Bill Text: MN SF887 | 2013-2014 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Omnibus health department policy bill; Minnesota Radon Awareness Act

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-05-10 - Secretary of State Chapter 43 05/07/13 [SF887 Detail]

Download: Minnesota-2013-SF887-Introduced.html

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A bill for an act

relating to health; requiring radon education disclosure for residential real
property; changing provisions for tuberculosis standards; changing adverse
health events reporting requirements; modifying a poison control provision;
providing liability coverage for certain volunteer medical personnel and
permitting agreements to conduct criminal background studies; defining
occupational therapy practitioners; changing provisions for occupational
therapy; amending prescribing authority for legend drugs;amending Minnesota
Statutes 2012, sections 144.50, by adding a subdivision; 144.55, subdivision
3; 144.56, by adding a subdivision; 144.7065, subdivisions 2, 3, 4, 5, 6, 7, by
adding a subdivision; 144A.04, by adding a subdivision; 144A.45, by adding a
subdivision; 144A.752, by adding a subdivision; 144D.08; 145.93, subdivision 3;
145A.04, by adding a subdivision; 145A.06, subdivision 7; 148.6402, by adding
a subdivision; 148.6440; 151.37, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 144; 145A; repealing Minnesota Statutes 2012,
section 146B.03, subdivision 10; Minnesota Rules, parts 4655.3000, subparts
2, 3, 4; 4658.0810, subparts 1, 2; 4658.0815, subparts 1, 2, 3, 4; 4664.0290,
subparts 1, 2, 3, 4; 4668.0065, subparts 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. [144.496] MINNESOTA RADON AWARENESS ACT.
    Subdivision 1. Citation. This section may be cited as the "Minnesota Radon
Awareness Act."
    Subd. 2. Definitions. (a) The following terms used in this section have the meanings
given them.
(b) "Agent" means a licensed real estate broker or salesperson as defined in section
82.55, subdivisions 19 and 20, acting on behalf of a seller or buyer of residential real
property.
(c) "Buyer" means any individual, partnership, corporation, or trustee entering into
an agreement to purchase any residential real estate or interest in real property.
(d) "Department" means the Department of Health.
(e) "Mitigation" means measures designed to permanently reduce indoor radon
concentrations.
(f) "Radon test" means a measurement of indoor radon concentrations according to
established industry standards for residential real property.
(g) "Residential real property" means any estate or interest in a manufactured
housing lot or a parcel of real property.
(h) "Seller" means any individual, partnership, corporation, or trustee transferring
residential real property in return for consideration.
(i) "Elevated radon concentration" means a radon concentration above the United
States Environmental Protection Agency's radon action level.
    Subd. 3. Radon testing and disclosure. (a) Except as excluded by subdivision
4, the seller shall provide to the buyer of any interest in residential real property the
department publication entitled "Radon Testing Guidelines for Real Estate Transactions"
and the "Minnesota Disclosure of Information on Radon," which is specified in paragraph
(b), stating that the property may present the potential for exposure to radon before the
buyer is obligated under any contract to purchase residential real property.
(b) The following Disclosure of Information on Radon Hazards form must be
provided to a buyer of residential real property as required by this section:
"DISCLOSURE OF INFORMATION ON RADON
(For Residential Real Property Sales or Purchases)
Radon Warning Statement
Every buyer of any interest in residential real property is notified that the property
may present exposure to dangerous levels of indoor radon gas that may place the occupants
at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is
the leading cause of lung cancer in nonsmokers and the second leading cause overall. The
seller of any interest in residential real property is required to provide the buyer with any
information on radon test results of the dwelling.
The Minnesota Department of Health strongly recommends ALL homebuyers have
an indoor radon test performed prior to purchase or taking occupancy, and recommends
having the radon levels mitigated if elevated radon concentrations are found. Elevated
radon concentrations can easily be reduced by a qualified, certified, or licensed, if
applicable, radon mitigator.
Physical Address of Property including street address, city, and zip code.
A. Seller's Disclosure; initial each of the following items that apply:
    (1) The seller has no knowledge of radon concentrations in the dwelling.
    (2) A radon test has been conducted in the dwelling.
    (3) The seller has provided the purchaser with the most current records and reports
pertaining to radon concentrations within the dwelling.
    (4) Radon concentrations above the United States Environmental Protection Agency
radon action level are known to be present within the dwelling.
    (5) Radon concentrations have been mitigated or remediated to concentrations below
the United States Environmental Protection Agency radon action level.
    (6) The seller has provided the purchaser with information regarding the
radon mitigation system installed in the dwelling including system description and
documentation.
    (7) The seller has no records or reports pertaining to radon concentrations within
the dwelling.
B. Purchaser's Acknowledgment; initial each of the following items that apply:
    (1) The purchaser has received copies of all information listed in A.
    (2) The purchaser has received the department approved Radon Testing Guidelines
for Real Estate Transactions.
C. Agent's Acknowledgement; initial if applicable:
The agent has informed the seller of the seller's obligation under Minnesota law.
D. Certification of Accuracy:
The following parties have reviewed the information above and each party certifies, to the
best of his or her knowledge, that the information he or she provided is true and accurate.
Seller....... Date............................................. Purchaser.............. Date...........
Seller....... Date............................................. Purchaser.............. Date...........
Seller's Agent....... Date................. Purchaser's Agent.............. Date..........."
(c) If any of the disclosures required by this section occur after the buyer has made
an offer to purchase the residential real property, the seller shall complete the required
disclosure activities prior to accepting the buyer's offer and allow the buyer an opportunity
to review the information and possibly amend the offer without penalty to the buyer.
    Subd. 4. Exclusions. This section does not apply to the following:
(1) Transfers pursuant to court order, including, but not limited to, transfers ordered
by a probate court in administration of an estate, transfers between spouses resulting from
a judgment of dissolution of marriage or legal separation, transfers pursuant to an order
of possession, transfers by a trustee in bankruptcy, transfers by eminent domain, and
transfers resulting from a decree for specific performance.
(2) Transfers from a mortgagor to a mortgagee by deed in lieu of foreclosure or
consent judgment, transfer by a judicial deed issued pursuant to a foreclosure sale to the
successful bidder or the assignee of a certificate of sale, transfer by a collateral assignment
of a beneficial interest of a land trust, or a transfer by a mortgagee or a successor in
interest to the mortgagee's secured position or a beneficiary under a deed in trust who has
acquired the real property by deed in lieu of foreclosure, consent judgment, or judicial
deed issued pursuant to a foreclosure sale.
(3) Transfers by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust.
(4) Transfers from one co-owner to one or more other co-owners.
(5) Transfers pursuant to testate or intestate succession.
(6) Transfers made to a spouse, or to a person or persons in the lineal line of
consanguinity of one or more of the sellers.
(7) Transfers from an entity that has taken title to residential real property from a
seller for the purpose of assisting in the relocation of the seller, so long as the entity
makes available to all prospective buyers a copy of the disclosure form furnished to the
entity by the seller.
(8) Transfers to or from any governmental entity.
(9) Transfers of any residential dwelling unit located on the third story or
higher above ground level of any structure or building, including, but not limited to,
condominium units and dwelling units in a residential cooperative.

