1.2relating to health; requiring radon education disclosure for residential real
1.3property; changing provisions for tuberculosis standards; changing adverse health
1.4events reporting requirements; modifying a poison control provision; providing
1.5liability coverage for certain volunteer medical personnel and permitting
1.6agreements to conduct criminal background studies; changing provisions for body
1.7art establishments and body art technicians; changing athletic trainer provisions;
1.8defining occupational therapy practitioners; changing provisions for occupational
1.9therapy; amending prescribing authority for legend drugs; providing penalties;
1.10amending Minnesota Statutes 2012, sections 144.50, by adding a subdivision;
1.11144.55, subdivision 3; 144.56, by adding a subdivision; 144.7065, subdivisions
1.122, 3, 4, 5, 6, 7, by adding a subdivision; 144A.04, by adding a subdivision;
1.13144A.45, by adding a subdivision; 144A.752, by adding a subdivision;
1.14144D.08; 145.93, subdivision 3; 145A.04, by adding a subdivision; 145A.06,
1.15subdivision 7; 146B.02, subdivisions 2, 8; 146B.03, by adding a subdivision;
1.16146B.07, subdivision 5; 148.6402, by adding a subdivision; 148.6440; 148.7802,
1.17subdivisions 3, 9; 148.7803; 148.7805, subdivision 1; 148.7808, subdivisions 1,
1.184; 148.7812, subdivision 2; 148.7813, by adding a subdivision; 148.7814; 151.37,
1.19subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
1.20144; 145A; repealing Minnesota Statutes 2012, sections 146B.03, subdivision
1.2110; 148.7808, subdivision 2; 148.7813; 325F.814; 609.2246; Minnesota Rules,
1.22parts 4655.3000, subparts 2, 3, 4; 4658.0810, subparts 1, 2; 4658.0815, subparts
1.231, 2, 3, 4; 4664.0290, subparts 1, 2, 3, 4; 4668.0065, subparts 1, 2.
1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25 Section 1.
[144.496] MINNESOTA RADON AWARENESS ACT.
1.26 Subdivision 1. Citation. This section may be cited as the "Minnesota Radon
1.27Awareness Act."
1.28 Subd. 2. Definitions. (a) The following terms used in this section have the meanings
1.29given them.
1.30(b) "Agent" means a licensed real estate broker or salesperson as defined in section
1.3182.55, subdivisions 19 and 20, acting on behalf of a seller or buyer of residential real
1.32property.
2.1(c) "Buyer" means any individual, partnership, corporation, or trustee entering into
2.2an agreement to purchase any residential real estate or interest in real property.
2.3(d) "Department" means the Department of Health.
2.4(e) "Mitigation" means measures designed to permanently reduce indoor radon
2.5concentrations.
2.6(f) "Radon test" means a measurement of indoor radon concentrations according to
2.7established industry standards for residential real property.
2.8(g) "Residential real property" means any estate or interest in a manufactured
2.9housing lot or a parcel of real property.
2.10(h) "Seller" means any individual, partnership, corporation, or trustee transferring
2.11residential real property in return for consideration.
2.12(i) "Elevated radon concentration" means a radon concentration above the United
2.13States Environmental Protection Agency's radon action level.
2.14 Subd. 3. Radon testing and disclosure. (a) Except as excluded by subdivision 4, the
2.15seller shall provide to the buyer of any interest in residential real property, before the buyer
2.16is obligated under any contract to purchase the residential real property, the Minnesota
2.17Department of Health's publication entitled "Radon Testing Guidelines for Real Estate
2.18Transactions" and the "Minnesota Disclosure of Information on Radon," which is specified
2.19in paragraph (b), stating that the property may present the potential for exposure to radon.
2.20(b) The following Disclosure of Information on Radon Hazards form must be
2.21provided to a buyer of residential real property as required by this section:
2.22"DISCLOSURE OF INFORMATION ON RADON(For Residential Real
2.23Property Sales or Purchases)
2.24Radon Warning Statement
2.25Every buyer of any interest in residential real property is notified that the property
2.26may present exposure to dangerous levels of indoor radon gas that may place the occupants
2.27at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is
2.28the leading cause of lung cancer in nonsmokers and the second leading cause overall. The
2.29seller of any interest in residential real property is required to provide the buyer with any
2.30information on radon test results of the dwelling.
2.31The Minnesota Department of Health strongly recommends ALL homebuyers have
2.32an indoor radon test performed prior to purchase or taking occupancy, and recommends
2.33having the radon levels mitigated if elevated radon concentrations are found. Elevated
2.34radon concentrations can easily be reduced by a qualified, certified, or licensed, if
2.35applicable, radon mitigator.
2.36Physical Address of Property including street address, city, and zip code.
3.1A. Seller's Disclosure; initial each of the following items that apply:
3.2 (1) The seller has no knowledge of radon concentrations in the dwelling.
3.3 (2) A radon test has been conducted in the dwelling.
3.4 (3) The seller has provided the purchaser with the most current records and reports
3.5pertaining to radon concentrations within the dwelling.
3.6 (4) Radon concentrations above the United States Environmental Protection Agency
3.7radon action level are known to be present within the dwelling.
3.8 (5) Radon concentrations have been mitigated or remediated to concentrations below
3.9the United States Environmental Protection Agency radon action level.
3.10 (6) The seller has provided the purchaser with information regarding the
3.11radon mitigation system installed in the dwelling including system description and
3.12documentation.
3.13 (7) The seller has no records or reports pertaining to radon concentrations within
3.14the dwelling.
3.15B. Purchaser's Acknowledgment; initial each of the following items that apply:
3.16 (1) The purchaser has received copies of all information listed in A.
3.17 (2) The purchaser has received the department approved Radon Testing Guidelines
3.18for Real Estate Transactions.
3.19C. Agent's Acknowledgement; initial if applicable:
3.20The agent has informed the seller of the seller's obligation under Minnesota law.
3.21D. Certification of Accuracy:
3.22The following parties have reviewed the information above and each party certifies, to the
3.23best of his or her knowledge, that the information he or she provided is true and accurate.
3.24Seller....... Date............................................. Purchaser.............. Date...........
3.25Seller....... Date............................................. Purchaser.............. Date...........
3.26Seller's Agent....... Date................. Purchaser's Agent.............. Date..........."
3.27(c) If any of the disclosures required by this section occur after the buyer has made
3.28an offer to purchase the residential real property, the seller shall complete the required
3.29disclosure activities prior to accepting the buyer's offer and allow the buyer an opportunity
3.30to review the information and possibly amend the offer without penalty to the buyer.
3.31 Subd. 4. Exclusions. This section does not apply to the following:
3.32(1) Transfers pursuant to court order, including, but not limited to, transfers ordered
3.33by a probate court in administration of an estate, transfers between spouses resulting from
3.34a judgment of dissolution of marriage or legal separation, transfers pursuant to an order
4.1of possession, transfers by a trustee in bankruptcy, transfers by eminent domain, and
4.2transfers resulting from a decree for specific performance.
