1.1.................... moves to amend H.F. No. 2402 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2013 Supplement, section 252.27, subdivision 2a,
1.6is amended to read:
1.7    Subd. 2a. Contribution amount. (a) The natural or adoptive parents of a minor
1.8child, including a child determined eligible for medical assistance without consideration of
1.9parental income, must contribute to the cost of services used by making monthly payments
1.10on a sliding scale based on income, unless the child is married or has been married,
1.11parental rights have been terminated, or the child's adoption is subsidized according to
1.12chapter 256N or 259A or through title IV-E of the Social Security Act. The parental
1.13contribution is a partial or full payment for medical services provided for diagnostic,
1.14therapeutic, curing, treating, mitigating, rehabilitation, maintenance, and personal care
1.15services as defined in United States Code, title 26, section 213, needed by the child with a
1.16chronic illness or disability.
1.17    (b) For households with adjusted gross income equal to or greater than 275 percent
1.18of federal poverty guidelines, the parental contribution shall be computed by applying the
1.19following schedule of rates to the adjusted gross income of the natural or adoptive parents:
1.20    (1) if the adjusted gross income is equal to or greater than 275 percent of federal
1.21poverty guidelines and less than or equal to 545 percent of federal poverty guidelines,
1.22the parental contribution shall be determined using a sliding fee scale established by the
1.23commissioner of human services which begins at 2.76 percent of adjusted gross income
1.24at 275 percent of federal poverty guidelines and increases to 7.5 percent of adjusted
1.25gross income for those with adjusted gross income up to 545 percent of federal poverty
1.26guidelines;
2.1    (2) if the adjusted gross income is greater than 545 percent of federal poverty
2.2guidelines and less than 675 percent of federal poverty guidelines, the parental
2.3contribution shall be 7.5 percent of adjusted gross income;
2.4    (3) if the adjusted gross income is equal to or greater than 675 percent of federal
2.5poverty guidelines and less than 975 percent of federal poverty guidelines, the parental
2.6contribution shall be determined using a sliding fee scale established by the commissioner
2.7of human services which begins at 7.5 percent of adjusted gross income at 675 percent of
2.8federal poverty guidelines and increases to ten percent of adjusted gross income for those
2.9with adjusted gross income up to 975 percent of federal poverty guidelines; and
2.10    (4) if the adjusted gross income is equal to or greater than 975 percent of federal
2.11poverty guidelines, the parental contribution shall be 12.5 percent of adjusted gross income.
2.12    If the child lives with the parent, the annual adjusted gross income is reduced by
2.13$2,400 prior to calculating the parental contribution. If the child resides in an institution
2.14specified in section 256B.35, the parent is responsible for the personal needs allowance
2.15specified under that section in addition to the parental contribution determined under this
2.16section. The parental contribution is reduced by any amount required to be paid directly to
2.17the child pursuant to a court order, but only if actually paid.
2.18    (c) The household size to be used in determining the amount of contribution under
2.19paragraph (b) includes natural and adoptive parents and their dependents, including the
2.20child receiving services. Adjustments in the contribution amount due to annual changes
2.21in the federal poverty guidelines shall be implemented on the first day of July following
2.22publication of the changes.
2.23    (d) For purposes of paragraph (b), "income" means the adjusted gross income of the
2.24natural or adoptive parents determined according to the previous year's federal tax form,
2.25except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds
2.26have been used to purchase a home shall not be counted as income.
2.27    (e) The contribution shall be explained in writing to the parents at the time eligibility
2.28for services is being determined. The contribution shall be made on a monthly basis
2.29effective with the first month in which the child receives services. Annually upon
2.30redetermination or at termination of eligibility, if the contribution exceeded the cost of
2.31services provided, the local agency or the state shall reimburse that excess amount to
2.32the parents, either by direct reimbursement if the parent is no longer required to pay a
2.33contribution, or by a reduction in or waiver of parental fees until the excess amount is
2.34exhausted. All reimbursements must include a notice that the amount reimbursed may be
2.35taxable income if the parent paid for the parent's fees through an employer's health care
3.1flexible spending account under the Internal Revenue Code, section 125, and that the
3.2parent is responsible for paying the taxes owed on the amount reimbursed.
3.3    (f) The monthly contribution amount must be reviewed at least every 12 months;
3.4when there is a change in household size; and when there is a loss of or gain in income
3.5from one month to another in excess of ten percent. The local agency shall mail a written
3.6notice 30 days in advance of the effective date of a change in the contribution amount.
3.7A decrease in the contribution amount is effective in the month that the parent verifies a
3.8reduction in income or change in household size.
3.9    (g) Parents of a minor child who do not live with each other shall each pay the
3.10contribution required under paragraph (a). An amount equal to the annual court-ordered
3.11child support payment actually paid on behalf of the child receiving services shall be
3.12deducted from the adjusted gross income of the parent making the payment prior to
3.13calculating the parental contribution under paragraph (b).
3.14    (h) The contribution under paragraph (b) shall be increased by an additional five
3.15percent if the local agency determines that insurance coverage is available but not
3.16obtained for the child. For purposes of this section, "available" means the insurance is a
3.17benefit of employment for a family member at an annual cost of no more than five percent
3.18of the family's annual income. For purposes of this section, "insurance" means health
3.19and accident insurance coverage, enrollment in a nonprofit health service plan, health
3.20maintenance organization, self-insured plan, or preferred provider organization.
3.21    Parents who have more than one child receiving services shall not be required
3.22to pay more than the amount for the child with the highest expenditures. There shall
3.23be no resource contribution from the parents. The parent shall not be required to pay
3.24a contribution in excess of the cost of the services provided to the child, not counting
3.25payments made to school districts for education-related services. Notice of an increase in
3.26fee payment must be given at least 30 days before the increased fee is due.
3.27    (i) The contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
3.28in the 12 months prior to July 1:
3.29    (1) the parent applied for insurance for the child;
3.30    (2) the insurer denied insurance;
3.31    (3) the parents submitted a complaint or appeal, in writing to the insurer, submitted
3.32a complaint or appeal, in writing, to the commissioner of health or the commissioner of
3.33commerce, or litigated the complaint or appeal; and
3.34    (4) as a result of the dispute, the insurer reversed its decision and granted insurance.
3.35    For purposes of this section, "insurance" has the meaning given in paragraph (h).
4.1    A parent who has requested a reduction in the contribution amount under this
4.2paragraph shall submit proof in the form and manner prescribed by the commissioner or
4.3county agency, including, but not limited to, the insurer's denial of insurance, the written
4.4letter or complaint of the parents, court documents, and the written response of the insurer
4.5approving insurance. The determinations of the commissioner or county agency under this
4.6paragraph are not rules subject to chapter 14.

4.7    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.055, subdivision 1, is
4.8amended to read:
4.9    Subdivision 1. Children eligible for subsidized adoption assistance. Medical
4.10assistance may be paid for a child eligible for or receiving adoption assistance payments
4.11under title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
4.12676, and to any child who is not title IV-E eligible but who was determined eligible for
4.13adoption assistance under chapter 256N or section 259A.10, subdivision 2, and has a
4.14special need for medical or rehabilitative care.

4.15    Sec. 3. Minnesota Statutes 2012, section 256D.024, subdivision 1, is amended to read:
4.16    Subdivision 1. Person convicted of drug offenses. (a) If an applicant or recipient
4.17has been convicted of a drug offense after July 1, 1997, the assistance unit is ineligible for
4.18benefits under this chapter until five years after the applicant has completed terms of the
4.19court-ordered sentence, unless the person is participating in a drug treatment program,
4.20has successfully completed a drug treatment program, or has been assessed by the county
4.21and determined not to be in need of a drug treatment program. Persons subject to the
4.22limitations of this subdivision who become eligible for assistance under this chapter shall
4.23 may be subject to random drug testing as a condition of continued eligibility and shall lose
4.24eligibility for benefits for five years beginning the month following:
4.25(1) any positive test result for an illegal controlled substance; or
4.26(2) discharge of sentence after conviction for another drug felony.
4.27(b) For the purposes of this subdivision, "drug offense" means a conviction that
4.28occurred after July 1, 1997, of sections 152.021 to 152.025, 152.0261, 152.0262, or
4.29152.096 . Drug offense also means a conviction in another jurisdiction of the possession,
4.30use, or distribution of a controlled substance, or conspiracy to commit any of these
4.31offenses, if the offense occurred after July 1, 1997, and the conviction is a felony offense
4.32in that jurisdiction, or in the case of New Jersey, a high misdemeanor.

5.1    Sec. 4. Minnesota Statutes 2013 Supplement, section 256D.44, subdivision 5, is
5.2amended to read:
5.3    Subd. 5. Special needs. In addition to the state standards of assistance established in
5.4subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
5.5Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
5.6center, or a group residential housing facility.
5.7    (a) The county agency shall pay a monthly allowance for medically prescribed
5.8diets if the cost of those additional dietary needs cannot be met through some other
5.9maintenance benefit. The need for special diets or dietary items must be prescribed by
5.10a licensed physician. Costs for special diets shall be determined as percentages of the
5.11allotment for a one-person household under the thrifty food plan as defined by the United
5.12States Department of Agriculture. The types of diets and the percentages of the thrifty
5.13food plan that are covered are as follows:
5.14    (1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
5.15    (2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
5.16of thrifty food plan;
5.17    (3) controlled protein diet, less than 40 grams and requires special products, 125
5.18percent of thrifty food plan;
5.19    (4) low cholesterol diet, 25 percent of thrifty food plan;
5.20    (5) high residue diet, 20 percent of thrifty food plan;
5.21    (6) pregnancy and lactation diet, 35 percent of thrifty food plan;
5.22    (7) gluten-free diet, 25 percent of thrifty food plan;
5.23    (8) lactose-free diet, 25 percent of thrifty food plan;
5.24    (9) antidumping diet, 15 percent of thrifty food plan;
5.25    (10) hypoglycemic diet, 15 percent of thrifty food plan; or
5.26    (11) ketogenic diet, 25 percent of thrifty food plan.
5.27    (b) Payment for nonrecurring special needs must be allowed for necessary home
5.28repairs or necessary repairs or replacement of household furniture and appliances using
5.29the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
5.30as long as other funding sources are not available.
5.31    (c) A fee for guardian or conservator service is allowed at a reasonable rate
5.32negotiated by the county or approved by the court. This rate shall not exceed five percent
5.33of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
5.34guardian or conservator is a member of the county agency staff, no fee is allowed.
5.35    (d) The county agency shall continue to pay a monthly allowance of $68 for
5.36restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
6.11990, and who eats two or more meals in a restaurant daily. The allowance must continue
6.2until the person has not received Minnesota supplemental aid for one full calendar month
6.3or until the person's living arrangement changes and the person no longer meets the criteria
6.4for the restaurant meal allowance, whichever occurs first.
6.5    (e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
6.6is allowed for representative payee services provided by an agency that meets the
6.7requirements under SSI regulations to charge a fee for representative payee services. This
6.8special need is available to all recipients of Minnesota supplemental aid regardless of
6.9their living arrangement.
6.10    (f)(1) Notwithstanding the language in this subdivision, an amount equal to the
6.11maximum allotment authorized by the federal Food Stamp Program for a single individual
6.12which is in effect on the first day of July of each year will be added to the standards of
6.13assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
6.14as shelter needy and are: (i) relocating from an institution, or an adult mental health
6.15residential treatment program under section 256B.0622; (ii) eligible for the self-directed
6.16supports option as defined under section 256B.0657, subdivision 2; or (iii) home and
6.17community-based waiver recipients living in their own home or rented or leased apartment
6.18which is not owned, operated, or controlled by a provider of service not related by blood
6.19or marriage, unless allowed under paragraph (g).
6.20    (2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
6.21shelter needy benefit under this paragraph is considered a household of one. An eligible
6.22individual who receives this benefit prior to age 65 may continue to receive the benefit
6.23after the age of 65.
6.24    (3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
6.25exceed 40 percent of the assistance unit's gross income before the application of this
6.26special needs standard. "Gross income" for the purposes of this section is the applicant's or
6.27recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
6.28in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
6.29state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
6.30considered shelter needy for purposes of this paragraph.
6.31(g) Notwithstanding this subdivision, to access housing and services as provided
6.32in paragraph (f), the recipient may choose housing that may be owned, operated, or
6.33controlled by the recipient's service provider. In a multifamily building of more than four
6.34units, the maximum number of units that may be used by recipients of this program shall
6.35be the greater of four units or 25 percent of the units in the building, unless required by the
6.36Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four
7.1or fewer units, all of the units may be used by recipients of this program. When housing is
7.2controlled by the service provider, the individual may choose the individual's own service
7.3provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is
7.4controlled by the service provider, the service provider shall implement a plan with the
7.5recipient to transition the lease to the recipient's name. Within two years of signing the
7.6initial lease, the service provider shall transfer the lease entered into under this subdivision
7.7to the recipient. In the event the landlord denies this transfer, the commissioner may
7.8approve an exception within sufficient time to ensure the continued occupancy by the
7.9recipient. This paragraph expires June 30, 2016.

7.10    Sec. 5. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
7.11    Subd. 2a. License required. A county agency may not enter into an agreement with
7.12an establishment to provide group residential housing unless:
7.13(1) the establishment is licensed by the Department of Health as a hotel and
7.14restaurant; a board and lodging establishment; a residential care home; a boarding care
7.15home before March 1, 1985; or a supervised living facility, and the service provider
7.16for residents of the facility is licensed under chapter 245A. However, an establishment
7.17licensed by the Department of Health to provide lodging need not also be licensed to
7.18provide board if meals are being supplied to residents under a contract with a food vendor
7.19who is licensed by the Department of Health;
7.20(2) the residence is: (i) licensed by the commissioner of human services under
7.21Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
7.22agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
7.23to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules,
7.24parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9;
7.25 or (iv) licensed by the commissioner as a community residential setting under sections
7.26245D.21 to 245D.26;
7.27(3) the establishment is registered under chapter 144D and provides three meals a
7.28day, or is an establishment voluntarily registered under section 144D.025 as a supportive
7.29housing establishment; or
7.30(4) an establishment voluntarily registered under section 144D.025, other than
7.31a supportive housing establishment under clause (3), is not eligible to provide group
7.32residential housing.
7.33The requirements under clauses (1) to (4) do not apply to establishments exempt
7.34from state licensure because they are located on Indian reservations and subject to tribal
7.35health and safety requirements.

8.1    Sec. 6. Minnesota Statutes 2012, section 256I.04, subdivision 2b, is amended to read:
8.2    Subd. 2b. Group residential housing agreements. (a) Agreements between county
8.3agencies and providers of group residential housing must be in writing and must specify
8.4the name and address under which the establishment subject to the agreement does
8.5business and under which the establishment, or service provider, if different from the
8.6group residential housing establishment, is licensed by the Department of Health or the
8.7Department of Human Services; the specific license or registration from the Department
8.8of Health or the Department of Human Services held by the provider and the number
8.9of beds subject to that license; the address of the location or locations at which group
8.10residential housing is provided under this agreement; the per diem and monthly rates that
8.11are to be paid from group residential housing funds for each eligible resident at each
8.12location; the number of beds at each location which are subject to the group residential
8.13housing agreement; whether the license holder is a not-for-profit corporation under section
8.14501(c)(3) of the Internal Revenue Code; and a statement that the agreement is subject to
8.15the provisions of sections 256I.01 to 256I.06 and subject to any changes to those sections.
8.16Group residential housing agreements may be terminated with or without cause by either
8.17the county or the provider with two calendar months prior notice.
8.18(b) The commissioner may enter directly into an agreement with a provider serving
8.19veterans who meet the eligibility criteria of this section and reside in a setting according to
8.20subdivision 2a, located in Stearns County. Responsibility for monitoring and oversight of
8.21this setting shall remain with Stearns County. This agreement may be terminated with
8.22or without cause by either the commissioner or the provider with two calendar months
8.23prior notice. This agreement shall be subject to the requirements of county agreements
8.24and negotiated rates in subdivisions 1, paragraphs (a) and (b), and 2, and sections 256I.05,
8.25subdivisions 1 and 1c, and 256I.06, subdivision 7.
8.26EFFECTIVE DATE.This section is effective the day following final enactment.

8.27    Sec. 7. Minnesota Statutes 2012, section 256J.26, subdivision 1, is amended to read:
8.28    Subdivision 1. Person convicted of drug offenses. (a) An individual who has been
8.29convicted of a felony level drug offense committed during the previous ten years from the
8.30date of application or recertification is may be subject to the following:
8.31(1) Benefits for the entire assistance unit must may be paid in vendor form for shelter
8.32and utilities during any time the applicant is part of the assistance unit.
8.33(2) The convicted applicant or participant shall may be subject to random drug
8.34testing as a condition of continued eligibility and following any positive test for an illegal
8.35controlled substance is subject to the following sanctions:
9.1(i) for failing a drug test the first time, the residual amount of the participant's grant
9.2after making vendor payments for shelter and utility costs, if any, must be reduced by an
9.3amount equal to 30 percent of the MFIP standard of need for an assistance unit of the same
9.4size. When a sanction under this subdivision is in effect, the job counselor must attempt
9.5to meet with the person face-to-face. During the face-to-face meeting, the job counselor
9.6must explain the consequences of a subsequent drug test failure and inform the participant
9.7of the right to appeal the sanction under section 256J.40. If a face-to-face meeting is
9.8not possible, the county agency must send the participant a notice of adverse action as
9.9provided in section 256J.31, subdivisions 4 and 5, and must include the information
9.10required in the face-to-face meeting; or
9.11(ii) for failing a drug test two times, the participant is permanently disqualified from
9.12receiving MFIP assistance, both the cash and food portions. The assistance unit's MFIP
9.13grant must be reduced by the amount which would have otherwise been made available to
9.14the disqualified participant. Disqualification under this item does not make a participant
9.15ineligible for food stamps or food support. Before a disqualification under this provision is
9.16imposed, the job counselor must attempt to meet with the participant face-to-face. During
9.17the face-to-face meeting, the job counselor must identify other resources that may be
9.18available to the participant to meet the needs of the family and inform the participant of
9.19the right to appeal the disqualification under section 256J.40. If a face-to-face meeting is
9.20not possible, the county agency must send the participant a notice of adverse action as
9.21provided in section 256J.31, subdivisions 4 and 5, and must include the information
9.22required in the face-to-face meeting.
9.23(3) A participant who fails a drug test the first time and is under a sanction due to
9.24other MFIP program requirements is considered to have more than one occurrence of
9.25noncompliance and is subject to the applicable level of sanction as specified under section
9.26256J.46, subdivision 1 , paragraph (d).
9.27(b) Applicants requesting only food stamps or food support or participants receiving
9.28only food stamps or food support, who have been convicted of a drug offense that
9.29occurred after July 1, 1997, may, if otherwise eligible, receive food stamps or food support
9.30if the convicted applicant or participant is subject to random drug testing as a condition
9.31of continued eligibility. Following a positive test for an illegal controlled substance, the
9.32applicant is subject to the following sanctions:
9.33(1) for failing a drug test the first time, food stamps or food support shall be reduced
9.34by an amount equal to 30 percent of the applicable food stamp or food support allotment.
9.35When a sanction under this clause is in effect, a job counselor must attempt to meet with
9.36the person face-to-face. During the face-to-face meeting, a job counselor must explain
10.1the consequences of a subsequent drug test failure and inform the participant of the right
10.2to appeal the sanction under section 256J.40. If a face-to-face meeting is not possible,
10.3a county agency must send the participant a notice of adverse action as provided in
10.4section 256J.31, subdivisions 4 and 5, and must include the information required in the
10.5face-to-face meeting; and
10.6(2) for failing a drug test two times, the participant is permanently disqualified from
10.7receiving food stamps or food support. Before a disqualification under this provision is
10.8imposed, a job counselor must attempt to meet with the participant face-to-face. During
10.9the face-to-face meeting, the job counselor must identify other resources that may be
10.10available to the participant to meet the needs of the family and inform the participant of
10.11the right to appeal the disqualification under section 256J.40. If a face-to-face meeting
10.12is not possible, a county agency must send the participant a notice of adverse action as
10.13provided in section 256J.31, subdivisions 4 and 5, and must include the information
10.14required in the face-to-face meeting.
10.15(c) For the purposes of this subdivision, "drug offense" means an offense that occurred
10.16during the previous ten years from the date of application or recertification of sections
10.17152.021 to 152.025, 152.0261, 152.0262, 152.096, or 152.137. Drug offense also means a
10.18conviction in another jurisdiction of the possession, use, or distribution of a controlled
10.19substance, or conspiracy to commit any of these offenses, if the offense occurred during
10.20the previous ten years from the date of application or recertification and the conviction is a
10.21felony offense in that jurisdiction, or in the case of New Jersey, a high misdemeanor.

10.22    Sec. 8. Minnesota Statutes 2013 Supplement, section 256N.02, is amended by adding a
10.23subdivision to read:
10.24    Subd. 14a. Licensed child foster parent. "Licensed child foster parent" means a
10.25person who is licensed for child foster care under Minnesota Rules, parts 2960.3000 to
10.262960.3340, or licensed by a Minnesota tribe in accordance with tribal standards.

10.27    Sec. 9. Minnesota Statutes 2013 Supplement, section 256N.21, subdivision 2, is
10.28amended to read:
10.29    Subd. 2. Placement in foster care. To be eligible for foster care benefits under this
10.30section, the child must be in placement away from the child's legal parent or guardian
10.31and all of the following criteria must be met must meet the criteria in clause (1) and
10.32either clause (2) or (3):
11.1(1) the legally responsible agency must have placement authority and care
11.2responsibility, including for a child 18 years old or older and under age 21, who maintains
11.3eligibility for foster care consistent with section 260C.451;
11.4(2) the legally responsible agency must have placement authority and care
11.5responsibility to place the child with a voluntary placement agreement or a court order,
11.6consistent with sections 260B.198, 260C.001, 260D.01, or continued eligibility consistent
11.7with section 260C.451 for a child 18 years old or older and under age 21 who maintains
11.8eligibility for foster care; and
11.9(3) (2) the child must be placed in an emergency relative placement under section
11.10245A.035, with a licensed foster family setting, foster residence setting, or treatment
11.11foster care setting licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, a
11.12family foster home licensed or approved by a tribal agency or, for a child 18 years old or
11.13older and under age 21, child foster parent; or
11.14(3) the child must be placed in one of the following unlicensed child foster care
11.15settings:
11.16(i) an emergency relative placement under section 245A.035, with the legally
11.17responsible agency ensuring the relative completes the required child foster care
11.18application process;
11.19(ii) a licensed adult foster home with an approved six-month variance under section
11.20245A.16; or
11.21(iii) for a child 18 years old or older and under age 21 who is eligible for extended
11.22foster care under section 260C.451, an unlicensed supervised independent living setting
11.23approved by the agency responsible for the youth's child's care.

11.24    Sec. 10. Minnesota Statutes 2013 Supplement, section 256N.21, is amended by adding
11.25a subdivision to read:
11.26    Subd. 7. Background study. (a) A county or private agency conducting a
11.27background study for purposes of child foster care licensing or approval must conduct
11.28the study in accordance with chapter 245C and must meet the requirements in United
11.29States Code, title 42, section 671(a)(20).
11.30(b) A tribal organization conducting a background study for purposes of child foster
11.31care licensing or approval must conduct the study in accordance with the requirements in
11.32United States Code, title 25, sections 1931 to 1932. The study must meet the requirements
11.33in United States Code, title 42, section 671(a)(20), when applicable.

12.1    Sec. 11. Minnesota Statutes 2013 Supplement, section 256N.22, subdivision 6, is
12.2amended to read:
12.3    Subd. 6. Exclusions. (a) A child with a guardianship assistance agreement under
12.4Northstar Care for Children is not eligible for the Minnesota family investment program
12.5child-only grant under chapter 256J.
12.6(b) The commissioner shall not enter into a guardianship assistance agreement with:
12.7(1) a child's biological parent or stepparent;
12.8(2) an individual assuming permanent legal and physical custody of a child or the
12.9equivalent under tribal code without involvement of the child welfare system; or
12.10(3) an individual assuming permanent legal and physical custody of a child who was
12.11placed in Minnesota by another state or a tribe outside of Minnesota.

12.12    Sec. 12. Minnesota Statutes 2013 Supplement, section 256N.23, subdivision 1, is
12.13amended to read:
12.14    Subdivision 1. General eligibility requirements. (a) To be eligible for adoption
12.15assistance under this section, a child must:
12.16(1) be determined to be a child with special needs under subdivision 2;
12.17(2) meet the applicable citizenship and immigration requirements in subdivision 3;
12.18(3)(i) meet the criteria in section 473 of the Social Security Act; or
12.19(ii) have had foster care payments paid on the child's behalf while in out-of-home
12.20placement through the county or tribe and be either under the tribal social service agency
12.21prior to the issuance of a court order transferring the child's guardianship of to the
12.22commissioner or under the jurisdiction of a Minnesota tribe and adoption, according
12.23to tribal law, is in the child's documented permanency plan ordering the child a ward
12.24of tribal court; and
12.25(4) have a written, binding agreement under section 256N.25 among the adoptive
12.26parent, the financially responsible agency, or, if there is no financially responsible agency,
12.27the agency designated by the commissioner, and the commissioner established prior to
12.28finalization of the adoption.
12.29(b) In addition to the requirements in paragraph (a), an eligible child's adoptive parent
12.30or parents must meet the applicable background study requirements in subdivision 4.
12.31(c) A child who meets all eligibility criteria except those specific to title IV-E adoption
12.32assistance shall receive adoption assistance paid through funds other than title IV-E.
12.33(d) A child receiving Northstar kinship assistance payments under section 256N.22
12.34is eligible for adoption assistance when the criteria in paragraph (a) are met and the child's
12.35legal custodian is adopting the child.

13.1    Sec. 13. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 9, is
13.2amended to read:
13.3    Subd. 9. Timing of and requests for reassessments. Reassessments for an eligible
13.4child must be completed within 30 days of any of the following events:
13.5(1) for a child in continuous foster care, when six months have elapsed since
13.6completion of the last assessment the initial assessment, and annually thereafter;
13.7(2) for a child in continuous foster care, change of placement location;
13.8(3) for a child in foster care, at the request of the financially responsible agency or
13.9legally responsible agency;
13.10(4) at the request of the commissioner; or
13.11(5) at the request of the caregiver under subdivision 9 10.

13.12    Sec. 14. Minnesota Statutes 2013 Supplement, section 256N.24, subdivision 10,
13.13is amended to read:
13.14    Subd. 10. Caregiver requests for reassessments. (a) A caregiver may initiate
13.15a reassessment request for an eligible child in writing to the financially responsible
13.16agency or, if there is no financially responsible agency, the agency designated by the
13.17commissioner. The written request must include the reason for the request and the
13.18name, address, and contact information of the caregivers. For an eligible child with a
13.19guardianship assistance or adoption assistance agreement, The caregiver may request a
13.20reassessment if at least six months have elapsed since any previously requested review.
13.21For an eligible foster child, a foster parent may request reassessment in less than six
13.22months with written documentation that there have been significant changes in the child's
13.23needs that necessitate an earlier reassessment.
13.24(b) A caregiver may request a reassessment of an at-risk child for whom a
13.25guardianship assistance or adoption assistance agreement has been executed if the
13.26caregiver has satisfied the commissioner with written documentation from a qualified
13.27expert that the potential disability upon which eligibility for the agreement was based has
13.28manifested itself, consistent with section 256N.25, subdivision 3, paragraph (b).
13.29(c) If the reassessment cannot be completed within 30 days of the caregiver's request,
13.30the agency responsible for reassessment must notify the caregiver of the reason for the
13.31delay and a reasonable estimate of when the reassessment can be completed.
13.32(d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9,
13.33when a Northstar kinship assistance agreement or adoption assistance agreement under
13.34section 256N.25 has been signed by all parties, no reassessment may be requested or
14.1conducted for up to two years until the Northstar kinship assistance agreement or the
14.2adoption assistance agreement goes into effect or expires.

14.3    Sec. 15. Minnesota Statutes 2012, section 257.85, subdivision 11, is amended to read:
14.4    Subd. 11. Financial considerations. (a) Payment of relative custody assistance
14.5under a relative custody assistance agreement is subject to the availability of state funds
14.6and payments may be reduced or suspended on order of the commissioner if insufficient
14.7funds are available.
14.8(b) Upon receipt from a local agency of a claim for reimbursement, the commissioner
14.9shall reimburse the local agency in an amount equal to 100 percent of the relative custody
14.10assistance payments provided to relative custodians. The A local agency may not seek and
14.11the commissioner shall not provide reimbursement for the administrative costs associated
14.12with performing the duties described in subdivision 4.
14.13(c) For the purposes of determining eligibility or payment amounts under MFIP,
14.14relative custody assistance payments shall be excluded in determining the family's
14.15available income.
14.16(d) For expenditures made on or before December 31, 2014, upon receipt from a
14.17local agency of a claim for reimbursement, the commissioner shall reimburse the local
14.18agency in an amount equal to 100 percent of the relative custody assistance payments
14.19provided to relative custodians.
14.20(e) For expenditures made on or after January 1, 2015, upon receipt from a local
14.21agency of a claim for reimbursement, the commissioner shall reimburse the local agency as
14.22part of the Northstar Care for Children fiscal reconciliation process under section 256N.27.

14.23    Sec. 16. Minnesota Statutes 2013 Supplement, section 259.35, subdivision 1, is
14.24amended to read:
14.25    Subdivision 1. Parental responsibilities. Prior to commencing an investigation
14.26of the suitability of proposed adoptive parents, a child-placing agency shall give the
14.27individuals the following written notice in all capital letters at least one-eighth inch high:
14.28"Minnesota Statutes, section sections 259.59 and 260C.635, provides provide that
14.29upon legally adopting a child, adoptive parents assume all the rights and responsibilities of
14.30birth parents. The responsibilities include providing for the child's financial support and
14.31caring for health, emotional, and behavioral problems. Except for subsidized adoptions
14.32under Minnesota Statutes, chapter 259A, section 256N.23, or any other provisions of law
14.33that expressly apply to adoptive parents and children, adoptive parents are not eligible for
14.34state or federal financial subsidies besides those that a birth parent would be eligible to
15.1receive for a child. Adoptive parents may not terminate their parental rights to a legally
15.2adopted child for a reason that would not apply to a birth parent seeking to terminate rights
15.3to a child. An individual who takes guardianship of a child for the purpose of adopting the
15.4child shall, upon taking guardianship from the child's country of origin, assume all the
15.5rights and responsibilities of birth and adoptive parents as stated in this paragraph."