    Sec. 2. Minnesota Statutes 2012, section 144.50, is amended by adding a subdivision
to read:
    Subd. 8. Supervised living facility provider; tuberculosis prevention and
control. (a) A supervised living facility provider must establish and maintain a
comprehensive tuberculosis infection control program according to the most current
tuberculosis infection control guidelines issued by the United States Centers for Disease
Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in
CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a
tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and volunteers. The Department of Health shall provide technical assistance
regarding implementation of the guidelines.
(b) Written compliance with this subdivision must be maintained by the provider.

    Sec. 3. Minnesota Statutes 2012, section 144.55, subdivision 3, is amended to read:
    Subd. 3. Standards for licensure. (a) Notwithstanding the provisions of section
144.56 , for the purpose of hospital licensure, the commissioner of health shall use as
minimum standards the hospital certification regulations promulgated pursuant to Title
XVIII of the Social Security Act, United States Code, title 42, section 1395, et seq. The
commissioner may use as minimum standards changes in the federal hospital certification
regulations promulgated after May 7, 1981, if the commissioner finds that such changes
are reasonably necessary to protect public health and safety. The commissioner shall also
promulgate in rules additional minimum standards for new construction.
(b) Each hospital and outpatient surgical center shall establish policies and
procedures to prevent the transmission of human immunodeficiency virus and hepatitis B
virus to patients and within the health care setting. The policies and procedures shall be
developed in conformance with the most recent recommendations issued by the United
States Department of Health and Human Services, Public Health Service, Centers for
Disease Control. The commissioner of health shall evaluate a hospital's compliance with
the policies and procedures according to subdivision 4.
(c) An outpatient surgical center provider must establish and maintain a
comprehensive tuberculosis infection control program according to the most current
tuberculosis infection control guidelines issued by the United States Centers for Disease
Control and Prevention (CDC), Division of Tuberculosis Elimination, as published in
CDC's Morbidity and Mortality Weekly Report (MMWR). This program must include a
tuberculosis infection control plan that covers all paid and unpaid employees, contractors,
students, and volunteers. The Department of Health shall provide technical assistance
regarding implementation of the guidelines.
(d) Written compliance with this subdivision must be maintained by the provider.

    Sec. 4. Minnesota Statutes 2012, section 144.56, is amended by adding a subdivision
to read:
    Subd. 2c. Boarding care home provider; tuberculosis prevention and control.
(a) A boarding care home provider must establish and maintain a comprehensive
tuberculosis infection control program according to the most current tuberculosis infection
control guidelines issued by the United States Centers for Disease Control and Prevention
(CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and
Mortality Weekly Report (MMWR). This program must include a tuberculosis infection
control plan that covers all paid and unpaid employees, contractors, students, residents,
and volunteers. The Department of Health shall provide technical assistance regarding
implementation of the guidelines.
(b) Written compliance with this subdivision must be maintained by the provider.

    Sec. 5. Minnesota Statutes 2012, section 144.7065, subdivision 2, is amended to read:
    Subd. 2. Surgical events. Events reportable under this subdivision are:
(1) surgery or other invasive procedure performed on a wrong body part that is not
consistent with the documented informed consent for that patient. Reportable events under
this clause do not include situations requiring prompt action that occur in the course of
surgery or situations whose urgency precludes obtaining informed consent;
(2) surgery or other invasive procedure performed on the wrong patient;
(3) the wrong surgical or other invasive procedure performed on a patient that is
not consistent with the documented informed consent for that patient. Reportable events
under this clause do not include situations requiring prompt action that occur in the course
of surgery or situations whose urgency precludes obtaining informed consent;
(4) retention of a foreign object in a patient after surgery or other invasive procedure,
excluding objects intentionally implanted as part of a planned intervention and objects
present prior to surgery that are intentionally retained; and
(5) death during or immediately after surgery or other invasive procedure of a
normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric
disturbance and for whom the pathologic processes for which the operation is to be
performed are localized and do not entail a systemic disturbance.

