ordered by such provider, when
175.12the commissioner has identified a pattern of a lack of documentation. A pattern means a
175.13failure to maintain documentation or provide access to documentation on more than one
175.14occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
175.15provider under the provisions of section 256B.064.
175.16(d) The commissioner shall terminate or deny the enrollment of any individual or
175.17entity if the individual or entity has been terminated from participation in Medicare or
175.18under the Medicaid program or Children's Health Insurance Program of any other state.
175.19(e) As a condition of enrollment in medical assistance, the commissioner shall
175.20require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
175.21and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
175.22Services, its agents, or its designated contractors and the state agency, its agents, or its
175.23designated contractors to conduct unannounced on-site inspections of any provider location.
175.24The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
175.25list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
175.26and standards used to designate Medicare providers in Code of Federal Regulations, title
175.2742, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
175.28The commissioner's designations are not subject to administrative appeal.
175.29(f) As a condition of enrollment in medical assistance, the commissioner shall
175.30require that a high-risk provider, or a person with a direct or indirect ownership interest in
175.31the provider of five percent or higher, consent to criminal background checks, including
175.32fingerprinting, when required to do so under state law or by a determination by the
175.33commissioner or the Centers for Medicare and Medicaid Services that a provider is
175.34designated high-risk for fraud, waste, or abuse.
175.35(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all
175.36durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
176.1 suppliers meeting the durable medical equipment provider and supplier definition in clause
176.2(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond
176.3that is annually renewed and designates the Minnesota Department of Human Services as
176.4the obligee, and must be submitted in a form approved by the commissioner. For purposes
176.5of this clause, the following medical suppliers are not required to obtain a surety bond:
176.6a federally qualified health center, a home health agency, the Indian Health Service, a
176.7pharmacy, and a rural health clinic.
176.8(2) At the time of initial enrollment or reenrollment, the provider agency durable
176.9medical equipment providers and suppliers defined in clause (3) must purchase a
176.10performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in
176.11the previous calendar year is up to and including $300,000, the provider agency must
176.12purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid
176.13revenue in the previous calendar year is over $300,000, the provider agency must purchase
176.14a performance surety bond of $100,000. The performance surety bond must allow for
176.15recovery of costs and fees in pursuing a claim on the bond.
176.16(3) "Durable medical equipment provider or supplier" means a medical supplier that
176.17can purchase medical equipment or supplies for sale or rental to the general public and
176.18is able to perform or arrange for necessary repairs to and maintenance of equipment
176.19offered for sale or rental.
176.20(h) The Department of Human Services may require a provider to purchase a
176.21performance surety bond as a condition of initial enrollment, reenrollment, reinstatement,
176.22or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
176.23department determines there is significant evidence of or potential for fraud and abuse by
176.24the provider, or (3) the provider or category of providers is designated high-risk pursuant
176.25to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
176.26performance surety bond must be in an amount of $100,000 or ten percent of the provider's
176.27payments from Medicaid during the immediately preceding 12 months, whichever is
176.28greater. The performance surety bond must name the Department of Human Services as
176.29an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.
176.30This paragraph does not apply if the provider already maintains a surety bond that meets
176.31the specifications of another surety bond requirement in this chapter.

176.32    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21,
176.33is amended to read:
176.34    Subd. 21. Requirements for provider enrollment of personal care assistance
176.35provider agencies. (a) All personal care assistance provider agencies must provide, at the
177.1time of enrollment, reenrollment, and revalidation as a personal care assistance provider
177.2agency in a format determined by the commissioner, information and documentation that
177.3includes, but is not limited to, the following:
177.4    (1) the personal care assistance provider agency's current contact information
177.5including address, telephone number, and e-mail address;
177.6    (2) proof of surety bond coverage. Upon new enrollment, or if the provider's
177.7Medicaid revenue in the previous calendar year is up to and including $300,000, the
177.8provider agency must purchase a performance surety bond of $50,000. If the Medicaid
177.9revenue in the previous year is over $300,000, the provider agency must purchase a
177.10performance surety bond of $100,000. The performance surety bond must be in a form
177.11approved by the commissioner, must be renewed annually, and must allow for recovery of
177.12costs and fees in pursuing a claim on the bond;
177.13    (3) proof of fidelity bond coverage in the amount of $20,000;
177.14    (4) proof of workers' compensation insurance coverage;
177.15    (5) proof of liability insurance;
177.16    (6) a description of the personal care assistance provider agency's organization
177.17identifying the names of all owners, managing employees, staff, board of directors, and
177.18the affiliations of the directors, owners, or staff to other service providers;
177.19    (7) a copy of the personal care assistance provider agency's written policies and
177.20procedures including: hiring of employees; training requirements; service delivery;
177.21and employee and consumer safety including process for notification and resolution
177.22of consumer grievances, identification and prevention of communicable diseases, and
177.23employee misconduct;
177.24    (8) copies of all other forms the personal care assistance provider agency uses in
177.25the course of daily business including, but not limited to:
177.26    (i) a copy of the personal care assistance provider agency's time sheet if the time
177.27sheet varies from the standard time sheet for personal care assistance services approved
177.28by the commissioner, and a letter requesting approval of the personal care assistance
177.29provider agency's nonstandard time sheet;
177.30    (ii) the personal care assistance provider agency's template for the personal care
177.31assistance care plan; and
177.32    (iii) the personal care assistance provider agency's template for the written
177.33agreement in subdivision 20 for recipients using the personal care assistance choice
177.34option, if applicable;
177.35    (9) a list of all training and classes that the personal care assistance provider agency
177.36requires of its staff providing personal care assistance services;
178.1    (10) documentation that the personal care assistance provider agency and staff have
178.2successfully completed all the training required by this section;
178.3    (11) documentation of the agency's marketing practices;
178.4    (12) disclosure of ownership, leasing, or management of all residential properties
178.5that is used or could be used for providing home care services;
178.6    (13) documentation that the agency will use the following percentages of revenue
178.7generated from the medical assistance rate paid for personal care assistance services
178.8for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
178.9personal care assistance choice option and 72.5 percent of revenue from other personal
178.10care assistance providers. The revenue generated by the qualified professional and the
178.11reasonable costs associated with the qualified professional shall not be used in making
178.12this calculation; and
178.13    (14) effective May 15, 2010, documentation that the agency does not burden
178.14recipients' free exercise of their right to choose service providers by requiring personal
178.15care assistants to sign an agreement not to work with any particular personal care
178.16assistance recipient or for another personal care assistance provider agency after leaving
178.17the agency and that the agency is not taking action on any such agreements or requirements
178.18regardless of the date signed.
178.19    (b) Personal care assistance provider agencies shall provide the information specified
178.20in paragraph (a) to the commissioner at the time the personal care assistance provider
178.21agency enrolls as a vendor or upon request from the commissioner. The commissioner
178.22shall collect the information specified in paragraph (a) from all personal care assistance
178.23providers beginning July 1, 2009.
178.24    (c) All personal care assistance provider agencies shall require all employees in
178.25management and supervisory positions and owners of the agency who are active in the
178.26day-to-day management and operations of the agency to complete mandatory training
178.27as determined by the commissioner before enrollment of the agency as a provider.
178.28Employees in management and supervisory positions and owners who are active in
178.29the day-to-day operations of an agency who have completed the required training as
178.30an employee with a personal care assistance provider agency do not need to repeat
178.31the required training if they are hired by another agency, if they have completed the
178.32training within the past three years. By September 1, 2010, the required training must
178.33be available with meaningful access according to title VI of the Civil Rights Act and
178.34federal regulations adopted under that law or any guidance from the United States Health
178.35and Human Services Department. The required training must be available online or by
178.36electronic remote connection. The required training must provide for competency testing.
179.1Personal care assistance provider agency billing staff shall complete training about
179.2personal care assistance program financial management. This training is effective July 1,
179.32009. Any personal care assistance provider agency enrolled before that date shall, if it
179.4has not already, complete the provider training within 18 months of July 1, 2009. Any new
179.5owners or employees in management and supervisory positions involved in the day-to-day
179.6operations are required to complete mandatory training as a requisite of working for the
179.7agency. Personal care assistance provider agencies certified for participation in Medicare
179.8as home health agencies are exempt from the training required in this subdivision. When
179.9available, Medicare-certified home health agency owners, supervisors, or managers must
179.10successfully complete the competency test.

179.11    Sec. 3. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
179.12    Subdivision 1. Managed care pilot. The commissioner may initiate a capitated
179.13risk-based managed care option for services in an intermediate care facility for persons
179.14with developmental disabilities according to the terms and conditions of the federal
179.15agreement governing the managed care pilot. The commissioner may grant a variance
179.16to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts
179.179525.1200 to 9525.1330 and 9525.1580.

179.18    Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
179.19    Subd. 16. Project extension. Minnesota Rules, parts 9500.1450; 9500.1451;
179.209500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458;
179.219500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464, are extended.