15.6    Sec. 17. Minnesota Statutes 2012, section 259.41, subdivision 1, is amended to read:
15.7    Subdivision 1. Study required before placement; certain relatives excepted. (a)
15.8An approved adoption study; completed background study, as required under section
15.9245C.33 ; and written report must be completed before the child is placed in a prospective
15.10adoptive home under this chapter, except as allowed by section 259.47, subdivision 6.
15.11In an agency placement, the report must be filed with the court at the time the adoption
15.12petition is filed. In a direct adoptive placement, the report must be filed with the court in
15.13support of a motion for temporary preadoptive custody under section 259.47, subdivision
15.143 , or, if the study and report are complete, in support of an emergency order under section
15.15259.47, subdivision 6 . The study and report shall be completed by a licensed child-placing
15.16agency and must be thorough and comprehensive. The study and report shall be paid for
15.17by the prospective adoptive parent, except as otherwise required under section 256.01,
15.18subdivision 2, paragraph (h), 259.67 , or 256N.25, 259.73, or 259A.70.
15.19    (b) A placement for adoption with an individual who is related to the child, as
15.20defined by section 245A.02, subdivision 13, is subject to a background study required
15.21by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the
15.22case of a stepparent adoption, a background study must be completed on the stepparent
15.23and any children as required under subdivision 3, paragraph (b), except that a child of
15.24the stepparent does not need to have a background study complete if they are a sibling
15.25through birth or adoption of the person being adopted. The local social services agency
15.26of the county in which the prospective adoptive parent lives must initiate a background
15.27study unless a child-placing agency has been involved with the adoption. The local social
15.28service agency may charge a reasonable fee for the background study. If a placement is
15.29being made the background study must be completed prior to placement pursuant to
15.30section 259.29, subdivision 1, paragraph (c). Background study results must be filed with
15.31the adoption petition according to section 259.22, except in an adult adoption where an
15.32adoption study and background study are not needed.
15.33    (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
15.34parent's care, any portions of the foster care licensing process that duplicate requirements of
15.35the home study may be submitted in satisfaction of the relevant requirements of this section.

16.1    Sec. 18. Minnesota Statutes 2012, section 260C.212, subdivision 2, is amended to read:
16.2    Subd. 2. Placement decisions based on best interests of the child. (a) The
16.3policy of the state of Minnesota is to ensure that the child's best interests are met by
16.4requiring an individualized determination of the needs of the child and of how the selected
16.5placement will serve the needs of the child being placed. The authorized child-placing
16.6agency shall place a child, released by court order or by voluntary release by the parent
16.7or parents, in a family foster home selected by considering placement with relatives and
16.8important friends in the following order:
16.9    (1) with an individual who is related to the child by blood, marriage, or adoption; or
16.10    (2) with an individual who is an important friend with whom the child has resided or
16.11had significant contact.
16.12    (b) Among the factors the agency shall consider in determining the needs of the
16.13child are the following:
16.14    (1) the child's current functioning and behaviors;
16.15    (2) the medical needs of the child;
16.16(3) the educational needs of the child;
16.17(4) the developmental needs of the child;
16.18    (5) the child's history and past experience;
16.19    (6) the child's religious and cultural needs;
16.20    (7) the child's connection with a community, school, and faith community;
16.21    (8) the child's interests and talents;
16.22    (9) the child's relationship to current caretakers, parents, siblings, and relatives; and
16.23    (10) the reasonable preference of the child, if the court, or the child-placing agency
16.24in the case of a voluntary placement, deems the child to be of sufficient age to express
16.25preferences.
16.26    (c) Placement of a child cannot be delayed or denied based on race, color, or national
16.27origin of the foster parent or the child.
16.28    (d) Siblings should be placed together for foster care and adoption at the earliest
16.29possible time unless it is documented that a joint placement would be contrary to the
16.30safety or well-being of any of the siblings or unless it is not possible after reasonable
16.31efforts by the responsible social services agency. In cases where siblings cannot be placed
16.32together, the agency is required to provide frequent visitation or other ongoing interaction
16.33between siblings unless the agency documents that the interaction would be contrary to
16.34the safety or well-being of any of the siblings.
16.35    (e) Except for emergency placement as provided for in section 245A.035, the
16.36following requirements must be satisfied before the approval of a foster or adoptive
17.1placement in a related or unrelated home: (1) a completed background study is required
17.2 under section 245C.08 before the approval of a foster placement in a related or unrelated
17.3home; and (2) a completed review of the written home study required under section
17.4260C.215, subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective
17.5foster or adoptive parent to ensure the placement will meet the needs of the individual child.

17.6    Sec. 19. Minnesota Statutes 2012, section 260C.215, subdivision 4, is amended to read:
17.7    Subd. 4. Duties of commissioner. The commissioner of human services shall:
17.8(1) provide practice guidance to responsible social services agencies and child-placing
17.9agencies that reflect federal and state laws and policy direction on placement of children;
17.10(2) develop criteria for determining whether a prospective adoptive or foster family
17.11has the ability to understand and validate the child's cultural background;
17.12(3) provide a standardized training curriculum for adoption and foster care workers
17.13and administrators who work with children. Training must address the following objectives:
17.14(i) developing and maintaining sensitivity to all cultures;
17.15(ii) assessing values and their cultural implications;
17.16(iii) making individualized placement decisions that advance the best interests of a
17.17particular child under section 260C.212, subdivision 2; and
17.18(iv) issues related to cross-cultural placement;
17.19(4) provide a training curriculum for all prospective adoptive and foster families that
17.20prepares them to care for the needs of adoptive and foster children taking into consideration
17.21the needs of children outlined in section 260C.212, subdivision 2, paragraph (b);
17.22(5) develop and provide to agencies a home study format to assess the capacities
17.23and needs of prospective adoptive and foster families. The format must address
17.24problem-solving skills; parenting skills; evaluate the degree to which the prospective
17.25family has the ability to understand and validate the child's cultural background, and other
17.26issues needed to provide sufficient information for agencies to make an individualized
17.27placement decision consistent with section 260C.212, subdivision 2. For a study of a
17.28prospective foster parent, the format must also address the capacity of the prospective
17.29foster parent to provide a safe, healthy, smoke-free home environment. If a prospective
17.30adoptive parent has also been a foster parent, any update necessary to a home study for
17.31the purpose of adoption may be completed by the licensing authority responsible for the
17.32foster parent's license. If a prospective adoptive parent with an approved adoptive home
17.33study also applies for a foster care license, the license application may be made with the
17.34same agency which provided the adoptive home study; and
18.1(6) consult with representatives reflecting diverse populations from the councils
18.2established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and
18.3community organizations.

18.4    Sec. 20. Minnesota Statutes 2012, section 260C.215, subdivision 6, is amended to read:
18.5    Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing
18.6agency must:
18.7(1) develop and follow procedures for implementing the requirements of section
18.8260C.212, subdivision 2 , and the Indian Child Welfare Act, United States Code, title
18.925, sections 1901 to 1923;
18.10(2) have a written plan for recruiting adoptive and foster families that reflect the
18.11ethnic and racial diversity of children who are in need of foster and adoptive homes.
18.12The plan must include:
18.13(i) strategies for using existing resources in diverse communities;
18.14(ii) use of diverse outreach staff wherever possible;
18.15(iii) use of diverse foster homes for placements after birth and before adoption; and
18.16(iv) other techniques as appropriate;
18.17(3) have a written plan for training adoptive and foster families;
18.18(4) have a written plan for employing staff in adoption and foster care who have
18.19the capacity to assess the foster and adoptive parents' ability to understand and validate a
18.20child's cultural and meet the child's individual needs, and to advance the best interests of
18.21the child, as required in section 260C.212, subdivision 2. The plan must include staffing
18.22goals and objectives;
18.23(5) ensure that adoption and foster care workers attend training offered or approved
18.24by the Department of Human Services regarding cultural diversity and the needs of special
18.25needs children; and
18.26(6) develop and implement procedures for implementing the requirements of the
18.27Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.; and
18.28(7) ensure that children in foster care are protected from the effects of secondhand
18.29smoke and that licensed foster homes maintain a smoke-free environment in compliance
18.30with subdivision 9.
18.31(b) In determining the suitability of a proposed placement of an Indian child, the
18.32standards to be applied must be the prevailing social and cultural standards of the Indian
18.33child's community, and the agency shall defer to tribal judgment as to suitability of a
18.34particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

19.1    Sec. 21. Minnesota Statutes 2012, section 260C.215, is amended by adding a
19.2subdivision to read:
19.3    Subd. 9. Preventing exposure to secondhand smoke for children in foster care.
19.4(a) A child in foster care shall not be exposed to any type of secondhand smoke in the
19.5following settings:
19.6(1) a licensed foster home or any space connected to the home, including a garage,
19.7porch, deck, or similar space;
19.8(2) all outdoor areas on the premises of the home when a foster child is present; and
19.9(3) a motor vehicle in which a foster child is transported.
19.10(b) The home study required in subdivision 4, clause (5), must include a plan to
19.11maintain a smoke-free environment for foster children.
19.12(c) If a foster parent fails to provide a smoke-free environment for a foster child, the
19.13child-placing agency must ask the foster parent to comply with a plan that includes training
19.14on the health risks of exposure to secondhand smoke. If the agency determines that the
19.15foster parent is unable to provide a smoke-free environment and that the home environment
19.16constitutes a health risk to a foster child, the agency must reassess whether the placement
19.17is based on the child's best interests consistent with section 260C.212, subdivision 2.
19.18(d) Nothing in this subdivision shall delay the placement of a child with a relative,
19.19consistent with section 245A.035, unless the relative is unable to provide for the
19.20immediate health needs of the individual child.
19.21(e) Nothing in this subdivision shall be interpreted to interfere with traditional or
19.22spiritual Native American or religious ceremonies involving the use of tobacco.

19.23    Sec. 22. Minnesota Statutes 2012, section 626.556, subdivision 11c, is amended to read:
19.24    Subd. 11c. Welfare, court services agency, and school records maintained.
19.25Notwithstanding sections 138.163 and 138.17, records maintained or records derived
19.26from reports of abuse by local welfare agencies, agencies responsible for assessing or
19.27investigating the report, court services agencies, or schools under this section shall be
19.28destroyed as provided in paragraphs (a) to (d) by the responsible authority.
19.29(a) For family assessment cases and cases where an investigation results in no
19.30determination of maltreatment or the need for child protective services, the assessment or
19.31investigation records must be maintained for a period of four years. Records under this
19.32paragraph may not be used for employment, background checks, or purposes other than to
19.33assist in future risk and safety assessments.
20.1(b) All records relating to reports which, upon investigation, indicate either
20.2maltreatment or a need for child protective services shall be maintained for at least ten
20.3years after the date of the final entry in the case record.
20.4(c) All records regarding a report of maltreatment, including any notification of intent
20.5to interview which was received by a school under subdivision 10, paragraph (d), shall be
20.6destroyed by the school when ordered to do so by the agency conducting the assessment or
20.7investigation. The agency shall order the destruction of the notification when other records
20.8relating to the report under investigation or assessment are destroyed under this subdivision.
20.9(d) Private or confidential data released to a court services agency under subdivision
20.1010h must be destroyed by the court services agency when ordered to do so by the local
20.11welfare agency that released the data. The local welfare agency or agency responsible for
20.12assessing or investigating the report shall order destruction of the data when other records
20.13relating to the assessment or investigation are destroyed under this subdivision.
20.14(e) For reports alleging child maltreatment that were not accepted for assessment
20.15or investigation, counties shall maintain sufficient information to identify repeat reports
20.16alleging maltreatment of the same child or children for 365 days from the date the report
20.17was screened out. The Department of Human Services shall specify to the counties the
20.18minimum information needed to accomplish this purpose. Counties shall enter this data
20.19into the state social services information system.

20.20    Sec. 23. MINNESOTA TANF EXPENDITURES TASK FORCE.
20.21    Subdivision 1. Establishment. The Minnesota TANF Expenditures Task Force is
20.22established to analyze past temporary assistance for needy families (TANF) expenditures
20.23and make recommendations as to which, if any, programs currently receiving TANF
20.24funding should be funded by the general fund so that a greater portion of TANF funds
20.25can go directly to Minnesota families receiving assistance through the Minnesota family
20.26investment program under Minnesota Statutes, chapter 256J.
20.27    Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of the
20.28following members who serve at the pleasure of their appointing authority:
20.29(1) one representative of the Department of Human Services appointed by the
20.30commissioner of human services;
20.31(2) one representative of the Department of Management and Budget appointed by
20.32the commissioner of management and budget;
20.33(3) one representative of the Department of Health appointed by the commissioner
20.34of health;
21.1(4) one representative of the Local Public Health Association of Minnesota;
21.2(5) two representatives of county government appointed by the Association of
21.3Minnesota Counties, one representing counties in the seven-county metropolitan area
21.4and one representing all other counties;
21.5(6) one representative of the Minnesota Legal Services Coalition;
21.6(7) one representative of the Children's Defense Fund of Minnesota;
21.7(8) one representative of the Minnesota Coalition for the Homeless;
21.8(9) one representative of the Welfare Rights Coalition;
21.9(10) two members of the house of representatives, one appointed by the speaker of
21.10the house and one appointed by the minority leader; and
21.11(11) two members of the senate, including one member of the minority party,
21.12appointed according to the rules of the senate.
21.13(b) Notwithstanding Minnesota Statutes, section 15.059, members of the task force
21.14shall serve without compensation or reimbursement of expenses.
21.15(c) The commissioner of human services must convene the first meeting of the
21.16Minnesota TANF Expenditures Task Force by July 31, 2014. The task force must meet at
21.17least quarterly.
21.18(d) Staffing and technical assistance shall be provided within available resources by
21.19the Department of Human Services, children and family services division.
21.20    Subd. 3. Duties. (a) The task force must report on past expenditures of the TANF
21.21block grant, including a determination of whether or not programs for which TANF funds
21.22have been appropriated meet the purposes of the TANF program as defined under Code of
21.23Federal Regulations, title 45, section 260.20, and make recommendations as to which,
21.24if any, programs currently receiving TANF funds should be funded by the general fund.
21.25In making recommendations on program funding sources, the task force shall consider
21.26the following:
21.27(1) the original purpose of the TANF block grant under Code of Federal Regulations,
21.28title 45, section 260.20;
21.29(2) potential overlap of the population eligible for the Minnesota family investment
21.30program cash grant and the other programs currently receiving TANF funds;
21.31(3) the ability for TANF funds, as appropriated under current law, to effectively help
21.32the lowest-income Minnesotans out of poverty;
21.33(4) the impact of past expenditures on families who may be eligible for assistance
21.34through TANF;
21.35(5) the ability of TANF funds to support effective parenting and optimal brain
21.36development in children under five years old; and
22.1(6) the role of noncash assistance expenditures in maintaining compliance with
22.2federal law.
22.3(b) In preparing the recommendations under paragraph (a), the task force shall
22.4consult with appropriate Department of Human Services information technology staff
22.5regarding implementation of the recommendations.
22.6    Subd. 4. Report. (a) The task force must submit an initial report by November
22.730, 2014, on past expenditures of the TANF block grant in Minnesota to the chairs and
22.8ranking minority members of the legislative committees with jurisdiction over health and
22.9human services policy and finance.
22.10(b) The task force must submit a final report by February 1, 2015, analyzing past
22.11TANF expenditures and making recommendations as to which programs, if any, currently
22.12receiving TANF funding should be funded by the general fund, including any phase-in
22.13period and draft legislation necessary for implementation, to the chairs and ranking
22.14minority members of the legislative committees with jurisdiction over health and human
22.15services policy and finance.
22.16    Subd. 5. Expiration. This section expires March 1, 2015, or upon submission of the
22.17final report required under subdivision 4, whichever is earlier.

22.18    Sec. 24. REVISOR'S INSTRUCTION.
22.19The revisor of statutes shall change the term "guardianship assistance" to "Northstar
22.20kinship assistance" wherever it appears in Minnesota Statutes and Minnesota Rules to
22.21refer to the program components related to Northstar Care for Children under Minnesota
22.22Statutes, chapter 256N.


22.25    Section 1. Minnesota Statutes 2012, section 144E.101, subdivision 6, is amended to
22.26read:
22.27    Subd. 6. Basic life support. (a) Except as provided in paragraphs (e) and (f), a
22.28basic life-support ambulance shall be staffed by at least two EMTs, one of whom must
22.29accompany the patient and provide a level of care so as to ensure that:
22.30    (1) life-threatening situations and potentially serious injuries are recognized;
22.31    (2) patients are protected from additional hazards;
22.32    (3) basic treatment to reduce the seriousness of emergency situations is administered;
22.33and
23.1    (4) patients are transported to an appropriate medical facility for treatment.
23.2    (b) A basic life-support service shall provide basic airway management.
23.3    (c) A basic life-support service shall provide automatic defibrillation.
23.4    (d) A basic life-support service licensee's medical director may authorize ambulance
23.5service personnel to perform intravenous infusion and use equipment that is within the
23.6licensure level of the ambulance service, including administration of an opiate antagonist.
23.7Ambulance service personnel must be properly trained. Documentation of authorization
23.8for use, guidelines for use, continuing education, and skill verification must be maintained
23.9in the licensee's files.
23.10    (e) Upon application from an ambulance service that includes evidence demonstrating
23.11hardship, the board may grant a variance from the staff requirements in paragraph (a) and
23.12may authorize a basic life-support ambulance to be staffed by one EMT and one registered
23.13emergency medical responder driver for all emergency ambulance calls and interfacility
23.14transfers. The variance shall apply to basic life-support ambulances operated by the
23.15ambulance service until the ambulance service renews its license. When a variance expires,
23.16an ambulance service may apply for a new variance under this paragraph. For purposes of
23.17this paragraph, "ambulance service" means either an ambulance service whose primary
23.18service area is mainly located outside the metropolitan counties listed in section 473.121,
23.19subdivision 4 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
23.20Cloud; or an ambulance service based in a community with a population of less than 1,000.
23.21    (f) After an initial emergency ambulance call, each subsequent emergency ambulance
23.22response, until the initial ambulance is again available, and interfacility transfers, may
23.23be staffed by one registered emergency medical responder driver and an EMT. The
23.24EMT must accompany the patient and provide the level of care required in paragraph
23.25(a). This paragraph applies only to an ambulance service whose primary service area is
23.26mainly located outside the metropolitan counties listed in section 473.121, subdivision
23.274 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St. Cloud, or an
23.28ambulance based in a community with a population of less than 1,000 persons.

23.29    Sec. 2. [150A.055] ADMINISTRATION OF INFLUENZA IMMUNIZATIONS.
23.30    Subdivision 1. Practice of dentistry. A person licensed to practice dentistry under
23.31sections 150A.01 to 150A.14 shall be deemed to be practicing dentistry while participating
23.32in the administration of an influenza vaccination.
23.33    Subd. 2. Qualified dentists. (a) The influenza immunization shall be administered
23.34only to patients 19 years of age and older and only by licensed dentists who:
24.1(1) have immediate access to emergency response equipment, including but not
24.2limited to oxygen administration equipment, epinephrine, and other allergic reaction
24.3response equipment; and
24.4(2) the dentist is trained in or has successfully completed a program approved by the
24.5Minnesota Board of Dentistry, specifically for the administration of immunizations. The
24.6training or program must include:
24.7(i) educational material on the disease of influenza and vaccination as prevention
24.8of the disease;
24.9(ii) contraindications and precautions;
24.10(iii) intramuscular administration;
24.11(iv) communication of risk and benefits of influenza vaccination and legal
24.12requirements involved;
24.13(v) reporting of adverse events;
24.14(vi) documentation required by federal law; and
24.15(vii) storage and handling of vaccines.
24.16(b) Any dentist giving influenza vaccinations under this section shall comply
24.17with guidelines established by the federal Advisory Committee on Immunization
24.18Practices relating to vaccines and immunizations, which includes, but is not limited to,
24.19vaccine storage and handling, vaccine administration and documentation, and vaccine
24.20contraindications and precautions.
24.21    Subd. 3. Coordination of care. After a dentist qualified under subdivision 2 has
24.22administered an influenza vaccine to a patient, the dentist shall report the administration of
24.23the immunization to the Minnesota Immunization Information Connection or otherwise
24.24notify the patient's primary physician or clinic of the administration of the immunization.
24.25EFFECTIVE DATE.This section is effective January 1, 2015, and applies to
24.26influenza immunizations performed on or after that date.

24.27    Sec. 3. Minnesota Statutes 2012, section 151.37, is amended by adding a subdivision
24.28to read:
24.29    Subd. 12. Administration of opiate antagonists for drug overdose. (a) A licensed
24.30physician, a licensed advanced practice registered nurse authorized to prescribe drugs
24.31pursuant to section 148.235, or a licensed physician assistant authorized to prescribe drugs
24.32pursuant to section 147A.18, may authorize the following individuals to administer opiate
24.33antagonists, as defined in section 604A.04, subdivision 1:
24.34(1) an emergency medical responder registered pursuant to section 144E.27;
25.1(2) a peace officer as defined in section 626.84, subdivision 1, paragraphs (c) and
25.2(d); and
25.3(3) staff of community-based health disease prevention or social service programs.
25.4(b) For the purposes of this subdivision, opiate antagonists may be administered by
25.5one of these individuals only if:
25.6(1) the licensed physician, licensed physician assistant, or licensed advanced
25.7practice registered nurse has issued a standing order to, or entered into a protocol with,
25.8the individual; and
25.9(2) the individual has training in the recognition of signs of opiate overdose and the
25.10use of opiate antagonists as part of the emergency response to opiate overdose.
25.11(c) Nothing in this section prohibits the possession and administration of naloxone
25.12pursuant to section 604A.04.

25.13    Sec. 4. [151.71] DEFINITIONS.
25.14    Subdivision 1. Applicability. For purposes of sections 151.71 to 151.75, the
25.15following definitions apply.
25.16    Subd. 2. Community/outpatient pharmacy. "Community/outpatient pharmacy"
25.17has the meaning provided in Minnesota Rules, part 6800.0100, subpart 2.
25.18    Subd. 3. Covered individual. "Covered individual" means an individual receiving
25.19prescription drug coverage under a health plan through a pharmacy benefit manager, or
25.20through an employee benefit plan established or maintained by a plan sponsor.
25.21    Subd. 4. Extended days supply. "Extended days supply" means a medication
25.22supply greater than the quantity considered by the health plan to be a one-month supply.
25.23    Subd. 5. Health care provider. "Health care provider" has the meaning provided in
25.24section 62J.03, subdivision 8, except the term also includes nursing homes.
25.25    Subd. 6. Health plan. "Health plan" has the meaning provided in section 62Q.01,
25.26subdivision 3.
25.27    Subd. 7. Health plan company. "Health plan company" has the meaning provided
25.28in section 62Q.01, subdivision 4.
25.29    Subd. 8. Long-term care pharmacy. "Long-term care pharmacy" has the meaning
25.30provided in Minnesota Rules, part 6800.0100, subpart 4.
25.31    Subd. 9. Mail-order pharmacy. "Mail-order pharmacy" means a pharmacy
25.32licensed under this chapter that:
25.33(1) has the primary business of receiving prescription drug orders by mail or
25.34electronic transmission;
26.1(2) dispenses prescribed drugs to patients through the use of mail or a private
26.2delivery service; and
26.3(3) primarily consults with patients by mail or electronic means.
26.4    Subd. 10. Managed care organization. "Managed care organization" has the
26.5meaning provided in section 62Q.01, subdivision 5.
26.6    Subd. 11. Maximum allowable cost. "Maximum allowable cost" means:
26.7(1) a maximum reimbursement amount for a group of therapeutically and
26.8pharmaceutically equivalent multiple-source drugs that are listed in the most recent edition
26.9of the Approved Drug Products with Therapeutic Equivalence Evaluations published by
26.10the United States Food and Drug Administration or that may be substituted in accordance
26.11with section 151.21; or
26.12(2) any similar reimbursement amount that is used by a pharmacy benefit manager to
26.13reimburse pharmacies for multiple-source drugs.
26.14    Subd. 12. Nationally available. "Nationally available" means that all pharmacies
26.15in Minnesota can purchase the drug, without limitation, from regional or national
26.16wholesalers, and that the product is not obsolete or temporarily unavailable.
26.17    Subd. 13. Pharmacy. "Pharmacy" has the meaning provided in section 151.01,
26.18subdivision 2.
26.19    Subd. 14. Pharmacy benefit manager. "Pharmacy benefit manager" means an
26.20entity that contracts with pharmacies on behalf of a health plan, state agency, health plan
26.21company, managed care organization, or other third-party payor to provide pharmacy
26.22benefit services or administration.
26.23    Subd. 15. Plan sponsor. "Plan sponsor" has the meaning provided in section
26.24151.61, subdivision 4.
26.25    Subd. 16. Specialty drug. "Specialty drug" means a prescription drug that requires
26.26special handling, special administration, unique inventory management, a high level of
26.27patient monitoring, or more intense patient support than conventional therapies. For
26.28purposes of medical assistance, specialty drug means specialty pharmacy products defined
26.29under section 256B.0625, subdivision 13e, paragraph (e).
26.30    Subd. 17. Therapeutically equivalent. "Therapeutically equivalent" means the
26.31drug is identified as therapeutically or pharmaceutically equivalent or "A" rated by the
26.32United States Food and Drug Administration or that may be substituted in accordance
26.33with section 151.21.

26.34    Sec. 5. [151.72] MAXIMUM ALLOWABLE COST PRICING.
27.1    Subdivision 1. Limits on use of maximum allowable cost pricing. (a) A pharmacy
27.2benefit manager may not place a prescription drug on a maximum allowable cost pricing
27.3index or create for a prescription drug a maximum allowable cost rate until after the
27.4six-month period of generic exclusivity, and only if the prescription drug has three or more
27.5nationally available and therapeutically equivalent drugs, including the brand product.
27.6(b) A pharmacy benefit manager shall remove a prescription drug from a maximum
27.7allowable cost pricing index, or eliminate the maximum allowable cost rate, if the criterion
27.8related to the number of nationally available and therapeutically equivalent drugs in
27.9paragraph (a) cannot be met due to changes in the national marketplace for prescription
27.10drugs. The removal of the drug or elimination of the rate must be made in a timely manner.
27.11    Subd. 2. Notice requirements for use of maximum allowable cost pricing. A
27.12pharmacy benefit manager shall disclose to a pharmacy with which it has contracted,
27.13through the term of the contract:
27.14(1) at the beginning of each calendar year, the basis of the methodology and
27.15the sources used to establish the maximum allowable cost pricing index or maximum
27.16allowable cost rates used by the pharmacy benefit manager; and
27.17(2) the maximum allowable cost pricing index or maximum allowable cost rates
27.18used by the pharmacy benefit manager, updated at least once every seven calendar days
27.19and provided in a readily accessible and searchable format that retains a record of index
27.20or rate changes and includes, at a minimum, the drug name, drug strength, dosage form,
27.21maximum allowable cost price, at least one national drug code for each product the
27.22maximum allowable cost price applies to, and a network identifier.
27.23    Subd. 3. Contesting a rate. A pharmacy benefit manager shall establish a written
27.24procedure by which a pharmacy may contest a maximum allowable cost pricing index or
27.25maximum allowable cost rate. The procedure established must require a pharmacy benefit
27.26manager to respond to a pharmacy that has contested a pricing index or rate within 15
27.27calendar days. If the pharmacy benefit manager changes the pricing index or rate, the
27.28change must:
27.29(1) become effective on the date on which the pharmacy initiated proceedings under
27.30this subdivision; and
27.31(2) apply to all pharmacies in the pharmacy network served by the pharmacy benefit
27.32manager.
27.33EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
27.34pharmacy benefit manager contracts with pharmacies and pharmacists entered into or
27.35renewed on or after that date.

28.1    Sec. 6. [151.73] SPECIALTY DRUGS.
28.2    Subdivision 1. Designation of specialty drugs. A pharmacy benefit manager may
28.3designate certain prescription drugs as specialty drugs on a formulary.
28.4    Subd. 2. Filling specialty drug prescriptions. If a pharmacy benefit manager
28.5designates certain prescription drugs as specialty drugs on the formulary, the pharmacy
28.6benefit manager shall allow a covered individual to fill a prescription for a specialty drug
28.7at any willing pharmacy, if the pharmacy or pharmacist:
28.8(1) has the specialty drug in inventory or has ready access to the specialty drug;
28.9(2) is capable of complying with any special handling, special administration,
28.10inventory management, patient monitoring, patient education and maintenance, and any
28.11other patient support requirements for the specialty drug; and
28.12(3) accepts the same rate that the pharmacy benefit manager applies to other
28.13pharmacies or pharmacists for filling a prescription for that specialty drug.
28.14EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
28.15pharmacy benefit manager contracts with pharmacies and pharmacists entered into or
28.16renewed on or after that date.

28.17    Sec. 7. [151.74] MAIL ORDER OR EXTENDED DAYS SUPPLY
28.18PRESCRIPTIONS.
28.19    Subdivision 1. Filling prescriptions. A pharmacy benefit manager that is under
28.20contract with, or under the control of, a plan sponsor shall permit a covered individual to
28.21fill a prescription at any pharmacy willing to meet the payment rate, terms, and conditions
28.22of the plan's mail order or extended days supply network.
28.23    Subd. 2. Cost-sharing. A pharmacy benefit manager may not impose cost-sharing
28.24or other requirements on a covered individual who elects to fill a prescription at a
28.25community/outpatient pharmacy or long-term care pharmacy that has accepted the terms
28.26and conditions of the plan's mail order or extended days supply network, that are different
28.27from the cost-sharing or other requirements that the pharmacy benefit manager imposes on
28.28a covered individual who elects to fill a prescription at any mail-order pharmacy.
28.29    Subd. 3. Pharmacy reimbursement. A pharmacy benefit manager shall use
28.30the same pricing benchmarks, indices, and formulas when reimbursing pharmacies
28.31under this section, regardless of whether the pharmacy is a mail-order pharmacy, a
28.32community/outpatient pharmacy, or a long-term care pharmacy.
29.1EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
29.2pharmacy benefit manager contracts with pharmacies, pharmacists, and plan sponsors
29.3entered into or renewed on or after that date.

29.4    Sec. 8. [151.75] APPLICABILITY.
29.5Sections 151.71 to 151.74 do not apply to the medical assistance and MinnesotaCare
29.6programs.