    Sec. 6. Minnesota Statutes 2012, section 144.7065, subdivision 3, is amended to read:
    Subd. 3. Product or device events. Events reportable under this subdivision are:
(1) patient death or serious disability injury associated with the use of contaminated
drugs, devices, or biologics provided by the facility when the contamination is the result
of generally detectable contaminants in drugs, devices, or biologics regardless of the
source of the contamination or the product;
(2) patient death or serious disability injury associated with the use or function of
a device in patient care in which the device is used or functions other than as intended.
"Device" includes, but is not limited to, catheters, drains, and other specialized tubes,
infusion pumps, and ventilators; and
(3) patient death or serious disability injury associated with intravascular air
embolism that occurs while being cared for in a facility, excluding deaths associated with
neurosurgical procedures known to present a high risk of intravascular air embolism.

    Sec. 7. Minnesota Statutes 2012, section 144.7065, subdivision 4, is amended to read:
    Subd. 4. Patient protection events. Events reportable under this subdivision are:
(1) an infant a patient of any age, who does not have decision-making capacity,
discharged to the wrong person;
(2) patient death or serious disability injury associated with patient disappearance,
excluding events involving adults who have decision-making capacity; and
(3) patient suicide or, attempted suicide resulting in serious disability injury, or
self-harm resulting in serious injury or death while being cared for in a facility due to
patient actions after admission to the facility, excluding deaths resulting from self-inflicted
injuries that were the reason for admission to the facility.

    Sec. 8. Minnesota Statutes 2012, section 144.7065, subdivision 5, is amended to read:
    Subd. 5. Care management events. Events reportable under this subdivision are:
(1) patient death or serious disability injury associated with a medication error,
including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong
patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of
administration, excluding reasonable differences in clinical judgment on drug selection
and dose;
(2) patient death or serious disability injury associated with a hemolytic reaction
due to the administration of ABO/HLA-incompatible unsafe administration of blood
or blood products;
(3) maternal death or serious disability injury associated with labor or delivery in a
low-risk pregnancy while being cared for in a facility, including events that occur within
42 days postdelivery and excluding deaths from pulmonary or amniotic fluid embolism,
acute fatty liver of pregnancy, or cardiomyopathy;
(4) patient death or serious disability directly related to hypoglycemia, the onset of
which occurs while the patient is being cared for in a facility death or serious injury of a
neonate associated with labor or delivery in a low-risk pregnancy;
(5) death or serious disability, including kernicterus, associated with failure
to identify and treat hyperbilirubinemia in neonates during the first 28 days of life.
"Hyperbilirubinemia" means bilirubin levels greater than 30 milligrams per deciliter;
(6) (5) stage 3 or 4 or unstageable ulcers acquired after admission to a facility,
excluding progression from stage 2 to stage 3 if stage 2 was recognized upon admission;
(7) patient death or serious disability due to spinal manipulative therapy; and
(8) (6) artificial insemination with the wrong donor sperm or wrong egg.;
(7) patient death or serious injury associated with a fall while being cared for in
a facility;
(8) the irretrievable loss of an irreplaceable biological specimen; and
(9) patient death or serious injury resulting from the failure to follow up or
communicate laboratory, pathology, or radiology test results.

    Sec. 9. Minnesota Statutes 2012, section 144.7065, subdivision 6, is amended to read:
    Subd. 6. Environmental events. Events reportable under this subdivision are:
(1) patient death or serious disability injury associated with an electric shock while
being cared for in a facility, excluding events involving planned treatments such as electric
countershock;
(2) any incident in which a line designated for oxygen or other gas to be delivered to
a patient contains the wrong gas or is contaminated by toxic substances;
(3) patient death or serious disability injury associated with a burn incurred from any
source while being cared for in a facility; and
(4) patient death or serious disability associated with a fall while being cared for in
a facility; and
(5) (4) patient death or serious disability injury associated with the use or lack of
restraints or bedrails while being cared for in a facility.

    Sec. 10. Minnesota Statutes 2012, section 144.7065, subdivision 7, is amended to read:
    Subd. 7. Potential criminal events. Events reportable under this subdivision are:
(1) any instance of care ordered by or provided by someone impersonating a
physician, nurse, pharmacist, or other licensed health care provider;
(2) abduction of a patient of any age;
(3) sexual assault on a patient within or on the grounds of a facility; and
(4) death or significant serious injury of a patient or staff member resulting from a
physical assault that occurs within or on the grounds of a facility.

    Sec. 11. Minnesota Statutes 2012, section 144.7065, is amended by adding a
subdivision to read:
    Subd. 7a. Radiologic events. Death or serious injury of a patient associated with
the introduction of a metallic object into the MRI area are reportable events under this
subdivision.

