Bill Text: MN SF162 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Environmental laboratories certification provisions modifications
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2011-03-23 - Comm report: To pass as amended and re-refer to Health and Human Services [SF162 Detail]
Download: Minnesota-2011-SF162-Engrossed.html
1.2relating to health; changing provisions for certification of environmental
1.3laboratories;amending Minnesota Statutes 2010, section 144.98, subdivisions
1.42a, 7, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 144.98, subdivision 2a, is amended to read:
1.7 Subd. 2a. Standards. Notwithstanding the exemptions in subdivisions 8 and 9, the
1.8commissioner shall accredit laboratories according to the most current environmental
1.9laboratory accreditation standards under subdivision 1 and as accepted by the accreditation
1.10bodies recognized by the National Environmental Laboratory Accreditation Program
1.11(NELAP) of the NELAC Institute.
1.12 Sec. 2. Minnesota Statutes 2010, section 144.98, subdivision 7, is amended to read:
1.13 Subd. 7. Initial accreditation and annual accreditation renewal. (a) The
1.14commissioner shall issue or renew accreditation after receipt of the completed application
1.15and documentation required in this section, provided the laboratory maintains compliance
1.16with the standards specified in subdivision 2a, notwithstanding any exemptions under
1.17subdivisions 8 and 9, and attests to the compliance on the application form.
1.18(b) The commissioner shall prorate the fees in subdivision 3 for laboratories
1.19applying for accreditation after December 31. The fees are prorated on a quarterly basis
1.20beginning with the quarter in which the commissioner receives the completed application
1.21from the laboratory.
1.22(c) Applications for renewal of accreditation must be received by November 1 and
1.23no earlier than October 1 of each year. The commissioner shall send annual renewal
2.1notices to laboratories 90 days before expiration. Failure to receive a renewal notice does
2.2not exempt laboratories from meeting the annual November 1 renewal date.
2.3(d) The commissioner shall issue all accreditations for the calendar year for which
2.4the application is made, and the accreditation shall expire on December 31 of that year.
2.5(e) The accreditation of any laboratory that fails to submit a renewal application
2.6and fees to the commissioner expires automatically on December 31 without notice or
2.7further proceeding. Any person who operates a laboratory as accredited after expiration of
2.8accreditation or without having submitted an application and paid the fees is in violation
2.9of the provisions of this section and is subject to enforcement action under sections
2.10144.989
to
144.993 , the Health Enforcement Consolidation Act. A laboratory with expired
2.11accreditation may reapply under subdivision 6.
2.12 Sec. 3. Minnesota Statutes 2010, section 144.98, is amended by adding a subdivision
2.13to read:
2.14 Subd. 8. Exemption from national standards for quality control and personnel
2.15requirements. Effective January 1, 2012, a laboratory that analyzes samples for
2.16compliance with a permit issued under section 115.03, subdivision 5, may request
2.17exemption from the personnel requirements and specific quality control provisions for
2.18microbiology and chemistry stated in the national standards as incorporated by reference
2.19in subdivision 2a. The commissioner shall grant the exemption if the laboratory:
2.20(1) complies with the methodology and quality control requirements, where
2.21available, in the most recent, approved edition of the Standard Methods for the
2.22Examination of Water and Wastewater as published by the Water Environment Federation;
2.23and
2.24(2) supplies the name of the person meeting the requirements in section 115.73, or
2.25the personnel requirements in the national standard pursuant to subdivision 2a.
2.26A laboratory applying for this exemption shall not also apply for simultaneous
2.27accreditation under the national standard.
2.28 Sec. 4. Minnesota Statutes 2010, section 144.98, is amended by adding a subdivision
2.29to read:
2.30 Subd. 9. Exemption from national standards for proficiency testing frequency.
2.31(a) Effective January 1, 2012, a laboratory applying for or requesting accreditation under
2.32the exemption in subdivision 8 must obtain an acceptable proficiency test result for each
2.33of the laboratory's accredited or requested fields of testing. The laboratory must analyze
3.1proficiency samples selected from one of two annual proficiency testing studies scheduled
3.2by the commissioner.
3.3(b) If a laboratory fails to successfully complete the first scheduled proficiency
3.4study, the laboratory shall:
3.5(1) obtain and analyze a supplemental test sample within 15 days of receiving the
3.6test report for the initial failed attempt; and
3.7(2) participate in the second annual study as scheduled by the commissioner.
3.8(c) If a laboratory does not submit results or fails two consecutive proficiency
3.9samples, the commissioner will revoke the laboratory's accreditation for the affected
3.10fields of testing.