4.3(2) Transfers from a mortgagor to a mortgagee by deed in lieu of foreclosure or
4.4consent judgment, transfer by a judicial deed issued pursuant to a foreclosure sale to the
4.5successful bidder or the assignee of a certificate of sale, transfer by a collateral assignment
4.6of a beneficial interest of a land trust, or a transfer by a mortgagee or a successor in
4.7interest to the mortgagee's secured position or a beneficiary under a deed in trust who has
4.8acquired the real property by deed in lieu of foreclosure, consent judgment, or judicial
4.9deed issued pursuant to a foreclosure sale.
4.10(3) Transfers by a fiduciary in the course of the administration of a decedent's estate,
4.11guardianship, conservatorship, or trust.
4.12(4) Transfers from one co-owner to one or more other co-owners.
4.13(5) Transfers pursuant to testate or intestate succession.
4.14(6) Transfers made to a spouse, or to a person or persons in the lineal line of
4.15consanguinity of one or more of the sellers.
4.16(7) Transfers from an entity that has taken title to residential real property from a
4.17seller for the purpose of assisting in the relocation of the seller, so long as the entity
4.18makes available to all prospective buyers a copy of the disclosure form furnished to the
4.19entity by the seller.
4.20(8) Transfers to or from any governmental entity.
4.21(9) Transfers of any residential dwelling unit located on the third story or
4.22higher above ground level of any structure or building, including, but not limited to,
4.23condominium units and dwelling units in a residential cooperative.
4.24 Sec. 2. Minnesota Statutes 2012, section 144.50, is amended by adding a subdivision
4.25to read:
4.26 Subd. 8. Supervised living facility; tuberculosis prevention and control. (a)
4.27A supervised living facility must establish and maintain a comprehensive tuberculosis
4.28infection control program according to the most current tuberculosis infection control
4.29guidelines issued by the United States Centers for Disease Control and Prevention (CDC),
4.30Division of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality
4.31Weekly Report (MMWR). This program must include a tuberculosis infection control plan
4.32that covers all paid and unpaid employees, contractors, students, and volunteers. The
4.33Department of Health shall provide technical assistance regarding implementation of
4.34the guidelines.
5.1(b) Written compliance with this subdivision must be maintained by the supervised
5.2living facility.
5.3 Sec. 3. Minnesota Statutes 2012, section 144.55, subdivision 3, is amended to read:
5.4 Subd. 3.
Standards for licensure. (a) Notwithstanding the provisions of section
5.5144.56
, for the purpose of hospital licensure, the commissioner of health shall use as
5.6minimum standards the hospital certification regulations promulgated pursuant to Title
5.7XVIII of the Social Security Act, United States Code, title 42, section 1395, et seq. The
5.8commissioner may use as minimum standards changes in the federal hospital certification
5.9regulations promulgated after May 7, 1981, if the commissioner finds that such changes
5.10are reasonably necessary to protect public health and safety. The commissioner shall also
5.11promulgate in rules additional minimum standards for new construction.
5.12(b) Each hospital and outpatient surgical center shall establish policies and
5.13procedures to prevent the transmission of human immunodeficiency virus and hepatitis B
5.14virus to patients and within the health care setting. The policies and procedures shall be
5.15developed in conformance with the most recent recommendations issued by the United
5.16States Department of Health and Human Services, Public Health Service, Centers for
5.17Disease Control. The commissioner of health shall evaluate a hospital's compliance with
5.18the policies and procedures according to subdivision 4.
5.19(c) An outpatient surgical center must establish and maintain a comprehensive
5.20tuberculosis infection control program according to the most current tuberculosis infection
5.21control guidelines issued by the United States Centers for Disease Control and Prevention
5.22(CDC), Division of Tuberculosis Elimination, as published in CDC's Morbidity and
5.23Mortality Weekly Report (MMWR). This program must include a tuberculosis infection
5.24control plan that covers all paid and unpaid employees, contractors, students, and
5.25volunteers. The Department of Health shall provide technical assistance regarding
5.26implementation of the guidelines.
5.27(d) Written compliance with this subdivision must be maintained by the outpatient
5.28surgical center.
5.29 Sec. 4. Minnesota Statutes 2012, section 144.56, is amended by adding a subdivision
5.30to read:
5.31 Subd. 2c. Boarding care home; tuberculosis prevention and control. (a) A
5.32boarding care home must establish and maintain a comprehensive tuberculosis infection
5.33control program according to the most current tuberculosis infection control guidelines
5.34issued by the United States Centers for Disease Control and Prevention (CDC), Division
6.1of Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly
6.2Report (MMWR). This program must include a tuberculosis infection control plan that
6.3covers all paid and unpaid employees, contractors, students, residents, and volunteers.
6.4The Department of Health shall provide technical assistance regarding implementation of
6.5the guidelines.
6.6(b) Written compliance with this subdivision must be maintained by the boarding
6.7care home.
6.8 Sec. 5. Minnesota Statutes 2012, section 144.7065, subdivision 2, is amended to read:
6.9 Subd. 2.
Surgical events. Events reportable under this subdivision are:
6.10(1) surgery
or other invasive procedure performed on a wrong body part that is not
6.11consistent with the documented informed consent for that patient. Reportable events under
6.12this clause do not include situations requiring prompt action that occur in the course of
6.13surgery or situations whose urgency precludes obtaining informed consent;
6.14(2) surgery
or other invasive procedure performed on the wrong patient;
6.15(3) the wrong surgical
or other invasive procedure performed on a patient that is
6.16not consistent with the documented informed consent for that patient. Reportable events
6.17under this clause do not include situations requiring prompt action that occur in the course
6.18of surgery or situations whose urgency precludes obtaining informed consent;
6.19(4) retention of a foreign object in a patient after surgery or other
invasive procedure,
6.20excluding objects intentionally implanted as part of a planned intervention and objects
6.21present prior to surgery that are intentionally retained; and
6.22(5) death during or immediately after surgery
or other invasive procedure of a
6.23normal, healthy patient who has no organic, physiologic, biochemical, or psychiatric
6.24disturbance and for whom the pathologic processes for which the operation is to be
6.25performed are localized and do not entail a systemic disturbance.
6.26 Sec. 6. Minnesota Statutes 2012, section 144.7065, subdivision 3, is amended to read:
6.27 Subd. 3.
Product or device events. Events reportable under this subdivision are:
6.28(1) patient death or serious
disability injury associated with the use of contaminated
6.29drugs, devices, or biologics provided by the facility when the contamination is the result
6.30of generally detectable contaminants in drugs, devices, or biologics regardless of the
6.31source of the contamination or the product;
6.32(2) patient death or serious
disability injury associated with the use or function of
6.33a device in patient care in which the device is used or functions other than as intended.
7.1"Device" includes, but is not limited to, catheters, drains, and other specialized tubes,
7.2infusion pumps, and ventilators; and
7.3(3) patient death or serious
disability injury associated with intravascular air
7.4embolism that occurs while being cared for in a facility, excluding deaths associated with
7.5neurosurgical procedures known to present a high risk of intravascular air embolism.
7.6 Sec. 7. Minnesota Statutes 2012, section 144.7065, subdivision 4, is amended to read:
7.7 Subd. 4.
Patient protection events. Events reportable under this subdivision are:
7.8(1)
an infant a patient of any age, who does not have decision-making capacity,
7.9 discharged to the wrong person;
7.10(2) patient death or serious
disability injury associated with patient disappearance,
7.11excluding events involving adults who have decision-making capacity; and
7.12(3) patient suicide
or, attempted suicide resulting in serious
disability injury, or
7.13self-harm resulting in serious injury or death while being cared for in a facility due to
7.14patient actions after admission to the facility, excluding deaths resulting from self-inflicted
7.15injuries that were the reason for admission to the facility.