    Sec. 12. Minnesota Statutes 2012, section 144A.04, is amended by adding a
subdivision to read:
    Subd. 3b. Nursing home providers; tuberculosis prevention and control. (a)
A nursing home provider must establish and maintain a comprehensive tuberculosis
infection control program according to the most current tuberculosis infection control
guidelines issued by the United States Centers for Disease Control and Prevention (CDC),
Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality
Weekly Report (MMWR). This program must include a tuberculosis infection control plan
that covers all paid and unpaid employees, contractors, students, residents, and volunteers.
The Department of Health shall provide technical assistance regarding implementation of
the guidelines.
(b) Written compliance with this subdivision must be maintained by the provider.

    Sec. 13. Minnesota Statutes 2012, section 144A.45, is amended by adding a
subdivision to read:
    Subd. 6. Home care providers; tuberculosis prevention and control. (a) A home
care provider must establish and maintain a comprehensive tuberculosis infection control
program according to the most current tuberculosis infection control guidelines issued
by the United States Centers for Disease Control and Prevention (CDC), Division of
Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report
(MMWR). This program must include a tuberculosis infection control plan that covers
all paid and unpaid employees, contractors, students, and volunteers. The Department of
Health shall provide technical assistance regarding implementation of the guidelines.
(b) Written compliance with this subdivision must be maintained by the provider.

    Sec. 14. Minnesota Statutes 2012, section 144A.752, is amended by adding a
subdivision to read:
    Subd. 5. Hospice providers; tuberculosis prevention and control. (a) A hospice
provider must establish and maintain a comprehensive tuberculosis infection control
program according to the most current tuberculosis infection control guidelines issued
by the United States Centers for Disease Control and Prevention (CDC), Division of
Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report
(MMWR). This program must include a tuberculosis infection control plan that covers
all paid and unpaid employees, contractors, students, and volunteers. For residential
hospice facilities, the tuberculosis infection control plan must cover each hospice patient.
The Department of Health shall provide technical assistance regarding implementation of
the guidelines.
(b) Written compliance with this subdivision must be maintained by the provider.

    Sec. 15. Minnesota Statutes 2012, section 144D.08, is amended to read:
144D.08 UNIFORM CONSUMER INFORMATION GUIDE.
All housing with services establishments shall make available to all prospective
and current residents information consistent with the uniform format and the required
components adopted by the commissioner under section 144G.06. This section does not
apply to an establishment registered under section 144D.025 serving the homeless.

    Sec. 16. Minnesota Statutes 2012, section 145.93, subdivision 3, is amended to read:
    Subd. 3. Grant award; designation; payments under grant. Each odd-numbered
Every fifth year, the commissioner shall solicit applications for the poison information
centers by giving reasonable public notice of the availability of money appropriated or
otherwise available. The commissioner shall select from among the entities, whether profit
or nonprofit, or units of government the applicants that best fulfill the criteria specified in
subdivision 4. The grant shall be paid to the grantees quarterly beginning on July 1.

    Sec. 17. Minnesota Statutes 2012, section 145A.04, is amended by adding a
subdivision to read:
    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage. A
Minnesota Responds Medical Reserve Corps volunteer responding to a request for training
or assistance at the call of a board of health must be deemed an employee of the jurisdiction
for purposes of workers' compensation, tort claim defense, and indemnification.

    Sec. 18. Minnesota Statutes 2012, section 145A.06, subdivision 7, is amended to read:
    Subd. 7. Commissioner requests for health volunteers. (a) When the
commissioner receives a request for health volunteers from:
(1) a local board of health according to section 145A.04, subdivision 6c;
(2) the University of Minnesota Academic Health Center;
(3) another state or a territory through the Interstate Emergency Management
Assistance Compact authorized under section 192.89;
(4) the federal government through ESAR-VHP or another similar program; or
(5) a tribal or Canadian government;
the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
respond to the request. The commissioner may also ask for Minnesota Responds Medical
Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
(b) The commissioner may request Minnesota Responds Medical Reserve Corps
volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
or temporary units providing emergency patient stabilization, medical transport, or
ambulatory care. The commissioner may utilize the volunteers for training, mobilization
or demobilization, inspection, maintenance, repair, or other support functions for the
MMU facility or for other emergency units, as well as for provision of health care services.
(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
compensation provided by the volunteer's employer during volunteer service requested by
the commissioner. An employer is not liable for actions of an employee while serving as a
Minnesota Responds Medical Reserve Corps volunteer.
(d) If the commissioner matches the request under paragraph (a) with Minnesota
Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
sending and receiving jurisdictions in monitoring deployments, and shall coordinate
efforts with the division of homeland security and emergency management for out-of-state
deployments through the Interstate Emergency Management Assistance Compact or
other emergency management compacts.
(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
as of their initial deployment in response to the event or emergency that triggered a
subsequent commissioner's call.
(f) (1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
request for training or assistance at the call of the commissioner must be deemed an
employee of the state for purposes of workers' compensation and tort claim defense and
indemnification under section 3.736, without regard to whether the volunteer's activity is
under the direction and control of the commissioner, the division of homeland security
and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
hospital, alternate care site, or other health care provider treating patients from the public
health event or emergency.
(2) For purposes of calculating workers' compensation benefits under chapter 176,
the daily wage must be the usual wage paid at the time of injury or death for similar services
performed by paid employees in the community where the volunteer regularly resides, or
the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
reimbursement for travel and subsistence expenses during a deployment approved by the
commissioner under this subdivision according to reimbursement limits established for
paid state employees. Deployment begins when the volunteer leaves on the deployment
until the volunteer returns from the deployment, including all travel related to the
deployment. The Department of Health shall initially review and pay those expenses to
the volunteer. Except as otherwise provided by the Interstate Emergency Management
Assistance Compact in section 192.89 or agreements made thereunder, the department
shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
department for expenses of the volunteers.
(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
deployed outside the state pursuant to the Interstate Emergency Management Assistance
Compact, the provisions of the Interstate Emergency Management Assistance Compact
must control over any inconsistent provisions in this section.
(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
for workers' compensation arising out of a deployment under this section or out of a
training exercise conducted by the commissioner, the volunteer's workers compensation
benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
volunteer may also qualify under other clauses of section 176.011, subdivision 9.