179.22    Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is
179.23amended to read:
179.24    Subd. 12. Requirements for enrollment of CFSS provider agencies. (a) All CFSS
179.25provider agencies must provide, at the time of enrollment, reenrollment, and revalidation
179.26as a CFSS provider agency in a format determined by the commissioner, information and
179.27documentation that includes, but is not limited to, the following:
179.28(1) the CFSS provider agency's current contact information including address,
179.29telephone number, and e-mail address;
179.30(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's
179.31Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
179.32provider agency must purchase a performance surety bond of $50,000. If the provider
179.33agency's Medicaid revenue in the previous calendar year is greater than $300,000, the
180.1provider agency must purchase a performance surety bond of $100,000. The performance
180.2 surety bond must be in a form approved by the commissioner, must be renewed annually,
180.3and must allow for recovery of costs and fees in pursuing a claim on the bond;
180.4(3) proof of fidelity bond coverage in the amount of $20,000;
180.5(4) proof of workers' compensation insurance coverage;
180.6(5) proof of liability insurance;
180.7(6) a description of the CFSS provider agency's organization identifying the names
180.8of all owners, managing employees, staff, board of directors, and the affiliations of the
180.9directors, owners, or staff to other service providers;
180.10(7) a copy of the CFSS provider agency's written policies and procedures including:
180.11hiring of employees; training requirements; service delivery; and employee and consumer
180.12safety including process for notification and resolution of consumer grievances,
180.13identification and prevention of communicable diseases, and employee misconduct;
180.14(8) copies of all other forms the CFSS provider agency uses in the course of daily
180.15business including, but not limited to:
180.16(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from
180.17the standard time sheet for CFSS services approved by the commissioner, and a letter
180.18requesting approval of the CFSS provider agency's nonstandard time sheet; and
180.19(ii) the CFSS provider agency's template for the CFSS care plan;
180.20(9) a list of all training and classes that the CFSS provider agency requires of its
180.21staff providing CFSS services;
180.22(10) documentation that the CFSS provider agency and staff have successfully
180.23completed all the training required by this section;
180.24(11) documentation of the agency's marketing practices;
180.25(12) disclosure of ownership, leasing, or management of all residential properties
180.26that are used or could be used for providing home care services;
180.27(13) documentation that the agency will use at least the following percentages of
180.28revenue generated from the medical assistance rate paid for CFSS services for employee
180.29personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers.
180.30The revenue generated by the support specialist and the reasonable costs associated with
180.31the support specialist shall not be used in making this calculation; and
180.32(14) documentation that the agency does not burden recipients' free exercise of their
180.33right to choose service providers by requiring personal care assistants to sign an agreement
180.34not to work with any particular CFSS recipient or for another CFSS provider agency after
180.35leaving the agency and that the agency is not taking action on any such agreements or
180.36requirements regardless of the date signed.
181.1(b) CFSS provider agencies shall provide to the commissioner the information
181.2specified in paragraph (a).
181.3(c) All CFSS provider agencies shall require all employees in management and
181.4supervisory positions and owners of the agency who are active in the day-to-day
181.5management and operations of the agency to complete mandatory training as determined
181.6by the commissioner. Employees in management and supervisory positions and owners
181.7who are active in the day-to-day operations of an agency who have completed the required
181.8training as an employee with a CFSS provider agency do not need to repeat the required
181.9training if they are hired by another agency, if they have completed the training within
181.10the past three years. CFSS provider agency billing staff shall complete training about
181.11CFSS program financial management. Any new owners or employees in management
181.12and supervisory positions involved in the day-to-day operations are required to complete
181.13mandatory training as a requisite of working for the agency. CFSS provider agencies
181.14certified for participation in Medicare as home health agencies are exempt from the
181.15training required in this subdivision.

181.16    Sec. 6. [325F.1791] CERTAIN ANTIBACTERIAL PRODUCTS; SALE
181.17PERMITTED UNDER CERTAIN CIRCUMSTANCES.
181.18    Subdivision 1. Generally. A person may offer for sale in Minnesota a product that
181.19contains only trace amounts of triclosan, triclocarban, or similar antibacterial compounds
181.20and may label the product as "triclosan free."
181.21    Subd. 2. Exception. Subdivision 1 applies only if the trace amounts of triclosan,
181.22triclocarban, or similar antibacterial compounds referenced in subdivision 1 were caused
181.23by the raw materials or the manufacturing process and were not added by the seller.
181.24EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
181.25products offered for sale or sold on or after that date.

181.26    Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
181.27    Subd. 2. Selection of members, terms, vacancies. Except in counties which
181.28contain a city of the first class and counties having a poor and hospital commission, the
181.29local social services agency shall consist of seven members, including the board of county
181.30commissioners, to be selected as herein provided; two members, one of whom shall be
181.31a woman, shall be appointed by the commissioner of human services board of county
181.32commissioners, one each year for a full term of two years, from a list of residents, submitted
181.33by the board of county commissioners. As each term expires or a vacancy occurs by reason
181.34of death or resignation, a successor shall be appointed by the commissioner of human
182.1services board of county commissioners for the full term of two years or the balance of any
182.2unexpired term from a list of one or more, not to exceed three residents submitted by the
182.3board of county commissioners. The board of county commissioners may, by resolution
182.4adopted by a majority of the board, determine that only three of their members shall be
182.5members of the local social services agency, in which event the local social services agency
182.6shall consist of five members instead of seven. When a vacancy occurs on the local social
182.7services agency by reason of the death, resignation, or expiration of the term of office of a
182.8member of the board of county commissioners, the unexpired term of such member shall
182.9be filled by appointment by the county commissioners. Except to fill a vacancy the term
182.10of office of each member of the local social services agency shall commence on the first
182.11Thursday after the first Monday in July, and continue until the expiration of the term
182.12for which such member was appointed or until a successor is appointed and qualifies.
182.13If the board of county commissioners shall refuse, fail, omit, or neglect to submit one
182.14or more nominees to the commissioner of human services for appointment to the local
182.15social services agency by the commissioner of human services, as herein provided, or to
182.16appoint the three members to the local social services agency, as herein provided, by the
182.17time when the terms of such members commence, or, in the event of vacancies, for a
182.18period of 30 days thereafter, the commissioner of human services is hereby empowered
182.19to and shall forthwith appoint residents of the county to the local social services agency.
182.20The commissioner of human services, on refusing to appoint a nominee from the list of
182.21nominees submitted by the board of county commissioners, shall notify the county board
182.22of such refusal. The county board shall thereupon nominate additional nominees. Before
182.23the commissioner of human services shall fill any vacancy hereunder resulting from the
182.24failure or refusal of the board of county commissioners of any county to act, as required
182.25herein, the commissioner of human services shall mail 15 days' written notice to the board
182.26of county commissioners of its intention to fill such vacancy or vacancies unless the board
182.27of county commissioners shall act before the expiration of the 15-day period.

182.28    Sec. 8. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
182.29    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1
182.30two or more counties may by resolution of their respective boards of county commissioners,
182.31agree to combine the functions of their separate local social services agency into one local
182.32social services agency to serve the two or more counties that enter into the agreement.
182.33Such agreement may be for a definite term or until terminated in accordance with its terms.
182.34When two or more counties have agreed to combine the functions of their separate local
182.35social services agency, a single local social services agency in lieu of existing individual
183.1local social services agency shall be established to direct the activities of the combined
183.2agency. This agency shall have the same powers, duties and functions as an individual local
183.3social services agency. The single local social services agency shall have representation
183.4from each of the participating counties with selection of the members to be as follows:
183.5(a) Each board of county commissioners entering into the agreement shall on an
183.6annual basis select one or two of its members to serve on the single local social services
183.7agency.
183.8(b) Each board of county commissioners entering into the agreement shall in
183.9accordance with procedures established by the commissioner of human services, submit a
183.10list of names of three county residents, who shall not be county commissioners, to the
183.11commissioner of human services. The commissioner shall select one person from each
183.12county list county resident who is not a county commissioner to serve as a local social
183.13services agency member.
183.14(c) The composition of the agency may be determined by the boards of county
183.15commissioners entering into the agreement providing that no less than one-third of the
183.16members are appointed as provided in clause paragraph (b).

183.17    Sec. 9. INSTRUCTIONS TO THE COMMISSIONER.
183.18The commissioner of human services must consult with community stakeholders
183.19regarding the impact of the decision of the United States Court of Appeals in Geston v.
183.20Anderson, 729 F.3d 1077 (8th Cir. 2013) on the Minnesota medical assistance program.
183.21The commissioner must provide a written report to the chairs and ranking minority
183.22members of the house of representatives and senate standing committees with jurisdiction
183.23over medical assistance policy and finance no later than January 5, 2015. The report must
183.24include proposed legislation to ensure Minnesota's medical assistance program complies
183.25with the requirements of the Geston decision.

183.26    Sec. 10. RULEMAKING; REDUNDANT PROVISION REGARDING
183.27TRANSITION LENSES.
183.28The commissioner of human services shall amend Minnesota Rules, part 9505.0277,
183.29subpart 3, to remove transition lenses from the list of eyeglass services not eligible for
183.30payment under the medical assistance program. The commissioner may use the good
183.31cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt
183.32rules under this section. Minnesota Statutes, section 14.386, does not apply except as
183.33provided in Minnesota Statutes, section 14.388.

184.1    Sec. 11. FEDERAL APPROVAL.
184.2By October 1, 2015, the commissioner of human services shall seek federal authority
184.3to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid
184.4plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI).
184.5To be eligible, an individual must have family income at or below 200 percent of the
184.6federal poverty guidelines, except that for an individual under age 21, only the income of
184.7the individual must be considered in determining eligibility. Services under this program
184.8must be available on a presumptive eligibility basis.

184.9    Sec. 12. REVISOR'S INSTRUCTION.
184.10The revisor of statutes shall remove cross-references to the sections and parts
184.11repealed in section 12, paragraphs (a) and (b), wherever they appear in Minnesota Rules
184.12and shall make changes necessary to correct the punctuation, grammar, or structure of the
184.13remaining text and preserve its meaning.

184.14    Sec. 13. REPEALER.
184.15(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
184.16(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3;
184.179500.1456; and 9525.1580, are repealed.
184.18(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and
184.199505.5325, are repealed contingent upon federal approval of the state Medicaid plan
184.20amendment under section 10. The commissioner of human services shall notify the
184.21revisor of statutes when this occurs.