7.16 Sec. 8. Minnesota Statutes 2012, section 144.7065, subdivision 5, is amended to read:
7.17 Subd. 5.
Care management events. Events reportable under this subdivision are:
7.18(1) patient death or serious
disability injury associated with a medication error,
7.19including, but not limited to, errors involving the wrong drug, the wrong dose, the wrong
7.20patient, the wrong time, the wrong rate, the wrong preparation, or the wrong route of
7.21administration, excluding reasonable differences in clinical judgment on drug selection
7.22and dose;
7.23(2) patient death or serious
disability injury associated with
a hemolytic reaction
7.24due to the administration of ABO/HLA-incompatible unsafe administration of blood
7.25or blood products;
7.26(3) maternal death or serious
disability injury associated with labor or delivery in a
7.27low-risk pregnancy while being cared for in a facility, including events that occur within
7.2842 days postdelivery and excluding deaths from pulmonary or amniotic fluid embolism,
7.29acute fatty liver of pregnancy, or cardiomyopathy;
7.30(4)
patient death or serious disability directly related to hypoglycemia, the onset of
7.31which occurs while the patient is being cared for in a facility death or serious injury of a
7.32neonate associated with labor or delivery in a low-risk pregnancy;
8.1(5) death or serious disability, including kernicterus, associated with failure
8.2to identify and treat hyperbilirubinemia in neonates during the first 28 days of life.
8.3"Hyperbilirubinemia" means bilirubin levels greater than 30 milligrams per deciliter;
8.4(6) (5) stage 3 or 4
or unstageable ulcers acquired after admission to a facility,
8.5excluding progression from stage 2 to stage 3 if stage 2 was recognized upon admission;
8.6(7) patient death or serious disability due to spinal manipulative therapy; and
8.7(8) (6) artificial insemination with the wrong donor sperm or wrong egg
.;
8.8(7) patient death or serious injury associated with a fall while being cared for in
8.9a facility;
8.10(8) the irretrievable loss of an irreplaceable biological specimen; and
8.11(9) patient death or serious injury resulting from the failure to follow up or
8.12communicate laboratory, pathology, or radiology test results.
8.13 Sec. 9. Minnesota Statutes 2012, section 144.7065, subdivision 6, is amended to read:
8.14 Subd. 6.
Environmental events. Events reportable under this subdivision are:
8.15(1) patient death or serious
disability injury associated with an electric shock while
8.16being cared for in a facility, excluding events involving planned treatments such as electric
8.17countershock;
8.18(2) any incident in which a line designated for oxygen or other gas to be delivered to
8.19a patient contains the wrong gas or is contaminated by toxic substances;
8.20(3) patient death or serious
disability injury associated with a burn incurred from any
8.21source while being cared for in a facility;
and
8.22(4) patient death or serious disability associated with a fall while being cared for in
8.23a facility; and
8.24(5) (4) patient death or serious
disability injury associated with the use or lack of
8.25restraints or bedrails while being cared for in a facility.
8.26 Sec. 10. Minnesota Statutes 2012, section 144.7065, subdivision 7, is amended to read:
8.27 Subd. 7.
Potential criminal events. Events reportable under this subdivision are:
8.28(1) any instance of care ordered by or provided by someone impersonating a
8.29physician, nurse, pharmacist, or other licensed health care provider;
8.30(2) abduction of a patient of any age;
8.31(3) sexual assault on a patient within or on the grounds of a facility; and
8.32(4) death or
significant serious injury of a patient or staff member resulting from a
8.33physical assault that occurs within or on the grounds of a facility.
9.1 Sec. 11. Minnesota Statutes 2012, section 144.7065, is amended by adding a
9.2subdivision to read:
9.3 Subd. 7a. Radiologic events. Death or serious injury of a patient associated with
9.4the introduction of a metallic object into the MRI area are reportable events under this
9.5subdivision.
9.6 Sec. 12. Minnesota Statutes 2012, section 144A.04, is amended by adding a
9.7subdivision to read:
9.8 Subd. 3b. Nursing homes; tuberculosis prevention and control. (a) A nursing
9.9home provider must establish and maintain a comprehensive tuberculosis infection control
9.10program according to the most current tuberculosis infection control guidelines issued
9.11by the United States Centers for Disease Control and Prevention (CDC), Division of
9.12Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report
9.13(MMWR). This program must include a tuberculosis infection control plan that covers
9.14all paid and unpaid employees, contractors, students, residents, and volunteers. The
9.15Department of Health shall provide technical assistance regarding implementation of
9.16the guidelines.
9.17(b) Written compliance with this subdivision must be maintained by the nursing home.
9.18 Sec. 13. Minnesota Statutes 2012, section 144A.45, is amended by adding a
9.19subdivision to read:
9.20 Subd. 6. Home care providers; tuberculosis prevention and control. (a) A home
9.21care provider must establish and maintain a comprehensive tuberculosis infection control
9.22program according to the most current tuberculosis infection control guidelines issued
9.23by the United States Centers for Disease Control and Prevention (CDC), Division of
9.24Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report
9.25(MMWR). This program must include a tuberculosis infection control plan that covers
9.26all paid and unpaid employees, contractors, students, and volunteers. The Department of
9.27Health shall provide technical assistance regarding implementation of the guidelines.
9.28(b) Written compliance with this subdivision must be maintained by the home care
9.29provider.
9.30 Sec. 14. Minnesota Statutes 2012, section 144A.752, is amended by adding a
9.31subdivision to read:
9.32 Subd. 5. Hospice providers; tuberculosis prevention and control. (a) A hospice
9.33provider must establish and maintain a comprehensive tuberculosis infection control
10.1program according to the most current tuberculosis infection control guidelines issued
10.2by the United States Centers for Disease Control and Prevention (CDC), Division of
10.3Tuberculosis Elimination, as published in CDC's Morbidity and Mortality Weekly Report
10.4(MMWR). This program must include a tuberculosis infection control plan that covers
10.5all paid and unpaid employees, contractors, students, and volunteers. For residential
10.6hospice facilities, the tuberculosis infection control plan must cover each hospice patient.
10.7The Department of Health shall provide technical assistance regarding implementation of
10.8the guidelines.
10.9(b) Written compliance with this subdivision must be maintained by the hospice
10.10provider.
10.11 Sec. 15. Minnesota Statutes 2012, section 144D.08, is amended to read:
10.12144D.08 UNIFORM CONSUMER INFORMATION GUIDE.
10.13All housing with services establishments shall make available to all prospective
10.14and current residents information consistent with the uniform format and the required
10.15components adopted by the commissioner under section
144G.06.
This section does not
10.16apply to an establishment registered under section 144D.025 serving the homeless.
10.17 Sec. 16. Minnesota Statutes 2012, section 145.93, subdivision 3, is amended to read:
10.18 Subd. 3.
Grant award; designation; payments under grant. Each odd-numbered
10.19 Every fifth year
, the commissioner shall solicit applications for the poison information
10.20centers by giving reasonable public notice of the availability of money appropriated or
10.21otherwise available. The commissioner shall select from among the entities, whether profit
10.22or nonprofit, or units of government the applicants that best fulfill the criteria specified in
10.23subdivision 4. The grant shall be paid to the grantees quarterly beginning on July 1.