    Sec. 19. [145A.061] CRIMINAL BACKGROUND STUDIES.
    Subdivision 1. Agreements to conduct criminal background studies. The
commissioner of health may develop agreements to conduct criminal background studies
on each person who registers as a volunteer in the Minnesota Responds Medical Reserve
Corps and applies for membership in the Minnesota behavioral health or mobile medical
teams. The background study is for the purpose of determining the applicant's suitability
and eligibility for membership. Each applicant must provide written consent authorizing
the Department of Health to obtain the applicant's state criminal background information.
    Subd. 2. Opportunity to challenge accuracy of report. Before denying the
applicant the opportunity to serve as a health volunteer due to information obtained from a
background study, the commissioner shall provide the applicant with the opportunity to
complete, or challenge the accuracy of, the criminal justice information reported to the
commissioner. The applicant shall have 30 calendar days to correct or complete the record
prior to the commissioner taking final action based on the report.
    Subd. 3. Denial of service. The commissioner may deny any applicant who has
been convicted of any of the following crimes:
Section 609.185 (murder in the first degree); section 609.19 (murder in the second
degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in
the first degree); section 609.205 (manslaughter in the second degree); section 609.25
(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section
609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of
an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first
degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344
(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in
the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section
609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to
engage in sexual conduct); section 609.352 (communication of sexually explicit materials
to children); section 609.365 (incest); section 609.377 (felony malicious punishment of
a child); section 609.378 (felony neglect or endangerment of a child); section 609.561
(arson in the first degree); section 609.562 (arson in the second degree); section 609.563
(arson in the third degree); section 609.749, subdivision 3, 4, or 5 (felony stalking); section
152.021 (controlled substance crimes in the first degree); section 152.022 (controlled
substance crimes in the second degree); section 152.023 (controlled substance crimes in
the third degree); section 152.024 (controlled substance crimes in the fourth degree);
section 152.025 (controlled substance crimes in the fifth degree); section 243.166
(violation of predatory offender registration law); section 617.23, subdivision 2, clause
(1), or subdivision 3, clause (1) (indecent exposure involving a minor); section 617.246
(use of minors in sexual performance); section 617.247 (possession of pornographic
work involving minors); section 609.221 (assault in the first degree); section 609.222
(assault in the second degree); section 609.223 (assault in the third degree); section
609.2231 (assault in the fourth degree); section 609.224 (assault in the fifth degree);
section 609.2242 (domestic assault); section 609.2247 (domestic assault by strangulation);
section 609.228 (great bodily harm caused by distribution of drugs); section 609.23
(mistreatment of persons confined); section 609.231 (mistreatment of residents or
patients); section 609.2325 (criminal abuse); section 609.233 (criminal neglect); section
609.2335 (financial exploitation of a vulnerable adult); section 609.234 (failure to report);
section 609.24 (simple robbery); section 609.245 (aggravated robbery); section 609.255
(false imprisonment); section 609.322 (solicitation, inducement, and promotion of
prostitution and sex trafficking); section 609.324, subdivision 1 (hiring or engaging minors
in prostitution); section 609.465 (presenting false claims to a public officer or body);
section 609.466 (medical assistance fraud); section 609.52 (felony theft); section 609.82
(felony fraud in obtaining credit); section 609.527 (felony identity theft); section 609.582
(felony burglary); section 609.611 (felony insurance fraud); section 609.625 (aggravated
forgery); section 609.63 (forgery); section 609.631 (felony check forgery); section 609.66,
subdivision 1e (felony drive-by shooting); section 609.71 (felony riot); section 609.713
(terroristic threats); section 609.72, subdivision 3 (disorderly conduct by a caregiver against
a vulnerable adult); section 609.821 (felony financial transaction card fraud); section
609.855, subdivision 4 (shooting at or in a public transit vehicle or facility); or aiding and
abetting, attempting, or conspiring to commit any of the offenses in this subdivision.
    Subd. 4. Conviction. For purposes of this section, an applicant is considered to
have been convicted of a crime if the applicant was convicted, adjudicated delinquent, or
otherwise found guilty, including by entering an Alford plea; was found guilty but the
adjudication of guilt was stayed or withheld; or was convicted but the imposition or
execution of a sentence was stayed.
    Subd. 5. Data practices. All state criminal history record information or data
used to match state health occupational licensing or national databases obtained by the
commissioner from the Bureau of Criminal Apprehension is private data on individuals
under section 13.02, subdivision 12, and restricted to the exclusive use of commissioner
for the purpose of evaluating an applicant's eligibility for participation in the behavioral
health or mobile field medical team.
    Subd. 6. Use of volunteers by commissioner. The commissioner may deny a
volunteer membership on a mobile medical team or behavioral health team for any reason,
and is only required to communicate the reason when membership is denied as a result
of information received from a criminal background study. The commissioner is exempt
from the Criminal Offenders Rehabilitation Act under chapter 364 in the selection of
volunteers for any position or activity including the Minnesota Responds Medical Reserve
Corps, the Minnesota behavioral health team, and the mobile medical team.