29.7    Sec. 9. Minnesota Statutes 2012, section 152.126, as amended by Laws 2013, chapter
29.8113, article 3, section 3, is amended to read:
29.9152.126 CONTROLLED SUBSTANCES PRESCRIPTION ELECTRONIC
29.10REPORTING SYSTEM PRESCRIPTION MONITORING PROGRAM.
29.11    Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in
29.12this subdivision have the meanings given.
29.13    (a) (b) "Board" means the Minnesota State Board of Pharmacy established under
29.14chapter 151.
29.15    (b) (c) "Controlled substances" means those substances listed in section 152.02,
29.16subdivisions 3 to 5 6, and those substances defined by the board pursuant to section
29.17152.02, subdivisions 7 , 8, and 12. For the purposes of this section, controlled substances
29.18includes tramadol and butalbital.
29.19    (c) (d) "Dispense" or "dispensing" has the meaning given in section 151.01,
29.20subdivision 30 . Dispensing does not include the direct administering of a controlled
29.21substance to a patient by a licensed health care professional.
29.22    (d) (e) "Dispenser" means a person authorized by law to dispense a controlled
29.23substance, pursuant to a valid prescription. For the purposes of this section, a dispenser does
29.24not include a licensed hospital pharmacy that distributes controlled substances for inpatient
29.25hospital care or a veterinarian who is dispensing prescriptions under section 156.18.
29.26    (e) (f) "Prescriber" means a licensed health care professional who is authorized to
29.27prescribe a controlled substance under section 152.12, subdivision 1 or 2.
29.28    (f) (g) "Prescription" has the meaning given in section 151.01, subdivision 16.
29.29    Subd. 1a. Treatment of intractable pain. This section is not intended to limit or
29.30interfere with the legitimate prescribing of controlled substances for pain. No prescriber
29.31shall be subject to disciplinary action by a health-related licensing board for prescribing a
29.32controlled substance according to the provisions of section 152.125.
30.1    Subd. 2. Prescription electronic reporting system. (a) The board shall establish
30.2by January 1, 2010, an electronic system for reporting the information required under
30.3subdivision 4 for all controlled substances dispensed within the state.
30.4    (b) The board may contract with a vendor for the purpose of obtaining technical
30.5assistance in the design, implementation, operation, and maintenance of the electronic
30.6reporting system.
30.7    Subd. 3. Prescription Electronic Reporting Monitoring Program Advisory
30.8Committee Task Force. (a) The board shall convene shall appoint an advisory committee.
30.9The committee must include task force consisting of at least one representative of:
30.10    (1) the Department of Health;
30.11    (2) the Department of Human Services;
30.12    (3) each health-related licensing board that licenses prescribers;
30.13    (4) a professional medical association, which may include an association of pain
30.14management and chemical dependency specialists;
30.15    (5) a professional pharmacy association;
30.16    (6) a professional nursing association;
30.17    (7) a professional dental association;
30.18    (8) a consumer privacy or security advocate; and
30.19    (9) a consumer or patient rights organization.
30.20    (b) The advisory committee task force shall advise the board on the development and
30.21operation of the electronic reporting system prescription monitoring program, including,
30.22but not limited to:
30.23    (1) technical standards for electronic prescription drug reporting;
30.24    (2) proper analysis and interpretation of prescription monitoring data; and
30.25    (3) an evaluation process for the program.
30.26(c) The task force is governed by section 15.059. Notwithstanding section 15.059,
30.27subdivision 5, the task force shall not expire.
30.28    Subd. 4. Reporting requirements; notice. (a) Each dispenser must submit the
30.29following data to the board or its designated vendor, subject to the notice required under
30.30paragraph (d):
30.31    (1) name of the prescriber;
30.32    (2) national provider identifier of the prescriber;
30.33    (3) name of the dispenser;
30.34    (4) national provider identifier of the dispenser;
30.35    (5) prescription number;
30.36    (6) name of the patient for whom the prescription was written;
31.1    (7) address of the patient for whom the prescription was written;
31.2    (8) date of birth of the patient for whom the prescription was written;
31.3    (9) date the prescription was written;
31.4    (10) date the prescription was filled;
31.5    (11) name and strength of the controlled substance;
31.6    (12) quantity of controlled substance prescribed;
31.7    (13) quantity of controlled substance dispensed; and
31.8    (14) number of days supply.
31.9    (b) The dispenser must submit the required information by a procedure and in a
31.10format established by the board. The board may allow dispensers to omit data listed in this
31.11subdivision or may require the submission of data not listed in this subdivision provided
31.12the omission or submission is necessary for the purpose of complying with the electronic
31.13reporting or data transmission standards of the American Society for Automation in
31.14Pharmacy, the National Council on Prescription Drug Programs, or other relevant national
31.15standard-setting body.
31.16    (c) A dispenser is not required to submit this data for those controlled substance
31.17prescriptions dispensed for:
31.18    (1) individuals residing in licensed skilled nursing or intermediate care facilities;
31.19    (2) individuals receiving assisted living services under chapter 144G or through a
31.20medical assistance home and community-based waiver;
31.21    (3) individuals receiving medication intravenously;
31.22    (4) individuals receiving hospice and other palliative or end-of-life care; and
31.23    (5) individuals receiving services from a home care provider regulated under chapter
31.24144A.
31.25    (1) individuals residing in a health care facility as defined in section 151.58,
31.26subdivision 2, paragraph (b), when a drug is distributed through the use of an automated
31.27drug distribution system according to section 151.58; and
31.28    (2) individuals receiving a drug sample that was packaged by a manufacturer and
31.29provided to the dispenser for dispensing as a professional sample pursuant to Code of
31.30Federal Regulations, title 21, section 203, subpart D.
31.31    (d) A dispenser must not submit data under this subdivision unless provide to the
31.32patient for whom the prescription was written a conspicuous notice of the reporting
31.33requirements of this section is given to the patient for whom the prescription was written
31.34 and notice that the information may be used for program administration purposes.
31.35    Subd. 5. Use of data by board. (a) The board shall develop and maintain a database
31.36of the data reported under subdivision 4. The board shall maintain data that could identify
32.1an individual prescriber or dispenser in encrypted form. Except as otherwise allowed
32.2under subdivision 6, the database may be used by permissible users identified under
32.3subdivision 6 for the identification of:
32.4    (1) individuals receiving prescriptions for controlled substances from prescribers
32.5who subsequently obtain controlled substances from dispensers in quantities or with a
32.6frequency inconsistent with generally recognized standards of use for those controlled
32.7substances, including standards accepted by national and international pain management
32.8associations; and
32.9    (2) individuals presenting forged or otherwise false or altered prescriptions for
32.10controlled substances to dispensers.
32.11    (b) No permissible user identified under subdivision 6 may access the database
32.12for the sole purpose of identifying prescribers of controlled substances for unusual or
32.13excessive prescribing patterns without a valid search warrant or court order.
32.14    (c) No personnel of a state or federal occupational licensing board or agency may
32.15access the database for the purpose of obtaining information to be used to initiate or
32.16substantiate a disciplinary action against a prescriber.
32.17    (d) Data reported under subdivision 4 shall be retained by the board in the database
32.18for a 12-month period, and shall be removed from the database no later than 12 months
32.19from the last day of the month during which the data was received. made available to
32.20permissible users for a 12-month period beginning the day the data was received and
32.21ending 12 months from the last day of the month in which the data was received, except
32.22that permissible users defined in subdivision 6, paragraph (b), clauses (5) and (6), may
32.23use all data collected under this section for the purposes of administering, operating,
32.24and maintaining the prescription monitoring program and conducting trend analyses
32.25and other studies necessary to evaluate the effectiveness of the program. Data retained
32.26beyond 12 months must be de-identified.
32.27(e) The board shall not retain data reported under subdivision 4 for a period longer
32.28than five years from the date the data was received.
32.29    Subd. 6. Access to reporting system data. (a) Except as indicated in this
32.30subdivision, the data submitted to the board under subdivision 4 is private data on
32.31individuals as defined in section 13.02, subdivision 12, and not subject to public disclosure.
32.32    (b) Except as specified in subdivision 5, the following persons shall be considered
32.33permissible users and may access the data submitted under subdivision 4 in the same or
32.34similar manner, and for the same or similar purposes, as those persons who are authorized
32.35to access similar private data on individuals under federal and state law:
33.1    (1) a prescriber or an agent or employee of the prescriber to whom the prescriber has
33.2delegated the task of accessing the data, to the extent the information relates specifically to
33.3a current patient, to whom the prescriber is:
33.4    (i) prescribing or considering prescribing any controlled substance;
33.5    (ii) providing emergency medical treatment for which access to the data may be
33.6necessary; or
33.7    (iii) providing other medical treatment for which access to the data may be necessary
33.8and the patient has consented to access to the submitted data, and with the provision that
33.9the prescriber remains responsible for the use or misuse of data accessed by a delegated
33.10agent or employee;
33.11    (2) a dispenser or an agent or employee of the dispenser to whom the dispenser has
33.12delegated the task of accessing the data, to the extent the information relates specifically
33.13to a current patient to whom that dispenser is dispensing or considering dispensing any
33.14controlled substance and with the provision that the dispenser remains responsible for the
33.15use or misuse of data accessed by a delegated agent or employee;
33.16    (3) an individual who is the recipient of a controlled substance prescription for
33.17which data was submitted under subdivision 4, or a guardian of the individual, parent or
33.18guardian of a minor, or health care agent of the individual acting under a health care
33.19directive under chapter 145C;
33.20    (4) personnel of the board specifically assigned to conduct a bona fide investigation
33.21of a specific licensee;
33.22    (5) personnel of the board engaged in the collection, review, and analysis
33.23 of controlled substance prescription information as part of the assigned duties and
33.24responsibilities under this section;
33.25    (6) authorized personnel of a vendor under contract with the board state of
33.26Minnesota who are engaged in the design, implementation, operation, and maintenance of
33.27the electronic reporting system prescription monitoring program as part of the assigned
33.28duties and responsibilities of their employment, provided that access to data is limited to
33.29the minimum amount necessary to carry out such duties and responsibilities, and subject
33.30to the requirement of de-identification and time limit on retention of data specified in
33.31subdivision 5, paragraphs (d) and (e);
33.32    (7) federal, state, and local law enforcement authorities acting pursuant to a valid
33.33search warrant;
33.34    (8) personnel of the medical assistance program Minnesota health care programs
33.35assigned to use the data collected under this section to identify recipients whose usage of
34.1controlled substances may warrant restriction to a single primary care physician provider,
34.2a single outpatient pharmacy, or and a single hospital; and
34.3(9) personnel of the Department of Human Services assigned to access the data
34.4pursuant to paragraph (h); and
34.5(10) personnel of the health professionals services program established under section
34.6214.31, to the extent that the information relates specifically to an individual who is
34.7currently enrolled in and being monitored by the program, and the individual consents to
34.8access to that information. The health professionals services program personnel shall not
34.9provide this data to a health-related licensing board or the Emergency Medical Services
34.10Regulatory Board, except as permitted under section 214.33, subdivision 3.
34.11    For purposes of clause (3) (4), access by an individual includes persons in the
34.12definition of an individual under section 13.02.
34.13    (c) Any A permissible user identified in paragraph (b), who clauses (1), (2), (5), (6),
34.14and (8) may directly accesses access the data electronically,. If the data is directly accessed
34.15electronically, the permissible user shall implement and maintain a comprehensive
34.16information security program that contains administrative, technical, and physical
34.17safeguards that are appropriate to the user's size and complexity, and the sensitivity of the
34.18personal information obtained. The permissible user shall identify reasonably foreseeable
34.19internal and external risks to the security, confidentiality, and integrity of personal
34.20information that could result in the unauthorized disclosure, misuse, or other compromise
34.21of the information and assess the sufficiency of any safeguards in place to control the risks.
34.22    (d) The board shall not release data submitted under this section subdivision 4 unless
34.23it is provided with evidence, satisfactory to the board, that the person requesting the
34.24information is entitled to receive the data.
34.25    (e) The board shall not release the name of a prescriber without the written consent
34.26of the prescriber or a valid search warrant or court order. The board shall provide a
34.27mechanism for a prescriber to submit to the board a signed consent authorizing the release
34.28of the prescriber's name when data containing the prescriber's name is requested.
34.29    (f) (e) The board shall maintain a log of all persons who access the data for a period
34.30of at least three years and shall ensure that any permissible user complies with paragraph
34.31(c) prior to attaining direct access to the data.
34.32(g) (f) Section 13.05, subdivision 6, shall apply to any contract the board enters into
34.33pursuant to subdivision 2. A vendor shall not use data collected under this section for
34.34any purpose not specified in this section.
34.35(g) The board may participate in an interstate prescription monitoring program data
34.36exchange system provided that permissible users in other states have access to the data
35.1only as allowed under this section, and that section 13.05, subdivision 6, applies to any
35.2contract or memorandum of understanding that the board enters into under this paragraph.
35.3(h) With available appropriations, the commissioner of human services shall
35.4establish and implement a system through which the Department of Human Services shall
35.5routinely access the data for the purpose of determining whether any client enrolled in
35.6an opioid treatment program licensed according to chapter 245A has been prescribed or
35.7dispensed a controlled substance in addition to that administered or dispensed by the
35.8opioid treatment program. When the commissioner determines there have been multiple
35.9prescribers or multiple prescriptions of controlled substances, the commissioner shall:
35.10(1) inform the medical director of the opioid treatment program only that the
35.11commissioner determined the existence of multiple prescribers or multiple prescriptions of
35.12controlled substances; and
35.13(2) direct the medical director of the opioid treatment program to access the data
35.14directly, review the effect of the multiple prescribers or multiple prescriptions, and
35.15document the review.
35.16If determined necessary, the commissioner of human services shall seek a federal waiver
35.17of, or exception to, any applicable provision of Code of Federal Regulations, title 42, part
35.182.34 , item (c), prior to implementing this paragraph.
35.19(i) The board may provide de-identified data submitted under subdivision 4 for public
35.20research, policy, or education purposes, that does not involve information that is likely to
35.21reveal the identity of the patient, prescriber, or dispenser who is the subject of the data.
35.22    Subd. 7. Disciplinary action. (a) A dispenser who knowingly fails to submit data to
35.23the board as required under this section is subject to disciplinary action by the appropriate
35.24health-related licensing board.
35.25    (b) A prescriber or dispenser authorized to access the data who knowingly discloses
35.26the data in violation of state or federal laws relating to the privacy of health care data
35.27shall be subject to disciplinary action by the appropriate health-related licensing board,
35.28and appropriate civil penalties.
35.29    Subd. 8. Evaluation and reporting. (a) The board shall evaluate the prescription
35.30electronic reporting system to determine if the system is negatively impacting appropriate
35.31prescribing practices of controlled substances. The board may contract with a vendor to
35.32design and conduct the evaluation.
35.33    (b) The board shall submit the evaluation of the system to the legislature by July
35.3415, 2011.
35.35    Subd. 9. Immunity from liability; no requirement to obtain information. (a) A
35.36pharmacist, prescriber, or other dispenser making a report to the program in good faith
36.1under this section is immune from any civil, criminal, or administrative liability, which
36.2might otherwise be incurred or imposed as a result of the report, or on the basis that the
36.3pharmacist or prescriber did or did not seek or obtain or use information from the program.
36.4    (b) Nothing in this section shall require a pharmacist, prescriber, or other dispenser
36.5to obtain information about a patient from the program, and the pharmacist, prescriber,
36.6or other dispenser, if acting in good faith, is immune from any civil, criminal, or
36.7administrative liability that might otherwise be incurred or imposed for requesting,
36.8receiving, or using information from the program.
36.9    Subd. 10. Funding. (a) The board may seek grants and private funds from nonprofit
36.10charitable foundations, the federal government, and other sources to fund the enhancement
36.11and ongoing operations of the prescription electronic reporting system monitoring
36.12program established under this section. Any funds received shall be appropriated to the
36.13board for this purpose. The board may not expend funds to enhance the program in a way
36.14that conflicts with this section without seeking approval from the legislature.
36.15(b) Notwithstanding any other section, the administrative services unit for the
36.16health-related licensing boards shall apportion between the Board of Medical Practice, the
36.17Board of Nursing, the Board of Dentistry, the Board of Podiatric Medicine, the Board of
36.18Optometry, the Board of Veterinary Medicine, and the Board of Pharmacy an amount to
36.19be paid through fees by each respective board. The amount apportioned to each board
36.20shall equal each board's share of the annual appropriation to the Board of Pharmacy
36.21from the state government special revenue fund for operating the prescription electronic
36.22reporting system monitoring program under this section. Each board's apportioned share
36.23shall be based on the number of prescribers or dispensers that each board identified in
36.24this paragraph licenses as a percentage of the total number of prescribers and dispensers
36.25licensed collectively by these boards. Each respective board may adjust the fees that the
36.26boards are required to collect to compensate for the amount apportioned to each board by
36.27the administrative services unit.

36.28    Sec. 10. [604A.04] GOOD SAMARITAN OVERDOSE PREVENTION.
36.29    Subdivision 1. Definitions; opiate antagonist. For purposes of this section, "opiate
36.30antagonist" means naloxone hydrochloride or any similarly acting drug approved by the
36.31federal Food and Drug Administration for the treatment of a drug overdose.
36.32    Subd. 2. Authority to possess and administer opiate antagonists; release from
36.33liability. (a) A person who is not a health care professional may possess or administer
36.34an opiate antagonist that is prescribed, dispensed, or distributed by a licensed health
36.35care professional pursuant to subdivision 3.
37.1(b) A person who is not a health care professional who acts in good faith in
37.2administering an opiate antagonist to another person whom the person believes in good
37.3faith to be suffering a drug overdose is immune from criminal prosecution for the act and
37.4is not liable for any civil damages for acts or omissions resulting from the act.
37.5    Subd. 3. Health care professionals; release from liability. A licensed health
37.6care professional who is permitted by law to prescribe an opiate antagonist, if acting
37.7in good faith, may directly or by standing order prescribe, dispense, distribute, or
37.8administer an opiate antagonist to a person without being subject to civil liability or
37.9criminal prosecution for the act. This immunity applies even when the opiate antagonist
37.10is eventually administered in either or both of the following instances: (1) by someone
37.11other than the person to whom it is prescribed; or (2) to someone other than the person
37.12to whom it is prescribed.
37.13EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
37.14actions arising from incidents occurring on or after that date.

37.15    Sec. 11. [631.205] SEEKING MEDICAL ASSISTANCE; MITIGATING
37.16FACTOR.
37.17The act of providing first aid to, or seeking medical assistance for, another person
37.18experiencing an alcohol or drug overdose may be considered as a mitigating factor in a
37.19related criminal prosecution against the actor under chapter 152 or 340A, in the event
37.20that immunity is not provided by the prosecutor. For purposes of this section, seeking
37.21medical assistance includes contacting a 911 operator, provided that the actor provides a
37.22name and contact information.

37.23    Sec. 12. CITATION.
37.24Sections 10 and 11 may be known and cited as "Steve's Law."

37.25    Sec. 13. STUDY REQUIRED; PRESCRIPTION MONITORING PROGRAM
37.26DATABASE.
37.27The Board of Pharmacy, in collaboration with the Prescription Monitoring Program
37.28Advisory Task Force, shall report to the chairs and ranking minority members of the house
37.29of representatives and senate committees and divisions with jurisdiction over health and
37.30human services policy and finance, by December 15, 2014, with:
37.31(1) recommendations on whether or not to require the use of the prescription
37.32monitoring program database by prescribers when prescribing or considering prescribing,
38.1and pharmacists when dispensing or considering dispensing, a controlled substance as
38.2defined in Minnesota Statutes, section 152.126, subdivision 1, paragraph (c);
38.3(2) an analysis of the impact of the prescription monitoring program on rates of
38.4chemical abuse and prescription drug abuse; and
38.5(3) recommendations on approaches to encourage access to appropriate treatment
38.6for prescription drug abuse, through the prescription monitoring program.


38.9    Section 1. Minnesota Statutes 2012, section 245A.03, subdivision 6a, is amended to
38.10read:
38.11    Subd. 6a. Adult foster care homes serving people with mental illness;
38.12certification. (a) The commissioner of human services shall issue a mental health
38.13certification for adult foster care homes licensed under this chapter and Minnesota Rules,
38.14parts 9555.5105 to 9555.6265, that serve people with a primary diagnosis of mental
38.15illness where the home is not the primary residence of the license holder when a provider
38.16is determined to have met the requirements under paragraph (b). This certification is
38.17voluntary for license holders. The certification shall be printed on the license, and
38.18identified on the commissioner's public Web site.
38.19(b) The requirements for certification are:
38.20(1) all staff working in the adult foster care home have received at least seven hours
38.21of annual training under paragraph (c) covering all of the following topics:
38.22(i) mental health diagnoses;
38.23(ii) mental health crisis response and de-escalation techniques;
38.24(iii) recovery from mental illness;
38.25(iv) treatment options including evidence-based practices;
38.26(v) medications and their side effects;
38.27(vi) suicide intervention, identifying suicide warning signs, and appropriate
38.28responses;
38.29(vii) co-occurring substance abuse and health conditions; and
38.30(vii) (viii) community resources;
38.31(2) a mental health professional, as defined in section 245.462, subdivision 18, or
38.32a mental health practitioner as defined in section 245.462, subdivision 17, are available
38.33for consultation and assistance;
38.34(3) there is a plan and protocol in place to address a mental health crisis; and
39.1(4) there is a crisis plan for each individual's Individual Placement Agreement
39.2 individual that identifies who is providing clinical services and their contact information,
39.3and includes an individual crisis prevention and management plan developed with the
39.4individual.
39.5(c) The training curriculum must be approved by the commissioner of human
39.6services and must include a testing component after training is completed. Training must
39.7be provided by a mental health professional or a mental health practitioner. Training
39.8may also be provided by an individual living with a mental illness or a family member
39.9of such an individual, who is from a nonprofit organization approved by the Department
39.10of Human Services to deliver mental health training. Staff must receive three hours of
39.11training in the areas specified in paragraph (b), clause (1), items (i) and (ii), prior to
39.12working alone with residents. The remaining hours of mandatory training, including a
39.13review of the information in paragraph (b), clause (1), item (ii), must be completed within
39.14six months of the hire date. For programs licensed under chapter 245D, training under this
39.15chapter may be incorporated into the 30 hours of staff orientation training required under
39.16section 245D.09, subdivision 4.
39.17(c) (d) License holders seeking certification under this subdivision must request
39.18this certification on forms provided by the commissioner and must submit the request to
39.19the county licensing agency in which the home is located. The county licensing agency
39.20must forward the request to the commissioner with a county recommendation regarding
39.21whether the commissioner should issue the certification.
39.22(d) (e) Ongoing compliance with the certification requirements under paragraph (b)
39.23shall be reviewed by the county licensing agency at each licensing review. When a county
39.24licensing agency determines that the requirements of paragraph (b) are not met, the county
39.25shall inform the commissioner, and the commissioner will remove the certification.
39.26(e) (f) A denial of the certification or the removal of the certification based on a
39.27determination that the requirements under paragraph (b) have not been met by the adult
39.28foster care license holder are not subject to appeal. A license holder that has been denied a
39.29certification or that has had a certification removed may again request certification when
39.30the license holder is in compliance with the requirements of paragraph (b).

39.31    Sec. 2. Minnesota Statutes 2012, section 253B.092, subdivision 2, is amended to read:
39.32    Subd. 2. Administration without judicial review. Neuroleptic medications may be
39.33administered without judicial review in the following circumstances:
39.34(1) the patient has the capacity to make an informed decision under subdivision 4;
40.1(2) the patient does not have the present capacity to consent to the administration
40.2of neuroleptic medication, but prepared a health care directive under chapter 145C or a
40.3declaration under section 253B.03, subdivision 6d, requesting treatment or authorizing an
40.4agent or proxy to request treatment, and the agent or proxy has requested the treatment;
40.5(3) the patient has been prescribed neuroleptic medication but lacks the capacity
40.6to consent to the administration of that neuroleptic medication upon admission to the
40.7treatment facility; continued administration of the medication is in the patient's best
40.8interest; and the patient does not refuse administration of the medication. In this situation,
40.9the previously prescribed neuroleptic medication may be continued for up to 14 days
40.10while the treating physician:
40.11(i) is obtaining a substitute decision-maker appointed by the court under subdivision
40.126; or
40.13(ii) is requesting an amendment to a current court order authorizing administration
40.14of neuroleptic medication;
40.15(4) a substitute decision-maker appointed by the court consents to the administration
40.16of the neuroleptic medication and the patient does not refuse administration of the
40.17medication; or
40.18(4) (5) the substitute decision-maker does not consent or the patient is refusing
40.19medication, and the patient is in an emergency situation.

40.20    Sec. 3. Minnesota Statutes 2013 Supplement, section 254A.035, subdivision 2, is
40.21amended to read:
40.22    Subd. 2. Membership terms, compensation, removal and expiration. The
40.23membership of this council shall be composed of 17 persons who are American Indians
40.24and who are appointed by the commissioner. The commissioner shall appoint one
40.25representative from each of the following groups: Red Lake Band of Chippewa Indians;
40.26Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
40.27Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
40.28Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
40.29Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
40.30Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
40.31Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
40.32and two representatives from the Minneapolis Urban Indian Community and two from the
40.33St. Paul Urban Indian Community. The terms, compensation, and removal of American
40.34Indian Advisory Council members shall be as provided in section 15.059. Notwithstanding
40.35section 15.059, subdivision 5, the council expires June 30, 2014 does not expire.
41.1EFFECTIVE DATE.This section is effective the day following final enactment.

41.2    Sec. 4. Minnesota Statutes 2013 Supplement, section 254A.04, is amended to read:
41.3254A.04 CITIZENS ADVISORY COUNCIL.
41.4There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
41.5advise the Department of Human Services concerning the problems of alcohol and
41.6other drug dependency and abuse, composed of ten members. Five members shall be
41.7individuals whose interests or training are in the field of alcohol dependency and abuse;
41.8and five members whose interests or training are in the field of dependency and abuse of
41.9drugs other than alcohol. The terms, compensation and removal of members shall be as
41.10provided in section 15.059. Notwithstanding section 15.059, subdivision 5, the council
41.11expires June 30, 2014 does not expire. The commissioner of human services shall appoint
41.12members whose terms end in even-numbered years. The commissioner of health shall
41.13appoint members whose terms end in odd-numbered years.
41.14EFFECTIVE DATE.This section is effective the day following final enactment.

41.15    Sec. 5. Minnesota Statutes 2012, section 254B.01, is amended by adding a subdivision
41.16to read:
41.17    Subd. 8. Culturally specific program. (a) "Culturally specific program" means a
41.18substance use disorder treatment service program that is recovery-focused and culturally
41.19specific when the program:
41.20(1) improves service quality to and outcomes of a specific population by advancing
41.21health equity to help eliminate health disparities; and
41.22(2) ensures effective, equitable, comprehensive, and respectful quality care services
41.23that are responsive to an individual within a specific population's values, beliefs and
41.24practices, health literacy, preferred language, and other communication needs.
41.25(b) A tribally licensed substance use disorder program that is designated as serving
41.26a culturally specific population by the applicable tribal government is deemed to satisfy
41.27this subdivision.

41.28    Sec. 6. Minnesota Statutes 2012, section 254B.05, subdivision 5, is amended to read:
41.29    Subd. 5. Rate requirements. (a) The commissioner shall establish rates for
41.30chemical dependency services and service enhancements funded under this chapter.
41.31(b) Eligible chemical dependency treatment services include:
42.1(1) outpatient treatment services that are licensed according to Minnesota Rules,
42.2parts 9530.6405 to 9530.6480, or applicable tribal license;
42.3(2) medication-assisted therapy services that are licensed according to Minnesota
42.4Rules, parts 9530.6405 to 9530.6480 and 9530.6500, or applicable tribal license;
42.5(3) medication-assisted therapy plus enhanced treatment services that meet the
42.6requirements of clause (2) and provide nine hours of clinical services each week;
42.7(4) high, medium, and low intensity residential treatment services that are licensed
42.8according to Minnesota Rules, parts 9530.6405 to 9530.6480 and 9530.6505, or applicable
42.9tribal license which provide, respectively, 30, 15, and five hours of clinical services each
42.10week;
42.11(5) hospital-based treatment services that are licensed according to Minnesota Rules,
42.12parts 9530.6405 to 9530.6480, or applicable tribal license and licensed as a hospital under
42.13sections 144.50 to 144.56;
42.14(6) adolescent treatment programs that are licensed as outpatient treatment programs
42.15according to Minnesota Rules, parts 9530.6405 to 9530.6485, or as residential treatment
42.16programs according to Minnesota Rules, chapter 2960, or applicable tribal license; and
42.17(7) room and board facilities that meet the requirements of section 254B.05,
42.18subdivision 1a.
42.19(c) The commissioner shall establish higher rates for programs that meet the
42.20requirements of paragraph (b) and the following additional requirements:
42.21(1) programs that serve parents with their children if the program meets the
42.22additional licensing requirement in Minnesota Rules, part 9530.6490, and provides child
42.23care that meets the requirements of section 245A.03, subdivision 2, during hours of
42.24treatment activity;
42.25(2) culturally specific programs serving special populations as defined in section
42.26254B.01, subdivision 8, if the program meets the requirements in Minnesota Rules, part
42.279530.6605, subpart 13;
42.28(3) programs that offer medical services delivered by appropriately credentialed
42.29health care staff in an amount equal to two hours per client per week; and
42.30(4) programs that offer services to individuals with co-occurring mental health and
42.31chemical dependency problems if:
42.32(i) the program meets the co-occurring requirements in Minnesota Rules, part
42.339530.6495;
42.34(ii) 25 percent of the counseling staff are mental health professionals, as defined in
42.35section 245.462, subdivision 18, clauses (1) to (6), or are students or licensing candidates
42.36under the supervision of a licensed alcohol and drug counselor supervisor and licensed
43.1mental health professional, except that no more than 50 percent of the mental health staff
43.2may be students or licensing candidates;
43.3(iii) clients scoring positive on a standardized mental health screen receive a mental
43.4health diagnostic assessment within ten days of admission;
43.5(iv) the program has standards for multidisciplinary case review that include a
43.6monthly review for each client;
43.7(v) family education is offered that addresses mental health and substance abuse
43.8disorders and the interaction between the two; and
43.9(vi) co-occurring counseling staff will receive eight hours of co-occurring disorder
43.10training annually.
43.11(d) Adolescent residential programs that meet the requirements of Minnesota Rules,
43.12parts 2960.0580 to 2960.0700, are exempt from the requirements in paragraph (c), clause
43.13(4), items (i) to (iv).