10.24 Sec. 17. Minnesota Statutes 2012, section 145A.04, is amended by adding a
10.25subdivision to read:
10.26 Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage. A
10.27Minnesota Responds Medical Reserve Corps volunteer responding to a request for training
10.28or assistance at the call of a board of health must be deemed an employee of the jurisdiction
10.29for purposes of workers' compensation, tort claim defense, and indemnification.
10.30 Sec. 18. Minnesota Statutes 2012, section 145A.06, subdivision 7, is amended to read:
10.31 Subd. 7.
Commissioner requests for health volunteers. (a) When the
10.32commissioner receives a request for health volunteers from:
11.1(1) a local board of health according to section
145A.04, subdivision 6c;
11.2(2) the University of Minnesota Academic Health Center;
11.3(3) another state or a territory through the Interstate Emergency Management
11.4Assistance Compact authorized under section
192.89;
11.5(4) the federal government through ESAR-VHP or another similar program; or
11.6(5) a tribal or Canadian government;
11.7the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
11.8Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
11.9the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
11.10respond to the request. The commissioner may also ask for Minnesota Responds Medical
11.11Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
11.12(b) The commissioner may request Minnesota Responds Medical Reserve Corps
11.13volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
11.14or temporary units providing emergency patient stabilization, medical transport, or
11.15ambulatory care. The commissioner may utilize the volunteers for training, mobilization
11.16or demobilization, inspection, maintenance, repair, or other support functions for the
11.17MMU facility or for other emergency units, as well as for provision of health care services.
11.18(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
11.19Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
11.20compensation provided by the volunteer's employer during volunteer service requested by
11.21the commissioner. An employer is not liable for actions of an employee while serving as a
11.22Minnesota Responds Medical Reserve Corps volunteer.
11.23(d) If the commissioner matches the request under paragraph (a) with Minnesota
11.24Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
11.25of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
11.26the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
11.27sending and receiving jurisdictions in monitoring deployments, and shall coordinate
11.28efforts with the division of homeland security and emergency management for out-of-state
11.29deployments through the Interstate Emergency Management Assistance Compact or
11.30other emergency management compacts.
11.31(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
11.32Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
11.33apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
11.34across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
11.35the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
12.1as of their initial deployment in response to the event or emergency that triggered a
12.2subsequent commissioner's call.
12.3(f) (1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
12.4request for
training or assistance at the call of the commissioner must be deemed an
12.5employee of the state for purposes of workers' compensation and tort claim defense and
12.6indemnification under section
3.736, without regard to whether the volunteer's activity is
12.7under the direction and control of the commissioner, the division of homeland security
12.8and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
12.9hospital, alternate care site, or other health care provider treating patients from the public
12.10health event or emergency.
12.11(2) For purposes of calculating workers' compensation benefits under chapter 176,
12.12the daily wage must be the usual wage paid at the time of injury or death for similar services
12.13performed by paid employees in the community where the volunteer regularly resides, or
12.14the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
12.15(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
12.16reimbursement for travel and subsistence expenses during a deployment approved by the
12.17commissioner under this subdivision according to reimbursement limits established for
12.18paid state employees. Deployment begins when the volunteer leaves on the deployment
12.19until the volunteer returns from the deployment, including all travel related to the
12.20deployment. The Department of Health shall initially review and pay those expenses to
12.21the volunteer. Except as otherwise provided by the Interstate Emergency Management
12.22Assistance Compact in section
192.89 or agreements made thereunder, the department
12.23shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
12.24department for expenses of the volunteers.
12.25(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
12.26deployed outside the state pursuant to the Interstate Emergency Management Assistance
12.27Compact, the provisions of the Interstate Emergency Management Assistance Compact
12.28must control over any inconsistent provisions in this section.
12.29(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
12.30for workers' compensation arising out of a deployment under this section or out of a
12.31training exercise conducted by the commissioner, the volunteer's workers compensation
12.32benefits must be determined under section
176.011, subdivision 9, clause (25), even if the
12.33volunteer may also qualify under other clauses of section
176.011, subdivision 9.
12.34 Sec. 19.
[145A.061] CRIMINAL BACKGROUND STUDIES.
13.1 Subdivision 1. Agreements to conduct criminal background studies. The
13.2commissioner of health may develop agreements to conduct criminal background studies
13.3on each person who registers as a volunteer in the Minnesota Responds Medical Reserve
13.4Corps teams. The background study is for the purpose of determining the applicant's
13.5suitability and eligibility for membership. Each applicant must provide written consent
13.6authorizing the Department of Health to obtain the applicant's state criminal background
13.7information.
13.8 Subd. 2. Opportunity to challenge accuracy of report. Before denying the
13.9applicant the opportunity to serve as a health volunteer due to information obtained from a
13.10background study, the commissioner shall provide the applicant with the opportunity to
13.11complete, or challenge the accuracy of, the criminal justice information reported to the
13.12commissioner. The applicant shall have 30 calendar days to correct or complete the record
13.13prior to the commissioner taking final action based on the report.
13.14 Subd. 3. Denial of service. The commissioner may deny an application from any
13.15applicant who has been convicted of any of the following crimes:
13.16Section 609.185 (murder in the first degree); section 609.19 (murder in the second
13.17degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in
13.18the first degree); section 609.205 (manslaughter in the second degree); section 609.25
13.19(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section
13.20609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of
13.21an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first
13.22degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344
13.23(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in
13.24the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section
13.25609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to
13.26engage in sexual conduct); section 609.352 (communication of sexually explicit materials
13.27to children); section 609.365 (incest); section 609.377 (felony malicious punishment of
13.28a child); section 609.378 (felony neglect or endangerment of a child); section 609.561
13.29(arson in the first degree); section 609.562 (arson in the second degree); section 609.563
13.30(arson in the third degree); section 609.749, subdivision 3, 4, or 5 (felony stalking); section
13.31152.021 (controlled substance crimes in the first degree); section 152.022 (controlled
13.32substance crimes in the second degree); section 152.023 (controlled substance crimes in
13.33the third degree); section 152.024 (controlled substance crimes in the fourth degree);
13.34section 152.025 (controlled substance crimes in the fifth degree); section 243.166
13.35(violation of predatory offender registration law); section 617.23, subdivision 2, clause
13.36(1), or subdivision 3, clause (1) (indecent exposure involving a minor); section 617.246
14.1(use of minors in sexual performance); section 617.247 (possession of pornographic
14.2work involving minors); section 609.221 (assault in the first degree); section 609.222
14.3(assault in the second degree); section 609.223 (assault in the third degree); section
14.4609.2231 (assault in the fourth degree); section 609.224 (assault in the fifth degree);
14.5section 609.2242 (domestic assault); section 609.2247 (domestic assault by strangulation);
14.6section 609.228 (great bodily harm caused by distribution of drugs); section 609.23
14.7(mistreatment of persons confined); section 609.231 (mistreatment of residents or
14.8patients); section 609.2325 (criminal abuse); section 609.233 (criminal neglect); section
14.9609.2335 (financial exploitation of a vulnerable adult); section 609.234 (failure to report);
14.10section 609.24 (simple robbery); section 609.245 (aggravated robbery); section 609.255
14.11(false imprisonment); section 609.322 (solicitation, inducement, and promotion of
14.12prostitution and sex trafficking); section 609.324, subdivision 1 (hiring or engaging minors
14.13in prostitution); section 609.465 (presenting false claims to a public officer or body);
14.14section 609.466 (medical assistance fraud); section 609.52 (felony theft); section 609.82
14.15(felony fraud in obtaining credit); section 609.527 (felony identity theft); section 609.582
14.16(felony burglary); section 609.611 (felony insurance fraud); section 609.625 (aggravated
14.17forgery); section 609.63 (forgery); section 609.631 (felony check forgery); section 609.66,
14.18subdivision 1e (felony drive-by shooting); section 609.71 (felony riot); section 609.713
14.19(terroristic threats); section 609.72, subdivision 3 (disorderly conduct by a caregiver against
14.20a vulnerable adult); section 609.821 (felony financial transaction card fraud); section
14.21609.855, subdivision 4 (shooting at or in a public transit vehicle or facility); or aiding and
14.22abetting, attempting, or conspiring to commit any of the offenses in this subdivision.