184.22ARTICLE 11
184.23CHILDREN AND FAMILY SERVICES POLICY

184.24    Section 1. Minnesota Statutes 2012, section 13.46, subdivision 2, is amended to read:
184.25    Subd. 2. General. (a) Data on individuals collected, maintained, used, or
184.26disseminated by the welfare system are private data on individuals, and shall not be
184.27disclosed except:
184.28    (1) according to section 13.05;
184.29    (2) according to court order;
184.30    (3) according to a statute specifically authorizing access to the private data;
184.31    (4) to an agent of the welfare system and an investigator acting on behalf of a county,
184.32the state, or the federal government, including a law enforcement person or attorney in the
185.1investigation or prosecution of a criminal, civil, or administrative proceeding relating to
185.2the administration of a program;
185.3    (5) to personnel of the welfare system who require the data to verify an individual's
185.4identity; determine eligibility, amount of assistance, and the need to provide services to
185.5an individual or family across programs; evaluate the effectiveness of programs; assess
185.6parental contribution amounts; and investigate suspected fraud;
185.7    (6) to administer federal funds or programs;
185.8    (7) between personnel of the welfare system working in the same program;
185.9    (8) to the Department of Revenue to assess parental contribution amounts for
185.10purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
185.11programs and to identify individuals who may benefit from these programs. The following
185.12information may be disclosed under this paragraph: an individual's and their dependent's
185.13names, dates of birth, Social Security numbers, income, addresses, and other data as
185.14required, upon request by the Department of Revenue. Disclosures by the commissioner
185.15of revenue to the commissioner of human services for the purposes described in this clause
185.16are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
185.17but are not limited to, the dependent care credit under section 290.067, the Minnesota
185.18working family credit under section 290.0671, the property tax refund and rental credit
185.19under section 290A.04, and the Minnesota education credit under section 290.0674;
185.20    (9) between the Department of Human Services, the Department of Employment
185.21and Economic Development, and when applicable, the Department of Education, for
185.22the following purposes:
185.23    (i) to monitor the eligibility of the data subject for unemployment benefits, for any
185.24employment or training program administered, supervised, or certified by that agency;
185.25    (ii) to administer any rehabilitation program or child care assistance program,
185.26whether alone or in conjunction with the welfare system;
185.27    (iii) to monitor and evaluate the Minnesota family investment program or the child
185.28care assistance program by exchanging data on recipients and former recipients of food
185.29support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
185.30under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
185.31    (iv) to analyze public assistance employment services and program utilization,
185.32cost, effectiveness, and outcomes as implemented under the authority established in Title
185.33II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
185.341999. Health records governed by sections 144.291 to 144.298 and "protected health
185.35information" as defined in Code of Federal Regulations, title 45, section 160.103, and
186.1governed by Code of Federal Regulations, title 45, parts 160-164, including health care
186.2claims utilization information, must not be exchanged under this clause;
186.3    (10) to appropriate parties in connection with an emergency if knowledge of
186.4the information is necessary to protect the health or safety of the individual or other
186.5individuals or persons;
186.6    (11) data maintained by residential programs as defined in section 245A.02 may
186.7be disclosed to the protection and advocacy system established in this state according
186.8to Part C of Public Law 98-527 to protect the legal and human rights of persons with
186.9developmental disabilities or other related conditions who live in residential facilities for
186.10these persons if the protection and advocacy system receives a complaint by or on behalf
186.11of that person and the person does not have a legal guardian or the state or a designee of
186.12the state is the legal guardian of the person;
186.13    (12) to the county medical examiner or the county coroner for identifying or locating
186.14relatives or friends of a deceased person;
186.15    (13) data on a child support obligor who makes payments to the public agency
186.16may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
186.17determine eligibility under section 136A.121, subdivision 2, clause (5);
186.18    (14) participant Social Security numbers and names collected by the telephone
186.19assistance program may be disclosed to the Department of Revenue to conduct an
186.20electronic data match with the property tax refund database to determine eligibility under
186.21section 237.70, subdivision 4a;
186.22    (15) the current address of a Minnesota family investment program participant
186.23may be disclosed to law enforcement officers who provide the name of the participant
186.24and notify the agency that:
186.25    (i) the participant:
186.26    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
186.27conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
186.28jurisdiction from which the individual is fleeing; or
186.29    (B) is violating a condition of probation or parole imposed under state or federal law;
186.30    (ii) the location or apprehension of the felon is within the law enforcement officer's
186.31official duties; and
186.32    (iii) the request is made in writing and in the proper exercise of those duties;
186.33    (16) the current address of a recipient of general assistance or general assistance
186.34medical care may be disclosed to probation officers and corrections agents who are
186.35supervising the recipient and to law enforcement officers who are investigating the
186.36recipient in connection with a felony level offense;
187.1    (17) information obtained from food support applicant or recipient households may
187.2be disclosed to local, state, or federal law enforcement officials, upon their written request,
187.3for the purpose of investigating an alleged violation of the Food Stamp Act, according
187.4to Code of Federal Regulations, title 7, section 272.1 (c);
187.5    (18) the address, Social Security number, and, if available, photograph of any
187.6member of a household receiving food support shall be made available, on request, to a
187.7local, state, or federal law enforcement officer if the officer furnishes the agency with the
187.8name of the member and notifies the agency that:
187.9    (i) the member:
187.10    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
187.11crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
187.12    (B) is violating a condition of probation or parole imposed under state or federal
187.13law; or
187.14    (C) has information that is necessary for the officer to conduct an official duty related
187.15to conduct described in subitem (A) or (B);
187.16    (ii) locating or apprehending the member is within the officer's official duties; and
187.17    (iii) the request is made in writing and in the proper exercise of the officer's official
187.18duty;
187.19    (19) the current address of a recipient of Minnesota family investment program,
187.20general assistance, general assistance medical care, or food support may be disclosed to
187.21law enforcement officers who, in writing, provide the name of the recipient and notify the
187.22agency that the recipient is a person required to register under section 243.166, but is not
187.23residing at the address at which the recipient is registered under section 243.166;
187.24    (20) certain information regarding child support obligors who are in arrears may be
187.25made public according to section 518A.74;
187.26    (21) data on child support payments made by a child support obligor and data on
187.27the distribution of those payments excluding identifying information on obligees may be
187.28disclosed to all obligees to whom the obligor owes support, and data on the enforcement
187.29actions undertaken by the public authority, the status of those actions, and data on the
187.30income of the obligor or obligee may be disclosed to the other party;
187.31    (22) data in the work reporting system may be disclosed under section 256.998,
187.32subdivision 7
;
187.33    (23) to the Department of Education for the purpose of matching Department of
187.34Education student data with public assistance data to determine students eligible for free
187.35and reduced-price meals, meal supplements, and free milk according to United States
187.36Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
188.1state funds that are distributed based on income of the student's family; and to verify
188.2receipt of energy assistance for the telephone assistance plan;
188.3    (24) the current address and telephone number of program recipients and emergency
188.4contacts may be released to the commissioner of health or a local board of health as
188.5defined in section 145A.02, subdivision 2, when the commissioner or local board of health
188.6has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
188.7risk of illness, and the data are necessary to locate the person;
188.8    (25) to other state agencies, statewide systems, and political subdivisions of this
188.9state, including the attorney general, and agencies of other states, interstate information
188.10networks, federal agencies, and other entities as required by federal regulation or law for
188.11the administration of the child support enforcement program;
188.12    (26) to personnel of public assistance programs as defined in section 256.741, for
188.13access to the child support system database for the purpose of administration, including
188.14monitoring and evaluation of those public assistance programs;
188.15    (27) to monitor and evaluate the Minnesota family investment program by
188.16exchanging data between the Departments of Human Services and Education, on
188.17recipients and former recipients of food support, cash assistance under chapter 256, 256D,
188.18256J, or 256K, child care assistance under chapter 119B, or medical programs under
188.19chapter 256B, 256D, or 256L;
188.20    (28) to evaluate child support program performance and to identify and prevent
188.21fraud in the child support program by exchanging data between the Department of Human
188.22Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
188.23and (b), without regard to the limitation of use in paragraph (c), Department of Health,
188.24Department of Employment and Economic Development, and other state agencies as is
188.25reasonably necessary to perform these functions;
188.26    (29) counties operating child care assistance programs under chapter 119B may
188.27disseminate data on program participants, applicants, and providers to the commissioner
188.28of education; or
188.29    (30) child support data on the parents and the child, the parents, and relatives of the
188.30child may be disclosed to agencies administering programs under titles IV-B and IV-E of
188.31the Social Security Act, as provided authorized by federal law. Data may be disclosed
188.32only to the extent necessary for the purpose of establishing parentage or for determining
188.33who has or may have parental rights with respect to a child, which could be related
188.34to permanency planning.
189.1    (b) Information on persons who have been treated for drug or alcohol abuse may
189.2only be disclosed according to the requirements of Code of Federal Regulations, title
189.342, sections 2.1 to 2.67.
189.4    (c) Data provided to law enforcement agencies under paragraph (a), clause (15),
189.5(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
189.6nonpublic while the investigation is active. The data are private after the investigation
189.7becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
189.8    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
189.9not subject to the access provisions of subdivision 10, paragraph (b).
189.10    For the purposes of this subdivision, a request will be deemed to be made in writing
189.11if made through a computer interface system.

189.12    Sec. 2. Minnesota Statutes 2012, section 119B.02, subdivision 2, is amended to read:
189.13    Subd. 2. Contractual agreements with tribes. The commissioner may enter into
189.14contractual agreements with a federally recognized Indian tribe with a reservation in
189.15Minnesota to carry out the responsibilities of county human service agencies to the
189.16extent necessary for the tribe to operate child care assistance programs under sections
189.17119B.03 and 119B.05. An agreement may allow for the tribe to be reimbursed the state
189.18to make payments for child care assistance services provided under section 119B.05.
189.19The commissioner shall consult with the affected county or counties in the contractual
189.20agreement negotiations, if the county or counties wish to be included, in order to avoid
189.21the duplication of county and tribal child care services. Funding to support services
189.22under section 119B.03 may be transferred to the federally recognized Indian tribe with a
189.23reservation in Minnesota from allocations available to counties in which reservation
189.24boundaries lie. When funding is transferred under section 119B.03, the amount shall be
189.25commensurate to estimates of the proportion of reservation residents with characteristics
189.26identified in section 119B.03, subdivision 6, to the total population of county residents
189.27with those same characteristics.

189.28    Sec. 3. Minnesota Statutes 2012, section 119B.09, subdivision 6, is amended to read:
189.29    Subd. 6. Maximum child care assistance. The maximum amount of child care
189.30assistance a local agency may authorize pay for in a two-week period is 120 hours per child.

189.31    Sec. 4. Minnesota Statutes 2012, section 119B.09, subdivision 13, is amended to read:
189.32    Subd. 13. Child care in the child's home. (a) Child care assistance must only be
189.33authorized in the child's home if:
190.1    (1) the child's parents have authorized activities outside of the home and if; or
190.2    (2) one parent in a two-parent family is in an authorized activity outside of the home
190.3and one parent is unable to care for the child and meets the requirements in Minnesota
190.4Rules, part 3400.0040, subpart 5.
190.5    (b) In order for child care assistance to be authorized under paragraph (a), clause (1)
190.6or (2), one or more of the following circumstances are must be met:
190.7    (1) the parents' qualifying authorized activity occurs during times when out-of-home
190.8care is not available or when out-of-home care would result in disruption of the child's
190.9nighttime sleep schedule. If child care is needed during any period when out-of-home care
190.10is not available, in-home care can be approved for the entire time care is needed;
190.11    (2) the family lives in an area where out-of-home care is not available; or
190.12    (3) a child has a verified illness or disability that would place the child or other
190.13children in an out-of-home facility at risk or creates a hardship for the child and the family
190.14to take the child out of the home to a child care home or center.
190.15EFFECTIVE DATE.This section is effective the day following final enactment.