43.14    Sec. 7. Minnesota Statutes 2013 Supplement, section 260.835, subdivision 2, is
43.15amended to read:
43.16    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American
43.17Indian Child Welfare Advisory Council expires June 30, 2014 does not expire.
43.18EFFECTIVE DATE.This section is effective the day following final enactment.

43.19    Sec. 8. PILOT PROGRAM; NOTICE AND INFORMATION TO
43.20COMMISSIONER OF HUMAN SERVICES REGARDING PATIENTS
43.21COMMITTED TO COMMISSIONER.
43.22The commissioner of human services may create a pilot program that is designed to
43.23respond to issues that were raised in the February 2013 Office of the Legislative Auditor
43.24report on state-operated services. The pilot program may include no more than three
43.25counties to test the efficacy of providing notice and information to the commissioner prior
43.26to or when a petition is filed to commit a patient exclusively to the commissioner. The
43.27commissioner shall provide a status update to the chairs and ranking minority members of
43.28the legislative committees with jurisdiction over civil commitment and human services
43.29issues, no later than January 15, 2015.


43.32    Section 1. Minnesota Statutes 2012, section 148.01, subdivision 1, is amended to read:
43.33    Subdivision 1. Definitions. For the purposes of sections 148.01 to 148.10:
44.1    (1) "chiropractic" is defined as the science of adjusting any abnormal articulations
44.2of the human body, especially those of the spinal column, for the purpose of giving
44.3freedom of action to impinged nerves that may cause pain or deranged function; and
44.4 means the health care discipline that recognizes the innate recuperative power of the body
44.5to heal itself without the use of drugs or surgery by identifying and caring for vertebral
44.6subluxations and other abnormal articulations by emphasizing the relationship between
44.7structure and function as coordinated by the nervous system and how that relationship
44.8affects the preservation and restoration of health;
44.9    (2) "chiropractic services" means the evaluation and facilitation of structural,
44.10biomechanical, and neurological function and integrity through the use of adjustment,
44.11manipulation, mobilization, or other procedures accomplished by manual or mechanical
44.12forces applied to bones or joints and their related soft tissues for correction of vertebral
44.13subluxation, other abnormal articulations, neurological disturbances, structural alterations,
44.14or biomechanical alterations, and includes, but is not limited to, manual therapy and
44.15mechanical therapy as defined in section 146.23;
44.16    (3) "abnormal articulation" means the condition of opposing bony joint surfaces and
44.17their related soft tissues that do not function normally, including subluxation, fixation,
44.18adhesion, degeneration, deformity, dislocation, or other pathology that results in pain or
44.19disturbances within the nervous system, results in postural alteration, inhibits motion,
44.20allows excessive motion, alters direction of motion, or results in loss of axial loading
44.21efficiency, or a combination of these;
44.22    (4) "diagnosis" means the physical, clinical, and laboratory examination of the
44.23patient, and the use of diagnostic services for diagnostic purposes within the scope of the
44.24practice of chiropractic described in sections 148.01 to 148.10;
44.25    (5) "diagnostic services" means clinical, physical, laboratory, and other diagnostic
44.26measures, including diagnostic imaging that may be necessary to determine the presence
44.27or absence of a condition, deficiency, deformity, abnormality, or disease as a basis for
44.28evaluation of a health concern, diagnosis, differential diagnosis, treatment, further
44.29examination, or referral;
44.30    (6) "therapeutic services" means rehabilitative therapy as defined in Minnesota
44.31Rules, part 2500.0100, subpart 11, and all of the therapeutic, rehabilitative, and preventive
44.32sciences and procedures for which the licensee was subject to examination under section
44.33148.06. When provided, therapeutic services must be performed within a practice
44.34where the primary focus is the provision of chiropractic services, to prepare the patient
44.35for chiropractic services, or to complement the provision of chiropractic services. The
45.1administration of therapeutic services is the responsibility of the treating chiropractor and
45.2must be rendered under the direct supervision of qualified staff;
45.3    (7) "acupuncture" means a modality of treating abnormal physical conditions
45.4by stimulating various points of the body or interruption of the cutaneous integrity
45.5by needle insertion to secure a reflex relief of the symptoms by nerve stimulation as
45.6utilized as an adjunct to chiropractic adjustment. Acupuncture may not be used as an
45.7independent therapy or separately from chiropractic services. Acupuncture is permitted
45.8under section 148.01 only after registration with the board which requires completion
45.9of a board-approved course of study and successful completion of a board-approved
45.10national examination on acupuncture. Renewal of registration shall require completion of
45.11board-approved continuing education requirements in acupuncture. The restrictions of
45.12section 147B.02, subdivision 2, apply to individuals registered to perform acupuncture
45.13under this section; and
45.14    (2) (8) "animal chiropractic diagnosis and treatment" means treatment that includes
45.15identifying and resolving vertebral subluxation complexes, spinal manipulation, and
45.16manipulation of the extremity articulations of nonhuman vertebrates. Animal chiropractic
45.17diagnosis and treatment does not include:
45.18    (i) performing surgery;
45.19    (ii) dispensing or administering of medications; or
45.20    (iii) performing traditional veterinary care and diagnosis.

45.21    Sec. 2. Minnesota Statutes 2012, section 148.01, subdivision 2, is amended to read:
45.22    Subd. 2. Exclusions. The practice of chiropractic is not the practice of medicine,
45.23surgery, or osteopathy, or physical therapy.

45.24    Sec. 3. Minnesota Statutes 2012, section 148.01, is amended by adding a subdivision
45.25to read:
45.26    Subd. 4. Practice of chiropractic. An individual licensed to practice under section
45.27148.06 is authorized to perform chiropractic services, acupuncture, therapeutic services,
45.28and to provide diagnosis and to render opinions pertaining to those services for the
45.29purpose of determining a course of action in the best interests of the patient, such as a
45.30treatment plan, appropriate referral, or both.

45.31    Sec. 4. Minnesota Statutes 2012, section 148.105, subdivision 1, is amended to read:
45.32    Subdivision 1. Generally. Any person who practices, or attempts to practice,
45.33chiropractic or who uses any of the terms or letters "Doctors of Chiropractic,"
46.1"Chiropractor," "DC," or any other title or letters under any circumstances as to lead
46.2the public to believe that the person who so uses the terms is engaged in the practice of
46.3chiropractic, without having complied with the provisions of sections 148.01 to 148.104, is
46.4guilty of a gross misdemeanor; and, upon conviction, fined not less than $1,000 nor more
46.5than $10,000 or be imprisoned in the county jail for not less than 30 days nor more than
46.6six months or punished by both fine and imprisonment, in the discretion of the court. It is
46.7the duty of the county attorney of the county in which the person practices to prosecute.
46.8Nothing in sections 148.01 to 148.105 shall be considered as interfering with any person:
46.9(1) licensed by a health-related licensing board, as defined in section 214.01,
46.10subdivision 2 , including psychological practitioners with respect to the use of hypnosis;
46.11(2) registered or licensed by the commissioner of health under section 214.13; or
46.12(3) engaged in other methods of healing regulated by law in the state of Minnesota;
46.13provided that the person confines activities within the scope of the license or other
46.14regulation and does not practice or attempt to practice chiropractic.

46.15    Sec. 5. Minnesota Statutes 2012, section 148.6402, subdivision 17, is amended to read:
46.16    Subd. 17. Physical agent modalities. "Physical agent modalities" mean modalities
46.17that use the properties of light, water, temperature, sound, or electricity to produce a
46.18response in soft tissue. The physical agent modalities referred to in sections 148.6404
46.19 and 148.6440 are superficial physical agent modalities, electrical stimulation devices,
46.20and ultrasound.
46.21EFFECTIVE DATE.This section is effective the day following final enactment.

46.22    Sec. 6. Minnesota Statutes 2012, section 148.6404, is amended to read:
46.23148.6404 SCOPE OF PRACTICE.
46.24The practice of occupational therapy by an occupational therapist or occupational
46.25therapy assistant includes, but is not limited to, intervention directed toward:
46.26(1) assessment and evaluation, including the use of skilled observation or
46.27the administration and interpretation of standardized or nonstandardized tests and
46.28measurements, to identify areas for occupational therapy services;
46.29(2) providing for the development of sensory integrative, neuromuscular, or motor
46.30components of performance;
46.31(3) providing for the development of emotional, motivational, cognitive, or
46.32psychosocial components of performance;
46.33(4) developing daily living skills;
47.1(5) developing feeding and swallowing skills;
47.2(6) developing play skills and leisure capacities;
47.3(7) enhancing educational performance skills;
47.4(8) enhancing functional performance and work readiness through exercise, range of
47.5motion, and use of ergonomic principles;
47.6(9) designing, fabricating, or applying rehabilitative technology, such as selected
47.7orthotic and prosthetic devices, and providing training in the functional use of these devices;
47.8(10) designing, fabricating, or adapting assistive technology and providing training
47.9in the functional use of assistive devices;
47.10(11) adapting environments using assistive technology such as environmental
47.11controls, wheelchair modifications, and positioning;
47.12(12) employing physical agent modalities, in preparation for or as an adjunct to
47.13purposeful activity, within the same treatment session or to meet established functional
47.14occupational therapy goals, consistent with the requirements of section 148.6440; and
47.15(13) promoting health and wellness.
47.16EFFECTIVE DATE.This section is effective the day following final enactment.

47.17    Sec. 7. Minnesota Statutes 2012, section 148.6430, is amended to read:
47.18148.6430 DELEGATION OF DUTIES; ASSIGNMENT OF TASKS.
47.19The occupational therapist is responsible for all duties delegated to the occupational
47.20therapy assistant or tasks assigned to direct service personnel. The occupational therapist
47.21may delegate to an occupational therapy assistant those portions of a client's evaluation,
47.22reevaluation, and treatment that, according to prevailing practice standards of the
47.23American Occupational Therapy Association, can be performed by an occupational
47.24therapy assistant. The occupational therapist may not delegate portions of an evaluation or
47.25reevaluation of a person whose condition is changing rapidly. Delegation of duties related
47.26to use of physical agent modalities to occupational therapy assistants is governed by
47.27section 148.6440, subdivision 6.
47.28EFFECTIVE DATE.This section is effective the day following final enactment.

47.29    Sec. 8. Minnesota Statutes 2012, section 148.6432, subdivision 1, is amended to read:
47.30    Subdivision 1. Applicability. If the professional standards identified in section
47.31148.6430 permit an occupational therapist to delegate an evaluation, reevaluation, or
47.32treatment procedure, the occupational therapist must provide supervision consistent
48.1with this section. Supervision of occupational therapy assistants using physical agent
48.2modalities is governed by section 148.6440, subdivision 6.
48.3EFFECTIVE DATE.This section is effective the day following final enactment.

48.4    Sec. 9. Minnesota Statutes 2012, section 148.7802, subdivision 3, is amended to read:
48.5    Subd. 3. Approved education program. "Approved education program" means
48.6a university, college, or other postsecondary education program of athletic training
48.7that, at the time the student completes the program, is approved or accredited by the
48.8National Athletic Trainers Association Professional Education Committee, the National
48.9Athletic Trainers Association Board of Certification, or the Joint Review Committee on
48.10Educational Programs in Athletic Training in collaboration with the American Academy
48.11of Family Physicians, the American Academy of Pediatrics, the American Medical
48.12Association, and the National Athletic Trainers Association a nationally recognized
48.13accreditation agency for athletic training education programs approved by the board.

48.14    Sec. 10. Minnesota Statutes 2012, section 148.7802, subdivision 9, is amended to read:
48.15    Subd. 9. Credentialing examination. "Credentialing examination" means an
48.16examination administered by the National Athletic Trainers Association Board of
48.17Certification, or the board's recognized successor, for credentialing as an athletic trainer,
48.18or an examination for credentialing offered by a national testing service that is approved
48.19by the board.

48.20    Sec. 11. Minnesota Statutes 2012, section 148.7803, subdivision 1, is amended to read:
48.21    Subdivision 1. Designation. A person shall not use in connection with the person's
48.22name the words or letters registered athletic trainer; licensed athletic trainer; Minnesota
48.23registered athletic trainer; athletic trainer; AT; ATR; or any words, letters, abbreviations,
48.24or insignia indicating or implying that the person is an athletic trainer, without a certificate
48.25of registration as an athletic trainer issued under sections 148.7808 to 148.7810. A student
48.26attending a college or university athletic training program must be identified as a "student
48.27athletic trainer." an "athletic training student."

48.28    Sec. 12. Minnesota Statutes 2012, section 148.7805, subdivision 1, is amended to read:
48.29    Subdivision 1. Creation; Membership. The Athletic Trainers Advisory Council
48.30is created and is composed of eight members appointed by the board. The advisory
48.31council consists of:
48.32(1) two public members as defined in section 214.02;
49.1(2) three members who, except for initial appointees, are registered athletic trainers,
49.2one being both a licensed physical therapist and registered athletic trainer as submitted by
49.3the Minnesota American Physical Therapy Association;
49.4(3) two members who are medical physicians licensed by the state and have
49.5experience with athletic training and sports medicine; and
49.6(4) one member who is a doctor of chiropractic licensed by the state and has
49.7experience with athletic training and sports injuries.

49.8    Sec. 13. Minnesota Statutes 2012, section 148.7808, subdivision 1, is amended to read:
49.9    Subdivision 1. Registration. The board may issue a certificate of registration as an
49.10athletic trainer to applicants who meet the requirements under this section. An applicant
49.11for registration as an athletic trainer shall pay a fee under section 148.7815 and file a
49.12written application on a form, provided by the board, that includes:
49.13(1) the applicant's name, Social Security number, home address and telephone
49.14number, business address and telephone number, and business setting;
49.15(2) evidence satisfactory to the board of the successful completion of an education
49.16program approved by the board;
49.17(3) educational background;
49.18(4) proof of a baccalaureate or master's degree from an accredited college or
49.19university;
49.20(5) credentials held in other jurisdictions;
49.21(6) a description of any other jurisdiction's refusal to credential the applicant;
49.22(7) a description of all professional disciplinary actions initiated against the applicant
49.23in any other jurisdiction;
49.24(8) any history of drug or alcohol abuse, and any misdemeanor or felony conviction;
49.25(9) evidence satisfactory to the board of a qualifying score on a credentialing
49.26examination within one year of the application for registration;
49.27(10) additional information as requested by the board;
49.28(11) the applicant's signature on a statement that the information in the application is
49.29true and correct to the best of the applicant's knowledge and belief; and
49.30(12) the applicant's signature on a waiver authorizing the board to obtain access to
49.31the applicant's records in this state or any other state in which the applicant has completed
49.32an education program approved by the board or engaged in the practice of athletic training.

49.33    Sec. 14. Minnesota Statutes 2012, section 148.7808, subdivision 4, is amended to read:
50.1    Subd. 4. Temporary registration. (a) The board may issue a temporary registration
50.2as an athletic trainer to qualified applicants. A temporary registration is issued for
50.3one year 120 days. An athletic trainer with a temporary registration may qualify for
50.4full registration after submission of verified documentation that the athletic trainer has
50.5achieved a qualifying score on a credentialing examination within one year 120 days after
50.6the date of the temporary registration. A temporary registration may not be renewed.
50.7(b) Except as provided in subdivision 3, paragraph (a), clause (1), an applicant for
50.8a temporary registration must submit the application materials and fees for registration
50.9required under subdivision 1, clauses (1) to (8) and (10) to (12).
50.10(c) An athletic trainer with a temporary registration shall work only under the
50.11direct supervision of an athletic trainer registered under this section. No more than four
50.12 two athletic trainers with temporary registrations shall work under the direction of a
50.13registered athletic trainer.

50.14    Sec. 15. Minnesota Statutes 2012, section 148.7812, subdivision 2, is amended to read:
50.15    Subd. 2. Approved programs. The board shall approve a continuing education
50.16program that has been approved for continuing education credit by the National Athletic
50.17Trainers Association Board of Certification, or the board's recognized successor.

50.18    Sec. 16. Minnesota Statutes 2012, section 148.7813, is amended by adding a
50.19subdivision to read:
50.20    Subd. 5. Discipline; reporting. For the purposes of this chapter, registered athletic
50.21trainers and applicants are subject to sections 147.091 to 147.162.

50.22    Sec. 17. Minnesota Statutes 2012, section 148.7814, is amended to read:
50.23148.7814 APPLICABILITY.
50.24Sections 148.7801 to 148.7815 do not apply to persons who are certified as athletic
50.25trainers by the National Athletic Trainers Association Board of Certification or the board's
50.26recognized successor and come into Minnesota for a specific athletic event or series of
50.27athletic events with an individual or group.

50.28    Sec. 18. Minnesota Statutes 2012, section 148.995, subdivision 2, is amended to read:
50.29    Subd. 2. Certified doula. "Certified doula" means an individual who has received
50.30a certification to perform doula services from the International Childbirth Education
50.31Association, the Doulas of North America (DONA), the Association of Labor Assistants
50.32and Childbirth Educators (ALACE), the Birthworks, the Childbirth and Postpartum
51.1Professional Association (CAPPA), the Childbirth International, or the International
51.2Center for Traditional Childbearing, or the Birth Place/Common Childbirth, Inc.

51.3    Sec. 19. Minnesota Statutes 2012, section 148B.5301, subdivision 2, is amended to read:
51.4    Subd. 2. Supervision. (a) To qualify as a LPCC, an applicant must have completed
51.54,000 hours of post-master's degree supervised professional practice in the delivery
51.6of clinical services in the diagnosis and treatment of mental illnesses and disorders in
51.7both children and adults. The supervised practice shall be conducted according to the
51.8requirements in paragraphs (b) to (e).
51.9    (b) The supervision must have been received under a contract that defines clinical
51.10practice and supervision from a mental health professional as defined in section 245.462,
51.11subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6), or by a
51.12board-approved supervisor, who has at least two years of postlicensure experience in the
51.13delivery of clinical services in the diagnosis and treatment of mental illnesses and disorders.
51.14 All supervisors must meet the supervisor requirements in Minnesota Rules, part 2150.5010.
51.15    (c) The supervision must be obtained at the rate of two hours of supervision per 40
51.16hours of professional practice. The supervision must be evenly distributed over the course
51.17of the supervised professional practice. At least 75 percent of the required supervision
51.18hours must be received in person. The remaining 25 percent of the required hours may be
51.19received by telephone or by audio or audiovisual electronic device. At least 50 percent of
51.20the required hours of supervision must be received on an individual basis. The remaining
51.2150 percent may be received in a group setting.
51.22    (d) The supervised practice must include at least 1,800 hours of clinical client contact.
51.23    (e) The supervised practice must be clinical practice. Supervision includes the
51.24observation by the supervisor of the successful application of professional counseling
51.25knowledge, skills, and values in the differential diagnosis and treatment of psychosocial
51.26function, disability, or impairment, including addictions and emotional, mental, and
51.27behavioral disorders.

51.28    Sec. 20. Minnesota Statutes 2012, section 148B.5301, subdivision 4, is amended to read:
51.29    Subd. 4. Conversion to licensed professional clinical counselor after August 1,
51.302014. After August 1, 2014, an individual licensed in the state of Minnesota as a licensed
51.31professional counselor may convert to a LPCC by providing evidence satisfactory to the
51.32board that the applicant has met the requirements of subdivisions 1 and 2, subject to
51.33the following:
51.34    (1) the individual's license must be active and in good standing;
52.1    (2) the individual must not have any complaints pending, uncompleted disciplinary
52.2orders, or corrective action agreements; and
52.3    (3) the individual has paid the LPCC application and licensure fees required in
52.4section 148B.53, subdivision 3. (a) After August 1, 2014, an individual currently licensed
52.5in the state of Minnesota as a licensed professional counselor may convert to a LPCC by
52.6providing evidence satisfactory to the board that the applicant has met the following
52.7requirements:
52.8    (1) is at least 18 years of age;
52.9    (2) is of good moral character;
52.10    (3) has a license that is active and in good standing;
52.11    (4) has no complaints pending, uncompleted disciplinary order, or corrective action
52.12agreements;
52.13    (5) has completed a master's or doctoral degree program in counseling or a related
52.14field, as determined by the board, and whose degree was from a counseling program
52.15recognized by CACREP or from an institution of higher education that is accredited by a
52.16regional accrediting organization recognized by CHEA;
52.17    (6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
52.18clinical coursework which includes content in the following clinical areas:
52.19    (i) diagnostic assessment for child or adult mental disorders; normative development;
52.20and psychopathology, including developmental psychopathology;
52.21    (ii) clinical treatment planning with measurable goals;
52.22    (iii) clinical intervention methods informed by research evidence and community
52.23standards of practice;
52.24    (iv) evaluation methodologies regarding the effectiveness of interventions;
52.25    (v) professional ethics applied to clinical practice; and
52.26    (vi) cultural diversity;
52.27    (7) has demonstrated competence in professional counseling by passing the National
52.28Clinical Mental Health Counseling Examination (NCMHCE), administered by the
52.29National Board for Certified Counselors, Inc. (NBCC), and ethical, oral, and situational
52.30examinations as prescribed by the board;
52.31    (8) has demonstrated, to the satisfaction of the board, successful completion of 4,000
52.32hours of supervised, post-master's degree professional practice in the delivery of clinical
52.33services in the diagnosis and treatment of child and adult mental illnesses and disorders,
52.34which includes 1,800 direct client contact hours. A licensed professional counselor
52.35who has completed 2,000 hours of supervised post-master's degree clinical professional
52.36practice and who has independent practice status need only document 2,000 additional
53.1hours of supervised post-master's degree clinical professional practice, which includes 900
53.2direct client contact hours; and
53.3    (9) has paid the LPCC application and licensure fees required in section 148B.53,
53.4subdivision 3.
53.5    (b) If the coursework in paragraph (a) was not completed as part of the degree
53.6program required by paragraph (a), clause (5), the coursework must be taken and passed
53.7for credit, and must be earned from a counseling program or institution that meets the
53.8requirements in paragraph (a), clause (5).

53.9    Sec. 21. Minnesota Statutes 2012, section 150A.01, subdivision 8a, is amended to .read:
53.10    Subd. 8a. Resident dentist. "Resident dentist" means a person who is licensed to
53.11practice dentistry as an enrolled graduate student or student of an advanced education
53.12program accredited by the American Dental Association Commission on Dental
53.13Accreditation.

53.14    Sec. 22. Minnesota Statutes 2012, section 150A.06, subdivision 1, is amended to read:
53.15    Subdivision 1. Dentists. A person of good moral character who has graduated from
53.16a dental program accredited by the Commission on Dental Accreditation of the American
53.17Dental Association, having submitted an application and fee as prescribed by the board,
53.18may be examined by the board or by an agency pursuant to section 150A.03, subdivision
53.191 , in a manner to test the applicant's fitness to practice dentistry. A graduate of a dental
53.20college in another country must not be disqualified from examination solely because of
53.21the applicant's foreign training if the board determines that the training is equivalent to or
53.22higher than that provided by a dental college accredited by the Commission on Dental
53.23Accreditation of the American Dental Association. In the case of examinations conducted
53.24pursuant to section 150A.03, subdivision 1, applicants shall take the examination prior to
53.25applying to the board for licensure. The examination shall include an examination of the
53.26applicant's knowledge of the laws of Minnesota relating to dentistry and the rules of the
53.27board. An applicant is ineligible to retake the clinical examination required by the board
53.28after failing it twice until further education and training are obtained as specified by the
53.29board by rule. A separate, nonrefundable fee may be charged for each time a person applies.
53.30An applicant who passes the examination in compliance with subdivision 2b, abides by
53.31professional ethical conduct requirements, and meets all other requirements of the board
53.32shall be licensed to practice dentistry and granted a general dentist license by the board.

53.33    Sec. 23. Minnesota Statutes 2012, section 150A.06, subdivision 1a, is amended to read:
54.1    Subd. 1a. Faculty dentists. (a) Faculty members of a school of dentistry must be
54.2licensed in order to practice dentistry as defined in section 150A.05. The board may
54.3issue to members of the faculty of a school of dentistry a license designated as either a
54.4"limited faculty license" or a "full faculty license" entitling the holder to practice dentistry
54.5within the terms described in paragraph (b) or (c). The dean of a school of dentistry and
54.6program directors of a Minnesota dental hygiene or dental assisting school accredited by
54.7the Commission on Dental Accreditation of the American Dental Association shall certify
54.8to the board those members of the school's faculty who practice dentistry but are not
54.9licensed to practice dentistry in Minnesota. A faculty member who practices dentistry as
54.10defined in section 150A.05, before beginning duties in a school of dentistry or a dental
54.11hygiene or dental assisting school, shall apply to the board for a limited or full faculty
54.12license. Pursuant to Minnesota Rules, chapter 3100, and at the discretion of the board,
54.13a limited faculty license must be renewed annually and a full faculty license must be
54.14renewed biennially. The faculty applicant shall pay a nonrefundable fee set by the board
54.15for issuing and renewing the faculty license. The faculty license is valid during the time
54.16the holder remains a member of the faculty of a school of dentistry or a dental hygiene or
54.17dental assisting school and subjects the holder to this chapter.
54.18(b) The board may issue to dentist members of the faculty of a Minnesota school
54.19of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
54.20Accreditation of the American Dental Association, a license designated as a limited
54.21faculty license entitling the holder to practice dentistry within the school and its affiliated
54.22teaching facilities, but only for the purposes of teaching or conducting research. The
54.23practice of dentistry at a school facility for purposes other than teaching or research is not
54.24allowed unless the dentist was a faculty member on August 1, 1993.
54.25(c) The board may issue to dentist members of the faculty of a Minnesota school
54.26of dentistry, dental hygiene, or dental assisting accredited by the Commission on Dental
54.27Accreditation of the American Dental Association a license designated as a full faculty
54.28license entitling the holder to practice dentistry within the school and its affiliated teaching
54.29facilities and elsewhere if the holder of the license is employed 50 percent time or more by
54.30the school in the practice of teaching or research, and upon successful review by the board
54.31of the applicant's qualifications as described in subdivisions 1, 1c, and 4 and board rule.
54.32The board, at its discretion, may waive specific licensing prerequisites.

54.33    Sec. 24. Minnesota Statutes 2012, section 150A.06, subdivision 1c, is amended to read:
55.1    Subd. 1c. Specialty dentists. (a) The board may grant a one or more specialty
55.2license licenses in the specialty areas of dentistry that are recognized by the American
55.3Dental Association Commission on Dental Accreditation.
55.4(b) An applicant for a specialty license shall:
55.5(1) have successfully completed a postdoctoral specialty education program
55.6accredited by the Commission on Dental Accreditation of the American Dental
55.7Association, or have announced a limitation of practice before 1967;
55.8(2) have been certified by a specialty examining board approved by the Minnesota
55.9Board of Dentistry, or provide evidence of having passed a clinical examination for
55.10licensure required for practice in any state or Canadian province, or in the case of oral and
55.11maxillofacial surgeons only, have a Minnesota medical license in good standing;
55.12(3) have been in active practice or a postdoctoral specialty education program or
55.13United States government service at least 2,000 hours in the 36 months prior to applying
55.14for a specialty license;
55.15(4) if requested by the board, be interviewed by a committee of the board, which
55.16may include the assistance of specialists in the evaluation process, and satisfactorily
55.17respond to questions designed to determine the applicant's knowledge of dental subjects
55.18and ability to practice;
55.19(5) if requested by the board, present complete records on a sample of patients
55.20treated by the applicant. The sample must be drawn from patients treated by the applicant
55.21during the 36 months preceding the date of application. The number of records shall be
55.22established by the board. The records shall be reasonably representative of the treatment
55.23typically provided by the applicant for each specialty area;
55.24(6) at board discretion, pass a board-approved English proficiency test if English is
55.25not the applicant's primary language;
55.26(7) pass all components of the National Board Dental Examinations;
55.27(8) pass the Minnesota Board of Dentistry jurisprudence examination;
55.28(9) abide by professional ethical conduct requirements; and
55.29(10) meet all other requirements prescribed by the Board of Dentistry.
55.30(c) The application must include:
55.31(1) a completed application furnished by the board;
55.32(2) at least two character references from two different dentists for each specialty
55.33area, one of whom must be a dentist practicing in the same specialty area, and the other
55.34 from the director of the each specialty program attended;
55.35(3) a licensed physician's statement attesting to the applicant's physical and mental
55.36condition;
56.1(4) a statement from a licensed ophthalmologist or optometrist attesting to the
56.2applicant's visual acuity;
56.3(5) a nonrefundable fee; and
56.4(6) a notarized, unmounted passport-type photograph, three inches by three inches,
56.5taken not more than six months before the date of application.
56.6(d) A specialty dentist holding a one or more specialty license licenses is limited to
56.7practicing in the dentist's designated specialty area or areas. The scope of practice must be
56.8defined by each national specialty board recognized by the American Dental Association
56.9 Commission on Dental Accreditation.
56.10(e) A specialty dentist holding a general dentist dental license is limited to practicing
56.11in the dentist's designated specialty area or areas if the dentist has announced a limitation
56.12of practice. The scope of practice must be defined by each national specialty board
56.13recognized by the American Dental Association Commission on Dental Accreditation.
56.14(f) All specialty dentists who have fulfilled the specialty dentist requirements and
56.15who intend to limit their practice to a particular specialty area or areas may apply for
56.16a one or more specialty license licenses.

56.17    Sec. 25. Minnesota Statutes 2012, section 150A.06, subdivision 1d, is amended to read:
56.18    Subd. 1d. Dental therapists. A person of good moral character who has graduated
56.19with a baccalaureate degree or a master's degree from a dental therapy education program
56.20that has been approved by the board or accredited by the American Dental Association
56.21 Commission on Dental Accreditation or another board-approved national accreditation
56.22organization may apply for licensure.
56.23The applicant must submit an application and fee as prescribed by the board and a
56.24diploma or certificate from a dental therapy education program. Prior to being licensed,
56.25the applicant must pass a comprehensive, competency-based clinical examination that is
56.26approved by the board and administered independently of an institution providing dental
56.27therapy education. The applicant must also pass an examination testing the applicant's
56.28knowledge of the Minnesota laws and rules relating to the practice of dentistry. An
56.29applicant who has failed the clinical examination twice is ineligible to retake the clinical
56.30examination until further education and training are obtained as specified by the board. A
56.31separate, nonrefundable fee may be charged for each time a person applies. An applicant
56.32who passes the examination in compliance with subdivision 2b, abides by professional
56.33ethical conduct requirements, and meets all the other requirements of the board shall
56.34be licensed as a dental therapist.