    Sec. 20. Minnesota Statutes 2012, section 148.6402, is amended by adding a
subdivision to read:
    Subd. 16a. Occupational therapy practitioner. "Occupational therapy
practitioner" means any individual licensed as either an occupational therapist or
occupational therapy assistant under sections 148.6401 to 148.6450.

    Sec. 21. Minnesota Statutes 2012, section 148.6440, is amended to read:
148.6440 PHYSICAL AGENT MODALITIES.
    Subdivision 1. General considerations. (a) Occupational therapists therapy
practitioners who intend to use superficial physical agent modalities must comply with the
requirements in subdivision 3. Occupational therapists therapy practitioners who intend
to use electrotherapy must comply with the requirements in subdivision 4. Occupational
therapists therapy practitioners who intend to use ultrasound devices must comply with
the requirements in subdivision 5. Occupational therapy practitioners who are licensed
as occupational therapy assistants and who intend to use physical agent modalities must
also comply with subdivision 6.
(b) Use of superficial physical agent modalities, electrical stimulation devices, and
ultrasound devices must be on the order of a physician.
(c) Prior to any use of any physical agent modality, a licensee an occupational
therapy practitioner must obtain approval from the commissioner. The commissioner
shall maintain a roster of persons licensed under sections 148.6401 to 148.6450 who are
approved to use physical agent modalities.
(d) Licensees Occupational therapy practitioners are responsible for informing the
commissioner of any changes in the information required in this section within 30 days
of any change.
    Subd. 2. Written documentation required. (a) An occupational therapist
therapy practitioner must provide to the commissioner documentation verifying that
the occupational therapist therapy practitioner has met the educational and clinical
requirements described in subdivisions 3 to 5, depending on the modality or modalities
to be used. Both theoretical training and clinical application objectives must be met for
each modality used. Documentation must include the name and address of the individual
or organization sponsoring the activity; the name and address of the facility at which
the activity was presented; and a copy of the course, workshop, or seminar description,
including learning objectives and standards for meeting the objectives. In the case of
clinical application objectives, teaching methods must be documented, including actual
supervised practice. Documentation must include a transcript or certificate showing
successful completion of the coursework. Coursework completed more than two years
prior to the date of application must be retaken. An occupational therapist therapy
practitioner who is a certified hand therapist shall document satisfaction of the requirements
in subdivisions 3 to 5 by submitting to the commissioner a copy of a certificate issued
by the Hand Therapy Certification Commission. Occupational therapy practitioners are
prohibited from using physical agent modalities under supervision or independently until
granted approval as provided in subdivision 7, except under the provisions in paragraph (b).
(b) If a an occupational therapy practitioner has successfully completed a specific
course previously reviewed and approved by the commissioner as provided for in
subdivision 7, and has submitted the written documentation required in paragraph (a)
within 30 calendar days from the course date, the occupational therapy practitioner
awaiting written approval from the commissioner may use physical agent modalities under
the supervision of a an occupational therapy practitioner listed on the roster of persons
approved to use physical agent modalities.
    Subd. 3. Requirements for use of superficial physical agent modalities. (a) An
occupational therapist therapy practitioner may use superficial physical agent modalities
if the occupational therapist therapy practitioner has received theoretical training and
clinical application training in the use of superficial physical agent modalities and been
granted approval as provided in subdivision 7.
(b) Theoretical training in the use of superficial physical agent modalities must:
(1) explain the rationale and clinical indications for use of superficial physical agent
modalities;
(2) explain the physical properties and principles of the superficial physical agent
modalities;
(3) describe the types of heat and cold transference;
(4) explain the factors affecting tissue response to superficial heat and cold;
(5) describe the biophysical effects of superficial physical agent modalities in
normal and abnormal tissue;
(6) describe the thermal conductivity of tissue, matter, and air;
(7) explain the advantages and disadvantages of superficial physical agent
modalities; and
(8) explain the precautions and contraindications of superficial physical agent
modalities.
(c) Clinical application training in the use of superficial physical agent modalities
must include activities requiring the occupational therapy practitioner to:
(1) formulate and justify a plan for the use of superficial physical agents for
treatment appropriate to its use and simulate the treatment;
(2) evaluate biophysical effects of the superficial physical agents;
(3) identify when modifications to the treatment plan for use of superficial physical
agents are needed and propose the modification plan;
(4) safely and appropriately administer superficial physical agents under the
supervision of a course instructor or clinical trainer;
(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for the superficial physical agents; and
(6) demonstrate the ability to work competently with superficial physical agents as
determined by a course instructor or clinical trainer.
    Subd. 4. Requirements for use of electrotherapy. (a) An occupational therapist
therapy practitioner may use electrotherapy if the occupational therapist therapy
practitioner has received theoretical training and clinical application training in the use of
electrotherapy and been granted approval as provided in subdivision 7.
(b) Theoretical training in the use of electrotherapy must:
(1) explain the rationale and clinical indications of electrotherapy, including pain
control, muscle dysfunction, and tissue healing;
(2) demonstrate comprehension and understanding of electrotherapeutic terminology
and biophysical principles, including current, voltage, amplitude, and resistance;
(3) describe the types of current used for electrical stimulation, including the
description, modulations, and clinical relevance;
(4) describe the time-dependent parameters of pulsed and alternating currents,
including pulse and phase durations and intervals;