190.16    Sec. 5. Minnesota Statutes 2012, section 256D.05, is amended by adding a subdivision
190.17to read:
190.18    Subd. 9. Personal statement. If a county agency determines that an applicant is
190.19ineligible due to not meeting eligibility requirements of chapter 256D, a county agency
190.20may accept a signed personal statement from the applicant in lieu of documentation
190.21verifying ineligibility.

190.22    Sec. 6. Minnesota Statutes 2012, section 256D.405, subdivision 1, is amended to read:
190.23    Subdivision 1. Verification. (a) The county agency shall request, and applicants
190.24and recipients shall provide and verify, all information necessary to determine initial and
190.25continuing eligibility and assistance payment amounts. If necessary, the county agency
190.26shall assist the applicant or recipient in obtaining verifications. If the applicant or recipient
190.27refuses or fails without good cause to provide the information or verification, the county
190.28agency shall deny or terminate assistance.
190.29    (b) If a county agency determines that an applicant is ineligible due to not meeting
190.30eligibility requirements of chapter 256D, a county agency may accept a signed personal
190.31statement from the applicant in lieu of documentation verifying ineligibility.

190.32    Sec. 7. Minnesota Statutes 2012, section 256E.30, is amended by adding a subdivision
190.33to read:
191.1    Subd. 5. Merger. In the case of a merger between community action agencies, the
191.2newly created agency receives a base funding amount equal to the sum of the merged
191.3agencies' base funding amounts at the point of the merger as described in subdivision 2,
191.4paragraph (b), unless the commissioner determines the funding amount should be less
191.5than the sum of the merged agencies' base funding amount due to savings resulting from
191.6fewer redundancies and duplicative services.

191.7    Sec. 8. Minnesota Statutes 2012, section 256I.04, subdivision 1a, is amended to read:
191.8    Subd. 1a. County approval. (a) A county agency may not approve a group
191.9residential housing payment for an individual in any setting with a rate in excess of the
191.10MSA equivalent rate for more than 30 days in a calendar year unless the county agency
191.11has developed or approved a plan for the individual which specifies that:
191.12    (1) the individual has an illness or incapacity which prevents the person from living
191.13independently in the community; and
191.14    (2) the individual's illness or incapacity requires the services which are available in
191.15the group residence.
191.16    The plan must be signed or countersigned by any of the following employees of the
191.17county of financial responsibility: the director of human services or a designee of the
191.18director; a social worker; or a case aide.
191.19    (b) If a county agency determines that an applicant is ineligible due to not meeting
191.20eligibility requirements under this section, a county agency may accept a signed personal
191.21statement from the applicant in lieu of documentation verifying ineligibility.

191.22    Sec. 9. Minnesota Statutes 2012, section 256J.09, subdivision 3, is amended to read:
191.23    Subd. 3. Submitting application form. (a) A county agency must offer, in person
191.24or by mail, the application forms prescribed by the commissioner as soon as a person
191.25makes a written or oral inquiry. At that time, the county agency must:
191.26    (1) inform the person that assistance begins with the date the signed application is
191.27received by the county agency or the date all eligibility criteria are met, whichever is later;
191.28    (2) inform the person that any delay in submitting the application will reduce the
191.29amount of assistance paid for the month of application;
191.30    (3) inform a person that the person may submit the application before an interview;
191.31    (4) explain the information that will be verified during the application process by the
191.32county agency as provided in section 256J.32;
191.33    (5) inform a person about the county agency's average application processing time
191.34and explain how the application will be processed under subdivision 5;
192.1    (6) explain how to contact the county agency if a person's application information
192.2changes and how to withdraw the application;
192.3    (7) inform a person that the next step in the application process is an interview
192.4and what a person must do if the application is approved including, but not limited to,
192.5attending orientation under section 256J.45 and complying with employment and training
192.6services requirements in sections 256J.515 to 256J.57;
192.7    (8) inform the person that the interview must be conducted face-to-face in the county
192.8office, through Internet telepresence, or at a location mutually agreed upon;
192.9    (9) inform a person who has received MFIP or DWP in the past 12 months of the
192.10option to have a face-to-face, Internet telepresence, or telephone interview;
192.11    (8) (10) explain the child care and transportation services that are available under
192.12paragraph (c) to enable caregivers to attend the interview, screening, and orientation; and
192.13    (9) (11) identify any language barriers and arrange for translation assistance during
192.14appointments, including, but not limited to, screening under subdivision 3a, orientation
192.15under section 256J.45, and assessment under section 256J.521.
192.16    (b) Upon receipt of a signed application, the county agency must stamp the date of
192.17receipt on the face of the application. The county agency must process the application
192.18within the time period required under subdivision 5. An applicant may withdraw the
192.19application at any time by giving written or oral notice to the county agency. The county
192.20agency must issue a written notice confirming the withdrawal. The notice must inform
192.21the applicant of the county agency's understanding that the applicant has withdrawn the
192.22application and no longer wants to pursue it. When, within ten days of the date of the
192.23agency's notice, an applicant informs a county agency, in writing, that the applicant does
192.24not wish to withdraw the application, the county agency must reinstate the application and
192.25finish processing the application.
192.26    (c) Upon a participant's request, the county agency must arrange for transportation
192.27and child care or reimburse the participant for transportation and child care expenses
192.28necessary to enable participants to attend the screening under subdivision 3a and
192.29orientation under section 256J.45.

192.30    Sec. 10. Minnesota Statutes 2012, section 256J.20, subdivision 3, is amended to read:
192.31    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of
192.32all nonexcluded real and personal property of the assistance unit must not exceed $2,000
192.33for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
192.34(19) must be excluded when determining the equity value of real and personal property:
193.1    (1) a licensed vehicle up to a loan trade-in value of less than or equal to $10,000.
193.2If the assistance unit owns more than one licensed vehicle, the county agency shall
193.3determine the loan trade-in value of all additional vehicles and exclude the combined
193.4loan trade-in value of less than or equal to $7,500. The county agency shall apply any
193.5excess loan trade-in value as if it were equity value to the asset limit described in this
193.6section, excluding: (i) the value of one vehicle per physically disabled person when the
193.7vehicle is needed to transport the disabled unit member; this exclusion does not apply to
193.8mentally disabled people; (ii) the value of special equipment for a disabled member of
193.9the assistance unit; and (iii) any vehicle used for long-distance travel, other than daily
193.10commuting, for the employment of a unit member.
193.11    To establish the loan trade-in value of vehicles, a county agency must use the
193.12N.A.D.A. Official Used Car Guide, Midwest Edition, for newer model cars online car
193.13values and car prices guide. When a vehicle is not listed in the guidebook, or when the
193.14applicant or participant disputes the loan trade-in value listed in the guidebook online
193.15guide as unreasonable given the condition of the particular vehicle, the county agency may
193.16require the applicant or participant document the loan trade-in value by securing a written
193.17statement from a motor vehicle dealer licensed under section 168.27, stating the amount
193.18that the dealer would pay to purchase the vehicle. The county agency shall reimburse the
193.19applicant or participant for the cost of a written statement that documents a lower loan value;
193.20    (2) the value of life insurance policies for members of the assistance unit;
193.21    (3) one burial plot per member of an assistance unit;
193.22    (4) the value of personal property needed to produce earned income, including
193.23tools, implements, farm animals, inventory, business loans, business checking and
193.24savings accounts used at least annually and used exclusively for the operation of a
193.25self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
193.26is to produce income and if the vehicles are essential for the self-employment business;
193.27    (5) the value of personal property not otherwise specified which is commonly
193.28used by household members in day-to-day living such as clothing, necessary household
193.29furniture, equipment, and other basic maintenance items essential for daily living;
193.30    (6) the value of real and personal property owned by a recipient of Supplemental
193.31Security Income or Minnesota supplemental aid;
193.32    (7) the value of corrective payments, but only for the month in which the payment
193.33is received and for the following month;
193.34    (8) a mobile home or other vehicle used by an applicant or participant as the
193.35applicant's or participant's home;
194.1    (9) money in a separate escrow account that is needed to pay real estate taxes or
194.2insurance and that is used for this purpose;
194.3    (10) money held in escrow to cover employee FICA, employee tax withholding,
194.4sales tax withholding, employee worker compensation, business insurance, property rental,
194.5property taxes, and other costs that are paid at least annually, but less often than monthly;
194.6    (11) monthly assistance payments for the current month's or short-term emergency
194.7needs under section 256J.626, subdivision 2;
194.8    (12) the value of school loans, grants, or scholarships for the period they are
194.9intended to cover;
194.10    (13) payments listed in section 256J.21, subdivision 2, clause (9), which are held in
194.11escrow for a period not to exceed three months to replace or repair personal or real property;
194.12    (14) income received in a budget month through the end of the payment month;
194.13    (15) savings from earned income of a minor child or a minor parent that are set aside
194.14in a separate account designated specifically for future education or employment costs;
194.15    (16) the federal earned income credit, Minnesota working family credit, state and
194.16federal income tax refunds, state homeowners and renters credits under chapter 290A,
194.17property tax rebates and other federal or state tax rebates in the month received and the
194.18following month;
194.19    (17) payments excluded under federal law as long as those payments are held in a
194.20separate account from any nonexcluded funds;
194.21    (18) the assets of children ineligible to receive MFIP benefits because foster care or
194.22adoption assistance payments are made on their behalf; and
194.23    (19) the assets of persons whose income is excluded under section 256J.21,
194.24subdivision 2
, clause (43).