57.1    Sec. 26. Minnesota Statutes 2012, section 150A.06, subdivision 2, is amended to read:
57.2    Subd. 2. Dental hygienists. A person of good moral character, who has graduated
57.3from a dental hygiene program accredited by the Commission on Dental Accreditation of
57.4the American Dental Association and established in an institution accredited by an agency
57.5recognized by the United States Department of Education to offer college-level programs,
57.6may apply for licensure. The dental hygiene program must provide a minimum of two
57.7academic years of dental hygiene education. The applicant must submit an application and
57.8fee as prescribed by the board and a diploma or certificate of dental hygiene. Prior to being
57.9licensed, the applicant must pass the National Board of Dental Hygiene examination and a
57.10board approved examination designed to determine the applicant's clinical competency. In
57.11the case of examinations conducted pursuant to section 150A.03, subdivision 1, applicants
57.12shall take the examination before applying to the board for licensure. The applicant must
57.13also pass an examination testing the applicant's knowledge of the laws of Minnesota relating
57.14to the practice of dentistry and of the rules of the board. An applicant is ineligible to retake
57.15the clinical examination required by the board after failing it twice until further education
57.16and training are obtained as specified by board rule. A separate, nonrefundable fee may
57.17be charged for each time a person applies. An applicant who passes the examination in
57.18compliance with subdivision 2b, abides by professional ethical conduct requirements, and
57.19meets all the other requirements of the board shall be licensed as a dental hygienist.

57.20    Sec. 27. Minnesota Statutes 2012, section 150A.06, subdivision 2a, is amended to read:
57.21    Subd. 2a. Licensed dental assistant. A person of good moral character, who has
57.22graduated from a dental assisting program accredited by the Commission on Dental
57.23Accreditation of the American Dental Association, may apply for licensure. The applicant
57.24must submit an application and fee as prescribed by the board and the diploma or
57.25certificate of dental assisting. In the case of examinations conducted pursuant to section
57.26150A.03, subdivision 1 , applicants shall take the examination before applying to the board
57.27for licensure. The examination shall include an examination of the applicant's knowledge
57.28of the laws of Minnesota relating to dentistry and the rules of the board. An applicant is
57.29ineligible to retake the licensure examination required by the board after failing it twice
57.30until further education and training are obtained as specified by board rule. A separate,
57.31nonrefundable fee may be charged for each time a person applies. An applicant who
57.32passes the examination in compliance with subdivision 2b, abides by professional ethical
57.33conduct requirements, and meets all the other requirements of the board shall be licensed
57.34as a dental assistant.

58.1    Sec. 28. Minnesota Statutes 2012, section 150A.06, subdivision 2d, is amended to read:
58.2    Subd. 2d. Continuing education and professional development waiver. (a) The
58.3board shall grant a waiver to the continuing education requirements under this chapter for
58.4a licensed dentist, licensed dental therapist, licensed dental hygienist, or licensed dental
58.5assistant who documents to the satisfaction of the board that the dentist, dental therapist,
58.6dental hygienist, or licensed dental assistant has retired from active practice in the state
58.7and limits the provision of dental care services to those offered without compensation
58.8in a public health, community, or tribal clinic or a nonprofit organization that provides
58.9services to the indigent or to recipients of medical assistance, general assistance medical
58.10care, or MinnesotaCare programs.
58.11(b) The board may require written documentation from the volunteer and retired
58.12dentist, dental therapist, dental hygienist, or licensed dental assistant prior to granting
58.13this waiver.
58.14(c) The board shall require the volunteer and retired dentist, dental therapist, dental
58.15hygienist, or licensed dental assistant to meet the following requirements:
58.16(1) a licensee seeking a waiver under this subdivision must complete and document
58.17at least five hours of approved courses in infection control, medical emergencies, and
58.18medical management for the continuing education cycle; and
58.19(2) provide documentation of current CPR certification from completion of the
58.20American Heart Association healthcare provider course, or the American Red Cross
58.21professional rescuer course, or an equivalent entity.

58.22    Sec. 29. Minnesota Statutes 2012, section 150A.06, subdivision 3, is amended to read:
58.23    Subd. 3. Waiver of examination. (a) All or any part of the examination for
58.24dentists or dental hygienists, except that pertaining to the law of Minnesota relating to
58.25dentistry and the rules of the board, may, at the discretion of the board, be waived for an
58.26applicant who presents a certificate of having passed all components of the National Board
58.27Dental Examinations or evidence of having maintained an adequate scholastic standing
58.28as determined by the board, in dental school as to dentists, or dental hygiene school as
58.29to dental hygienists.
58.30(b) The board shall waive the clinical examination required for licensure for any
58.31dentist applicant who is a graduate of a dental school accredited by the Commission on
58.32Dental Accreditation of the American Dental Association, who has passed all components
58.33of the National Board Dental Examinations, and who has satisfactorily completed a
58.34Minnesota-based postdoctoral general dentistry residency program (GPR) or an advanced
58.35education in general dentistry (AEGD) program after January 1, 2004. The postdoctoral
59.1program must be accredited by the Commission on Dental Accreditation of the American
59.2Dental Association, be of at least one year's duration, and include an outcome assessment
59.3evaluation assessing the resident's competence to practice dentistry. The board may require
59.4the applicant to submit any information deemed necessary by the board to determine
59.5whether the waiver is applicable. The board may waive the clinical examination for an
59.6applicant who meets the requirements of this paragraph and has satisfactorily completed an
59.7accredited postdoctoral general dentistry residency program located outside of Minnesota.

59.8    Sec. 30. Minnesota Statutes 2012, section 150A.06, subdivision 8, is amended to read:
59.9    Subd. 8. Licensure by credentials. (a) Any dental assistant may, upon application
59.10and payment of a fee established by the board, apply for licensure based on an evaluation
59.11of the applicant's education, experience, and performance record in lieu of completing a
59.12board-approved dental assisting program for expanded functions as defined in rule, and
59.13may be interviewed by the board to determine if the applicant:
59.14(1) has graduated from an accredited dental assisting program accredited by the
59.15Commission of on Dental Accreditation of the American Dental Association, or is
59.16currently certified by the Dental Assisting National Board;
59.17(2) is not subject to any pending or final disciplinary action in another state or
59.18Canadian province, or if not currently certified or registered, previously had a certification
59.19or registration in another state or Canadian province in good standing that was not subject
59.20to any final or pending disciplinary action at the time of surrender;
59.21(3) is of good moral character and abides by professional ethical conduct
59.22requirements;
59.23(4) at board discretion, has passed a board-approved English proficiency test if
59.24English is not the applicant's primary language; and
59.25(5) has met all expanded functions curriculum equivalency requirements of a
59.26Minnesota board-approved dental assisting program.
59.27(b) The board, at its discretion, may waive specific licensure requirements in
59.28paragraph (a).
59.29(c) An applicant who fulfills the conditions of this subdivision and demonstrates the
59.30minimum knowledge in dental subjects required for licensure under subdivision 2a must
59.31be licensed to practice the applicant's profession.
59.32(d) If the applicant does not demonstrate the minimum knowledge in dental subjects
59.33required for licensure under subdivision 2a, the application must be denied. If licensure is
59.34denied, the board may notify the applicant of any specific remedy that the applicant could
60.1take which, when passed, would qualify the applicant for licensure. A denial does not
60.2prohibit the applicant from applying for licensure under subdivision 2a.
60.3(e) A candidate whose application has been denied may appeal the decision to the
60.4board according to subdivision 4a.

60.5    Sec. 31. Minnesota Statutes 2012, section 150A.091, subdivision 16, is amended to
60.6read:
60.7    Subd. 16. Failure of professional development portfolio audit. A licensee shall
60.8submit a fee as established by the board not to exceed the amount of $250 $1,000 after
60.9failing two consecutive professional development portfolio audits and, thereafter, for each
60.10failed professional development portfolio audit under Minnesota Rules, part 3100.5300.
60.11 In addition to the fee, the board may initiate the complaint process to address multiple
60.12failed audits.

60.13    Sec. 32. Minnesota Statutes 2012, section 150A.10, is amended to read:
60.14150A.10 ALLIED DENTAL PERSONNEL.
60.15    Subdivision 1. Dental hygienists. Any licensed dentist, licensed dental therapist,
60.16public institution, or school authority may obtain services from a licensed dental hygienist.
60.17The licensed dental hygienist may provide those services defined in section 150A.05,
60.18subdivision 1a . The services provided shall not include the establishment of a final
60.19diagnosis or treatment plan for a dental patient. All services shall be provided under
60.20supervision of a licensed dentist. Any licensed dentist who shall permit any dental service
60.21by a dental hygienist other than those authorized by the Board of Dentistry, shall be deemed
60.22to be violating the provisions of sections 150A.01 to 150A.12, and any unauthorized dental
60.23service by a dental hygienist shall constitute a violation of sections 150A.01 to 150A.12.
60.24    Subd. 1a. Limited authorization for dental hygienists. (a) Notwithstanding
60.25subdivision 1, a dental hygienist licensed under this chapter may be employed or retained
60.26by a health care facility, program, or nonprofit organization to perform dental hygiene
60.27services described under paragraph (b) without the patient first being examined by a
60.28licensed dentist if the dental hygienist:
60.29(1) has been engaged in the active practice of clinical dental hygiene for not less than
60.302,400 hours in the past 18 months or a career total of 3,000 hours, including a minimum of
60.31200 hours of clinical practice in two of the past three years;
60.32(2) has entered into a collaborative agreement with a licensed dentist that designates
60.33authorization for the services provided by the dental hygienist;
61.1(3) has documented participation in courses in infection control and medical
61.2emergencies within each continuing education cycle; and
61.3(4) maintains current CPR certification from completion of the American Heart
61.4Association healthcare provider course, or the American Red Cross professional rescuer
61.5course, or an equivalent entity.
61.6(b) The dental hygiene services authorized to be performed by a dental hygienist
61.7under this subdivision are limited to:
61.8(1) oral health promotion and disease prevention education;
61.9(2) removal of deposits and stains from the surfaces of the teeth;
61.10(3) application of topical preventive or prophylactic agents, including fluoride
61.11varnishes and pit and fissure sealants;
61.12(4) polishing and smoothing restorations;
61.13(5) removal of marginal overhangs;
61.14(6) performance of preliminary charting;
61.15(7) taking of radiographs; and
61.16(8) performance of scaling and root planing.
61.17The dental hygienist may administer injections of local anesthetic agents or nitrous
61.18oxide inhalation analgesia as specifically delegated in the collaborative agreement with
61.19a licensed dentist. The dentist need not first examine the patient or be present. If the
61.20patient is considered medically compromised, the collaborative dentist shall review the
61.21patient record, including the medical history, prior to the provision of these services.
61.22Collaborating dental hygienists may work with unlicensed and licensed dental assistants
61.23who may only perform duties for which licensure is not required. The performance of
61.24dental hygiene services in a health care facility, program, or nonprofit organization as
61.25authorized under this subdivision is limited to patients, students, and residents of the
61.26facility, program, or organization.
61.27(c) A collaborating dentist must be licensed under this chapter and may enter into
61.28a collaborative agreement with no more than four dental hygienists unless otherwise
61.29authorized by the board. The board shall develop parameters and a process for obtaining
61.30authorization to collaborate with more than four dental hygienists. The collaborative
61.31agreement must include:
61.32(1) consideration for medically compromised patients and medical conditions for
61.33which a dental evaluation and treatment plan must occur prior to the provision of dental
61.34hygiene services;
62.1(2) age- and procedure-specific standard collaborative practice protocols, including
62.2recommended intervals for the performance of dental hygiene services and a period of
62.3time in which an examination by a dentist should occur;
62.4(3) copies of consent to treatment form provided to the patient by the dental hygienist;
62.5(4) specific protocols for the placement of pit and fissure sealants and requirements
62.6for follow-up care to assure the efficacy of the sealants after application; and
62.7(5) a procedure for creating and maintaining dental records for the patients that are
62.8treated by the dental hygienist. This procedure must specify where these records are
62.9to be located.
62.10The collaborative agreement must be signed and maintained by the dentist, the dental
62.11hygienist, and the facility, program, or organization; must be reviewed annually by the
62.12collaborating dentist and dental hygienist; and must be made available to the board
62.13upon request.
62.14(d) Before performing any services authorized under this subdivision, a dental
62.15hygienist must provide the patient with a consent to treatment form which must include a
62.16statement advising the patient that the dental hygiene services provided are not a substitute
62.17for a dental examination by a licensed dentist. If the dental hygienist makes any referrals
62.18to the patient for further dental procedures, the dental hygienist must fill out a referral form
62.19and provide a copy of the form to the collaborating dentist.
62.20(e) For the purposes of this subdivision, a "health care facility, program, or
62.21nonprofit organization" is limited to a hospital; nursing home; home health agency; group
62.22home serving the elderly, disabled, or juveniles; state-operated facility licensed by the
62.23commissioner of human services or the commissioner of corrections; and federal, state, or
62.24local public health facility, community clinic, tribal clinic, school authority, Head Start
62.25program, or nonprofit organization that serves individuals who are uninsured or who are
62.26Minnesota health care public program recipients.
62.27(f) For purposes of this subdivision, a "collaborative agreement" means a written
62.28agreement with a licensed dentist who authorizes and accepts responsibility for the
62.29services performed by the dental hygienist. The services authorized under this subdivision
62.30and the collaborative agreement may be performed without the presence of a licensed
62.31dentist and may be performed at a location other than the usual place of practice of the
62.32dentist or dental hygienist and without a dentist's diagnosis and treatment plan, unless
62.33specified in the collaborative agreement.
62.34    Subd. 2. Dental assistants. Every licensed dentist and dental therapist who uses the
62.35services of any unlicensed person for the purpose of assistance in the practice of dentistry
62.36or dental therapy shall be responsible for the acts of such unlicensed person while engaged
63.1in such assistance. The dentist or dental therapist shall permit the unlicensed assistant to
63.2perform only those acts which are authorized to be delegated to unlicensed assistants
63.3by the Board of Dentistry. The acts shall be performed under supervision of a licensed
63.4dentist or dental therapist. A licensed dental therapist shall not supervise more than four
63.5registered licensed or unlicensed dental assistants at any one practice setting. The board
63.6may permit differing levels of dental assistance based upon recognized educational
63.7standards, approved by the board, for the training of dental assistants. The board may also
63.8define by rule the scope of practice of licensed and unlicensed dental assistants. The
63.9board by rule may require continuing education for differing levels of dental assistants,
63.10as a condition to their license or authority to perform their authorized duties. Any
63.11licensed dentist or dental therapist who permits an unlicensed assistant to perform any
63.12dental service other than that authorized by the board shall be deemed to be enabling an
63.13unlicensed person to practice dentistry, and commission of such an act by an unlicensed
63.14assistant shall constitute a violation of sections 150A.01 to 150A.12.
63.15    Subd. 3. Dental technicians. Every licensed dentist and dental therapist who uses
63.16the services of any unlicensed person, other than under the dentist's or dental therapist's
63.17supervision and within the same practice setting, for the purpose of constructing, altering,
63.18repairing or duplicating any denture, partial denture, crown, bridge, splint, orthodontic,
63.19prosthetic or other dental appliance, shall be required to furnish such unlicensed person
63.20with a written work order in such form as shall be prescribed by the rules of the board. The
63.21work order shall be made in duplicate form, a duplicate copy to be retained in a permanent
63.22file of the dentist or dental therapist at the practice setting for a period of two years, and
63.23the original to be retained in a permanent file for a period of two years by the unlicensed
63.24person in that person's place of business. The permanent file of work orders to be kept
63.25by the dentist, dental therapist, or unlicensed person shall be open to inspection at any
63.26reasonable time by the board or its duly constituted agent.
63.27    Subd. 4. Restorative procedures. (a) Notwithstanding subdivisions 1, 1a, and
63.282, a licensed dental hygienist or licensed dental assistant may perform the following
63.29restorative procedures:
63.30(1) place, contour, and adjust amalgam restorations;
63.31(2) place, contour, and adjust glass ionomer;
63.32(3) adapt and cement stainless steel crowns; and
63.33(4) place, contour, and adjust class I and class V supragingival composite restorations
63.34where the margins are entirely within the enamel.; and
63.35(5) place, contour, and adjust class II and class V supragingival composite
63.36restorations on primary teeth.
64.1(b) The restorative procedures described in paragraph (a) may be performed only if:
64.2(1) the licensed dental hygienist or licensed dental assistant has completed a
64.3board-approved course on the specific procedures;
64.4(2) the board-approved course includes a component that sufficiently prepares the
64.5licensed dental hygienist or licensed dental assistant to adjust the occlusion on the newly
64.6placed restoration;
64.7(3) a licensed dentist or licensed advanced dental therapist has authorized the
64.8procedure to be performed; and
64.9(4) a licensed dentist or licensed advanced dental therapist is available in the clinic
64.10while the procedure is being performed.
64.11(c) The dental faculty who teaches the educators of the board-approved courses
64.12specified in paragraph (b) must have prior experience teaching these procedures in an
64.13accredited dental education program.

64.14    Sec. 33. Minnesota Statutes 2012, section 153.16, subdivision 1, is amended to read:
64.15    Subdivision 1. License requirements. The board shall issue a license to practice
64.16podiatric medicine to a person who meets the following requirements:
64.17(a) The applicant for a license shall file a written notarized application on forms
64.18provided by the board, showing to the board's satisfaction that the applicant is of good
64.19moral character and satisfies the requirements of this section.
64.20(b) The applicant shall present evidence satisfactory to the board of being a graduate
64.21of a podiatric medical school approved by the board based upon its faculty, curriculum,
64.22facilities, accreditation by a recognized national accrediting organization approved by the
64.23board, and other relevant factors.
64.24(c) The applicant must have received a passing score on each part of the national board
64.25examinations, parts one and two, prepared and graded by the National Board of Podiatric
64.26Medical Examiners. The passing score for each part of the national board examinations,
64.27parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
64.28(d) Applicants graduating after 1986 from a podiatric medical school shall present
64.29evidence satisfactory to the board of the completion of (1) one year of graduate, clinical
64.30residency or preceptorship in a program accredited by a national accrediting organization
64.31approved by the board or (2) other graduate training that meets standards equivalent to
64.32those of an approved national accrediting organization or school of podiatric medicine
64.33 of successful completion of a residency program approved by a national accrediting
64.34podiatric medicine organization.
65.1(e) The applicant shall appear in person before the board or its designated
65.2representative to show that the applicant satisfies the requirements of this section,
65.3including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
65.4medicine. The board may establish as internal operating procedures the procedures or
65.5requirements for the applicant's personal presentation.
65.6(f) The applicant shall pay a fee established by the board by rule. The fee shall
65.7not be refunded.
65.8(g) The applicant must not have engaged in conduct warranting disciplinary action
65.9against a licensee. If the applicant does not satisfy the requirements of this paragraph,
65.10the board may refuse to issue a license unless it determines that the public will be
65.11protected through issuance of a license with conditions and limitations the board considers
65.12appropriate.
65.13(h) Upon payment of a fee as the board may require, an applicant who fails to pass
65.14an examination and is refused a license is entitled to reexamination within one year of
65.15the board's refusal to issue the license. No more than two reexaminations are allowed
65.16without a new application for a license.

65.17    Sec. 34. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
65.18to read:
65.19    Subd. 1a. Relicensure after two-year lapse of practice; reentry program. A
65.20podiatrist seeking licensure or reinstatement of a license after a lapse of continuous
65.21practice of podiatric medicine of greater than two years must reestablish competency by
65.22completing a reentry program approved by the board.

65.23    Sec. 35. Minnesota Statutes 2012, section 153.16, subdivision 2, is amended to read:
65.24    Subd. 2. Applicants licensed in another state. The board shall issue a license
65.25to practice podiatric medicine to any person currently or formerly licensed to practice
65.26podiatric medicine in another state who satisfies the requirements of this section:
65.27(a) The applicant shall satisfy the requirements established in subdivision 1.
65.28(b) The applicant shall present evidence satisfactory to the board indicating the
65.29current status of a license to practice podiatric medicine issued by the first state of
65.30licensure and all other states and countries in which the individual has held a license.
65.31(c) If the applicant has had a license revoked, engaged in conduct warranting
65.32disciplinary action against the applicant's license, or been subjected to disciplinary action,
65.33in another state, the board may refuse to issue a license unless it determines that the
66.1public will be protected through issuance of a license with conditions or limitations the
66.2board considers appropriate.
66.3(d) The applicant shall submit with the license application the following additional
66.4information for the five-year period preceding the date of filing of the application: (1) the
66.5name and address of the applicant's professional liability insurer in the other state; and (2)
66.6the number, date, and disposition of any podiatric medical malpractice settlement or award
66.7made to the plaintiff relating to the quality of podiatric medical treatment.
66.8(e) If the license is active, the applicant shall submit with the license application
66.9evidence of compliance with the continuing education requirements in the current state of
66.10licensure.
66.11(f) If the license is inactive, the applicant shall submit with the license application
66.12evidence of participation in one-half the same number of hours of acceptable continuing
66.13education required for biennial renewal, as specified under Minnesota Rules, up to five
66.14years. If the license has been inactive for more than two years, the amount of acceptable
66.15continuing education required must be obtained during the two years immediately before
66.16application or the applicant must provide other evidence as the board may reasonably
66.17require.

66.18    Sec. 36. Minnesota Statutes 2012, section 153.16, subdivision 3, is amended to read:
66.19    Subd. 3. Temporary permit. Upon payment of a fee and in accordance with the
66.20rules of the board, the board may issue a temporary permit to practice podiatric medicine
66.21to a podiatrist engaged in a clinical residency or preceptorship for a period not to exceed
66.2212 months. A temporary permit may be extended under the following conditions:
66.23(1) the applicant submits acceptable evidence that the training was interrupted by
66.24circumstances beyond the control of the applicant and that the sponsor of the program
66.25agrees to the extension;
66.26(2) the applicant is continuing in a residency that extends for more than one year; or
66.27(3) the applicant is continuing in a residency that extends for more than two years.
66.28 approved by a national accrediting organization. The temporary permit is renewed
66.29annually until the residency training requirements are completed or until the residency
66.30program is terminated or discontinued.

66.31    Sec. 37. Minnesota Statutes 2012, section 153.16, is amended by adding a subdivision
66.32to read:
66.33    Subd. 4. Continuing education. (a) Every podiatrist licensed to practice in this
66.34state shall obtain 40 clock hours of continuing education in each two-year cycle of license
67.1renewal. All continuing education hours must be earned by verified attendance at or
67.2participation in a program or course sponsored by the Council on Podiatric Medical
67.3Education or approved by the board. In each two-year cycle, a maximum of eight hours of
67.4continuing education credits may be obtained through participation in online courses.
67.5(b) The number of continuing education hours required during the initial licensure
67.6period is that fraction of 40 hours, to the nearest whole hour, that is represented by the
67.7ratio of the number of days the license is held in the initial licensure period to 730 days.

67.8    Sec. 38. [214.076] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
67.9CONDUCT OFFENSE.
67.10    Subdivision 1. Applicability. This section applies to the health-related licensing
67.11boards as defined in section 214.01, subdivision 2, except the Board of Medical Practice
67.12and the Board of Chiropractic Examiners, and also applies to the Board of Barber
67.13Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
67.14Minnesota Department of Health, including:
67.15(1) speech-language pathologists and audiologists;
67.16(2) hearing instrument dispensers; and
67.17(3) occupational therapists and occupational therapy assistants.
67.18    Subd. 2. Issuing and renewing credential to practice. (a) Except as provided in
67.19paragraph (e), a credentialing authority listed in subdivision 1 shall not issue or renew a
67.20credential to practice to any person who has been convicted on or after August 1, 2014, of
67.21any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
67.22subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
67.23(b) A credentialing authority listed in subdivision 1 shall not issue or renew a
67.24credential to practice to any person who has been convicted in any other state or country on
67.25or after August 1, 2014, of an offense where the elements of the offense are substantially
67.26similar to any of the offenses listed in paragraph (a).
67.27(c) A credential to practice is automatically revoked if the credentialed person is
67.28convicted of an offense listed in paragraph (a).
67.29(d) For purposes of this section, "conviction" means a plea of guilty, a verdict of guilty
67.30by a jury, or a finding of guilty by the court, unless the court stays imposition or execution
67.31of the sentence and final disposition of the case is accomplished at a nonfelony level.
67.32(e) A credentialing authority listed in subdivision 1 may establish criteria whereby
67.33an individual convicted of an offense listed in paragraph (a) may become credentialed
67.34provided that the criteria:
67.35(1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
68.1(2) provide a standard for overcoming the presumption; and
68.2(3) require that a minimum of ten years has elapsed since the applicant was released
68.3from any incarceration or supervisory jurisdiction related to the offense.
68.4A credentialing authority listed in subdivision 1 shall not consider an application under
68.5this paragraph if the board determines that the victim involved in the offense was a patient
68.6or a client of the applicant at the time of the offense.
68.7EFFECTIVE DATE.This section is effective for credentials issued or renewed on
68.8or after August 1, 2014.

68.9    Sec. 39. [214.077] TEMPORARY LICENSE SUSPENSION; IMMINENT RISK
68.10OF HARM.
68.11(a) Notwithstanding any provision of a health-related professional practice act,
68.12when a health-related licensing board or the commissioner of health receives a complaint
68.13regarding a regulated person and has probable cause to believe continued practice by the
68.14regulated person presents an imminent risk of harm, the licensing board or commissioner
68.15shall temporarily suspend the regulated person's professional license. The suspension
68.16shall take effect upon written notice to the regulated person and shall specify the reason
68.17for the suspension.
68.18(b) The suspension shall remain in effect until the appropriate licensing board or
68.19the commissioner completes an investigation and issues a final order in the matter after
68.20a hearing.
68.21(c) At the time it issues the suspension notice, the appropriate licensing board
68.22or commissioner shall schedule a disciplinary hearing to be held pursuant to the
68.23Administrative Procedure Act. The regulated person shall be provided with at least
68.2420 days notice of any hearing held pursuant to this subdivision. The hearing shall be
68.25scheduled to being no later than 60 days after issuance of the suspension order.
68.26EFFECTIVE DATE.This section is effective July 1, 2014.

68.27    Sec. 40. Minnesota Statutes 2012, section 214.103, subdivision 2, is amended to read:
68.28    Subd. 2. Receipt of complaint. The boards shall receive and resolve complaints
68.29or other communications, whether oral or written, against regulated persons. Before
68.30resolving an oral complaint, the executive director or a board member designated by the
68.31board to review complaints shall require the complainant to state the complaint in writing
68.32or authorize transcribing the complaint. The executive director or the designated board
68.33member shall determine whether the complaint alleges or implies a violation of a statute
69.1or rule which the board is empowered to enforce. The executive director or the designated
69.2board member may consult with the designee of the attorney general as to a board's
69.3jurisdiction over a complaint. If the executive director or the designated board member
69.4determines that it is necessary, the executive director may seek additional information to
69.5determine whether the complaint is jurisdictional or to clarify the nature of the allegations
69.6by obtaining records or other written material, obtaining a handwriting sample from the
69.7regulated person, clarifying the alleged facts with the complainant, and requesting a written
69.8response from the subject of the complaint. The executive director may authorize a field
69.9investigation to clarify the nature of the allegations and the facts that led to the complaint.
69.10EFFECTIVE DATE.This section is effective July 1, 2014.

69.11    Sec. 41. Minnesota Statutes 2012, section 214.103, subdivision 3, is amended to read:
69.12    Subd. 3. Referral to other agencies. The executive director shall forward to
69.13another governmental agency any complaints received by the board which do not relate
69.14to the board's jurisdiction but which relate to matters within the jurisdiction of another
69.15governmental agency. The agency shall advise the executive director of the disposition
69.16of the complaint. A complaint or other information received by another governmental
69.17agency relating to a statute or rule which a board is empowered to enforce must be
69.18forwarded to the executive director of the board to be processed in accordance with this
69.19section. Governmental agencies may shall coordinate and conduct joint investigations of
69.20complaints that involve more than one governmental agency.
69.21EFFECTIVE DATE.This section is effective July 1, 2014.

69.22    Sec. 42. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision
69.23to read:
69.24    Subd. 5. Health professional services program. The health-related licensing
69.25boards shall include information regarding the health professional services program on
69.26their Web sites.
69.27EFFECTIVE DATE.This section is effective July 1, 2014.

69.28    Sec. 43. Minnesota Statutes 2012, section 214.29, is amended to read:
69.29214.29 PROGRAM REQUIRED.
69.30Each health-related licensing board, including the Emergency Medical Services
69.31Regulatory Board under chapter 144E, shall either conduct a contract with the health
70.1professionals service program under sections 214.31 to 214.37 or contract for a diversion
70.2program under section 214.28 for a diversion program for regulated professionals who are
70.3unable to practice with reasonable skill and safety by reason of illness, use of alcohol,
70.4drugs, chemicals, or any other materials, or as a result of any mental, physical, or
70.5psychological condition.
70.6EFFECTIVE DATE.This section is effective July 1, 2014.

70.7    Sec. 44. Minnesota Statutes 2012, section 214.31, is amended to read:
70.8214.31 AUTHORITY.
70.9Two or more of the health-related licensing boards listed in section 214.01,
70.10subdivision 2 , may jointly The health professionals services program shall contract with
70.11the health-related licensing boards to conduct a health professionals services program to
70.12protect the public from persons regulated by the boards who are unable to practice with
70.13reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or any
70.14other materials, or as a result of any mental, physical, or psychological condition. The
70.15program does not affect a board's authority to discipline violations of a board's practice act.
70.16For purposes of sections 214.31 to 214.37, the emergency medical services regulatory board
70.17shall be included in the definition of a health-related licensing board under chapter 144E.
70.18EFFECTIVE DATE.This section is effective July 1, 2014.