(5) describe the amplitude-dependent characteristics of pulsed and alternating
currents;
(6) describe neurophysiology and the properties of excitable tissue;
(7) describe nerve and muscle response from externally applied electrical
stimulation, including tissue healing;
(8) describe the electrotherapeutic effects and the response of nerve, denervated and
innervated muscle, and other soft tissue; and
(9) explain the precautions and contraindications of electrotherapy, including
considerations regarding pathology of nerve and muscle tissue.
(c) Clinical application training in the use of electrotherapy must include activities
requiring the occupational therapy practitioner to:
(1) formulate and justify a plan for the use of electrical stimulation devices for
treatment appropriate to its use and simulate the treatment;
(2) evaluate biophysical treatment effects of the electrical stimulation;
(3) identify when modifications to the treatment plan using electrical stimulation are
needed and propose the modification plan;
(4) safely and appropriately administer electrical stimulation under supervision
of a course instructor or clinical trainer;
(5) document the parameters of treatment, case example (patient) response, and
recommendations for progression of treatment for electrical stimulation; and
(6) demonstrate the ability to work competently with electrical stimulation as
determined by a course instructor or clinical trainer.
    Subd. 5. Requirements for use of ultrasound. (a) An occupational therapist
therapy practitioner may use an ultrasound device if the occupational therapist therapy
practitioner has received theoretical training and clinical application training in the use of
ultrasound and been granted approval as provided in subdivision 7.
(b) The theoretical training in the use of ultrasound must:
(1) explain the rationale and clinical indications for the use of ultrasound, including
anticipated physiological responses of the treated area;
(2) describe the biophysical thermal and nonthermal effects of ultrasound on normal
and abnormal tissue;
(3) explain the physical principles of ultrasound, including wavelength, frequency,
attenuation, velocity, and intensity;
(4) explain the mechanism and generation of ultrasound and energy transmission
through physical matter; and
(5) explain the precautions and contraindications regarding use of ultrasound devices.
(c) The clinical application training in the use of ultrasound must include activities
requiring the practitioner to:
(1) formulate and justify a plan for the use of ultrasound for treatment appropriate to
its use and stimulate the treatment;
(2) evaluate biophysical effects of ultrasound;
(3) identify when modifications to the treatment plan for use of ultrasound are
needed and propose the modification plan;
(4) safely and appropriately administer ultrasound under supervision of a course
instructor or clinical trainer;
(5) document parameters of treatment, patient response, and recommendations for
progression of treatment for ultrasound; and
(6) demonstrate the ability to work competently with ultrasound as determined
by a course instructor or clinical trainer.
    Subd. 6. Occupational therapy assistant use of physical agent modalities. An
occupational therapy practitioner licensed as an occupational therapy assistant may set
up and implement treatment using physical agent modalities if the licensed occupational
therapy assistant meets the requirements of this section, has applied for and received
written approval from the commissioner to use physical agent modalities as provided in
subdivision 7, has demonstrated service competency for the particular modality used, and
works under the direct supervision of an occupational therapy practitioner licensed as an
occupational therapist who has been granted approval as provided in subdivision 7. An
occupational therapy practitioner licensed as an occupational therapy assistant who uses
superficial physical agent modalities must meet the requirements of subdivision 3. An
occupational therapy practitioner licensed as an occupational therapy assistant who uses
electrotherapy must meet the requirements of subdivision 4. An occupational therapy
practitioner licensed as an occupational therapy assistant who uses ultrasound must meet
the requirements of subdivision 5. An occupational therapy practitioner licensed as an
occupational therapist may not delegate evaluation, reevaluation, treatment planning, and
treatment goals for physical agent modalities to an occupational therapy practitioner
licensed as an occupational therapy assistant.
    Subd. 7. Approval. (a) The advisory council shall appoint a committee to review
documentation under subdivisions 2 to 6 to determine if established educational and
clinical requirements are met. If, after review of course documentation, the committee
verifies that a specific course meets the theoretical and clinical requirements in
subdivisions 2 to 6, the commissioner may approve practitioner applications that include
the required course documentation evidencing completion of the same course.
(b) Occupational therapists therapy practitioners shall be advised of the status of
their request for approval within 30 days. Occupational therapists therapy practitioners
must provide any additional information requested by the committee that is necessary to
make a determination regarding approval or denial.
(c) A determination regarding a request for approval of training under this
subdivision shall be made in writing to the occupational therapist therapy practitioner. If
denied, the reason for denial shall be provided.
(d) A licensee An occupational therapy practitioner who was approved by the
commissioner as a level two provider prior to July 1, 1999, shall remain on the roster
maintained by the commissioner in accordance with subdivision 1, paragraph (c).
(e) To remain on the roster maintained by the commissioner, a licensee an
occupational therapy practitioner who was approved by the commissioner as a level one
provider prior to July 1, 1999, must submit to the commissioner documentation of training
and experience gained using physical agent modalities since the licensee's occupational
therapy practitioner's approval as a level one provider. The committee appointed under
paragraph (a) shall review the documentation and make a recommendation to the
commissioner regarding approval.
(f) An occupational therapist therapy practitioner who received training in the
use of physical agent modalities prior to July 1, 1999, but who has not been placed on
the roster of approved providers may submit to the commissioner documentation of
training and experience gained using physical agent modalities. The committee appointed
under paragraph (a) shall review documentation and make a recommendation to the
commissioner regarding approval.