194.25    Sec. 11. Minnesota Statutes 2013 Supplement, section 256J.21, subdivision 2, is
194.26amended to read:
194.27    Subd. 2. Income exclusions. The following must be excluded in determining a
194.28family's available income:
194.29    (1) payments for basic care, difficulty of care, and clothing allowances received for
194.30providing family foster care to children or adults under Minnesota Rules, parts 9555.5050
194.31to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, payments for family foster care
194.32for children under section 260C.4411 or chapter 256N, and payments received and used
194.33for care and maintenance of a third-party beneficiary who is not a household member;
194.34    (2) reimbursements for employment training received through the Workforce
194.35Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
195.1    (3) reimbursement for out-of-pocket expenses incurred while performing volunteer
195.2services, jury duty, employment, or informal carpooling arrangements directly related to
195.3employment;
195.4    (4) all educational assistance, except the county agency must count graduate student
195.5teaching assistantships, fellowships, and other similar paid work as earned income and,
195.6after allowing deductions for any unmet and necessary educational expenses, shall
195.7count scholarships or grants awarded to graduate students that do not require teaching
195.8or research as unearned income;
195.9    (5) loans, regardless of purpose, from public or private lending institutions,
195.10governmental lending institutions, or governmental agencies;
195.11    (6) loans from private individuals, regardless of purpose, provided an applicant or
195.12participant documents that the lender expects repayment;
195.13    (7)(i) state income tax refunds; and
195.14    (ii) federal income tax refunds;
195.15    (8)(i) federal earned income credits;
195.16    (ii) Minnesota working family credits;
195.17    (iii) state homeowners and renters credits under chapter 290A; and
195.18    (iv) federal or state tax rebates;
195.19    (9) funds received for reimbursement, replacement, or rebate of personal or real
195.20property when these payments are made by public agencies, awarded by a court, solicited
195.21through public appeal, or made as a grant by a federal agency, state or local government,
195.22or disaster assistance organizations, subsequent to a presidential declaration of disaster;
195.23    (10) the portion of an insurance settlement that is used to pay medical, funeral, and
195.24burial expenses, or to repair or replace insured property;
195.25    (11) reimbursements for medical expenses that cannot be paid by medical assistance;
195.26    (12) payments by a vocational rehabilitation program administered by the state
195.27under chapter 268A, except those payments that are for current living expenses;
195.28    (13) in-kind income, including any payments directly made by a third party to a
195.29provider of goods and services;
195.30    (14) assistance payments to correct underpayments, but only for the month in which
195.31the payment is received;
195.32    (15) payments for short-term emergency needs under section 256J.626, subdivision 2;
195.33    (16) funeral and cemetery payments as provided by section 256.935;
195.34    (17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in
195.35a calendar month;
196.1    (18) any form of energy assistance payment made through Public Law 97-35,
196.2Low-Income Home Energy Assistance Act of 1981, payments made directly to energy
196.3providers by other public and private agencies, and any form of credit or rebate payment
196.4issued by energy providers;
196.5    (19) Supplemental Security Income (SSI), including retroactive SSI payments and
196.6other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
196.7    (20) Minnesota supplemental aid, including retroactive payments;
196.8    (21) proceeds from the sale of real or personal property;
196.9    (22) state adoption or kinship assistance payments under chapter chapters 256N or
196.10 259A, and up to an equal amount of county adoption assistance payments Minnesota
196.11permanency demonstration title IV-E waiver payments under section 256.01, subdivision
196.1214a;
196.13    (23) state-funded family subsidy program payments made under section 252.32 to
196.14help families care for children with developmental disabilities, consumer support grant
196.15funds under section 256.476, and resources and services for a disabled household member
196.16under one of the home and community-based waiver services programs under chapter 256B;
196.17    (24) interest payments and dividends from property that is not excluded from and
196.18that does not exceed the asset limit;
196.19    (25) rent rebates;
196.20    (26) income earned by a minor caregiver, minor child through age 6, or a minor
196.21child who is at least a half-time student in an approved elementary or secondary education
196.22program;
196.23    (27) income earned by a caregiver under age 20 who is at least a half-time student in
196.24an approved elementary or secondary education program;
196.25    (28) MFIP child care payments under section 119B.05;
196.26    (29) all other payments made through MFIP to support a caregiver's pursuit of
196.27greater economic stability;
196.28    (30) income a participant receives related to shared living expenses;
196.29    (31) reverse mortgages;
196.30    (32) benefits provided by the Child Nutrition Act of 1966, United States Code, title
196.3142, chapter 13A, sections 1771 to 1790;
196.32    (33) benefits provided by the women, infants, and children (WIC) nutrition program,
196.33United States Code, title 42, chapter 13A, section 1786;
196.34    (34) benefits from the National School Lunch Act, United States Code, title 42,
196.35chapter 13, sections 1751 to 1769e;
197.1    (35) relocation assistance for displaced persons under the Uniform Relocation
197.2Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title
197.342, chapter 61, subchapter II, section 4636, or the National Housing Act, United States
197.4Code, title 12, chapter 13, sections 1701 to 1750jj;
197.5    (36) benefits from the Trade Act of 1974, United States Code, title 19, chapter
197.612, part 2, sections 2271 to 2322;
197.7    (37) war reparations payments to Japanese Americans and Aleuts under United
197.8States Code, title 50, sections 1989 to 1989d;
197.9    (38) payments to veterans or their dependents as a result of legal settlements
197.10regarding Agent Orange or other chemical exposure under Public Law 101-239, section
197.1110405, paragraph (a)(2)(E);
197.12    (39) income that is otherwise specifically excluded from MFIP consideration in
197.13federal law, state law, or federal regulation;
197.14    (40) security and utility deposit refunds;
197.15    (41) American Indian tribal land settlements excluded under Public Laws 98-123,
197.1698-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth, Leech
197.17Lake, and Mille Lacs reservations and payments to members of the White Earth Band,
197.18under United States Code, title 25, chapter 9, section 331, and chapter 16, section 1407;
197.19    (42) all income of the minor parent's parents and stepparents when determining the
197.20grant for the minor parent in households that include a minor parent living with parents or
197.21stepparents on MFIP with other children;
197.22    (43) income of the minor parent's parents and stepparents equal to 200 percent of the
197.23federal poverty guideline for a family size not including the minor parent and the minor
197.24parent's child in households that include a minor parent living with parents or stepparents
197.25not on MFIP when determining the grant for the minor parent. The remainder of income is
197.26deemed as specified in section 256J.37, subdivision 1b;
197.27    (44) payments made to children eligible for relative custody assistance under section
197.28257.85 ;
197.29    (45) vendor payments for goods and services made on behalf of a client unless the
197.30client has the option of receiving the payment in cash;
197.31    (46) the principal portion of a contract for deed payment;
197.32    (47) cash payments to individuals enrolled for full-time service as a volunteer under
197.33AmeriCorps programs including AmeriCorps VISTA, AmeriCorps State, AmeriCorps
197.34National, and AmeriCorps NCCC; and
197.35    (48) housing assistance grants under section 256J.35, paragraph (a).
197.36EFFECTIVE DATE.This section is effective January 1, 2015.

198.1    Sec. 12. Minnesota Statutes 2013 Supplement, section 256J.24, subdivision 3, is
198.2amended to read:
198.3    Subd. 3. Individuals who must be excluded from an assistance unit. (a) The
198.4following individuals who are part of the assistance unit determined under subdivision 2
198.5are ineligible to receive MFIP:
198.6    (1) individuals who are recipients of Supplemental Security Income or Minnesota
198.7supplemental aid;
198.8    (2) individuals disqualified from the food stamp or food support program or MFIP,
198.9until the disqualification ends;
198.10    (3) children on whose behalf federal, state or local foster care payments are made,
198.11except as provided in sections 256J.13, subdivision 2, and 256J.74, subdivision 2;
198.12    (4) children receiving ongoing guardianship assistance payments under chapter 256N;
198.13    (4) (5) children receiving ongoing monthly adoption assistance payments under
198.14chapter chapters 256N or 259A; and
198.15    (5) (6) individuals disqualified from the work participation cash benefit program
198.16until that disqualification ends.
198.17    (b) The exclusion of a person under this subdivision does not alter the mandatory
198.18assistance unit composition.
198.19EFFECTIVE DATE.This section is effective January 1, 2015.

198.20    Sec. 13. Minnesota Statutes 2012, section 256J.30, subdivision 4, is amended to read:
198.21    Subd. 4. Participant's completion of recertification of eligibility form. A
198.22participant must complete forms prescribed by the commissioner which are required
198.23for recertification of eligibility according to section 256J.32, subdivision 6. A county
198.24agency must end benefits when the participant fails to submit the recertification form and
198.25verifications and complete the interview process before the end of the certification period.
198.26If the participant submits the recertification form by the last day of the certification period,
198.27benefits may be reinstated back to the date of closing when the recertification process is
198.28completed during the first month after benefits ended.

198.29    Sec. 14. Minnesota Statutes 2012, section 256J.30, subdivision 12, is amended to read:
198.30    Subd. 12. Requirement to provide Social Security numbers. Each member
198.31of the assistance unit must provide the member's Social Security number to the county
198.32agency, except for members in the assistance unit who are qualified noncitizens who are
198.33victims of domestic violence as defined under section 256J.08, subdivision 73, clause (7)
198.34 clauses (8) and (9). When a Social Security number is not provided to the county agency
199.1for verification, this requirement is satisfied when each member of the assistance unit
199.2cooperates with the procedures for verification of numbers, issuance of duplicate cards,
199.3and issuance of new numbers which have been established jointly between the Social
199.4Security Administration and the commissioner.

199.5    Sec. 15. Minnesota Statutes 2012, section 256J.32, subdivision 6, is amended to read:
199.6    Subd. 6. Recertification. (a) The county agency shall recertify eligibility in an
199.7annual face-to-face interview with the participant. The county agency may waive the
199.8face-to-face interview and conduct a phone interview for participants who qualify under
199.9paragraph (b). The interview may be conducted by phone, Internet telepresence, or
199.10face-to-face in the county office or in another location mutually agreed upon. During the
199.11interview, the county agency shall verify the following:
199.12    (1) presence of the minor child in the home, if questionable;
199.13    (2) income, unless excluded, including self-employment expenses used as a
199.14deduction or deposits or withdrawals from business accounts;
199.15    (3) assets when the value is within $200 of the asset limit;
199.16    (4) information to establish an exception under section 256J.24, subdivision 9, if
199.17questionable;
199.18    (5) inconsistent information, if related to eligibility; and
199.19    (6) whether a single caregiver household meets requirements in section 256J.575,
199.20subdivision 3.
199.21    (b) A participant who is employed any number of hours must be given the option
199.22of conducting a face-to-face or a phone interview or Internet telepresence to recertify
199.23eligibility. The participant must be employed at the time the interview is scheduled. If
199.24the participant loses the participant's job between the time the interview is scheduled and
199.25when it is to be conducted, the phone interview may still be conducted.