70.19    Sec. 45. Minnesota Statutes 2012, section 214.32, is amended to read:
70.20214.32 PROGRAM OPERATIONS AND RESPONSIBILITIES.
70.21    Subdivision 1. Management. (a) A Health Professionals Services Program
70.22Committee is established, consisting of one person appointed by each participating
70.23board, with each participating board having one vote. no fewer than three, or more than
70.24six, executive directors of health-related licensing boards or their designees, and two
70.25members of the advisory committee established in paragraph (d). Program committee
70.26members from the health-related licensing boards shall be appointed by a means agreeable
70.27to the executive directors of the health-related licensing boards in July of odd-numbered
70.28years. Members from the advisory committee shall be appointed by a means agreeable to
70.29advisory committee members in July of odd-numbered years. The program committee
70.30shall designate one board to provide administrative management of the program, set the
70.31program budget and the pro rata share of administrative costs under paragraph (b) and
70.32program expenses to be borne by each participating board, set the program budget, and
70.33ensure the program is meeting its statutory charge. The program committee shall establish
71.1uniform criteria and procedures governing termination and discharge for all health
71.2professionals served by the health professionals services program.
71.3    (b) The commissioner of administration shall provide guidance on the general
71.4operation of the program, including hiring of program personnel, and ensure that the
71.5program's direction is in accord with its authority. If the participating boards change
71.6which board is designated to provide administrative management of the program, any
71.7appropriation remaining for the program shall transfer to the newly designated board on
71.8the effective date of the change. The participating boards must inform the appropriate
71.9legislative committees and the commissioner of management and budget of any change
71.10in the administrative management of the program, and the amount of any appropriation
71.11transferred under this provision.
71.12    (b) (c) The designated board, upon recommendation of the Health Professional
71.13Services Program Committee, commissioner of administration shall hire the program
71.14manager and employees and pay expenses of the program from funds appropriated for that
71.15purpose. The designated board commissioner of administration may apply for grants to
71.16pay program expenses and may enter into contracts on behalf of the program to carry out
71.17the purposes of the program. The participating boards shall enter into written agreements
71.18with the designated board commissioner of administration.
71.19    (c) (d) An advisory committee is established to advise the program committee
71.20consisting of:
71.21    (1) one member appointed by each of the following: the Minnesota Academy of
71.22Physician Assistants, the Minnesota Dental Association, the Minnesota Chiropractic
71.23Association, the Minnesota Licensed Practical Nurse Association, the Minnesota Medical
71.24Association, the Minnesota Nurses Association, and the Minnesota Podiatric Medicine
71.25Association of the professional associations whose members are eligible for health
71.26professionals services program services; and
71.27    (2) one member appointed by each of the professional associations of the other
71.28professions regulated by a participating board not specified in clause (1); and
71.29    (3) (2) two public members, as defined by section 214.02.
71.30    Members of the advisory committee shall be appointed for two years and members
71.31may be reappointed.
71.32    Subd. 2. Services. (a) The program shall provide the following services to program
71.33participants:
71.34(1) referral of eligible regulated persons to qualified professionals for evaluation,
71.35treatment, and a written plan for continuing care consistent with the regulated person's
72.1illness. The referral shall take into consideration the regulated person's financial resources
72.2as well as specific needs;
72.3(2) development of individualized program participation agreements between
72.4participants and the program to meet the needs of participants and protect the public. An
72.5agreement may include, but need not be limited to, recommendations from the continuing
72.6care plan, practice monitoring, health monitoring, practice restrictions, random drug
72.7screening, support group participation, filing of reports necessary to document compliance,
72.8and terms for successful completion of the regulated person's program; and
72.9(3) monitoring of compliance by participants with individualized program
72.10participation agreements or board orders.
72.11(b) The program may develop services related to sections 214.31 to 214.37 for
72.12employers and colleagues of regulated persons from participating boards.
72.13    Subd. 3. Participant costs. Each program participant shall be responsible for
72.14paying for the costs of physical, psychosocial, or other related evaluation, treatment,
72.15laboratory monitoring, and random drug screens.
72.16    Subd. 4. Eligibility. Admission to the health professional services program is
72.17available to a person regulated by a participating board who is unable to practice with
72.18reasonable skill and safety by reason of illness, use of alcohol, drugs, chemicals, or
72.19any other materials, or as a result of any mental, physical, or psychological condition.
72.20Admission in the health professional services program shall be denied to persons:
72.21(1) who have diverted controlled substances for other than self-administration;
72.22(2) who have been terminated from this or any other state professional services
72.23program for noncompliance in the program, unless referred by a participating board or the
72.24commissioner of health;
72.25(3) currently under a board disciplinary order or corrective action agreement, unless
72.26referred by a board;
72.27(4) regulated under sections 214.17 to 214.25, unless referred by a board or by the
72.28commissioner of health;
72.29(5) accused of sexual misconduct; or
72.30(6) (5) whose continued practice would create a serious risk of harm to the public.
72.31    Subd. 5. Completion; voluntary termination; discharge. (a) A regulated person
72.32completes the program when the terms of the program participation agreement are fulfilled.
72.33(b) A regulated person may voluntarily terminate participation in the health
72.34professionals service program at any time by reporting to the person's board which shall
72.35result in the program manager making a report to the regulated person's board under
72.36section 214.33, subdivision 3.
73.1(c) The program manager may choose to discharge a regulated person from the
73.2program and make a referral to the person's board at any time for reasons including but not
73.3limited to: the degree of cooperation and compliance by the regulated person, the inability
73.4to secure information or the medical records of the regulated person, or indication of other
73.5possible violations of the regulated person's practice act. The regulated person shall be
73.6notified in writing by the program manager of any change in the person's program status.
73.7A regulated person who has been terminated or discharged from the program may be
73.8referred back to the program for monitoring.
73.9    Subd. 6. Duties of a health related licensing board. (a) Upon receiving notice from
73.10the program manager that a regulated person has been discharged due to noncompliance
73.11or voluntary withdrawal, when the appropriate licensing board has probable cause to
73.12believe continued practice by the regulated person presents an imminent risk of harm, the
73.13licensing board shall temporarily suspend the regulated person's professional license. The
73.14suspension shall take effect upon written notice to the regulated person and shall specify
73.15the reason for the suspension.
73.16(b) The suspension shall remain in effect until the appropriate licensing board
73.17completes an investigation and issues a final order in the matter after a hearing.
73.18(c) At the time it issues the suspension notice, the appropriate licensing board shall
73.19schedule a disciplinary hearing to be held pursuant to the Administrative Procedure Act.
73.20The regulated person shall be provided with at least 20 days' notice of any hearing held
73.21pursuant to this subdivision. The hearing shall be scheduled to being no later than 60
73.22days after issuance of the suspension order.
73.23EFFECTIVE DATE.This section is effective July 1, 2014.

73.24    Sec. 46. Minnesota Statutes 2012, section 214.33, subdivision 3, is amended to read:
73.25    Subd. 3. Program manager. (a) The program manager shall report to the
73.26appropriate participating board a regulated person who:
73.27(1) does not meet program admission criteria,;
73.28(2) violates the terms of the program participation agreement, or;
73.29(3) leaves the program except upon fulfilling the terms for successful completion of
73.30the program as set forth in the participation agreement.;
73.31(4) is subject to the provisions of sections 214.17 to 214.25;
73.32(5) caused identifiable patient harm;
73.33(6) substituted or adulterated medications;
73.34(7) wrote a prescription or caused a prescription to be filled by a pharmacy in the
73.35name of a person or veterinary patient for personal use; or
74.1The program manager shall report to the appropriate participating board a regulated
74.2person who (8) is alleged to have committed violations of the person's practice act that
74.3are outside the authority of the health professionals services program as described in
74.4sections 214.31 to 214.37.
74.5(b) The program manager shall inform any reporting person of the disposition of the
74.6person's report to the program.
74.7EFFECTIVE DATE.This section is effective July 1, 2014.

74.8    Sec. 47. Minnesota Statutes 2012, section 214.33, is amended by adding a subdivision
74.9to read:
74.10    Subd. 5. Employer mandatory reporting. (a) An employer of a person licensed or
74.11regulated by a health-related licensing board listed in section 214.01, subdivision 2, and
74.12health care institutions, and other organizations where the licensed or regulated health
74.13care professional is engaged in providing services, shall report to the appropriate licensing
74.14board that the licensee or regulated person has diverted narcotics or other controlled
74.15substances in violation of state or federal narcotics or controlled substance law when:
74.16(1) the employer or entity making the report has knowledge of the diversion; and
74.17(2) the licensee or regulated person has diverted narcotics from the reporting
74.18employer or organization or at the reporting institution.
74.19(b) Subdivision 1 does not waive the requirement to report under this subdivision.
74.20(c) The requirement to report under this subdivision does not apply:
74.21(1) to licensees or regulated persons who are self-employed;
74.22(2) if the knowledge was obtained in the course of a professional-patient relationship
74.23and the patient is licensed or regulated by a health licensing board; or
74.24(3) if knowledge of the diversion first becomes known to the employer, health care
74.25institution, or other organization, either from:
74.26(i) the licensee or regulated person who has self-reported to the health professional
74.27services program and who has returned to work pursuant to the health professional
74.28services program participation agreement and monitoring plan; or
74.29(ii) an individual who is serving as a work site monitor approved by the health
74.30professional services program for a person described in item (i).

74.31    Sec. 48. [214.355] GROUNDS FOR DISCIPLINARY ACTION.
74.32Each health-related licensing board, including the Emergency Medical Services
74.33Regulatory Board under chapter 144E, shall consider it grounds for disciplinary action
74.34if a regulated person violates the terms of the health professionals services program
75.1participation agreement or leaves the program except upon fulfilling the terms for
75.2successful completion of the program as set forth in the participation agreement.
75.3EFFECTIVE DATE.This section is effective July 1, 2014.

75.4    Sec. 49. REVISOR'S INSTRUCTION.
75.5(a) The revisor of statutes shall remove cross-references to the sections repealed in
75.6this article wherever they appear in Minnesota Statutes and Minnesota Rules and make
75.7changes necessary to correct the punctuation, grammar, or structure of the remaining text
75.8and preserve its meaning.
75.9(b) The revisor of statutes shall change the term "physician's assistant" to "physician
75.10assistant" wherever that term is found in Minnesota Statutes and Minnesota Rules.
75.11EFFECTIVE DATE.Paragraph (a) is effective July 1, 2014.

75.12    Sec. 50. REPEALER.
75.13(a) (Chiropractors) Minnesota Statutes 2012, section 148.01, subdivision 3, and
75.14Minnesota Rules, parts 2500.0100, subparts 3, 4b, and 9b; and 2500.4000, are repealed.
75.15(b) (Health-related licensing boards) Minnesota Statutes 2012, sections 214.28;
75.16214.36; and 214.37, are repealed effective July 1, 2014.
75.17(c) (Occupational therapists) Minnesota Statutes 2013 Supplement, section
75.18148.6440, is repealed the day following final enactment.
75.19(d) (Athletic trainers) Minnesota Statutes 2012, sections 148.7808, subdivision 2;
75.20and 148.7813, are repealed.


75.23    Section 1. Minnesota Statutes 2012, section 151.01, is amended to read:
75.24151.01 DEFINITIONS.
75.25    Subdivision 1. Words, terms, and phrases. Unless the language or context clearly
75.26indicates that a different meaning is intended, the following words, terms, and phrases, for
75.27the purposes of this chapter, shall be given the meanings subjoined to them.
75.28    Subd. 2. Pharmacy. "Pharmacy" means an established a place of business in
75.29which prescriptions, prescription drugs, medicines, chemicals, and poisons are prepared,
75.30compounded, or dispensed, vended, or sold to or for the use of patients by or under
75.31the supervision of a pharmacist and from which related clinical pharmacy services are
75.32delivered.
76.1    Subd. 2a. Limited service pharmacy. "Limited service pharmacy" means a
76.2pharmacy that has been issued a restricted license by the board to perform a limited range
76.3of the activities that constitute the practice of pharmacy.
76.4    Subd. 3. Pharmacist. The term "pharmacist" means an individual with a currently
76.5valid license issued by the Board of Pharmacy to practice pharmacy.
76.6    Subd. 5. Drug. The term "drug" means all medicinal substances and preparations
76.7recognized by the United States Pharmacopoeia and National Formulary, or any revision
76.8thereof, vaccines and biologicals, and all substances and preparations intended for external
76.9and internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in
76.10humans or other animals, and all substances and preparations, other than food, intended to
76.11affect the structure or any function of the bodies of humans or other animals. The term drug
76.12shall also mean any compound, substance, or derivative that is not approved for human
76.13consumption by the United States Food and Drug Administration or specifically permitted
76.14for human consumption under Minnesota law that, when introduced into the body, induces
76.15an effect similar to that of a Schedule I or Schedule II controlled substance listed in
76.16section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
76.17regardless of whether the substance is marketed for the purpose of human consumption.
76.18    Subd. 6. Medicine. The term "medicine" means any remedial agent that has the
76.19property of curing, preventing, treating, or mitigating diseases, or that is used for that
76.20purpose.
76.21    Subd. 7. Poisons. The term "poisons" means any substance which that, when
76.22introduced into the system, directly or by absorption, produces violent, morbid, or fatal
76.23changes, or which that destroys living tissue with which it comes in contact.
76.24    Subd. 8. Chemical. The term "chemical" means all medicinal or industrial
76.25substances, whether simple or compound, or obtained through the process of the science
76.26and art of chemistry, whether of organic or inorganic origin.
76.27    Subd. 9. Board or State Board of Pharmacy. The term "board" or "State Board of
76.28Pharmacy" means the Minnesota State Board of Pharmacy.
76.29    Subd. 10. Director. The term "director" means the executive director of the
76.30Minnesota State Board of Pharmacy.
76.31    Subd. 11. Person. The term "person" means an individual, firm, partnership,
76.32company, corporation, trustee, association, agency, or other public or private entity.
76.33    Subd. 12. Wholesale. The term "wholesale" means and includes any sale for the
76.34purpose of resale.
77.1    Subd. 13. Commercial purposes. The phrase "commercial purposes" means the
77.2ordinary purposes of trade, agriculture, industry, and commerce, exclusive of the practices
77.3of medicine and, pharmacy, and other health care professions.
77.4    Subd. 14. Manufacturing. The term "manufacturing" except in the case of bulk
77.5compounding, prepackaging or extemporaneous compounding within a pharmacy, means
77.6and includes the production, quality control and standardization by mechanical, physical,
77.7chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling,
77.8relabeling, filling or by any other process, of all drugs, medicines, chemicals, or poisons,
77.9without exception, for medicinal purposes. preparation, propagation, conversion, or
77.10processing of a drug, either directly or indirectly, by extraction from substances of natural
77.11origin or independently by means of chemical or biological synthesis. Manufacturing
77.12includes the packaging or repackaging of a drug, or the labeling or relabeling of
77.13the container of a drug, for resale by pharmacies, practitioners, or other persons.
77.14Manufacturing does not include the prepackaging, extemporaneous compounding, or
77.15anticipatory compounding of a drug within a licensed pharmacy or by a practitioner,
77.16nor the labeling of a container within a pharmacy or by a practitioner for the purpose of
77.17dispensing a drug to a patient pursuant to a valid prescription.
77.18    Subd. 14a. Manufacturer. The term "manufacturer" means any person engaged
77.19in manufacturing.
77.20    Subd. 14b. Outsourcing facility. "Outsourcing facility" means a facility that is
77.21registered by the United States Food and Drug Administration pursuant to United States
77.22Code, title 21, section 353b.
77.23    Subd. 15. Pharmacist intern. The term "pharmacist intern" means (1) a natural
77.24person satisfactorily progressing toward the degree in pharmacy required for licensure, or
77.25(2) a graduate of the University of Minnesota College of Pharmacy, or other pharmacy
77.26college approved by the board, who is registered by the State Board of Pharmacy for the
77.27purpose of obtaining practical experience as a requirement for licensure as a pharmacist,
77.28or (3) a qualified applicant awaiting examination for licensure.
77.29    Subd. 15a. Pharmacy technician. The term "pharmacy technician" means a person
77.30not licensed as a pharmacist or a pharmacist intern, who assists the pharmacist in the
77.31preparation and dispensing of medications by performing computer entry of prescription
77.32data and other manipulative tasks. A pharmacy technician shall not perform tasks
77.33specifically reserved to a licensed pharmacist or requiring professional judgment.
77.34    Subd. 16. Prescription drug order. The term "prescription drug order" means a
77.35signed lawful written order, or an, oral, or electronic order reduced to writing, given by of
77.36 a practitioner licensed to prescribe drugs for patients in the course of the practitioner's
78.1practice, issued for an individual patient and containing the following: the date of issue,
78.2name and address of the patient, name and quantity of the drug prescribed, directions
78.3for use, and the name and address of the prescriber. for a drug for a specific patient.
78.4Prescription drug orders for controlled substances must be prepared in accordance with the
78.5provisions of section 152.11 and the federal Controlled Substances Act and the regulations
78.6promulgated thereunder.
78.7    Subd. 16a. Prescription. The term "prescription" means a prescription drug order
78.8that is written or printed on paper, an oral order reduced to writing by a pharmacist, or an
78.9electronic order. To be valid, a prescription must be issued for an individual patient by
78.10a practitioner within the scope and usual course of the practitioner's practice, and must
78.11contain the date of issue, name and address of the patient, name and quantity of the drug
78.12prescribed, directions for use, the name and address of the practitioner, and a telephone
78.13number at which the practitioner can be reached. A prescription written or printed on
78.14paper that is given to the patient or an agent of the patient or that is transmitted by fax
78.15must contain the practitioner's manual signature. An electronic prescription must contain
78.16the practitioner's electronic signature.
78.17    Subd. 16b. Chart order. The term "chart order" means a prescription drug order for
78.18a drug that is to be dispensed by a pharmacist, or by a pharmacist intern under the direct
78.19supervision of a pharmacist, and administered by an authorized person only during the
78.20patient's stay in a hospital or long-term care facility. The chart order shall contain the name
78.21of the patient, another patient identifier such as birth date or medical record number, the
78.22drug ordered, and any directions that the practitioner may prescribe concerning strength,
78.23dosage, frequency, and route of administration. The manual or electronic signature of the
78.24practitioner must be affixed to the chart order at the time it is written or at a later date in
78.25the case of verbal chart orders.
78.26    Subd. 17. Legend drug. "Legend drug" means a drug which that is required by
78.27federal law to bear the following statement, "Caution: Federal law prohibits dispensing
78.28without prescription." be dispensed only pursuant to the prescription of a licensed
78.29practitioner.
78.30    Subd. 18. Label. "Label" means a display of written, printed, or graphic matter
78.31upon the immediate container of any drug or medicine; and a requirement made by or
78.32under authority of Laws 1969, chapter 933 that. Any word, statement, or other information
78.33appearing required by or under the authority of this chapter to appear on the label shall not
78.34be considered to be complied with unless such word, statement, or other information also
78.35appears appear on the outside container or wrapper, if any there be, of the retail package of
78.36such drug or medicine, or is be easily legible through the outside container or wrapper.
79.1    Subd. 19. Package. "Package" means any container or wrapping in which any
79.2drug or medicine is enclosed for use in the delivery or display of that article to retail
79.3purchasers, but does not include:
79.4(a) shipping containers or wrappings used solely for the transportation of any such
79.5article in bulk or in quantity to manufacturers, packers, processors, or wholesale or
79.6retail distributors;
79.7(b) shipping containers or outer wrappings used by retailers to ship or deliver any
79.8such article to retail customers if such containers and wrappings bear no printed matter
79.9pertaining to any particular drug or medicine.
79.10    Subd. 20. Labeling. "Labeling" means all labels and other written, printed, or
79.11graphic matter (a) upon a drug or medicine or any of its containers or wrappers, or (b)
79.12accompanying such article.
79.13    Subd. 21. Federal act. "Federal act" means the Federal Food, Drug, and Cosmetic
79.14Act, United States Code, title 21, section 301, et seq., as amended.
79.15    Subd. 22. Pharmacist in charge. "Pharmacist in charge" means a duly licensed
79.16pharmacist in the state of Minnesota who has been designated in accordance with the rules
79.17of the State Board of Pharmacy to assume professional responsibility for the operation
79.18of the pharmacy in compliance with the requirements and duties as established by the
79.19board in its rules.
79.20    Subd. 23. Practitioner. "Practitioner" means a licensed doctor of medicine, licensed
79.21doctor of osteopathy duly licensed to practice medicine, licensed doctor of dentistry,
79.22licensed doctor of optometry, licensed podiatrist, or licensed veterinarian. For purposes of
79.23sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraphs
79.24(b), (e), and (f); and 151.461, "practitioner" also means a physician assistant authorized to
79.25prescribe, dispense, and administer under chapter 147A, or an advanced practice nurse
79.26authorized to prescribe, dispense, and administer under section 148.235. For purposes of
79.27sections 151.15, subdivision 4; 151.252, subdivision 3; 151.37, subdivision 2, paragraph
79.28(b); and 151.461, "practitioner" also means a dental therapist authorized to dispense and
79.29administer under chapter 150A.
79.30    Subd. 24. Brand name. "Brand name" means the registered trademark name given
79.31to a drug product by its manufacturer, labeler or distributor.
79.32    Subd. 25. Generic name. "Generic name" means the established name or official
79.33name of a drug or drug product.
79.34    Subd. 26. Finished dosage form. "Finished dosage form" means that form of a
79.35drug which that is or is intended to be dispensed or administered to the patient and requires
79.36no further manufacturing or processing other than packaging, reconstitution, or labeling.
80.1    Subd. 27. Practice of pharmacy. "Practice of pharmacy" means:
80.2    (1) interpretation and evaluation of prescription drug orders;
80.3    (2) compounding, labeling, and dispensing drugs and devices (except labeling by
80.4a manufacturer or packager of nonprescription drugs or commercially packaged legend
80.5drugs and devices);
80.6    (3) participation in clinical interpretations and monitoring of drug therapy for
80.7assurance of safe and effective use of drugs, including the performance of laboratory tests
80.8that are waived under the federal Clinical Laboratory Improvement Act of 1988, United
80.9States Code, title 42, section 263a et seq., provided that a pharmacist may interpret the
80.10results of laboratory tests but may modify drug therapy only pursuant to a protocol or
80.11collaborative practice agreement;
80.12    (4) participation in drug and therapeutic device selection; drug administration for first
80.13dosage and medical emergencies; drug regimen reviews; and drug or drug-related research;
80.14    (5) participation in administration of influenza vaccines to all eligible individuals ten
80.15years of age and older and all other vaccines to patients 18 years of age and older under
80.16standing orders from a physician licensed under chapter 147 or by written protocol with a
80.17physician licensed under chapter 147, a physician assistant authorized to prescribe drugs
80.18under chapter 147A, or an advanced practice nurse authorized to prescribe drugs under
80.19section 148.235, provided that:
80.20(i) the protocol includes, at a minimum:
80.21(A) the name, dose, and route of each vaccine that may be given;
80.22(B) the patient population for whom the vaccine may be given;
80.23(C) contraindications and precautions to the vaccine;
80.24(D) the procedure for handling an adverse reaction;
80.25(E) the name, signature, and address of the physician, physician assistant, or
80.26advanced nurse practitioner;
80.27(F) a telephone number at which the physician, physician assistant, or advanced
80.28nurse practitioner can be contacted; and
80.29(G) the date and time period for which the protocol is valid;
80.30    (i) (ii) the pharmacist is trained in has successfully completed a program approved
80.31by the American Accreditation Council of Pharmaceutical for Pharmacy Education
80.32specifically for the administration of immunizations or graduated from a college of
80.33pharmacy in 2001 or thereafter a program approved by the board; and
80.34    (ii) (iii) the pharmacist reports the administration of the immunization to the patient's
80.35primary physician or clinic or to the Minnesota Immunization Information Connection; and
81.1(iv) the pharmacist complies with guidelines for vaccines and immunizations
81.2established by the federal Advisory Committee on Immunization Practices, except that a
81.3pharmacist does not need to comply with those portions of the guidelines that establish
81.4immunization schedules when administering a vaccine pursuant to a valid, patient-specific
81.5order issued by a physician licensed under chapter 147, a physician assistant authorized to
81.6prescribe drugs under chapter 147A, or an advanced practice nurse authorized to prescribe
81.7drugs under section 148.235, provided that the order is consistent with the United States
81.8Food and Drug Administration approved labeling of the vaccine;
81.9    (6) participation in the practice of managing drug therapy and modifying initiation,
81.10management, modification, and discontinuation of drug therapy, according to section
81.11151.21, subdivision 1, according to a written protocol or collaborative practice agreement
81.12between the specific pharmacist: (i) one or more pharmacists and the individual dentist,
81.13optometrist, physician, podiatrist, or veterinarian who is responsible for the patient's
81.14care and authorized to independently prescribe drugs one or more dentists, optometrists,
81.15physicians, podiatrists, or veterinarians; or (ii) one or more pharmacists and one or more
81.16physician assistants authorized to prescribe, dispense, and administer under chapter 147A,
81.17or advanced practice nurses authorized to prescribe, dispense, and administer under
81.18section 148.235. Any significant changes in drug therapy made pursuant to a protocol or
81.19collaborative practice agreement must be reported documented by the pharmacist to in
81.20 the patient's medical record or reported by the pharmacist to a practitioner responsible
81.21for the patient's care;
81.22    (7) participation in the storage of drugs and the maintenance of records;
81.23    (8) responsibility for participation in patient counseling on therapeutic values,
81.24content, hazards, and uses of drugs and devices; and
81.25    (9) offering or performing those acts, services, operations, or transactions necessary
81.26in the conduct, operation, management, and control of a pharmacy.
81.27    Subd. 27a. Protocol. "Protocol" means:
81.28(1) a specific written plan that describes the nature and scope of activities that a
81.29pharmacist may engage in when initiating, managing, modifying, or discontinuing drug
81.30therapy as allowed in subdivision 27, clause (6); or
81.31(2) a specific written plan that authorizes a pharmacist to administer vaccines and
81.32that complies with subdivision 27, clause (5).
81.33    Subd. 27b. Collaborative practice. "Collaborative practice" means patient care
81.34activities, consistent with subdivision 27, engaged in by one or more pharmacists who
81.35have agreed to work in collaboration with one or more practitioners to initiate, manage,
82.1and modify drug therapy under specified conditions mutually agreed to by the pharmacists
82.2and practitioners.
82.3    Subd. 27c. Collaborative practice agreement. "Collaborative practice agreement"
82.4means a written and signed agreement between one or more pharmacists and one or more
82.5practitioners that allows the pharmacist or pharmacists to engage in collaborative practice.
82.6    Subd. 28. Veterinary legend drug. "Veterinary legend drug" means a drug that is
82.7required by federal law to bear the following statement: "Caution: Federal law restricts
82.8this drug to use by or on the order of a licensed veterinarian." be dispensed only pursuant
82.9to the prescription of a licensed veterinarian.
82.10    Subd. 29. Legend medical gas. "Legend medical gas" means a liquid or gaseous
82.11substance used for medical purposes and that is required by federal law to bear the
82.12following statement: "Caution: Federal law prohibits dispensing without a prescription."
82.13 be dispensed only pursuant to the prescription of a licensed practitioner.
82.14    Subd. 30. Dispense or dispensing. "Dispense or dispensing" means the preparation
82.15or delivery of a drug pursuant to a lawful order of a practitioner in a suitable container
82.16appropriately labeled for subsequent administration to or use by a patient or other individual
82.17entitled to receive the drug. interpretation, evaluation, and processing of a prescription
82.18drug order and includes those processes specified by the board in rule that are necessary
82.19for the preparation and provision of a drug to a patient or patient's agent in a suitable
82.20container appropriately labeled for subsequent administration to, or use by, a patient.
82.21    Subd. 31. Central service pharmacy. "Central service pharmacy" means a
82.22pharmacy that may provide dispensing functions, drug utilization review, packaging,
82.23labeling, or delivery of a prescription product to another pharmacy for the purpose of
82.24filling a prescription.
82.25    Subd. 32. Electronic signature. "Electronic signature" means an electronic sound,
82.26symbol, or process attached to or associated with a record and executed or adopted by a
82.27person with the intent to sign the record.
82.28    Subd. 33. Electronic transmission. "Electronic transmission" means transmission
82.29of information in electronic form.
82.30    Subd. 34. Health professional shortage area. "Health professional shortage area"
82.31means an area designated as such by the federal Secretary of Health and Human Services,
82.32as provided under Code of Federal Regulations, title 42, part 5, and United States Code,
82.33title 42, section 254E.
82.34    Subd. 35. Compounding. "Compounding" means preparing, mixing, assembling,
82.35packaging, and labeling a drug for an identified individual patient as a result of
82.36a practitioner's prescription drug order. Compounding also includes anticipatory
83.1compounding, as defined in this section, and the preparation of drugs in which all bulk
83.2drug substances and components are nonprescription substances. Compounding does
83.3not include mixing or reconstituting a drug according to the product's labeling or to the
83.4manufacturer's directions. Compounding does not include the preparation of a drug for the
83.5purpose of, or incident to, research, teaching, or chemical analysis, provided that the drug
83.6is not prepared for dispensing or administration to patients. All compounding, regardless
83.7of the type of product, must be done pursuant to a prescription drug order unless otherwise
83.8permitted in this chapter or by the rules of the board.
83.9    Subd. 36. Anticipatory compounding. "Anticipatory compounding" means the
83.10preparation by a pharmacy of a supply of a compounded drug product that is sufficient to
83.11meet the short-term anticipated need of the pharmacy for the filling of prescription drug
83.12orders. In the case of practitioners only, anticipatory compounding means the preparation
83.13of a supply of a compounded drug product that is sufficient to meet the practitioner's
83.14short-term anticipated need for dispensing or administering the drug to patients treated
83.15by the practitioner. Anticipatory compounding is not the preparation of a compounded
83.16drug product for wholesale distribution.
83.17    Subd. 37. Extemporaneous compounding. "Extemporaneous compounding"
83.18means the compounding of a drug product pursuant to a prescription drug order for a specific
83.19patient that is issued in advance of the compounding. Extemporaneous compounding is
83.20not the preparation of a compounded drug product for wholesale distribution.
83.21    Subd. 38. Compounded positron emission tomography drug. "Compounded
83.22positron emission tomography drug" means a drug that:
83.23(1) exhibits spontaneous disintegration of unstable nuclei by the emission of
83.24positrons and is used for the purpose of providing dual photon positron emission
83.25tomographic diagnostic images;
83.26(2) has been compounded by or on the order of a practitioner in accordance with the
83.27relevant parts of Minnesota Rules, chapters 4731 and 6800, for a patient or for research,
83.28teaching, or quality control; and
83.29(3) includes any nonradioactive reagent, reagent kit, ingredient, nuclide generator,
83.30accelerator, target material, electronic synthesizer, or other apparatus or computer program
83.31to be used in the preparation of such a drug.