14.23 Subd. 4. Conviction. For purposes of this section, an applicant is considered to
14.24have been convicted of a crime if the applicant was convicted, adjudicated delinquent, or
14.25otherwise found guilty, including by entering an Alford plea; was found guilty but the
14.26adjudication of guilt was stayed or withheld; or was convicted but the imposition or
14.27execution of a sentence was stayed.
14.28 Subd. 5. Data practices. All state criminal history record information or data
14.29used to match state health occupational licensing or national databases obtained by the
14.30commissioner from the Bureau of Criminal Apprehension is private data on individuals
14.31under section 13.02, subdivision 12, and restricted to the exclusive use of commissioner
14.32for the purpose of evaluating an applicant's eligibility for participation in the behavioral
14.33health or mobile field medical team.
14.34 Subd. 6. Use of volunteers by commissioner. The commissioner may deny a
14.35volunteer membership on a mobile medical team or behavioral health team for any reason,
14.36and is only required to communicate the reason when membership is denied as a result
15.1of information received from a criminal background study. The commissioner is exempt
15.2from the Criminal Offenders Rehabilitation Act under chapter 364 in the selection of
15.3volunteers for any position or activity including the Minnesota Responds Medical Reserve
15.4Corps, the Minnesota behavioral health team, and the mobile medical team.
15.5 Sec. 20. Minnesota Statutes 2012, section 146B.02, subdivision 2, is amended to read:
15.6 Subd. 2.
Requirements. (a) Each application for an initial
mobile or fixed-site
15.7 establishment license and for renewal must be submitted to the commissioner on a form
15.8provided by the commissioner accompanied with the applicable fee required under section
15.9146B.10
. The application must contain:
15.10(1) the name(s) of the owner(s) and operator(s) of the establishment;
15.11(2) the location of the establishment;
15.12(3) verification of compliance with all applicable local and state codes;
15.13(4) a description of the general nature of the business; and
15.14(5) any other relevant information deemed necessary by the commissioner.
15.15 (b) The commissioner shall issue a provisional establishment license effective until
15.16the commissioner determines after inspection that the applicant has met the requirements
15.17of this chapter. Upon approval, the commissioner shall issue a body art establishment
15.18license effective for three years.
15.19 Sec. 21. Minnesota Statutes 2012, section 146B.02, subdivision 8, is amended to read:
15.20 Subd. 8.
Temporary events permit. (a) An owner or operator of a temporary
15.21body art establishment shall submit an application for a temporary events permit to the
15.22commissioner at least 14 days before the start of the event. The application must include
15.23the specific days and hours of operation. The owner or operator shall comply with the
15.24requirements of this chapter.
15.25(b) Applications received less than 14 days prior to the start of the event may be
15.26processed if the commissioner determines it is possible to conduct the required inspection.
15.27(b) (c) The temporary events permit must be prominently displayed in a public
15.28area at the location.
15.29(c) (d) The temporary events permit, if approved, is valid for the specified dates and
15.30hours listed on the application. No temporary events permit shall be issued for longer than
15.31a 21-day period, and may not be extended.
15.32 Sec. 22. Minnesota Statutes 2012, section 146B.03, is amended by adding a
15.33subdivision to read:
16.1 Subd. 11. Penalty. Any person who violates the provisions of subdivision 1 is
16.2guilty of a gross misdemeanor.
16.3 Sec. 23. Minnesota Statutes 2012, section 146B.07, subdivision 5, is amended to read:
16.4 Subd. 5.
Aftercare. A technician shall provide each client with verbal and written
16.5instructions for the care of the tattooed or pierced site upon the completion of the
16.6procedure. The written instructions must advise the client
of the difference between
16.7normal skin or tissue irritation and infection and to consult a health care professional
at
16.8the first sign upon indication of infection
of the skin or tissue.
16.9 Sec. 24. Minnesota Statutes 2012, section 148.6402, is amended by adding a
16.10subdivision to read:
16.11 Subd. 16a. Occupational therapy practitioner. "Occupational therapy
16.12practitioner" means any individual licensed as either an occupational therapist or
16.13occupational therapy assistant under sections 148.6401 to 148.6450.
16.14 Sec. 25. Minnesota Statutes 2012, section 148.6440, is amended to read:
16.15148.6440 PHYSICAL AGENT MODALITIES.
16.16 Subdivision 1.
General considerations. (a) Occupational
therapists therapy
16.17practitioners who intend to use superficial physical agent modalities must comply with the
16.18requirements in subdivision 3. Occupational
therapists therapy practitioners who intend
16.19to use electrotherapy must comply with the requirements in subdivision 4. Occupational
16.20therapists therapy practitioners who intend to use ultrasound devices must comply with
16.21the requirements in subdivision 5. Occupational therapy
practitioners who are licensed
16.22as occupational therapy assistants
and who intend to use physical agent modalities must
16.23also comply with subdivision 6.
16.24(b) Use of superficial physical agent modalities, electrical stimulation devices, and
16.25ultrasound devices must be on the order of a physician.
16.26(c) Prior to any use of any physical agent modality,
a licensee an occupational
16.27therapy practitioner must obtain approval from the commissioner. The commissioner
16.28shall maintain a roster of persons licensed under sections
148.6401 to
148.6450 who are
16.29approved to use physical agent modalities.
16.30(d)
Licensees Occupational therapy practitioners are responsible for informing the
16.31commissioner of any changes in the information required in this section within 30 days
16.32of any change.
17.1 Subd. 2.
Written documentation required. (a) An occupational
therapist
17.2 therapy practitioner must provide to the commissioner documentation verifying that
17.3the occupational
therapist therapy practitioner has met the educational and clinical
17.4requirements described in subdivisions 3 to 5, depending on the modality or modalities
17.5to be used. Both theoretical training and clinical application objectives must be met for
17.6each modality used. Documentation must include the name and address of the individual
17.7or organization sponsoring the activity; the name and address of the facility at which
17.8the activity was presented; and a copy of the course, workshop, or seminar description,
17.9including learning objectives and standards for meeting the objectives. In the case of
17.10clinical application objectives, teaching methods must be documented, including actual
17.11supervised practice. Documentation must include a transcript or certificate showing
17.12successful completion of the coursework. Coursework completed more than two years
17.13prior to the date of application must be retaken. An occupational
therapist therapy
17.14practitioner who is a certified hand therapist shall document satisfaction of the requirements
17.15in subdivisions 3 to 5 by submitting to the commissioner a copy of a certificate issued
17.16by the Hand Therapy Certification Commission.