199.26    Sec. 16. Minnesota Statutes 2012, section 256J.32, subdivision 8, is amended to read:
199.27    Subd. 8. Personal statement. (a) The county agency may accept a signed personal
199.28statement from the applicant or participant explaining the reasons that the documentation
199.29requested in subdivision 2 is unavailable as sufficient documentation at the time of
199.30application, recertification, or change related to eligibility only for the following factors:
199.31    (1) a claim of family violence if used as a basis to qualify for the family violence
199.32waiver;
199.33    (2) information needed to establish an exception under section 256J.24, subdivision 9;
199.34    (3) relationship of a minor child to caregivers in the assistance unit;
200.1    (4) citizenship status from a noncitizen who reports to be, or is identified as, a victim
200.2of severe forms of trafficking in persons, if the noncitizen reports that the noncitizen's
200.3immigration documents are being held by an individual or group of individuals against the
200.4noncitizen's will. The noncitizen must follow up with the Office of Refugee Resettlement
200.5(ORR) to pursue certification. If verification that certification is being pursued is not
200.6received within 30 days, the MFIP case must be closed and the agency shall pursue
200.7overpayments. The ORR documents certifying the noncitizen's status as a victim of
200.8severe forms of trafficking in persons, or the reason for the delay in processing, must be
200.9received within 90 days, or the MFIP case must be closed and the agency shall pursue
200.10overpayments; and
200.11    (5) other documentation unavailable for reasons beyond the control of the applicant
200.12or participant. Reasonable attempts must have been made to obtain the documents
200.13requested under subdivision 2.
200.14    (b) After meeting all requirements under section 256J.09, if a county agency
200.15determines that an applicant is ineligible due to exceeding limits under sections 256J.20
200.16and 256J.21, a county agency may accept a signed personal statement from the applicant
200.17in lieu of documentation verifying ineligibility.

200.18    Sec. 17. Minnesota Statutes 2012, section 256J.38, subdivision 6, is amended to read:
200.19    Subd. 6. Scope of underpayments. A county agency must issue a corrective
200.20payment for underpayments made to a participant or to a person who would be a
200.21participant if an agency or client error causing the underpayment had not occurred.
200.22Corrective payments are limited to 12 months prior to the month of discovery. The county
200.23agency must issue the corrective payment according to subdivision 8.

200.24    Sec. 18. Minnesota Statutes 2012, section 256J.49, subdivision 13, is amended to read:
200.25    Subd. 13. Work activity. (a) "Work activity" means any activity in a participant's
200.26approved employment plan that leads to employment. For purposes of the MFIP program,
200.27this includes activities that meet the definition of work activity under the participation
200.28requirements of TANF. Work activity includes:
200.29    (1) unsubsidized employment, including work study and paid apprenticeships or
200.30internships;
200.31    (2) subsidized private sector or public sector employment, including grant diversion
200.32as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
200.33work experience, and supported work when a wage subsidy is provided;
201.1    (3) unpaid Uncompensated work experience, including community service,
201.2volunteer work, the community work experience program as specified in section 256J.67,
201.3unpaid apprenticeships or internships, and supported work when a wage subsidy is not
201.4provided. Unpaid Uncompensated work experience is only an option if the participant
201.5has been unable to obtain or maintain paid employment in the competitive labor market,
201.6and no paid work experience programs are available to the participant. Prior to placing a
201.7participant in unpaid uncompensated work, the county must inform the participant that
201.8the participant will be notified if a paid work experience or supported work position
201.9becomes available. Unless a participant consents in writing to participate in unpaid
201.10 uncompensated work experience, the participant's employment plan may only include
201.11unpaid uncompensated work experience if including the unpaid work experience in the
201.12plan will meet the following criteria are met:
201.13    (i) the unpaid uncompensated work experience will provide the participant specific
201.14skills or experience that cannot be obtained through other work activity options where the
201.15participant resides or is willing to reside; and
201.16    (ii) the skills or experience gained through the unpaid uncompensated work
201.17experience will result in higher wages for the participant than the participant could earn
201.18without the unpaid uncompensated work experience;
201.19    (4) job search including job readiness assistance, job clubs, job placement,
201.20job-related counseling, and job retention services;
201.21    (5) job readiness education, including English as a second language (ESL) or
201.22functional work literacy classes as limited by the provisions of section 256J.531,
201.23subdivision 2
, general educational development (GED) course work, high school
201.24completion, and adult basic education as limited by the provisions of section 256J.531,
201.25subdivision 1
;
201.26    (6) job skills training directly related to employment, including education and
201.27training that can reasonably be expected to lead to employment, as limited by the
201.28provisions of section 256J.53;
201.29    (7) providing child care services to a participant who is working in a community
201.30service program;
201.31    (8) activities included in the employment plan that is developed under section
201.32256J.521, subdivision 3 ; and
201.33    (9) preemployment activities including chemical and mental health assessments,
201.34treatment, and services; learning disabilities services; child protective services; family
201.35stabilization services; or other programs designed to enhance employability.
202.1    (b) "Work activity" does not include activities done for political purposes as defined
202.2in section 211B.01, subdivision 6.

202.3    Sec. 19. Minnesota Statutes 2012, section 256J.521, subdivision 1, is amended to read:
202.4    Subdivision 1. Assessments. (a) For purposes of MFIP employment services,
202.5assessment is a continuing process of gathering information related to employability
202.6for the purpose of identifying both participant's strengths and strategies for coping with
202.7issues that interfere with employment. The job counselor must use information from the
202.8assessment process to develop and update the employment plan under subdivision 2 or
202.93, as appropriate, to determine whether the participant qualifies for a family violence
202.10waiver including an employment plan under subdivision 3, and to determine whether the
202.11participant should be referred to family stabilization services under section 256J.575.
202.12    (b) The scope of assessment must cover at least the following areas:
202.13    (1) basic information about the participant's ability to obtain and retain employment,
202.14including: a review of the participant's education level; interests, skills, and abilities; prior
202.15employment or work experience; transferable work skills; child care and transportation
202.16needs;
202.17    (2) identification of personal and family circumstances that impact the participant's
202.18ability to obtain and retain employment, including: any special needs of the children, the
202.19level of English proficiency, family violence issues, and any involvement with social
202.20services or the legal system;
202.21    (3) the results of a mental and chemical health screening tool designed by the
202.22commissioner and results of the brief screening tool for special learning needs. Screening
202.23tools for mental and chemical health and special learning needs must be approved by the
202.24commissioner and may only be administered by job counselors or county staff trained in
202.25using such screening tools. The commissioner shall work with county agencies to develop
202.26protocols for referrals and follow-up actions after screens are administered to participants,
202.27including guidance on how employment plans may be modified based upon outcomes
202.28of certain screens. Participants must be told of the purpose of the screens and how the
202.29information will be used to assist the participant in identifying and overcoming barriers to
202.30employment. Screening for mental and chemical health and special learning needs must
202.31be completed by participants who are unable to find suitable employment after six weeks
202.32of job search under subdivision 2, paragraph (b), and participants who are determined
202.33to have barriers to employment under subdivision 2, paragraph (d) three months after
202.34development of the initial employment plan or earlier if there is a documented need.
202.35Failure to complete the screens will result in sanction under section 256J.46; and
203.1    (4) a comprehensive review of participation and progress for participants who have
203.2received MFIP assistance and have not worked in unsubsidized employment during the
203.3past 12 months. The purpose of the review is to determine the need for additional services
203.4and supports, including placement in subsidized employment or unpaid work experience
203.5under section 256J.49, subdivision 13, or referral to family stabilization services under
203.6section 256J.575.
203.7    (c) Information gathered during a caregiver's participation in the diversionary work
203.8program under section 256J.95 must be incorporated into the assessment process.
203.9    (d) The job counselor may require the participant to complete a professional chemical
203.10use assessment to be performed according to the rules adopted under section 254A.03,
203.11subdivision 3
, including provisions in the administrative rules which recognize the cultural
203.12background of the participant, or a professional psychological assessment as a component
203.13of the assessment process, when the job counselor has a reasonable belief, based on
203.14objective evidence, that a participant's ability to obtain and retain suitable employment
203.15is impaired by a medical condition. The job counselor may assist the participant with
203.16arranging services, including child care assistance and transportation, necessary to meet
203.17needs identified by the assessment. Data gathered as part of a professional assessment
203.18must be classified and disclosed according to the provisions in section 13.46.

203.19    Sec. 20. Minnesota Statutes 2012, section 256J.521, subdivision 2, is amended to read:
203.20    Subd. 2. Employment plan; contents. (a) Based on the assessment under
203.21subdivision 1, the job counselor and the participant must develop an employment plan
203.22that includes participation in activities and hours that meet the requirements of section
203.23256J.55, subdivision 1 . The purpose of the employment plan is to identify for each
203.24participant the most direct path to unsubsidized employment and any subsequent steps that
203.25support long-term economic stability. The employment plan should be developed using
203.26the highest level of activity appropriate for the participant. Activities must be chosen from
203.27clauses (1) to (6), which are listed in order of preference. Notwithstanding this order of
203.28preference for activities, priority must be given for activities related to a family violence
203.29waiver when developing the employment plan. The employment plan must also list the
203.30specific steps the participant will take to obtain employment, including steps necessary
203.31for the participant to progress from one level of activity to another, and a timetable for
203.32completion of each step. Levels of activity include:
203.33    (1) unsubsidized employment;
203.34    (2) job search;
203.35    (3) subsidized employment or unpaid work experience;
204.1    (4) unsubsidized employment and job readiness education or job skills training;
204.2    (5) unsubsidized employment or unpaid work experience and activities related to
204.3a family violence waiver or preemployment needs; and
204.4    (6) activities related to a family violence waiver or preemployment needs.
204.5    (b) Participants who are determined to possess sufficient skills such that the
204.6participant is likely to succeed in obtaining unsubsidized employment must job search at
204.7least 30 hours per week for up to six weeks three months and accept any offer of suitable
204.8employment. The remaining hours necessary to meet the requirements of section 256J.55,
204.9subdivision 1
, may be met through participation in other work activities under section
204.10256J.49, subdivision 13 . The participant's employment plan must specify, at a minimum:
204.11(1) whether the job search is supervised or unsupervised on site or self-directed; (2)
204.12support services that will be provided; and (3) how frequently the participant must report
204.13to the job counselor. Participants who are unable to find suitable employment after six
204.14weeks three months must meet with the job counselor to determine whether other activities
204.15in paragraph (a) should be incorporated into the employment plan. Job search activities
204.16which are continued after six weeks three months must be structured and supervised.
204.17    (c) Participants who are determined to have barriers to obtaining or maintaining
204.18suitable employment that will not be overcome during six weeks three months of job
204.19search under paragraph (b) must work with the job counselor to develop an employment
204.20plan that addresses those barriers by incorporating appropriate activities from paragraph
204.21(a), clauses (1) to (6). The employment plan must include enough hours to meet the
204.22participation requirements in section 256J.55, subdivision 1, unless a compelling reason to
204.23require fewer hours is noted in the participant's file.
204.24    (d) The job counselor and the participant must sign the employment plan to indicate
204.25agreement on the contents.
204.26    (e) Except as provided under paragraph (f), failure to develop or comply with
204.27activities in the plan, or voluntarily quitting suitable employment without good cause, will
204.28result in the imposition of a sanction under section 256J.46.
204.29    (f) When a participant fails to meet the agreed-upon hours of participation in paid
204.30employment because the participant is not eligible for holiday pay and the participant's
204.31place of employment is closed for a holiday, the job counselor shall not impose a sanction
204.32or increase the hours of participation in any other activity, including paid employment, to
204.33offset the hours that were missed due to the holiday.
204.34    (g) Employment plans must be reviewed at least every three months to determine
204.35whether activities and hourly requirements should be revised. The job counselor is
204.36encouraged to allow participants who are participating in at least 20 hours of work
205.1activities to also participate in education and training activities in order to meet the federal
205.2hourly participation rates.