83.32    Sec. 2. Minnesota Statutes 2012, section 151.06, is amended to read:
83.33151.06 POWERS AND DUTIES.
83.34    Subdivision 1. Generally; rules. (a) Powers and duties. The Board of Pharmacy
83.35shall have the power and it shall be its duty:
84.1    (1) to regulate the practice of pharmacy;
84.2    (2) to regulate the manufacture, wholesale, and retail sale of drugs within this state;
84.3    (3) to regulate the identity, labeling, purity, and quality of all drugs and medicines
84.4dispensed in this state, using the United States Pharmacopeia and the National Formulary,
84.5or any revisions thereof, or standards adopted under the federal act as the standard;
84.6    (4) to enter and inspect by its authorized representative any and all places where
84.7drugs, medicines, medical gases, or veterinary drugs or devices are sold, vended, given
84.8away, compounded, dispensed, manufactured, wholesaled, or held; it may secure samples
84.9or specimens of any drugs, medicines, medical gases, or veterinary drugs or devices
84.10after paying or offering to pay for such sample; it shall be entitled to inspect and make
84.11copies of any and all records of shipment, purchase, manufacture, quality control, and
84.12sale of these items provided, however, that such inspection shall not extend to financial
84.13data, sales data, or pricing data;
84.14    (5) to examine and license as pharmacists all applicants whom it shall deem qualified
84.15to be such;
84.16    (6) to license wholesale drug distributors;
84.17    (7) to deny, suspend, revoke, or refuse to renew take disciplinary action against any
84.18registration or license required under this chapter, to any applicant or registrant or licensee
84.19 upon any of the following grounds: listed in section 151.071, and in accordance with
84.20the provisions of section 151.071;
84.21    (i) fraud or deception in connection with the securing of such license or registration;
84.22    (ii) in the case of a pharmacist, conviction in any court of a felony;
84.23    (iii) in the case of a pharmacist, conviction in any court of an offense involving
84.24moral turpitude;
84.25    (iv) habitual indulgence in the use of narcotics, stimulants, or depressant drugs;
84.26or habitual indulgence in intoxicating liquors in a manner which could cause conduct
84.27endangering public health;
84.28    (v) unprofessional conduct or conduct endangering public health;
84.29    (vi) gross immorality;
84.30    (vii) employing, assisting, or enabling in any manner an unlicensed person to
84.31practice pharmacy;
84.32    (viii) conviction of theft of drugs, or the unauthorized use, possession, or sale thereof;
84.33    (ix) violation of any of the provisions of this chapter or any of the rules of the State
84.34Board of Pharmacy;
84.35    (x) in the case of a pharmacy license, operation of such pharmacy without a
84.36pharmacist present and on duty;
85.1    (xi) in the case of a pharmacist, physical or mental disability which could cause
85.2incompetency in the practice of pharmacy;
85.3    (xii) in the case of a pharmacist, the suspension or revocation of a license to practice
85.4pharmacy in another state; or
85.5    (xiii) in the case of a pharmacist, aiding suicide or aiding attempted suicide in
85.6violation of section 609.215 as established by any of the following:
85.7    (A) a copy of the record of criminal conviction or plea of guilty for a felony in
85.8violation of section 609.215, subdivision 1 or 2;
85.9    (B) a copy of the record of a judgment of contempt of court for violating an
85.10injunction issued under section 609.215, subdivision 4;
85.11    (C) a copy of the record of a judgment assessing damages under section 609.215,
85.12subdivision 5 ; or
85.13    (D) a finding by the board that the person violated section 609.215, subdivision
85.141 or 2. The board shall investigate any complaint of a violation of section 609.215,
85.15subdivision 1 or 2;
85.16    (8) to employ necessary assistants and adopt rules for the conduct of its business;
85.17    (9) to register as pharmacy technicians all applicants who the board determines are
85.18qualified to carry out the duties of a pharmacy technician; and
85.19    (10) to perform such other duties and exercise such other powers as the provisions of
85.20the act may require.; and
85.21(11) to enter and inspect any business to which it issues a license or registration.
85.22    (b) Temporary suspension. In addition to any other remedy provided by law, the board
85.23may, without a hearing, temporarily suspend a license for not more than 60 days if the board
85.24finds that a pharmacist has violated a statute or rule that the board is empowered to enforce
85.25and continued practice by the pharmacist would create an imminent risk of harm to others.
85.26The suspension shall take effect upon written notice to the pharmacist, specifying the
85.27statute or rule violated. At the time it issues the suspension notice, the board shall schedule
85.28a disciplinary hearing to be held under the Administrative Procedure Act. The pharmacist
85.29shall be provided with at least 20 days' notice of any hearing held under this subdivision.
85.30    (c) (b) Rules. For the purposes aforesaid, it shall be the duty of the board to make
85.31and publish uniform rules not inconsistent herewith for carrying out and enforcing
85.32the provisions of this chapter. The board shall adopt rules regarding prospective drug
85.33utilization review and patient counseling by pharmacists. A pharmacist in the exercise of
85.34the pharmacist's professional judgment, upon the presentation of a new prescription by a
85.35patient or the patient's caregiver or agent, shall perform the prospective drug utilization
85.36review required by rules issued under this subdivision.
86.1(d) (c) Substitution; rules. If the United States Food and Drug Administration
86.2(FDA) determines that the substitution of drugs used for the treatment of epilepsy or
86.3seizures poses a health risk to patients, the board shall adopt rules in accordance with
86.4accompanying FDA interchangeability standards regarding the use of substitution for
86.5these drugs. If the board adopts a rule regarding the substitution of drugs used for the
86.6treatment of epilepsy or seizures that conflicts with the substitution requirements of
86.7section 151.21, subdivision 3, the rule shall supersede the conflicting statute. If the rule
86.8proposed by the board would increase state costs for state public health care programs,
86.9the board shall report to the chairs and ranking minority members of the senate Health
86.10and Human Services Budget Division and the house of representatives Health Care and
86.11Human Services Finance Division the proposed rule and the increased cost associated
86.12with the proposed rule before the board may adopt the rule.
86.13    Subd. 1a. Disciplinary action Cease and desist orders. It shall be grounds for
86.14disciplinary action by the Board of Pharmacy against the registration of the pharmacy if
86.15the Board of Pharmacy determines that any person with supervisory responsibilities at the
86.16pharmacy sets policies that prevent a licensed pharmacist from providing drug utilization
86.17review and patient counseling as required by rules adopted under subdivision 1. The
86.18Board of Pharmacy shall follow the requirements of chapter 14 in any disciplinary actions
86.19taken under this section. (a) Whenever it appears to the board that a person has engaged in
86.20an act or practice constituting a violation of a law, rule, or other order related to the duties
86.21and responsibilities entrusted to the board, the board may issue and cause to be served
86.22upon the person an order requiring the person to cease and desist from violations.
86.23(b) The cease and desist order must state the reasons for the issuance of the order
86.24and must give reasonable notice of the rights of the person to request a hearing before
86.25an administrative law judge. A hearing must be held not later than ten days after the
86.26request for the hearing is received by the board. After the completion of the hearing,
86.27the administrative law judge shall issue a report within ten days. Within 15 days after
86.28receiving the report of the administrative law judge, the board shall issue a further order
86.29vacating or making permanent the cease and desist order. The time periods provided in
86.30this provision may be waived by agreement of the executive director of the board and the
86.31person against whom the cease and desist order was issued. If the person to whom a cease
86.32and desist order is issued fails to appear at the hearing after being duly notified, the person
86.33is in default, and the proceeding may be determined against that person upon consideration
86.34of the cease and desist order, the allegations of which may be considered to be true. Unless
86.35otherwise provided, all hearings must be conducted according to chapter 14. The board
86.36may adopt rules of procedure concerning all proceedings conducted under this subdivision.
87.1(c) If no hearing is requested within 30 days of service of the order, the cease and
87.2desist order will become permanent.
87.3(d) A cease and desist order issued under this subdivision remains in effect until
87.4it is modified or vacated by the board. The administrative proceeding provided by this
87.5subdivision, and subsequent appellate judicial review of that administrative proceeding,
87.6constitutes the exclusive remedy for determining whether the board properly issued the
87.7cease and desist order and whether the cease and desist order should be vacated or made
87.8permanent.
87.9    Subd. 1b. Enforcement of violations of cease and desist orders. (a) Whenever
87.10the board under subdivision 1a seeks to enforce compliance with a cease and desist
87.11order that has been made permanent, the allegations of the cease and desist order are
87.12considered conclusively established for purposes of proceeding under subdivision 1a for
87.13permanent or temporary relief to enforce the cease and desist order. Whenever the board
87.14under subdivision 1a seeks to enforce compliance with a cease and desist order when a
87.15hearing or hearing request on the cease and desist order is pending, or the time has not
87.16yet expired to request a hearing on whether a cease and desist order should be vacated or
87.17made permanent, the allegations in the cease and desist order are considered conclusively
87.18established for the purposes of proceeding under subdivision 1a for temporary relief to
87.19enforce the cease and desist order.
87.20(b) Notwithstanding this subdivision or subdivision 1a, the person against whom
87.21the cease and desist order is issued and who has requested a hearing under subdivision 1a
87.22may, within 15 days after service of the cease and desist order, bring an action in Ramsey
87.23County District Court for issuance of an injunction to suspend enforcement of the cease
87.24and desist order pending a final decision of the board under subdivision 1a to vacate or
87.25make permanent the cease and desist order. The court shall determine whether to issue
87.26such an injunction based on traditional principles of temporary relief.
87.27    Subd. 2. Application. In the case of a facility licensed or registered by the board,
87.28the provisions of subdivision 1 shall apply to an individual owner or sole proprietor and
87.29shall also apply to the following:
87.30(1) In the case of a partnership, each partner thereof;
87.31(2) In the case of an association, each member thereof;
87.32(3) In the case of a corporation, each officer or director thereof and each shareholder
87.33owning 30 percent or more of the voting stock of such corporation.
87.34    Subd. 3. Application of Administrative Procedure Act. The board shall comply
87.35with the provisions of chapter 14, before it fails to issue, renew, suspends, or revokes any
87.36license or registration issued under this chapter.
88.1    Subd. 4. Reinstatement. Any license or registration which has been suspended
88.2or revoked may be reinstated by the board provided the holder thereof shall pay all costs
88.3of the proceedings resulting in the suspension or revocation, and, in addition thereto,
88.4pay a fee set by the board.
88.5    Subd. 5. Costs; penalties. The board may impose a civil penalty not exceeding
88.6$10,000 for each separate violation, the amount of the civil penalty to be fixed so as
88.7to deprive a licensee or registrant of any economic advantage gained by reason of
88.8the violation, to discourage similar violations by the licensee or registrant or any other
88.9licensee or registrant, or to reimburse the board for the cost of the investigation and
88.10proceeding, including, but not limited to, fees paid for services provided by the Office of
88.11Administrative Hearings, legal and investigative services provided by the Office of the
88.12Attorney General, court reporters, witnesses, reproduction of records, board members'
88.13per diem compensation, board staff time, and travel costs and expenses incurred by board
88.14staff and board members.

88.15    Sec. 3. [151.071] DISCIPLINARY ACTION.
88.16    Subdivision 1. Forms of disciplinary action. When the board finds that a licensee,
88.17registrant, or applicant has engaged in conduct prohibited under subdivision 2, it may
88.18do one or more of the following:
88.19(1) deny the issuance of a license or registration;
88.20(2) refuse to renew a license or registration;
88.21(3) revoke the license or registration;
88.22(4) suspend the license or registration;
88.23(5) impose limitations, conditions, or both on the license or registration, including
88.24but not limited to: the limitation of practice designated settings; the imposition of
88.25retraining or rehabilitation requirements; the requirement of practice under supervision;
88.26the requirement of participation in a diversion program such as that established pursuant to
88.27section 214.31 or the conditioning of continued practice on demonstration of knowledge
88.28or skills by appropriate examination or other review of skill and competence;
88.29(6) impose a civil penalty not exceeding $10,000 for each separate violation, the
88.30amount of the civil penalty to be fixed so as to deprive a licensee or registrant of any
88.31economic advantage gained by reason of the violation, to discourage similar violations
88.32by the licensee or registrant or any other licensee or registrant, or to reimburse the board
88.33for the cost of the investigation and proceeding, including but not limited to, fees paid
88.34for services provided by the Office of Administrative Hearings, legal and investigative
88.35services provided by the Office of the Attorney General, court reporters, witnesses,
89.1reproduction of records, board members' per diem compensation, board staff time, and
89.2travel costs and expenses incurred by board staff and board members; and
89.3(7) reprimand the licensee or registrant.
89.4    Subd. 2. Grounds for disciplinary action. The following conduct is prohibited and
89.5is grounds for disciplinary action:
89.6(1) failure to demonstrate the qualifications or satisfy the requirements for a license
89.7or registration contained in this chapter or the rules of the board. The burden of proof is on
89.8the applicant to demonstrate such qualifications or satisfaction of such requirements;
89.9(2) obtaining a license by fraud or by misleading the board in any way during
89.10the application process or obtaining a license by cheating, or attempting to subvert
89.11the licensing examination process. Conduct that subverts or attempts to subvert the
89.12licensing examination process includes, but is not limited to: (i) conduct that violates the
89.13security of the examination materials, such as removing examination materials from the
89.14examination room or having unauthorized possession of any portion of a future, current,
89.15or previously administered licensing examination; (ii) conduct that violates the standard of
89.16test administration, such as communicating with another examinee during administration
89.17of the examination, copying another examinee's answers, permitting another examinee
89.18to copy one's answers, or possessing unauthorized materials; or (iii) impersonating an
89.19examinee or permitting an impersonator to take the examination on one's own behalf;
89.20(3) for a pharmacist, pharmacy technician, pharmacist intern, applicant for a
89.21pharmacist or pharmacy license, or applicant for a pharmacy technician or pharmacist
89.22intern registration, conviction of a felony reasonably related to the practice of pharmacy.
89.23Conviction as used in this subdivision includes a conviction of an offense that if committed
89.24in this state would be deemed a felony without regard to its designation elsewhere, or
89.25a criminal proceeding where a finding or verdict of guilt is made or returned but the
89.26adjudication of guilt is either withheld or not entered thereon. The board may delay the
89.27issuance of a new license or registration if the applicant has been charged with a felony
89.28until the matter has been adjudicated;
89.29(4) for a facility, other than a pharmacy, licensed or registered by the board, if an
89.30owner or applicant is convicted of a felony reasonably related to the operation of the
89.31facility. The board may delay the issuance of a new license or registration if the owner or
89.32applicant has been charged with a felony until the matter has been adjudicated;
89.33(5) for a controlled substance researcher, conviction of a felony reasonably related
89.34to controlled substances or to the practice of the researcher's profession. The board may
89.35delay the issuance of a registration if the applicant has been charged with a felony until
89.36the matter has been adjudicated;
90.1(6) disciplinary action taken by another state or by one of this state's health licensing
90.2agencies:
90.3(i) revocation, suspension, restriction, limitation, or other disciplinary action against
90.4a license or registration in another state or jurisdiction, failure to report to the board that
90.5charges or allegations regarding the person's license or registration have been brought in
90.6another state or jurisdiction, or having been refused a license or registration by any other
90.7state or jurisdiction. The board may delay the issuance of a new license or registration if
90.8an investigation or disciplinary action is pending in another state or jurisdiction until the
90.9investigation or action has been dismissed or otherwise resolved; and
90.10(ii) revocation, suspension, restriction, limitation, or other disciplinary action against
90.11a license or registration issued by another of this state's health licensing agencies, failure
90.12to report to the board that charges regarding the person's license or registration have been
90.13brought by another of this state's health licensing agencies, or having been refused a
90.14license or registration by another of this state's health licensing agencies. The board may
90.15delay the issuance of a new license or registration if a disciplinary action is pending before
90.16another of this state's health licensing agencies until the action has been dismissed or
90.17otherwise resolved;
90.18(7) for a pharmacist, pharmacy, pharmacy technician, or pharmacist intern, violation
90.19of any order of the board, of any of the provisions of this chapter or any rules of the
90.20board or violation of any federal, state, or local law or rule reasonably pertaining to the
90.21practice of pharmacy;
90.22(8) for a facility, other than a pharmacy, licensed by the board, violations of any
90.23order of the board, of any of the provisions of this chapter or the rules of the board or
90.24violation of any federal, state, or local law relating to the operation of the facility;
90.25(9) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
90.26the public, or demonstrating a willful or careless disregard for the health, welfare, or safety
90.27of a patient; or pharmacy practice that is professionally incompetent, in that it may create
90.28unnecessary danger to any patient's life, health, or safety, in any of which cases, proof
90.29of actual injury need not be established;
90.30(10) aiding or abetting an unlicensed person in the practice of pharmacy, except
90.31that it is not a violation of this clause for a pharmacist to supervise a properly registered
90.32pharmacy technician or pharmacist intern if that person is performing duties allowed
90.33by this chapter or the rules of the board;
90.34(11) for an individual licensed or registered by the board, adjudication as mentally ill
90.35or developmentally disabled, or as a chemically dependent person, a person dangerous
90.36to the public, a sexually dangerous person, or a person who has a sexual psychopathic
91.1personality, by a court of competent jurisdiction, within or without this state. Such
91.2adjudication shall automatically suspend a license for the duration thereof unless the
91.3board orders otherwise;
91.4(12) for a pharmacist or pharmacy intern, engaging in unprofessional conduct as
91.5specified in the board's rules. In the case of a pharmacy technician, engaging in conduct
91.6specified in board rules that would be unprofessional if it were engaged in by a pharmacist
91.7or pharmacist intern or performing duties specifically reserved for pharmacists under this
91.8chapter or the rules of the board;
91.9(13) for a pharmacy, operation of the pharmacy without a pharmacist present and on
91.10duty except as allowed by a variance approved by the board;
91.11(14) for a pharmacist, the inability to practice pharmacy with reasonable skill and
91.12safety to patients by reason of illness, drunkenness, use of drugs, narcotics, chemicals, or
91.13any other type of material or as a result of any mental or physical condition, including
91.14deterioration through the aging process or loss of motor skills. In the case of registered
91.15pharmacy technicians, pharmacist interns, or controlled substance researchers, the
91.16inability to carry out duties allowed under this chapter or the rules of the board with
91.17reasonable skill and safety to patients by reason of illness, drunkenness, use of drugs,
91.18narcotics, chemicals, or any other type of material or as a result of any mental or physical
91.19condition, including deterioration through the aging process or loss of motor skills;
91.20(15) for a pharmacist, pharmacy, pharmacist intern, pharmacy technician, medical
91.21gas distributor, or controlled substance researcher, revealing a privileged communication
91.22from or relating to a patient except when otherwise required or permitted by law;
91.23(16) for a pharmacist or pharmacy, improper management of patient records,
91.24including failure to maintain adequate patient records, to comply with a patient's request
91.25made pursuant to sections 144.291 to 144.298, or to furnish a patient record or report
91.26required by law;
91.27(17) paying, offering to pay, receiving, or agreeing to receive, a commission, rebate,
91.28kickback, or other form of remuneration, directly or indirectly, for the referral of patients
91.29or the dispensing of drugs or devices;
91.30(18) engaging in abusive or fraudulent billing practices, including violations of the
91.31federal Medicare and Medicaid laws or state medical assistance laws or rules;
91.32(19) engaging in conduct with a patient that is sexual or may reasonably be
91.33interpreted by the patient as sexual, or in any verbal behavior that is seductive or sexually
91.34demeaning to a patient;
91.35(20) failure to make reports as required by section 151.072 or to cooperate with an
91.36investigation of the board as required by section 151.074;
92.1(21) knowingly providing false or misleading information that is directly related
92.2to the care of a patient unless done for an accepted therapeutic purpose such as the
92.3dispensing and administration of a placebo;
92.4(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as
92.5established by any of the following:
92.6(i) a copy of the record of criminal conviction or plea of guilty for a felony in
92.7violation of section 609.215, subdivision 1 or 2;
92.8(ii) a copy of the record of a judgment of contempt of court for violating an
92.9injunction issued under section 609.215, subdivision 4;
92.10(iii) a copy of the record of a judgment assessing damages under section 609.215,
92.11subdivision 5; or
92.12(iv) a finding by the board that the person violated section 609.215, subdivision
92.131 or 2. The board shall investigate any complaint of a violation of section 609.215,
92.14subdivision 1 or 2;
92.15(23) for a pharmacist, practice of pharmacy under a lapsed or nonrenewed license.
92.16For a pharmacist intern, pharmacy technician, or controlled substance researcher,
92.17performing duties permitted to such individuals by this chapter or the rules of the board
92.18under a lapsed or nonrenewed registration. For a facility required to be licensed under this
92.19chapter, operation of the facility under a lapsed or nonrenewed license or registration; and
92.20(24) for a pharmacist, pharmacist intern, or pharmacy technician, termination
92.21or discharge from the health professional services program for reasons other than the
92.22satisfactory completion of the program.
92.23    Subd. 3. Automatic suspension. (a) A license or registration issued under this
92.24chapter to a pharmacist, pharmacist intern, pharmacy technician, or controlled substance
92.25researcher is automatically suspended if: (1) a guardian of a licensee or registrant is
92.26appointed by order of a court pursuant to sections 524.5-101 to 524.5-502, for reasons
92.27other than the minority of the licensee or registrant; or (2) the licensee or registrant is
92.28committed by order of a court pursuant to chapter 253B. The license or registration
92.29remains suspended until the licensee is restored to capacity by a court and, upon petition
92.30by the licensee or registrant, the suspension is terminated by the board after a hearing.
92.31(b) For a pharmacist, pharmacy intern, or pharmacy technician, upon notice to the
92.32board of a judgment of, or a plea of guilty to, a felony reasonably related to the practice
92.33of pharmacy, the license or registration of the regulated person may be automatically
92.34suspended by the board. The license or registration will remain suspended until, upon
92.35petition by the regulated individual and after a hearing, the suspension is terminated by
92.36the board. The board may indefinitely suspend or revoke the license or registration of the
93.1regulated individual if, after a hearing before the board, the board finds that the felonious
93.2conduct would cause a serious risk of harm to the public.
93.3(c) For a facility that is licensed or registered by the board, upon notice to the
93.4board that an owner of the facility is subject to a judgment of, or a plea of guilty to,
93.5a felony reasonably related to the operation of the facility, the license or registration of
93.6the facility may be automatically suspended by the board. The license or registration will
93.7remain suspended until, upon petition by the facility and after a hearing, the suspension
93.8is terminated by the board. The board may indefinitely suspend or revoke the license or
93.9registration of the facility if, after a hearing before the board, the board finds that the
93.10felonious conduct would cause a serious risk of harm to the public.
93.11(d) For licenses and registrations that have been suspended or revoked pursuant
93.12to paragraphs (a) and (b), the regulated individual may have a license or registration
93.13reinstated, either with or without restrictions, by demonstrating clear and convincing
93.14evidence of rehabilitation, as provided in section 364.03. If the regulated individual has
93.15the conviction subsequently overturned by court decision, the board shall conduct a
93.16hearing to review the suspension within 30 days after the receipt of the court decision.
93.17The regulated individual is not required to prove rehabilitation if the subsequent court
93.18decision overturns previous court findings of public risk.
93.19(e) For licenses and registrations that have been suspended or revoked pursuant to
93.20paragraph (c), the regulated facility may have a license or registration reinstated, either with
93.21or without restrictions, conditions, or limitations, by demonstrating clear and convincing
93.22evidence of rehabilitation of the convicted owner, as provided in section 364.03. If the
93.23convicted owner has the conviction subsequently overturned by court decision, the board
93.24shall conduct a hearing to review the suspension within 30 days after receipt of the court
93.25decision. The regulated facility is not required to prove rehabilitation of the convicted
93.26owner if the subsequent court decision overturns previous court findings of public risk.
93.27(f) The board may, upon majority vote of a quorum of its appointed members,
93.28suspend the license or registration of a regulated individual without a hearing if the
93.29regulated individual fails to maintain a current name and address with the board, as
93.30described in paragraphs (h) and (i), while the regulated individual is: (1) under board
93.31investigation, and a notice of conference has been issued by the board; (2) party to a
93.32contested case with the board; (3) party to an agreement for corrective action with the
93.33board; or (4) under a board order for disciplinary action. The suspension shall remain
93.34in effect until lifted by the board to the board's receipt of a petition from the regulated
93.35individual, along with the current name and address of the regulated individual.
94.1(g) The board may, upon majority vote of a quorum of its appointed members,
94.2suspend the license or registration of a regulated facility without a hearing if the regulated
94.3facility fails to maintain a current name and address of the owner of the facility with the
94.4board, as described in paragraphs (h) and (i), while the regulated facility is: (1) under
94.5board investigation, and a notice of conference has been issued by the board; (2) party
94.6to a contested case with the board; (3) party to an agreement for corrective action with
94.7the board; or (4) under a board order for disciplinary action. The suspension shall remain
94.8in effect until lifted by the board pursuant to the board's receipt of a petition from the
94.9regulated facility, along with the current name and address of the owner of the facility.
94.10(h) An individual licensed or registered by the board shall maintain a current name
94.11and home address with the board and shall notify the board in writing within 30 days of
94.12any change in name or home address. An individual regulated by the board shall also
94.13maintain a current business address with the board as required by section 214.073. For
94.14an individual, if a name change only is requested, the regulated individual must request
94.15a revised license or registration. The board may require the individual to substantiate
94.16the name change by submitting official documentation from a court of law or agency
94.17authorized under law to receive and officially record a name change. In the case of an
94.18individual, if an address change only is requested, no request for a revised license or
94.19registration is required. If the current license or registration of an individual has been lost,
94.20stolen, or destroyed, the individual shall provide a written explanation to the board.
94.21(i) A facility licensed or registered by the board shall maintain a current name and
94.22address with the board. A facility shall notify the board in writing within 30 days of any
94.23change in name. A facility licensed or registered by the board but located outside of the
94.24state must notify the board within 30 days of an address change. A facility licensed or
94.25registered by the board and located within the state must notify the board at least 60
94.26days in advance of a change of address that will result from the move of the facility to a
94.27different location and must pass an inspection at the new location as required by the board.
94.28If the current license or registration of a facility has been lost, stolen, or destroyed, the
94.29facility shall provide a written explanation to the board.
94.30    Subd. 4. Effective dates. A suspension, revocation, condition, limitation,
94.31qualification, or restriction of a license or registration shall be in effect pending
94.32determination of an appeal. A revocation of a license pursuant to subdivision 1a is not
94.33appealable and shall remain in effect indefinitely.
94.34    Subd. 5. Conditions on reissued license. In its discretion, the board may restore
94.35and reissue a license or registration issued under this chapter, but as a condition thereof
94.36may impose any disciplinary or corrective measure that it might originally have imposed.
95.1    Subd. 6. Temporary suspension of license for pharmacists. In addition to any
95.2other remedy provided by law, the board may, without a hearing, temporarily suspend the
95.3license of a pharmacist if the board finds that the pharmacist has violated a statute or rule
95.4that the board is empowered to enforce and continued practice by the pharmacist would
95.5create a serious risk of harm to the public. The suspension shall take effect upon written
95.6notice to the pharmacist, specifying the statute or rule violated. The suspension shall
95.7remain in effect until the board issues a final order in the matter after a hearing. At the
95.8time it issues the suspension notice, the board shall schedule a disciplinary hearing to be
95.9held pursuant to the Administrative Procedure Act. The pharmacist shall be provided with
95.10at least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall
95.11be scheduled to begin no later than 30 days after the issuance of the suspension order.
95.12    Subd. 7. Temporary suspension of license for pharmacist interns, pharmacy
95.13technicians, and controlled substance researchers. In addition to any other remedy
95.14provided by law, the board may, without a hearing, temporarily suspend the registration of
95.15a pharmacist intern, pharmacy technician, or controlled substance researcher if the board
95.16finds that the registrant has violated a statute or rule that the board is empowered to enforce
95.17and continued registration of the registrant would create a serious risk of harm to the
95.18public. The suspension shall take effect upon written notice to the registrant, specifying
95.19the statute or rule violated. The suspension shall remain in effect until the board issues a
95.20final order in the matter after a hearing. At the time it issues the suspension notice, the
95.21board shall schedule a disciplinary hearing to be held pursuant to the Administrative
95.22Procedure Act. The licensee or registrant shall be provided with at least 20 days' notice of
95.23any hearing held pursuant to this subdivision. The hearing shall be scheduled to begin no
95.24later than 30 days after the issuance of the suspension order.
95.25    Subd. 8. Temporary suspension of license for pharmacies, drug wholesalers,
95.26drug manufacturers, medical gas manufacturers, and medical gas distributors.
95.27In addition to any other remedy provided by law, the board may, without a hearing,
95.28temporarily suspend the license or registration of a pharmacy, drug wholesaler, drug
95.29manufacturer, medical gas manufacturer, or medical gas distributor if the board finds
95.30that the licensee or registrant has violated a statute or rule that the board is empowered
95.31to enforce and continued operation of the licensed facility would create a serious risk of
95.32harm to the public. The suspension shall take effect upon written notice to the licensee or
95.33registrant, specifying the statute or rule violated. The suspension shall remain in effect
95.34until the board issues a final order in the matter after a hearing. At the time it issues the
95.35suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to
95.36the Administrative Procedure Act. The licensee or registrant shall be provided with at
96.1least 20 days' notice of any hearing held pursuant to this subdivision. The hearing shall be
96.2scheduled to begin no later than 30 days after the issuance of the suspension order.
96.3    Subd. 9. Evidence. In disciplinary actions alleging a violation of subdivision 2,
96.4clause (4), (5), (6), or (7), a copy of the judgment or proceeding under the seal of the court
96.5administrator or of the administrative agency that entered the same shall be admissible
96.6into evidence without further authentication and shall constitute prima facie evidence
96.7of the contents thereof.
96.8    Subd. 10. Mental examination; access to medical data. (a) If the board has
96.9probable cause to believe that an individual licensed or registered by the board falls under
96.10subdivision 2, clause (14), it may direct the individual to submit to a mental or physical
96.11examination. For the purpose of this subdivision, every licensed or registered individual is
96.12deemed to have consented to submit to a mental or physical examination when directed in
96.13writing by the board and further to have waived all objections to the admissibility of the
96.14examining practitioner's testimony or examination reports on the grounds that the same
96.15constitute a privileged communication. Failure of a licensed or registered individual to
96.16submit to an examination when directed constitutes an admission of the allegations against
96.17the individual, unless the failure was due to circumstances beyond the individual's control,
96.18in which case a default and final order may be entered without the taking of testimony or
96.19presentation of evidence. Pharmacists affected under this paragraph shall at reasonable
96.20intervals be given an opportunity to demonstrate that they can resume the competent
96.21practice of the profession of pharmacy with reasonable skill and safety to the public.
96.22Pharmacist interns, pharmacy technicians, or controlled substance researchers affected
96.23under this paragraph shall at reasonable intervals be given an opportunity to demonstrate
96.24that they can competently resume the duties that can be performed, under this chapter or
96.25the rules of the board, by similarly registered persons with reasonable skill and safety to
96.26the public. In any proceeding under this paragraph, neither the record of proceedings nor
96.27the orders entered by the board shall be used against a licensed or registered individual
96.28in any other proceeding.
96.29(b) In addition to ordering a physical or mental examination, the board may,
96.30notwithstanding section 13.384, 144.651, or any other law limiting access to medical or
96.31other health data, obtain medical data and health records relating to an individual licensed
96.32or registered by the board, or to an applicant for licensure or registration, without the
96.33individual's consent, if the board has probable cause to believe that the individual falls
96.34under subdivision 2, clause (14). The medical data may be requested from a provider,
96.35as defined in section 144.291, subdivision 2, paragraph (h), an insurance company, or a
96.36government agency, including the Department of Human Services. A provider, insurance
97.1company, or government agency shall comply with any written request of the board under
97.2this subdivision and is not liable in any action for damages for releasing the data requested
97.3by the board if the data are released pursuant to a written request under this subdivision,
97.4unless the information is false and the provider giving the information knew, or had reason
97.5to believe, the information was false. Information obtained under this subdivision is
97.6classified as private under sections 13.01 to 13.87.
97.7    Subd. 11. Tax clearance certificate. (a) In addition to the provisions of subdivision
97.81, the board may not issue or renew a license or registration if the commissioner of
97.9revenue notifies the board and the licensee or applicant for a license that the licensee or
97.10applicant owes the state delinquent taxes in the amount of $500 or more. The board may
97.11issue or renew the license or registration only if (1) the commissioner of revenue issues a
97.12tax clearance certificate, and (2) the commissioner of revenue or the licensee, registrant, or
97.13applicant forwards a copy of the clearance to the board. The commissioner of revenue
97.14may issue a clearance certificate only if the licensee, registrant, or applicant does not owe
97.15the state any uncontested delinquent taxes.
97.16(b) For purposes of this subdivision, the following terms have the meanings given.
97.17(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties
97.18and interest due on those taxes.
97.19(2) "Delinquent taxes" do not include a tax liability if (i) an administrative or court
97.20action that contests the amount or validity of the liability has been filed or served, (ii) the
97.21appeal period to contest the tax liability has not expired, or (iii) the licensee or applicant
97.22has entered into a payment agreement to pay the liability and is current with the payments.
97.23(c) In lieu of the notice and hearing requirements of subdivision 1, when a licensee,
97.24registrant, or applicant is required to obtain a clearance certificate under this subdivision,
97.25a contested case hearing must be held if the licensee or applicant requests a hearing in
97.26writing to the commissioner of revenue within 30 days of the date of the notice provided
97.27in paragraph (a). The hearing must be held within 45 days of the date the commissioner of
97.28revenue refers the case to the Office of Administrative Hearings. Notwithstanding any law
97.29to the contrary, the licensee or applicant must be served with 20 days' notice in writing
97.30specifying the time and place of the hearing and the allegations against the licensee or
97.31applicant. The notice may be served personally or by mail.
97.32(d) A licensee or applicant must provide the licensee's or applicant's Social Security
97.33number and Minnesota business identification number on all license applications. Upon
97.34request of the commissioner of revenue, the board must provide to the commissioner of
97.35revenue a list of all licensees and applicants that includes the licensee's or applicant's
97.36name, address, Social Security number, and business identification number. The
98.1commissioner of revenue may request a list of the licensees and applicants no more than
98.2once each calendar year.
98.3    Subd. 12. Limitation. No board proceeding against a regulated person or facility
98.4shall be instituted unless commenced within seven years from the date of the commission
98.5of some portion of the offense or misconduct complained of except for alleged violations
98.6of subdivision 2, clause (21).