    Sec. 22. Minnesota Statutes 2012, section 151.37, subdivision 2, is amended to read:
    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
professional practice only, may prescribe, administer, and dispense a legend drug, and may
cause the same to be administered by a nurse, a physician assistant, or medical student or
resident under the practitioner's direction and supervision, and may cause a person who
is an appropriately certified, registered, or licensed health care professional to prescribe,
dispense, and administer the same within the expressed legal scope of the person's practice
as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug,
without reference to a specific patient, by directing a nurse, pursuant to section 148.235,
subdivisions 8 and 9 , physician assistant, medical student or resident, or pharmacist
according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
protocol when treating patients whose condition falls within such guideline or protocol,
and when such guideline or protocol specifies the circumstances under which the legend
drug is to be prescribed and administered. An individual who verbally, electronically, or
otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
not be deemed to have prescribed the legend drug. This paragraph applies to a physician
assistant only if the physician assistant meets the requirements of section 147A.18.
(b) The commissioner of health, if a licensed practitioner, or a person designated
by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
individual or by protocol for mass dispensing purposes where the commissioner finds that
the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
to control tuberculosis and other communicable diseases. The commissioner may modify
state drug labeling requirements, and medical screening criteria and documentation, where
time is critical and limited labeling and screening are most likely to ensure legend drugs
reach the maximum number of persons in a timely fashion so as to reduce morbidity
and mortality.
    (c) A licensed practitioner that dispenses for profit a legend drug that is to be
administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
file with the practitioner's licensing board a statement indicating that the practitioner
dispenses legend drugs for profit, the general circumstances under which the practitioner
dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
any amount received by the practitioner in excess of the acquisition cost of a legend drug
for legend drugs that are purchased in prepackaged form, or (2) any amount received
by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
making the drug available if the legend drug requires compounding, packaging, or other
treatment. The statement filed under this paragraph is public data under section 13.03.
This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
To dispense for profit does not include dispensing by a community health clinic when the
profit from dispensing is used to meet operating expenses.
    (d) A prescription or drug order for the following drugs is not valid, unless it can be
established that the prescription or order was based on a documented patient evaluation,
including an examination, adequate to establish a diagnosis and identify underlying
conditions and contraindications to treatment:
    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
    (2) drugs defined by the Board of Pharmacy as controlled substances under section
152.02, subdivisions 7 , 8, and 12;
    (3) muscle relaxants;
    (4) centrally acting analgesics with opioid activity;
    (5) drugs containing butalbital; or
    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
    (e) For the purposes of paragraph (d), the requirement for an examination shall be
met if an in-person examination has been completed in any of the following circumstances:
    (1) the prescribing practitioner examines the patient at the time the prescription
or drug order is issued;
    (2) the prescribing practitioner has performed a prior examination of the patient;
    (3) another prescribing practitioner practicing within the same group or clinic as the
prescribing practitioner has examined the patient;
    (4) a consulting practitioner to whom the prescribing practitioner has referred the
patient has examined the patient; or
    (5) the referring practitioner has performed an examination in the case of a
consultant practitioner issuing a prescription or drug order when providing services by
means of telemedicine.
    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
a drug through the use of a guideline or protocol pursuant to paragraph (a).
    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a
prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
in the Management of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control.
    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
of legend drugs through a public health clinic or other distribution mechanism approved
by the commissioner of health or a board of health in order to prevent, mitigate, or treat
a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
biological, chemical, or radiological agent.
    (i) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
prescription that the pharmacist knows, or would reasonably be expected to know, is not
valid under paragraph (d).
    (j) No pharmacist employed by, under contract to, or working for a pharmacy
licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
of this state based on a prescription that the pharmacist knows, or would reasonably be
expected to know, is not valid under paragraph (d).
(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
practitioner, or a person designated by the commissioner who is a licensed practitioner,
from prescribing legend drugs for field-delivered therapy in the treatment of a
communicable disease according to the Centers For Disease Control and Prevention
Partner Services Guidelines.

    Sec. 23. REPEALER.
(a) Minnesota Statutes 2012, section 146B.03, subdivision 10, is repealed.
(b) Minnesota Rules, parts 4655.3000, subparts 2, 3, and 4; 4658.0810, subparts
1 and 2; 4658.0815, subparts 1, 2, 3, and 4; 4664.0290, subparts 1, 2, 3, and 4; and
4668.0065, subparts 1 and 2, are repealed. The revisor shall make any cross-references
changes in Minnesota Statutes and Minnesota Rules required by the repealed parts in this
section. The revisor shall also make any necessary grammatical changes and changes to
the remaining text in Minnesota Statutes and Minnesota Rules and preserve its meaning.