1.2relating to health; repealing the moratorium on radiation therapy facility
1.3construction in Hennepin, Ramsey, Dakota, Washington, Anoka, Carver, Scott,
1.4St. Louis, Sherburne, Benton, Stearns, Chisago, Isanti, and Wright Counties;
1.5amending Minnesota Statutes 2010, section 144.5509.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 144.5509, is amended to read:
1.8144.5509 RADIATION THERAPY FACILITY CONSTRUCTION.
1.9    (a) A radiation therapy facility may be constructed only by an entity owned,
1.10operated, or controlled by a hospital licensed according to sections 144.50 to 144.56 either
1.11alone or in cooperation with another entity.
1.12    (b) Notwithstanding paragraph (a), there shall be a moratorium on the construction
1.13of any radiation therapy facility located in the following counties: Hennepin, Ramsey,
1.14Dakota, Washington, Anoka, Carver, Scott, St. Louis, Sherburne, Benton, Stearns,
1.15Chisago, Isanti, and Wright. This paragraph does not apply to the relocation or
1.16reconstruction of an existing facility owned by a hospital if the relocation or reconstruction
1.17is within one mile of the existing facility. This paragraph does not apply to a radiation
1.18therapy facility that is being built attached to a community hospital in Wright County and
1.19meets the following conditions prior to August 1, 2007: the capital expenditure report
1.20required under Minnesota Statutes, section 62J.17, has been filed with the commissioner
1.21of health; a timely construction schedule is developed, stipulating dates for beginning,
1.22achieving various stages, and completing construction; and all zoning and building
1.23permits applied for. This paragraph expires August 1, 2014.
1.24EFFECTIVE DATE.This section is effective the day following final enactment.