205.3    Sec. 21. Minnesota Statutes 2012, section 256J.53, subdivision 2, is amended to read:
205.4    Subd. 2. Approval of postsecondary education or training. (a) In order for a
205.5postsecondary education or training program to be an approved activity in an employment
205.6plan, the plan must include additional work activities if the education and training
205.7activities do not meet the minimum hours required to meet the federal work participation
205.8rate under Code of Federal Regulations, title 45, sections 261.31 and 261.35.
205.9    (b) Participants seeking approval of a postsecondary education or training plan must
205.10provide documentation work with the job counselor to document that:
205.11    (1) the employment goal can only be met with the additional education or training;
205.12    (2) there are suitable employment opportunities that require the specific education or
205.13training in the area in which the participant resides or is willing to reside;
205.14    (3) the education or training will result in significantly higher wages for the
205.15participant than the participant could earn without the education or training;
205.16    (4) the participant can meet the requirements for admission into the program; and
205.17    (5) there is a reasonable expectation that the participant will complete the training
205.18program based on such factors as the participant's MFIP assessment, previous education,
205.19training, and work history; current motivation; and changes in previous circumstances.

205.20    Sec. 22. Minnesota Statutes 2012, section 256J.53, subdivision 5, is amended to read:
205.21    Subd. 5. Requirements after postsecondary education or training. Upon
205.22completion of an approved education or training program, a participant who does not meet
205.23the participation requirements in section 256J.55, subdivision 1, through unsubsidized
205.24employment must participate in job search. If, after six weeks three months of job search,
205.25the participant does not find a full-time job consistent with the employment goal, the
205.26participant must accept any offer of full-time suitable employment, or meet with the job
205.27counselor to revise the employment plan to include additional work activities necessary to
205.28meet hourly requirements.

205.29    Sec. 23. Minnesota Statutes 2013 Supplement, section 256J.621, subdivision 1,
205.30is amended to read:
205.31    Subdivision 1. Program characteristics. (a) Effective October 1, 2009, upon
205.32exiting the diversionary work program (DWP) or upon terminating Within 30 days of
205.33exiting the Minnesota family investment program with earnings, a participant who is
206.1employed may be eligible the county must assess eligibility for work participation cash
206.2benefits of $25 per month to assist in meeting the family's basic needs as the participant
206.3continues to move toward self-sufficiency. Payment begins effective the first of the month
206.4following exit or termination for MFIP and DWP participants.
206.5    (b) To be eligible for work participation cash benefits, the participant shall not
206.6receive MFIP or diversionary work program assistance during the month and the
206.7participant or participants must meet the following work requirements:
206.8    (1) if the participant is a single caregiver and has a child under six years of age, the
206.9participant must be employed at least 87 hours per month;
206.10    (2) if the participant is a single caregiver and does not have a child under six years of
206.11age, the participant must be employed at least 130 hours per month; or
206.12    (3) if the household is a two-parent family, at least one of the parents must be
206.13employed 130 hours per month.
206.14    Whenever a participant exits the diversionary work program or is terminated from
206.15MFIP and meets the other criteria in this section, work participation cash benefits are
206.16available for up to 24 consecutive months.
206.17    (c) Expenditures on the program are maintenance of effort state funds under
206.18a separate state program for participants under paragraph (b), clauses (1) and (2).
206.19Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort
206.20funds. Months in which a participant receives work participation cash benefits under this
206.21section do not count toward the participant's MFIP 60-month time limit.

206.22    Sec. 24. Minnesota Statutes 2012, section 256J.626, subdivision 5, is amended to read:
206.23    Subd. 5. Innovation projects. Beginning January 1, 2005, no more than $3,000,000
206.24of the funds annually appropriated to the commissioner for use in the consolidated fund
206.25shall be available to the commissioner for projects testing to reward high-performing
206.26counties and tribes, support promising practices, and test innovative approaches to
206.27improving outcomes for MFIP participants, family stabilization services participants, and
206.28persons at risk of receiving MFIP as detailed in subdivision 3. Projects shall Project
206.29funds may be targeted to geographic areas with poor outcomes as specified in section
206.30256J.751, subdivision 5 , or to subgroups within the MFIP case load who are experiencing
206.31poor outcomes.

206.32    Sec. 25. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 6,
206.33is amended to read:
207.1    Subd. 6. Base allocation to counties and tribes; definitions. (a) For purposes of
207.2this section, the following terms have the meanings given.
207.3    (1) "2002 historic spending base" means the commissioner's determination of
207.4the sum of the reimbursement related to fiscal year 2002 of county or tribal agency
207.5expenditures for the base programs listed in clause (6), items (i) through (iv), and earnings
207.6related to calendar year 2002 in the base program listed in clause (6), item (v), and the
207.7amount of spending in fiscal year 2002 in the base program listed in clause (6), item (vi),
207.8issued to or on behalf of persons residing in the county or tribal service delivery area.
207.9    (2) "Adjusted caseload factor" means a factor weighted:
207.10    (i) 47 percent on the MFIP cases in each county at four points in time in the most
207.11recent 12-month period for which data is available multiplied by the county's caseload
207.12difficulty factor; and
207.13    (ii) 53 percent on the count of adults on MFIP in each county and tribe at four points
207.14in time in the most recent 12-month period for which data is available multiplied by the
207.15county or tribe's caseload difficulty factor.
207.16    (3) "Caseload difficulty factor" means a factor determined by the commissioner for
207.17each county and tribe based upon the self-support index described in section 256J.751,
207.18subdivision 2
, clause (6).
207.19    (4) "Initial allocation" means the amount potentially available to each county or tribe
207.20based on the formula in paragraphs (b) through (d).
207.21    (5) "Final allocation" means the amount available to each county or tribe based on
207.22the formula in paragraphs (b) through (d), after adjustment by subdivision 7.
207.23    (6) "Base programs" means the:
207.24    (i) MFIP employment and training services under Minnesota Statutes 2002, section
207.25256J.62, subdivision 1 , in effect June 30, 2002;
207.26    (ii) bilingual employment and training services to refugees under Minnesota Statutes
207.272002, section 256J.62, subdivision 6, in effect June 30, 2002;
207.28    (iii) work literacy language programs under Minnesota Statutes 2002, section
207.29256J.62, subdivision 7 , in effect June 30, 2002;
207.30    (iv) supported work program authorized in Laws 2001, First Special Session chapter
207.319, article 17, section 2, in effect June 30, 2002;
207.32    (v) administrative aid program under section 256J.76 in effect December 31, 2002;
207.33and
207.34    (vi) emergency assistance program under Minnesota Statutes 2002, section 256J.48,
207.35in effect June 30, 2002.
208.1    (b) The commissioner shall determine for calendar year 2008 and subsequent years
208.2the initial allocation of funds to be made available under this section based 50 percent on
208.3the proportion of the county or tribe's share of the statewide 2002 historic spending base and
208.450 percent on the proportion of the county or tribe's share of the adjusted caseload factor.
208.5    (c) With the commencement of a new or expanded tribal TANF program, or for
208.6tribes administering TANF as authorized under Laws 2011, First Special Session chapter
208.79, article 9, section 18, or an agreement under section 256.01, subdivision 2, paragraph
208.8(g), in which some or all of the responsibilities of particular counties under this section are
208.9transferred to a tribe, the commissioner shall:
208.10    (1) in the case where all responsibilities under this section are transferred to a
208.11tribe or tribal program, determine the percentage of the county's current caseload that is
208.12transferring to a tribal program and adjust the affected county's allocation and tribe's
208.13allocations accordingly; and
208.14    (2) in the case where a portion of the responsibilities under this section are
208.15transferred to a tribe or tribal program, the commissioner shall consult with the affected
208.16county or counties to determine an appropriate adjustment to the allocation.
208.17    (d) Effective January 1, 2005, counties and tribes will have their final allocations
208.18adjusted based on the performance provisions of subdivision 7.