3.11(d) The commissioner may require a laboratory to analyze additional proficiency
3.12testing samples beyond what is required in this subdivision if information available to
3.13the commissioner indicates that the laboratory's analysis for the field of testing does not
3.14meet the requirements for accreditation.
1.3laboratories;amending Minnesota Statutes 2010, section 144.98, subdivisions
1.42a, 7, by adding subdivisions.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 144.98, subdivision 2a, is amended to read:
1.7 Subd. 2a. Standards. Notwithstanding the exemptions in subdivisions 8 and 9, the
1.8commissioner shall accredit laboratories according to the most current environmental
1.9laboratory accreditation standards under subdivision 1 and as accepted by the accreditation
1.10bodies recognized by the National Environmental Laboratory Accreditation Program
1.11(NELAP) of the NELAC Institute.
1.12 Sec. 2. Minnesota Statutes 2010, section 144.98, subdivision 7, is amended to read:
1.13 Subd. 7. Initial accreditation and annual accreditation renewal. (a) The
1.14commissioner shall issue or renew accreditation after receipt of the completed application
1.15and documentation required in this section, provided the laboratory maintains compliance
1.16with the standards specified in subdivision 2a, notwithstanding any exemptions under
1.17subdivisions 8 and 9, and attests to the compliance on the application form.
1.18(b) The commissioner shall prorate the fees in subdivision 3 for laboratories
1.19applying for accreditation after December 31. The fees are prorated on a quarterly basis
1.20beginning with the quarter in which the commissioner receives the completed application
1.21from the laboratory.
1.22(c) Applications for renewal of accreditation must be received by November 1 and
1.23no earlier than October 1 of each year. The commissioner shall send annual renewal
2.1notices to laboratories 90 days before expiration. Failure to receive a renewal notice does
2.2not exempt laboratories from meeting the annual November 1 renewal date.
2.3(d) The commissioner shall issue all accreditations for the calendar year for which
2.4the application is made, and the accreditation shall expire on December 31 of that year.
2.5(e) The accreditation of any laboratory that fails to submit a renewal application
2.6and fees to the commissioner expires automatically on December 31 without notice or
2.7further proceeding. Any person who operates a laboratory as accredited after expiration of
2.8accreditation or without having submitted an application and paid the fees is in violation
2.9of the provisions of this section and is subject to enforcement action under sections
2.11accreditation may reapply under subdivision 6.
2.12 Sec. 3. Minnesota Statutes 2010, section 144.98, is amended by adding a subdivision
2.13to read:
2.14 Subd. 8. Exemption from national standards for quality control and personnel
2.15requirements. Effective January 1, 2012, a laboratory that analyzes samples for
2.16compliance with a permit issued under section 115.03, subdivision 5, may request
2.17exemption from the personnel requirements and specific quality control provisions for
2.18microbiology and chemistry stated in the national standards as incorporated by reference
2.19in subdivision 2a. The commissioner shall grant the exemption if the laboratory:
2.20(1) complies with the methodology and quality control requirements, where
2.21available, in the most recent, approved edition of the Standard Methods for the
2.22Examination of Water and Wastewater as published by the Water Environment Federation;
2.23and
2.24(2) supplies the name of the person meeting the requirements in section 115.73, or
2.25the personnel requirements in the national standard pursuant to subdivision 2a.
2.26A laboratory applying for this exemption shall not also apply for simultaneous
2.27accreditation under the national standard.
2.28 Sec. 4. Minnesota Statutes 2010, section 144.98, is amended by adding a subdivision
2.29to read:
2.30 Subd. 9. Exemption from national standards for proficiency testing frequency.
2.31(a) Effective January 1, 2012, a laboratory applying for or requesting accreditation under
2.32the exemption in subdivision 8 must obtain an acceptable proficiency test result for each
2.33of the laboratory's accredited or requested fields of testing. The laboratory must analyze
3.1proficiency samples selected from one of two annual proficiency testing studies scheduled
3.2by the commissioner.
3.3(b) If a laboratory fails to successfully complete the first scheduled proficiency
3.4study, the laboratory shall:
3.5(1) obtain and analyze a supplemental test sample within 15 days of receiving the
3.6test report for the initial failed attempt; and
3.7(2) participate in the second annual study as scheduled by the commissioner.
3.8(c) If a laboratory does not submit results or fails two consecutive proficiency
3.9samples, the commissioner will revoke the laboratory's accreditation for the affected
3.10fields of testing.
3.11(d) The commissioner may require a laboratory to analyze additional proficiency
3.12testing samples beyond what is required in this subdivision if information available to
3.13the commissioner indicates that the laboratory's analysis for the field of testing does not
3.14meet the requirements for accreditation.