Occupational therapy practitioners are
17.17prohibited from using physical agent modalities under supervision or independently until
17.18granted approval as provided in subdivision 7, except under the provisions in paragraph (b).
17.19(b) If
a an occupational therapy practitioner has successfully completed a specific
17.20course previously reviewed and approved by the commissioner as provided for in
17.21subdivision 7, and has submitted the written documentation required in paragraph (a)
17.22within 30 calendar days from the course date, the
occupational therapy practitioner
17.23awaiting written approval from the commissioner may use physical agent modalities under
17.24the supervision of
a an occupational therapy practitioner listed on the roster of persons
17.25approved to use physical agent modalities.
17.26 Subd. 3.
Requirements for use of superficial physical agent modalities. (a) An
17.27occupational
therapist therapy practitioner may use superficial physical agent modalities
17.28if the occupational
therapist therapy practitioner has received theoretical training and
17.29clinical application training in the use of superficial physical agent modalities and been
17.30granted approval as provided in subdivision 7.
17.31(b) Theoretical training in the use of superficial physical agent modalities must:
17.32(1) explain the rationale and clinical indications for use of superficial physical agent
17.33modalities;
17.34(2) explain the physical properties and principles of the superficial physical agent
17.35modalities;
17.36(3) describe the types of heat and cold transference;
18.1(4) explain the factors affecting tissue response to superficial heat and cold;
18.2(5) describe the biophysical effects of superficial physical agent modalities in
18.3normal and abnormal tissue;
18.4(6) describe the thermal conductivity of tissue, matter, and air;
18.5(7) explain the advantages and disadvantages of superficial physical agent
18.6modalities; and
18.7(8) explain the precautions and contraindications of superficial physical agent
18.8modalities.
18.9(c) Clinical application training in the use of superficial physical agent modalities
18.10must include activities requiring the
occupational therapy practitioner to:
18.11(1) formulate and justify a plan for the use of superficial physical agents for
18.12treatment appropriate to its use and simulate the treatment;
18.13(2) evaluate biophysical effects of the superficial physical agents;
18.14(3) identify when modifications to the treatment plan for use of superficial physical
18.15agents are needed and propose the modification plan;
18.16(4) safely and appropriately administer superficial physical agents under the
18.17supervision of a course instructor or clinical trainer;
18.18(5) document parameters of treatment, patient response, and recommendations for
18.19progression of treatment for the superficial physical agents; and
18.20(6) demonstrate the ability to work competently with superficial physical agents as
18.21determined by a course instructor or clinical trainer.
18.22 Subd. 4.
Requirements for use of electrotherapy. (a) An occupational
therapist
18.23 therapy practitioner may use electrotherapy if the occupational
therapist therapy
18.24practitioner has received theoretical training and clinical application training in the use of
18.25electrotherapy and been granted approval as provided in subdivision 7.
18.26(b) Theoretical training in the use of electrotherapy must:
18.27(1) explain the rationale and clinical indications of electrotherapy, including pain
18.28control, muscle dysfunction, and tissue healing;
18.29(2) demonstrate comprehension and understanding of electrotherapeutic terminology
18.30and biophysical principles, including current, voltage, amplitude, and resistance;
18.31(3) describe the types of current used for electrical stimulation, including the
18.32description, modulations, and clinical relevance;
18.33(4) describe the time-dependent parameters of pulsed and alternating currents,
18.34including pulse and phase durations and intervals;
18.35(5) describe the amplitude-dependent characteristics of pulsed and alternating
18.36currents;
19.1(6) describe neurophysiology and the properties of excitable tissue;
19.2(7) describe nerve and muscle response from externally applied electrical
19.3stimulation, including tissue healing;
19.4(8) describe the electrotherapeutic effects and the response of nerve, denervated and
19.5innervated muscle, and other soft tissue; and
19.6(9) explain the precautions and contraindications of electrotherapy, including
19.7considerations regarding pathology of nerve and muscle tissue.
19.8(c) Clinical application training in the use of electrotherapy must include activities
19.9requiring the
occupational therapy practitioner to:
19.10(1) formulate and justify a plan for the use of electrical stimulation devices for
19.11treatment appropriate to its use and simulate the treatment;
19.12(2) evaluate biophysical treatment effects of the electrical stimulation;
19.13(3) identify when modifications to the treatment plan using electrical stimulation are
19.14needed and propose the modification plan;
19.15(4) safely and appropriately administer electrical stimulation under supervision
19.16of a course instructor or clinical trainer;
19.17(5) document the parameters of treatment, case example (patient) response, and
19.18recommendations for progression of treatment for electrical stimulation; and
19.19(6) demonstrate the ability to work competently with electrical stimulation as
19.20determined by a course instructor or clinical trainer.
19.21 Subd. 5.
Requirements for use of ultrasound. (a) An occupational
therapist
19.22 therapy practitioner may use an ultrasound device if the occupational
therapist therapy
19.23practitioner has received theoretical training and clinical application training in the use of
19.24ultrasound and been granted approval as provided in subdivision 7.
19.25(b) The theoretical training in the use of ultrasound must:
19.26(1) explain the rationale and clinical indications for the use of ultrasound, including
19.27anticipated physiological responses of the treated area;
19.28(2) describe the biophysical thermal and nonthermal effects of ultrasound on normal
19.29and abnormal tissue;
19.30(3) explain the physical principles of ultrasound, including wavelength, frequency,
19.31attenuation, velocity, and intensity;
19.32(4) explain the mechanism and generation of ultrasound and energy transmission
19.33through physical matter; and
19.34(5) explain the precautions and contraindications regarding use of ultrasound devices.
19.35(c) The clinical application training in the use of ultrasound must include activities
19.36requiring the practitioner to:
20.1(1) formulate and justify a plan for the use of ultrasound for treatment appropriate to
20.2its use and stimulate the treatment;
20.3(2) evaluate biophysical effects of ultrasound;
20.4(3) identify when modifications to the treatment plan for use of ultrasound are
20.5needed and propose the modification plan;
20.6(4) safely and appropriately administer ultrasound under supervision of a course
20.7instructor or clinical trainer;
20.8(5) document parameters of treatment, patient response, and recommendations for
20.9progression of treatment for ultrasound; and
20.10(6) demonstrate the ability to work competently with ultrasound as determined
20.11by a course instructor or clinical trainer.