208.19    Sec. 26. Minnesota Statutes 2013 Supplement, section 256J.626, subdivision 7,
208.20is amended to read:
208.21    Subd. 7. Performance base funds. (a) For the purpose of this section, the following
208.22terms have the meanings given.
208.23    (1) "Caseload Reduction Credit" (CRC) means the measure of how much Minnesota
208.24TANF and separate state program caseload has fallen relative to federal fiscal year 2005
208.25based on caseload data from October 1 to September 30.
208.26    (2) "TANF participation rate target" means a 50 percent participation rate reduced by
208.27the CRC for the previous year.
208.28    (b) (a) Each county and tribe will must be allocated 95 percent of their initial
208.29calendar year allocation. Counties and tribes will must be allocated additional funds
208.30based on performance as follows:
208.31    (1) a county or tribe that achieves the TANF participation rate target or a five
208.32percentage point improvement over the previous year's TANF participation rate under
208.33section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive months for
208.34the most recent year for which the measurements are available, will receive an additional
208.35allocation equal to 2.5 percent of its initial allocation;
209.1    (2) (1) a county or tribe that performs within or above its range of expected
209.2performance on the annualized three-year self-support index under section 256J.751,
209.3subdivision 2
, clause (6), will must receive an additional allocation equal to 2.5 five
209.4 percent of its initial allocation; and
209.5    (3) a county or tribe that does not achieve the TANF participation rate target or
209.6a five percentage point improvement over the previous year's TANF participation rate
209.7under section 256J.751, subdivision 2, clause (7), as averaged across 12 consecutive
209.8months for the most recent year for which the measurements are available, will not
209.9receive an additional 2.5 percent of its initial allocation until after negotiating a multiyear
209.10improvement plan with the commissioner; or
209.11    (4) (2) a county or tribe that does not perform within or above its range of expected
209.12performance on the annualized three-year self-support index under section 256J.751,
209.13subdivision 2
, clause (6), will must not receive an additional allocation equal to 2.5 five
209.14 percent of its initial allocation until after negotiating a multiyear improvement plan with
209.15the commissioner.
209.16    (c) (b) For calendar year 2009 2014 and yearly thereafter, performance-based funds
209.17for a federally approved tribal TANF program in which the state and tribe have in place a
209.18contract under section 256.01, addressing consolidated funding, will must be allocated
209.19as follows:
209.20    (1) a tribe that achieves the participation rate approved in its federal TANF plan
209.21using the average of 12 consecutive months for the most recent year for which the
209.22measurements are available, will receive an additional allocation equal to 2.5 percent of
209.23its initial allocation; and
209.24    (2) (1) a tribe that performs within or above its range of expected performance on the
209.25annualized three-year self-support index under section 256J.751, subdivision 2, clause (6),
209.26will must receive an additional allocation equal to 2.5 five percent of its initial allocation; or
209.27    (3) a tribe that does not achieve the participation rate approved in its federal TANF
209.28plan using the average of 12 consecutive months for the most recent year for which the
209.29measurements are available, will not receive an additional allocation equal to 2.5 percent
209.30of its initial allocation until after negotiating a multiyear improvement plan with the
209.31commissioner; or
209.32    (4) (2) a tribe that does not perform within or above its range of expected
209.33performance on the annualized three-year self-support index under section 256J.751,
209.34subdivision 2
, clause (6), will must not receive an additional allocation equal to 2.5 five
209.35 percent until after negotiating a multiyear improvement plan with the commissioner.
210.1    (d) (c) Funds remaining unallocated after the performance-based allocations in
210.2paragraph paragraphs (a) and (b) are available to the commissioner for innovation projects
210.3under subdivision 5.
210.4     (1) If available funds are insufficient to meet county and tribal allocations under
210.5paragraph paragraphs (a) and (b), the commissioner may make available for allocation
210.6funds that are unobligated and available from the innovation projects through the end
210.7of the current biennium.
210.8    (2) If after the application of clause (1) funds remain insufficient to meet county and
210.9tribal allocations under paragraph (b), the commissioner must proportionally reduce the
210.10allocation of each county and tribe with respect to their maximum allocation available
210.11under paragraph (a) or (b).

210.12    Sec. 27. Minnesota Statutes 2012, section 256J.626, subdivision 8, is amended to read:
210.13    Subd. 8. Reporting requirement and reimbursement. (a) The commissioner shall
210.14specify requirements for reporting according to section 256.01, subdivision 2, clause (17).
210.15Each county or tribe shall be reimbursed for eligible expenditures up to the limit of its
210.16allocation and subject to availability of funds.
210.17    (b) Reimbursements for county administrative-related expenditures determined
210.18through the income maintenance random moment time study shall be reimbursed at a
210.19rate of 50 percent of eligible expenditures.
210.20    (c) The commissioner of human services shall review county and tribal agency
210.21expenditures of the MFIP consolidated fund as appropriate and may reallocate
210.22unencumbered or unexpended money appropriated under this section to those county and
210.23tribal agencies that can demonstrate a need for additional money as follows:.
210.24    (1) to the extent that particular county or tribal allocations are reduced from the
210.25previous year's amount due to the phase-in under subdivision 6, paragraph (b), clauses (4)
210.26to (6), those tribes or counties would have first priority for reallocated funds; and
210.27    (2) To the extent that unexpended funds are insufficient to cover demonstrated need,
210.28funds will must be prorated to those counties and tribes in relation to demonstrated need.

210.29    Sec. 28. Minnesota Statutes 2012, section 256J.67, is amended to read:
210.30256J.67 COMMUNITY WORK EXPERIENCE.
210.31    Subdivision 1. Establishing the community work experience program. To the
210.32extent of available resources, each county agency may establish and operate a community
210.33work experience component for MFIP caregivers who are participating in employment and
210.34training services. This option for county agencies supersedes the requirement in section
211.1402(a)(1)(B)(iv) of the Social Security Act that caregivers who have received assistance
211.2for two months and who are not exempt from work requirements must participate in a
211.3work experience program. The purpose of the community work experience component is
211.4to enhance the caregiver's employability and self-sufficiency and to provide meaningful,
211.5productive work activities. The county shall use this program for an individual after
211.6exhausting all other employment opportunities. The county agency shall not require a
211.7caregiver to participate in the community work experience program unless the caregiver
211.8has been given an opportunity to participate in other work activities.
211.9    Subd. 2. Commissioner's duties. The commissioner shall assist counties in the
211.10design and implementation of these components.
211.11    Subd. 3. Employment options. (a) Work sites developed under this section are
211.12limited to projects that serve a useful public service such as: health, social service,
211.13environmental protection, education, urban and rural development and redevelopment,
211.14welfare, recreation, public facilities, public safety, community service, services to aged
211.15or disabled citizens, and child care. To the extent possible, the prior training, skills, and
211.16experience of a caregiver must be considered in making appropriate work experience
211.17assignments.
211.18    (b) Structured, supervised volunteer uncompensated work with an agency or
211.19organization, which is monitored by the county service provider, may, with the approval
211.20of the county agency, be used as a community work experience placement.
211.21    (c) As a condition of placing a caregiver in a program under this section, the county
211.22agency shall first provide the caregiver the opportunity:
211.23    (1) for placement in suitable subsidized or unsubsidized employment through
211.24participation in a job search; or
211.25    (2) for placement in suitable employment through participation in on-the-job
211.26training, if such employment is available.
211.27    Subd. 4. Employment plan. (a) The caretaker's employment plan must include
211.28the length of time needed in the community work experience program, the need to
211.29continue job-seeking activities while participating in community work experience, and
211.30the caregiver's employment goals.
211.31    (b) After each six months of a caregiver's participation in a community work
211.32experience job placement, and at the conclusion of each community work experience
211.33assignment under this section, the county agency shall reassess and revise, as appropriate,
211.34the caregiver's employment plan.
211.35    (c) A caregiver may claim good cause under section 256J.57, subdivision 1, for
211.36failure to cooperate with a community work experience job placement.
212.1    (d) The county agency shall limit the maximum number of hours any participant may
212.2work under this section to the amount of the MFIP standard of need divided by the federal
212.3or applicable state minimum wage, whichever is higher. After a participant has been
212.4assigned to a position for nine months, the participant may not continue in that assignment
212.5unless the maximum number of hours a participant works is no greater than the amount of
212.6the MFIP standard of need divided by the rate of pay for individuals employed in the same
212.7or similar occupations by the same employer at the same site. This limit does not apply if
212.8it would prevent a participant from counting toward the federal work participation rate.

212.9    Sec. 29. Minnesota Statutes 2012, section 256J.68, subdivision 1, is amended to read:
212.10    Subdivision 1. Applicability. (a) This section must be used to determine payment
212.11of any claims resulting from an alleged injury or death of a person participating in a
212.12county or a tribal community uncompensated work experience program under section
212.13256J.49, subdivision 13, paragraph (a), clause (3), that is approved by the commissioner
212.14and is operated by:
212.15    (1) the county agency;
212.16    (2) the tribe;
212.17    (3) a department of the state agency; or
212.18    (4) a community-based organization under contract, prior to April 1, 1997, with
212.19a tribe or county agency to provide a community an uncompensated work experience
212.20program or a food stamp community work experience employment and training program,
212.21provided the organization has not experienced any individual injury loss or claim greater
212.22than $1,000 under section 256D.051.
212.23    (b) This determination method is available to the community-based organization
212.24under paragraph (a), clause (4), only for claims incurred by participants in the community
212.25work experience program or the food stamp community work experience program.
212.26    (c) (b) This determination method section applies to the community work experience
212.27program under section 256J.67, the Supplemental Nutrition Assistance Program
212.28uncompensated work experience programs authorized, and other uncompensated work
212.29programs approved by the commissioner for persons applying for or receiving cash
212.30assistance and food stamps, and to the Minnesota parent's fair share program, in a
212.31county with an approved community investment program for obligors. Uncompensated
212.32work experience programs are considered to be approved by the commissioner if they
212.33are included in an approved tribal or county biennial service agreement under section
212.34256J.626, subdivision 4.

213.1    Sec. 30. Minnesota Statutes 2012, section 256J.68, subdivision 2, is amended to read:
213.2    Subd. 2. Investigation of the claim. Claims that are subject to this section
213.3must be investigated by the county agency or the tribal program tribe responsible for
213.4supervising the placing a participant in an uncompensated work experience program to
213.5determine whether the claimed injury occurred, whether the claimed medical expenses
213.6are reasonable, and whether the loss is covered by the claimant's insurance. If insurance
213.7coverage is established, the county agency or tribal program tribe shall submit the claim to
213.8the appropriate insurance entity for payment. The investigating county agency or tribal
213.9program tribe shall submit all valid remaining claims, in the amount net of any insurance
213.10payments, to the Department of Human Services.

213.11    Sec. 31. Minnesota Statutes 2012, section 256J.68, subdivision 4, is amended to read:
213.12    Subd. 4. Claims less than $1,000. The commissioner shall approve a claim of
213.13$1,000 or less for payment if appropriated funds are available, if the county agency
213.14or tribal program tribe responsible for supervising the placing a participant in an
213.15uncompensated work experience program has made the determinations required by this
213.16section, and if the work program was operated in compliance with the safety provisions
213.17of this section. The commissioner shall pay the portion of an approved claim of $1,000
213.18or less that is not covered by the claimant's insurance within three months of the date
213.1