20.12 Subd. 6.
Occupational therapy assistant use of physical agent modalities. An
20.13occupational therapy
practitioner licensed as an occupational therapy assistant may set
20.14up and implement treatment using physical agent modalities if the
licensed occupational
20.15therapy assistant meets the requirements of this section,
has applied for and received
20.16written approval from the commissioner to use physical agent modalities as provided in
20.17subdivision 7, has demonstrated service competency for the particular modality used, and
20.18works under the direct supervision of an
occupational therapy practitioner licensed as an
20.19occupational therapist who has been granted approval as provided in subdivision 7. An
20.20occupational therapy practitioner licensed as an occupational therapy assistant who uses
20.21superficial physical agent modalities must meet the requirements of subdivision 3. An
20.22occupational therapy practitioner licensed as an occupational therapy assistant who uses
20.23electrotherapy must meet the requirements of subdivision 4. An
occupational therapy
20.24practitioner licensed as an occupational therapy assistant who uses ultrasound must meet
20.25the requirements of subdivision 5. An
occupational therapy practitioner licensed as an
20.26occupational therapist may not delegate evaluation, reevaluation, treatment planning, and
20.27treatment goals for physical agent modalities to an
occupational therapy practitioner
20.28licensed as an occupational therapy assistant.
20.29 Subd. 7.
Approval. (a) The advisory council shall appoint a committee to review
20.30documentation under subdivisions 2 to 6 to determine if established educational and
20.31clinical requirements are met. If, after review of course documentation, the committee
20.32verifies that a specific course meets the theoretical and clinical requirements in
20.33subdivisions 2 to 6, the commissioner may approve practitioner applications that include
20.34the required course documentation evidencing completion of the same course.
20.35(b) Occupational
therapists therapy practitioners shall be advised of the status of
20.36their request for approval within 30 days. Occupational
therapists therapy practitioners
21.1 must provide any additional information requested by the committee that is necessary to
21.2make a determination regarding approval or denial.
21.3(c) A determination regarding a request for approval of training under this
21.4subdivision shall be made in writing to the occupational
therapist therapy practitioner. If
21.5denied, the reason for denial shall be provided.
21.6(d)
A licensee An occupational therapy practitioner who was approved by the
21.7commissioner as a level two provider prior to July 1, 1999, shall remain on the roster
21.8maintained by the commissioner in accordance with subdivision 1, paragraph (c).
21.9(e) To remain on the roster maintained by the commissioner,
a licensee an
21.10occupational therapy practitioner who was approved by the commissioner as a level one
21.11provider prior to July 1, 1999, must submit to the commissioner documentation of training
21.12and experience gained using physical agent modalities since the
licensee's occupational
21.13therapy practitioner's approval as a level one provider. The committee appointed under
21.14paragraph (a) shall review the documentation and make a recommendation to the
21.15commissioner regarding approval.
21.16(f) An occupational
therapist therapy practitioner who received training in the
21.17use of physical agent modalities prior to July 1, 1999, but who has not been placed on
21.18the roster of approved providers may submit to the commissioner documentation of
21.19training and experience gained using physical agent modalities. The committee appointed
21.20under paragraph (a) shall review documentation and make a recommendation to the
21.21commissioner regarding approval.
21.22 Sec. 26. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
21.23 Subd. 3.
Approved education program. "Approved education program" means
21.24a university, college, or other postsecondary education program of athletic training
21.25that, at the time the student completes the program, is approved or accredited by
the
21.26National Athletic Trainers Association Professional Education Committee, the National
21.27Athletic Trainers Association Board of Certification, or the Joint Review Committee on
21.28Educational Programs in Athletic Training in collaboration with the American Academy
21.29of Family Physicians, the American Academy of Pediatrics, the American Medical
21.30Association, and the National Athletic Trainers Association a nationally recognized
21.31accreditation agency for athletic training education programs approved by the board.
21.32 Sec. 27. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
21.33 Subd. 9.
Credentialing examination. "Credentialing examination" means an
21.34examination administered by the
National Athletic Trainers Association Board of
22.1Certification
, or their recognized successor, for credentialing as an athletic trainer, or
22.2an examination for credentialing offered by a national testing service that is approved
22.3by the board.
22.4 Sec. 28. Minnesota Statutes 2012, section 148.7803, is amended to read:
22.5148.7803 DESIGNATION OF ATHLETIC TRAINER.
22.6 Subdivision 1.
Designation. A person shall not use in connection with the person's
22.7name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
22.8registered athletic trainer; athletic trainer;
AT; ATR; or any words, letters, abbreviations,
22.9or insignia indicating or implying that the person is an athletic trainer, without a certificate
22.10of registration as an athletic trainer issued under sections
148.7808 to
148.7810. A
22.11student attending a college or university athletic training program must be identified as a
22.12"student athletic trainer."
22.13 Subd. 2.
Penalty. A person who violates this section is guilty of a misdemeanor and
22.14subject to section
214.11.
22.15 Sec. 29. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
22.16 Subdivision 1.
Creation; Membership. The Athletic Trainers Advisory Council
22.17is created and is composed of eight members appointed by the board. The advisory
22.18council consists of:
22.19(1) two public members as defined in section
214.02;
22.20(2) three members who
, except for initial appointees, are registered athletic trainers,
22.21one being both a licensed physical therapist and registered athletic trainer as submitted by
22.22the Minnesota American Physical Therapy Association;
22.23(3) two members who are medical physicians licensed by the state and have
22.24experience with athletic training and sports medicine; and
22.25(4) one member who is a doctor of chiropractic licensed by the state and has
22.26experience with athletic training and sports injuries.
22.27 Sec. 30. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
22.28 Subdivision 1.
Registration. The board may issue a certificate of registration as an
22.29athletic trainer to applicants who meet the requirements under this section. An applicant
22.30for registration as an athletic trainer shall pay a fee under section
148.7815 and file a
22.31written application on a form, provided by the board, that includes:
22.32(1) the applicant's name, Social Security number, home address and telephone
22.33number, business address and telephone number, and business setting;
23.1(2) evidence satisfactory to the board of the successful completion of an education
23.2program approved by the board;
23.3(3) educational background;
23.4(4) proof of a baccalaureate
or master's degree from an accredited college or
23.5university;
23.6(5) credentials held in other jurisdictions;
23.7(6) a description of any other jurisdiction's refusal to credential the applicant;
23.8(7) a description of all professional disciplinary actions initiated against the applicant
23.9in any other jurisdiction;
23.10(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
23.11(9) evidence satisfactory to the board of a qualifying score on a credentialing
23.12examination
within one year of the application for registration;
23.13(10) additional information as requested by the board;
23.14(11) the applicant's signature on a statement that the information in the application is
23.15true and correct to the best of the applicant's knowledge and belief; and
23.16(12) the applicant's signature on a waiver authorizing the board to obtain access to
23.17the applicant's records in this state or any other state in which the applicant has completed
23.18an education program approved by the board or engaged in the practice of athletic training.
23.19 Sec. 31. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
23.20 Subd. 4.
Temporary registration. (a) The board may issue a temporary registration
23.21as an athletic trainer to qualified applicants. A temporary registration is issued for
23.22one year 120 days. An athletic trainer with a temporary registration may qualify for
23.23full registration after submission of verified documentation that the athletic trainer has
23.24achieved a qualifying score on a credentialing examination within
one year 120 days after
23.25the date of the temporary registration.
A temporary registration may not be renewed.
23.26(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
23.27 a temporary registration must submit the application materials and fees for registration
23.28required under subdivision 1, clauses (1) to (8) and (10) to (12).
23.29(c) An athletic trainer with a temporary registration shall work only under the
23.30direct supervision of an athletic trainer registered under this section. No more than four
23.31athletic trainers with temporary registrations shall work under the direction of a registered
23.32athletic trainer.
23.33 Sec. 32. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
24.1 Subd. 2.
Approved programs. The board shall approve a continuing education
24.2program that has been approved for continuing education credit by the
National Athletic
24.3Trainers Association Board of Certification
, or its recognized successor.
24.4 Sec. 33. Minnesota Statutes 2012, section 148.7813, is amended by adding a
24.5subdivision to read:
24.6 Subd. 5. Discipline; reporting. For the purposes of this chapter, licensed athletic
24.7trainers and applicants are subject to the provisions of sections 147.091 to 147.162.
24.8 Sec. 34. Minnesota Statutes 2012, section 148.7814, is amended to read:
24.9148.7814 APPLICABILITY.
24.10Sections
148.7801 to
148.7815 do not apply to persons who are certified as athletic
24.11trainers by the
National Athletic Trainers Association Board of Certification
or the board's
24.12recognized successor and come into Minnesota for a specific athletic event or series of
24.13athletic events with an individual or group.
24.14 Sec. 35. Minnesota Statutes 2012, section 151.37, subdivision 2, is amended to read:
24.15 Subd. 2.
Prescribing and filing. (a) A licensed practitioner in the course of
24.16professional practice only, may prescribe, administer, and dispense a legend drug, and may
24.17cause the same to be administered by a nurse, a physician assistant, or medical student or
24.18resident under the practitioner's direction and supervision, and may cause a person who
24.19is an appropriately certified, registered, or licensed health care professional to prescribe,
24.20dispense, and administer the same within the expressed legal scope of the person's practice
24.21as defined in Minnesota Statutes. A licensed practitioner may prescribe a legend drug,
24.22without reference to a specific patient, by directing a nurse, pursuant to section
148.235,
24.23subdivisions 8 and 9
, physician assistant, medical student or resident, or pharmacist
24.24according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
24.25protocol when treating patients whose condition falls within such guideline or protocol,
24.26and when such guideline or protocol specifies the circumstances under which the legend
24.27drug is to be prescribed and administered. An individual who verbally, electronically, or
24.28otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
24.29not be deemed to have prescribed the legend drug. This paragraph applies to a physician
24.30assistant only if the physician assistant meets the requirements of section
147A.18.
24.31(b) The commissioner of health, if a licensed practitioner, or a person designated
24.32by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
24.33individual or by protocol for mass dispensing purposes where the commissioner finds that
25.1the conditions triggering section
144.4197 or
144.4198, subdivision 2, paragraph (b), exist.
25.2The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
25.3prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
25.4to control tuberculosis and other communicable diseases. The commissioner may modify
25.5state drug labeling requirements, and medical screening criteria and documentation, where
25.6time is critical and limited labeling and screening are most likely to ensure legend drugs
25.7reach the maximum number of persons in a timely fashion so as to reduce morbidity
25.8and mortality.
25.9 (c) A licensed practitioner that dispenses for profit a legend drug that is to be
25.10administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
25.11file with the practitioner's licensing board a statement indicating that the practitioner
25.12dispenses legend drugs for profit, the general circumstances under which the practitioner
25.13dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
25.14dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
25.15with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
25.16any amount received by the practitioner in excess of the acquisition cost of a legend drug
25.17for legend drugs that are purchased in prepackaged form, or (2) any amount received
25.18by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
25.19making the drug available if the legend drug requires compounding, packaging, or other
25.20treatment. The statement filed under this paragraph is public data under section
13.03.
25.21This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
25.22pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
25.23dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
25.24To dispense for profit does not include dispensing by a community health clinic when the
25.25profit from dispensing is used to meet operating expenses.
25.26 (d) A prescription or drug order for the following drugs is not valid, unless it can be
25.27established that the prescription or order was based on a documented patient evaluation,
25.28including an examination, adequate to establish a diagnosis and identify underlying
25.29conditions and contraindications to treatment:
25.30 (1) controlled substance drugs listed in section
152.02, subdivisions 3 to 5;
25.31 (2) drugs defined by the Board of Pharmacy as controlled substances under section
25.32152.02, subdivisions 7
, 8, and 12;
25.33 (3) muscle relaxants;
25.34 (4) centrally acting analgesics with opioid activity;
25.35 (5) drugs containing butalbital; or
25.36 (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
26.1 (e) For the purposes of paragraph (d), the requirement for an examination shall be
26.2met if an in-person examination has been completed in any of the following circumstances:
26.3 (1) the prescribing practitioner examines the patient at the time the prescription
26.4or drug order is issued;
26.5 (2) the prescribing practitioner has performed a prior examination of the patient;
26.6 (3) another prescribing practitioner practicing within the same group or clinic as the
26.7prescribing practitioner has examined the patient;
26.8 (4) a consulting practitioner to whom the prescribing practitioner has referred the
26.9patient has examined the patient; or
26.10 (5) the referring practitioner has performed an examination in the case of a
26.11consultant practitioner issuing a prescription or drug order when providing services by
26.12means of telemedicine.
26.13 (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
26.14a drug through the use of a guideline or protocol pursuant to paragraph (a).
26.15 (g) Nothing in this chapter prohibits a licensed practitioner from issuing a
26.16prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
26.17in the Management of Sexually Transmitted Diseases guidance document issued by the
26.18United States Centers for Disease Control.
26.19 (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
26.20of legend drugs through a public health clinic or other distribution mechanism approved
26.21by the commissioner of health or a board of health in order to prevent, mitigate, or treat
26.22a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
26.23biological, chemical, or radiological agent.
26.24 (i) No pharmacist employed by, under contract to, or working for a pharmacy
26.25licensed under section
151.19, subdivision 1, may dispense a legend drug based on a
26.26prescription that the pharmacist knows, or would reasonably be expected to know, is not
26.27valid under paragraph (d).
26.28 (j) No pharmacist employed by, under contract to, or working for a pharmacy
26.29licensed under section
151.19, subdivision 2, may dispense a legend drug to a resident
26.30of this state based on a prescription that the pharmacist knows, or would reasonably be
26.31expected to know, is not valid under paragraph (d).
26.32(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
26.33practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
26.34a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
26.35treatment of a communicable disease according to the Centers For Disease Control and
26.36Prevention Partner Services Guidelines.
27.1 Sec. 36.
REPEALER.
27.2(a) Minnesota Statutes 2012, sections 146B.03, subdivision 10; 325F.814; and
27.3609.2246, are repealed.
27.4(b) Minnesota Rules, parts 4655.3000, subparts 2, 3, and 4; 4658.0810, subparts
27.51 and 2; 4658.0815, subparts 1, 2, 3, and 4; 4664.0290, subparts 1, 2, 3, and 4; and
27.64668.0065, subparts 1 and 2, are repealed. The revisor shall make any cross-references
27.7changes in Minnesota Statutes and Minnesota Rules required by the repealed parts in this
27.8section. The revisor shall also make any necessary grammatical changes and changes to
27.9the remaining text in Minnesota Statutes and Minnesota Rules and preserve its meaning.
27.10(c) Minnesota Statutes 2012, sections 148.7808, subdivision 2; and 148.7813, are
27.11repealed.