98.7    Sec. 4. [151.072] REPORTING OBLIGATIONS.
98.8    Subdivision 1. Permission to report. A person who has knowledge of any conduct
98.9constituting grounds for discipline under the provisions of this chapter or the rules of the
98.10board may report the violation to the board.
98.11    Subd. 2. Pharmacies. A pharmacy located in this state must report to the board any
98.12discipline that is related to an incident involving conduct that would constitute grounds
98.13for discipline under the provisions of this chapter or the rules of the board, that is taken
98.14by the pharmacy or any of its administrators against a pharmacist, pharmacist intern, or
98.15pharmacy technician, including the termination of employment of the individual or the
98.16revocation, suspension, restriction, limitation, or conditioning of an individual's ability
98.17to practice or work at or on behalf of the pharmacy. The pharmacy shall also report the
98.18resignation of any pharmacist, pharmacist intern, or technician prior to the conclusion of
98.19any disciplinary proceeding, or prior to the commencement of formal charges but after the
98.20individual had knowledge that formal charges were contemplated or in preparation. Each
98.21report made under this subdivision must state the nature of the action taken and state in
98.22detail the reasons for the action. Failure to report violations as required by this subdivision
98.23is a basis for discipline pursuant to section 151.071, subdivision 2, clause (8).
98.24    Subd. 3. Licensees and registrants of the board. A licensee or registrant of
98.25the board shall report to the board personal knowledge of any conduct that the person
98.26reasonably believes constitutes grounds for disciplinary action under this chapter or
98.27the rules of the board by any pharmacist, pharmacist intern, pharmacy technician, or
98.28controlled substance researcher, including any conduct indicating that the person may be
98.29professionally incompetent, or may have engaged in unprofessional conduct or may be
98.30medically or physically unable to engage safely in the practice of pharmacy or to carry
98.31out the duties permitted to the person by this chapter or the rules of the board. Failure
98.32to report violations as required by this subdivision is a basis for discipline pursuant to
98.33section 151.071, subdivision 2, clause (20).
98.34    Subd. 4. Courts. The court administrator of a district court or any other court of
98.35competent jurisdiction shall report to the board any judgment or other determination of
99.1the court that: adjudges or includes a finding that a licensee or registrant of the board is
99.2mentally ill, mentally incompetent, guilty of a felony, or guilty of a violation of federal
99.3or state narcotics laws or controlled substances act, guilty of an abuse or fraud under
99.4Medicare or Medicaid; appoints a guardian of the licensee or registrant pursuant to sections
99.5524.5-101 to 524.5-502; or commits a licensee or registrant pursuant to chapter 253B.
99.6    Subd. 5. Self-reporting. A licensee or registrant of the board shall report to the
99.7board any personal action that would require that a report be filed with the board pursuant
99.8to subdivision 2 or 4.
99.9    Subd. 6. Deadlines; forms. Reports required by subdivisions 2 to 5 must be
99.10submitted not later than 30 days after the occurrence of the reportable event or transaction.
99.11The board may provide forms for the submission of reports required by this section, may
99.12require that reports be submitted on the forms provided, and may adopt rules necessary
99.13to assure prompt and accurate reporting.
99.14    Subd. 7. Subpoenas. The board may issue subpoenas for the production of any
99.15reports required by subdivisions 2 to 5 or any related documents.

99.16    Sec. 5. [151.073] IMMUNITY.
99.17    Subdivision 1. Reporting. Any person, health care facility, business, or organization
99.18is immune from civil liability or criminal prosecution for submitting in good faith a report
99.19to the board under section 151.072 or for otherwise reporting in good faith to the board
99.20violations or alleged violations of this chapter or the rules of the board. All such reports
99.21are investigative data as defined in chapter 13.
99.22    Subd. 2. Investigation. (a) Members of the board and persons employed by the board
99.23or engaged on behalf of the board in the investigation of violations and in the preparation
99.24and management of charges or violations of this chapter of the rules of the board, or persons
99.25participating in the investigation or testifying regarding charges of violations, are immune
99.26from civil liability and criminal prosecution for any actions, transactions, or publications
99.27in the execution of, or relating to, their duties under this chapter or the rules of the board.
99.28(b) Members of the board and persons employed by the board or engaged in
99.29maintaining records and making reports regarding adverse health care events are immune
99.30from civil liability and criminal prosecution for any actions, transactions, or publications
99.31in the execution of, or relating to, their duties under section 151.301.

99.32    Sec. 6. [151.074] LICENSEE OR REGISTRANT COOPERATION.
99.33An individual who is licensed or registered by the board, who is the subject of an
99.34investigation by or on behalf of the board, shall cooperate fully with the investigation.
100.1An owner or employee of a facility that is licensed or registered by the board, when the
100.2facility is the subject of an investigation by or on behalf of the board, shall cooperate
100.3fully with the investigation. Cooperation includes responding fully and promptly to any
100.4question raised by, or on behalf of, the board relating to the subject of the investigation and
100.5providing copies of patient pharmacy records and other relevant records, as reasonably
100.6requested by the board, to assist the board in its investigation. The board shall maintain
100.7any records obtained pursuant to this section as investigative data pursuant to chapter 13.

100.8    Sec. 7. [151.075] DISCIPLINARY RECORD ON JUDICIAL REVIEW.
100.9Upon judicial review of any board disciplinary action taken under this chapter, the
100.10reviewing court shall seal the administrative record, except for the board's final decision,
100.11and shall not make the administrative record available to the public.

100.12    Sec. 8. Minnesota Statutes 2012, section 151.211, is amended to read:
100.13151.211 RECORDS OF PRESCRIPTIONS.
100.14    Subdivision 1. Retention of prescription drug orders. All prescriptions dispensed
100.15 prescription drug orders shall be kept on file at the location in from which such dispensing
100.16occurred of the ordered drug occurs for a period of at least two years. Prescription drug
100.17orders that are electronically prescribed must be kept on file in the format in which
100.18they were originally received. Written or printed prescription drug orders and verbal
100.19prescription drug orders reduced to writing, must be kept on file as received or transcribed,
100.20except that such orders may be kept in an electronic format as allowed by the board.
100.21Electronic systems used to process and store prescription drug orders must be compliant
100.22with the requirements of this chapter and the rules of the board. Prescription drug orders
100.23that are stored in an electronic format, as permitted by this subdivision, may be kept on
100.24file at a remote location provided that they are readily and securely accessible from the
100.25location at which dispensing of the ordered drug occurred.
100.26    Subd. 2. Refill requirements. No A prescription shall drug order may be refilled
100.27except only with the written, electronic, or verbal consent of the prescriber and in
100.28accordance with the requirements of this chapter, the rules of the board, and where
100.29applicable, section 152.11. The date of such refill must be recorded and initialed upon
100.30the original prescription drug order, or within the electronically maintained record of the
100.31original prescription drug order, by the pharmacist, pharmacist intern, or practitioner
100.32who refills the prescription.

100.33    Sec. 9. [151.251] COMPOUNDING.
101.1    Subdivision 1. Exemption from manufacturing licensure requirement. Section
101.2151.252 shall not apply to:
101.3(1) a practitioner engaged in extemporaneous compounding, anticipatory
101.4compounding, or compounding not done pursuant to a prescription drug order when
101.5permitted by this chapter or the rules of the board; and
101.6(2) a pharmacy in which a pharmacist is engaged in extemporaneous compounding,
101.7anticipatory compounding, or compounding not done pursuant to a prescription drug order
101.8when permitted by this chapter or the rules of the board.
101.9    Subd. 2. Compounded drug. A drug product may be compounded under this
101.10section if a pharmacist or practitioner:
101.11(a) compounds the drug product using bulk drug substances, as defined in the federal
101.12regulations published in Code of Federal Regulations, title 21, section 207.3(a)(4):
101.13(1) that:
101.14(i) comply with the standards of an applicable United States Pharmacopoeia
101.15or National Formulary monograph, if a monograph exists, and the United States
101.16Pharmacopoeia chapter on pharmacy compounding;
101.17(ii) if such a monograph does not exist, are drug substances that are components of
101.18drugs approved for use in this country by the United States Food and Drug Administration;
101.19or
101.20(iii) if such a monograph does not exist and the drug substance is not a component of
101.21a drug approved for use in this country by the United States Food and Drug Administration,
101.22that appear on a list developed by the United States Food and Drug Administration through
101.23regulations issued by the secretary of the federal Department of Health and Human
101.24Services pursuant to section 503a of the Food, Drug and Cosmetic Act under paragraph (d);
101.25(2) that are manufactured by an establishment that is registered under section 360
101.26of the federal Food, Drug and Cosmetic Act, including a foreign establishment that is
101.27registered under section 360(i) of that act; and
101.28(3) that are accompanied by valid certificates of analysis for each bulk drug substance;
101.29(b) compounds the drug product using ingredients, other than bulk drug substances,
101.30that comply with the standards of an applicable United States Pharmacopoeia or National
101.31Formulary monograph, if a monograph exists, and the United States Pharmacopoeia
101.32chapters on pharmacy compounding;
101.33(c) does not compound a drug product that appears on a list published by the secretary
101.34of the federal Department of Health and Human Services in the Federal Register of drug
101.35products that have been withdrawn or removed from the market because such drug products
101.36or components of such drug products have been found to be unsafe or not effective;
102.1(d) does not compound any drug products that are essentially copies of a
102.2commercially available drug product; and
102.3(e) does not compound any drug product that has been identified pursuant to
102.4United States Code, title 21, section 353a, as a drug product that presents demonstrable
102.5difficulties for compounding that reasonably demonstrate an adverse effect on the safety
102.6or effectiveness of that drug product.
102.7The term "essentially a copy of a commercially available drug product" does not
102.8include a drug product in which there is a change, made for an identified individual
102.9patient, that produces for that patient a significant difference, as determined by the
102.10prescribing practitioner, between the compounded drug and the comparable commercially
102.11available drug product.
102.12    Subd. 3. Exceptions. This section shall not apply to:
102.13(1) compounded positron emission tomography drugs as defined in section 151.01,
102.14subdivision 38; or
102.15(2) radiopharmaceuticals.

102.16    Sec. 10. Minnesota Statutes 2013 Supplement, section 151.252, is amended by adding
102.17a subdivision to read:
102.18    Subd. 1a. Outsourcing facility. (a) No person shall act as an outsourcing facility
102.19without first obtaining a license from the board and paying any applicable manufacturer
102.20licensing fee specified in section 151.065.
102.21(b) Application for an outsourcing facility license under this section shall be made
102.22in a manner specified by the board and may differ from the application required of other
102.23drug manufacturers.
102.24(c) No license shall be issued or renewed for an outsourcing facility unless the
102.25applicant agrees to operate in a manner prescribed for outsourcing facilities by federal and
102.26state law and according to Minnesota Rules.
102.27(d) No license shall be issued or renewed for an outsourcing facility unless the
102.28applicant supplies the board with proof of such registration by the United States Food and
102.29Drug Administration as required by United States Code, title 21, section 353b.
102.30(e) No license shall be issued or renewed for an outsourcing facility that is required
102.31to be licensed or registered by the state in which it is physically located unless the
102.32applicant supplies the board with proof of such licensure or registration. The board may
102.33establish, by rule, standards for the licensure of an outsourcing facility that is not required
102.34to be licensed or registered by the state in which it is physically located.
103.1(f) The board shall require a separate license for each outsourcing facility located
103.2within the state and for each outsourcing facility located outside of the state at which drugs
103.3that are shipped into the state are prepared.
103.4(g) The board shall not issue an initial or renewed license for an outsourcing facility
103.5unless the facility passes an inspection conducted by an authorized representative of the
103.6board. In the case of an outsourcing facility located outside of the state, the board may
103.7require the applicant to pay the cost of the inspection, in addition to the license fee in
103.8section 151.065, unless the applicant furnishes the board with a report, issued by the
103.9appropriate regulatory agency of the state in which the facility is located or by the United
103.10States Food and Drug Administration, of an inspection that has occurred within the 24
103.11months immediately preceding receipt of the license application by the board. The board
103.12may deny licensure unless the applicant submits documentation satisfactory to the board
103.13that any deficiencies noted in an inspection report have been corrected.

103.14    Sec. 11. Minnesota Statutes 2012, section 151.26, is amended to read:
103.15151.26 EXCEPTIONS.
103.16    Subdivision 1. Generally. Nothing in this chapter shall subject a person duly
103.17licensed in this state to practice medicine, dentistry, or veterinary medicine, to inspection
103.18by the State Board of Pharmacy, nor prevent the person from administering drugs,
103.19medicines, chemicals, or poisons in the person's practice, nor prevent a duly licensed
103.20practitioner from furnishing to a patient properly packaged and labeled drugs, medicines,
103.21chemicals, or poisons as may be considered appropriate in the treatment of such patient;
103.22unless the person is engaged in the dispensing, sale, or distribution of drugs and the board
103.23provides reasonable notice of an inspection.
103.24Except for the provisions of section 151.37, nothing in this chapter applies to or
103.25interferes with the dispensing, in its original package and at no charge to the patient, of a
103.26legend drug, other than a controlled substance, that was packaged by a manufacturer and
103.27provided to the dispenser for distribution as a professional sample.
103.28Nothing in this chapter shall prevent the sale of drugs, medicines, chemicals, or
103.29poisons at wholesale to licensed physicians, dentists and veterinarians for use in their
103.30practice, nor to hospitals for use therein.
103.31Nothing in this chapter shall prevent the sale of drugs, chemicals, or poisons either
103.32at wholesale or retail for use for commercial purposes, or in the arts, nor interfere with the
103.33sale of insecticides, as defined in Minnesota Statutes 1974, section 24.069, and nothing in
103.34this chapter shall prevent the sale of common household preparations and other drugs,
103.35chemicals, and poisons sold exclusively for use for nonmedicinal purposes.; provided
104.1that this exception does not apply to any compound, substance, or derivative that is not
104.2approved for human consumption by the United States Food and Drug Administration
104.3or specifically permitted for human consumption under Minnesota law that, when
104.4introduced into the body, induces an effect similar to that of a Schedule I or Schedule II
104.5controlled substance listed in section 152.02, subdivisions 2 and 3, or Minnesota Rules,
104.6parts 6800.4210 and 6800.4220, regardless of whether the substance is marketed for the
104.7purpose of human consumption.
104.8Nothing in this chapter shall apply to or interfere with the vending or retailing of
104.9any nonprescription medicine or drug not otherwise prohibited by statute which that is
104.10prepackaged, fully prepared by the manufacturer or producer for use by the consumer, and
104.11labeled in accordance with the requirements of the state or federal Food and Drug Act; nor
104.12to the manufacture, wholesaling, vending, or retailing of flavoring extracts, toilet articles,
104.13cosmetics, perfumes, spices, and other commonly used household articles of a chemical
104.14nature, for use for nonmedicinal purposes.; provided that this exception does not apply
104.15to any compound, substance, or derivative that is not approved for human consumption
104.16by the United States Food and Drug Administration or specifically permitted for human
104.17consumption under Minnesota law that, when introduced into the body, induces an effect
104.18similar to that of a Schedule I or Schedule II controlled substance listed in section 152.02,
104.19subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220, regardless of
104.20whether the substance is marketed for the purpose of human consumption. Nothing in
104.21this chapter shall prevent the sale of drugs or medicines by licensed pharmacists at a
104.22discount to persons over 65 years of age.

104.23    Sec. 12. Minnesota Statutes 2012, section 151.34, is amended to read:
104.24151.34 PROHIBITED ACTS.
104.25It shall be unlawful to:
104.26(1) manufacture, sell or deliver, hold or offer for sale any drug that is adulterated
104.27or misbranded;
104.28(2) adulterate or misbrand any drug;
104.29(3) receive in commerce any drug that is adulterated or misbranded, and to deliver or
104.30proffer delivery thereof for pay or otherwise;
104.31(4) refuse to permit entry or inspection, or to permit the taking of a sample, or to
104.32permit access to or copying of any record as authorized by this chapter;
104.33(5) remove or dispose of a detained or embargoed article in violation of this chapter;
105.1(6) alter, mutilate, destroy, obliterate, or remove the whole or any part of the labeling
105.2of, or to do any other act with respect to a drug, if such act is done while such drug is held
105.3for sale and results in such drug being adulterated or misbranded;
105.4(7) use for a person's own advantage or to reveal other than to the board or its
105.5authorized representative or to the courts when required in any judicial proceeding under
105.6this chapter any information acquired under authority of this chapter concerning any
105.7method or process which that is a trade secret and entitled to protection;
105.8(8) use on the labeling of any drug any representation or suggestion that an
105.9application with respect to such drug is effective under the federal act or that such drug
105.10complies with such provisions;
105.11(9) in the case of a manufacturer, packer, or distributor offering legend drugs for sale
105.12within this state, fail to maintain for transmittal or to transmit, to any practitioner licensed
105.13by applicable law to administer such drug who makes written request for information as to
105.14such drug, true and correct copies of all printed matter which that is required to be included
105.15in any package in which that drug is distributed or sold, or such other printed matter as is
105.16approved under the federal act. Nothing in this paragraph shall be construed to exempt
105.17any person from any labeling requirement imposed by or under provisions of this chapter;
105.18(10) conduct a pharmacy without a pharmacist in charge;
105.19(11) dispense a legend drug without first obtaining a valid prescription for that drug;
105.20(12) conduct a pharmacy without proper registration with the board;
105.21(13) practice pharmacy without being licensed to do so by the board; or
105.22(14) sell at retail federally restricted medical gases without proper registration with
105.23the board except as provided in this chapter.; or
105.24(15) sell any compound, substance, or derivative that is not approved for human
105.25consumption by the United States Food and Drug Administration or specifically permitted
105.26for human consumption under Minnesota law that, when introduced into the body, induces
105.27an effect similar to that of a Schedule I or Schedule II controlled substance listed in
105.28section 152.02, subdivisions 2 and 3, or Minnesota Rules, parts 6800.4210 and 6800.4220,
105.29regardless of whether the substance is marketed for the purpose of human consumption.

105.30    Sec. 13. Minnesota Statutes 2012, section 151.35, is amended to read:
105.31151.35 DRUGS, ADULTERATION.
105.32A drug shall be deemed to be adulterated:
105.33(1) if it consists in whole or in part of any filthy, putrid or decomposed substance; or
105.34if it has been produced, prepared, packed, or held under unsanitary conditions whereby it
105.35may have been rendered injurious to health, or whereby it may have been contaminated
106.1with filth; or if the methods used in, or the facilities or controls used for, its manufacture,
106.2processing, packing, or holding do not conform to or are not operated or administered
106.3in conformity with current good manufacturing practice as required under the federal
106.4act to assure that such drug is safe and has the identity, strength, quality, and purity
106.5characteristics, which it purports or is represented to possess; or the facility in which it
106.6was produced was not registered by the United States Food and Drug Administration or
106.7licensed by the board; or, its container is composed, in whole or in part, of any poisonous
106.8or deleterious substance which may render the contents injurious to health; or it bears
106.9or contains, for purposes of coloring only, a color additive which is unsafe within the
106.10meaning of the federal act, or it is a color additive, the intended use of which in or on drugs
106.11is for the purposes of coloring only, and is unsafe within the meaning of the federal act;
106.12(2) if it purports to be or is represented as a drug the name of which is recognized in
106.13the United States Pharmacopoeia or the National Formulary, and its strength differs from,
106.14or its quality or purity falls below, the standard set forth therein. Such determination as
106.15to strength, quality, or purity shall be made in accordance with the tests or methods of
106.16assay set forth in such compendium, or in the absence of or inadequacy of such tests or
106.17methods of assay, those prescribed under authority of the federal act. No drug defined
106.18in the United States Pharmacopoeia or the National Formulary shall be deemed to be
106.19adulterated under this paragraph because it differs from the standard of strength, quality,
106.20or purity therefor set forth in such compendium, if its difference in strength, quality, or
106.21purity from such standard is plainly stated on its label;
106.22(3) if it is not subject to the provisions of paragraph (2) of this section and its
106.23strength differs from, or its purity or quality differs from that which it purports or is
106.24represented to possess;
106.25(4) if any substance has been mixed or packed therewith so as to reduce its quality or
106.26strength, or substituted wholly or in part therefor.

106.27    Sec. 14. Minnesota Statutes 2012, section 151.361, subdivision 2, is amended to read:
106.28    Subd. 2. After January 1, 1983. (a) No legend drug in solid oral dosage form
106.29may be manufactured, packaged or distributed for sale in this state after January 1, 1983
106.30unless it is clearly marked or imprinted with a symbol, number, company name, words,
106.31letters, national drug code or other mark uniquely identifiable to that drug product. An
106.32identifying mark or imprint made as required by federal law or by the federal Food and
106.33Drug Administration shall be deemed to be in compliance with this section.
106.34(b) The Board of Pharmacy may grant exemptions from the requirements of this
106.35section on its own initiative or upon application of a manufacturer, packager, or distributor
107.1indicating size or other characteristics which that render the product impractical for the
107.2imprinting required by this section.
107.3(c) The provisions of clauses (a) and (b) shall not apply to any of the following:
107.4(1) Drugs purchased by a pharmacy, pharmacist, or licensed wholesaler prior to
107.5January 1, 1983, and held in stock for resale.
107.6(2) Drugs which are manufactured by or upon the order of a practitioner licensed by
107.7law to prescribe or administer drugs and which are to be used solely by the patient for
107.8whom prescribed.

107.9    Sec. 15. Minnesota Statutes 2012, section 151.37, as amended by Laws 2013, chapter
107.1043, section 30, Laws 2013, chapter 55, section 2, and Laws 2013, chapter 108, article
107.1110, section 5, is amended to read:
107.12151.37 LEGEND DRUGS, WHO MAY PRESCRIBE, POSSESS.
107.13    Subdivision 1. Prohibition. Except as otherwise provided in this chapter, it shall be
107.14unlawful for any person to have in possession, or to sell, give away, barter, exchange, or
107.15distribute a legend drug.
107.16    Subd. 2. Prescribing and filing. (a) A licensed practitioner in the course of
107.17professional practice only, may prescribe, administer, and dispense a legend drug, and
107.18may cause the same to be administered by a nurse, a physician assistant, or medical
107.19student or resident under the practitioner's direction and supervision, and may cause a
107.20person who is an appropriately certified, registered, or licensed health care professional
107.21to prescribe, dispense, and administer the same within the expressed legal scope of the
107.22person's practice as defined in Minnesota Statutes. A licensed practitioner may prescribe a
107.23legend drug, without reference to a specific patient, by directing a licensed dietitian or
107.24licensed nutritionist, pursuant to section 148.634; a nurse, pursuant to section 148.235,
107.25subdivisions 8 and 9; physician assistant; medical student or resident; or pharmacist
107.26according to section 151.01, subdivision 27, to adhere to a particular practice guideline or
107.27protocol when treating patients whose condition falls within such guideline or protocol,
107.28and when such guideline or protocol specifies the circumstances under which the legend
107.29drug is to be prescribed and administered. An individual who verbally, electronically, or
107.30otherwise transmits a written, oral, or electronic order, as an agent of a prescriber, shall
107.31not be deemed to have prescribed the legend drug. This paragraph applies to a physician
107.32assistant only if the physician assistant meets the requirements of section 147A.18.
107.33(b) The commissioner of health, if a licensed practitioner, or a person designated
107.34by the commissioner who is a licensed practitioner, may prescribe a legend drug to an
107.35individual or by protocol for mass dispensing purposes where the commissioner finds that
108.1the conditions triggering section 144.4197 or 144.4198, subdivision 2, paragraph (b), exist.
108.2The commissioner, if a licensed practitioner, or a designated licensed practitioner, may
108.3prescribe, dispense, or administer a legend drug or other substance listed in subdivision 10
108.4to control tuberculosis and other communicable diseases. The commissioner may modify
108.5state drug labeling requirements, and medical screening criteria and documentation, where
108.6time is critical and limited labeling and screening are most likely to ensure legend drugs
108.7reach the maximum number of persons in a timely fashion so as to reduce morbidity
108.8and mortality.
108.9    (c) A licensed practitioner that dispenses for profit a legend drug that is to be
108.10administered orally, is ordinarily dispensed by a pharmacist, and is not a vaccine, must
108.11file with the practitioner's licensing board a statement indicating that the practitioner
108.12dispenses legend drugs for profit, the general circumstances under which the practitioner
108.13dispenses for profit, and the types of legend drugs generally dispensed. It is unlawful to
108.14dispense legend drugs for profit after July 31, 1990, unless the statement has been filed
108.15with the appropriate licensing board. For purposes of this paragraph, "profit" means (1)
108.16any amount received by the practitioner in excess of the acquisition cost of a legend drug
108.17for legend drugs that are purchased in prepackaged form, or (2) any amount received
108.18by the practitioner in excess of the acquisition cost of a legend drug plus the cost of
108.19making the drug available if the legend drug requires compounding, packaging, or other
108.20treatment. The statement filed under this paragraph is public data under section 13.03.
108.21This paragraph does not apply to a licensed doctor of veterinary medicine or a registered
108.22pharmacist. Any person other than a licensed practitioner with the authority to prescribe,
108.23dispense, and administer a legend drug under paragraph (a) shall not dispense for profit.
108.24To dispense for profit does not include dispensing by a community health clinic when the
108.25profit from dispensing is used to meet operating expenses.
108.26    (d) A prescription or drug order for the following drugs is not valid, unless it can
108.27be established that the prescription or drug order was based on a documented patient
108.28evaluation, including an examination, adequate to establish a diagnosis and identify
108.29underlying conditions and contraindications to treatment:
108.30    (1) controlled substance drugs listed in section 152.02, subdivisions 3 to 5;
108.31    (2) drugs defined by the Board of Pharmacy as controlled substances under section
108.32152.02, subdivisions 7 , 8, and 12;
108.33    (3) muscle relaxants;
108.34    (4) centrally acting analgesics with opioid activity;
108.35    (5) drugs containing butalbital; or
108.36    (6) phoshodiesterase type 5 inhibitors when used to treat erectile dysfunction.
109.1    (e) For the purposes of paragraph (d), the requirement for an examination shall be
109.2met if an in-person examination has been completed in any of the following circumstances:
109.3    (1) the prescribing practitioner examines the patient at the time the prescription
109.4or drug order is issued;
109.5    (2) the prescribing practitioner has performed a prior examination of the patient;
109.6    (3) another prescribing practitioner practicing within the same group or clinic as the
109.7prescribing practitioner has examined the patient;
109.8    (4) a consulting practitioner to whom the prescribing practitioner has referred the
109.9patient has examined the patient; or
109.10    (5) the referring practitioner has performed an examination in the case of a
109.11consultant practitioner issuing a prescription or drug order when providing services by
109.12means of telemedicine.
109.13    (f) Nothing in paragraph (d) or (e) prohibits a licensed practitioner from prescribing
109.14a drug through the use of a guideline or protocol pursuant to paragraph (a).
109.15    (g) Nothing in this chapter prohibits a licensed practitioner from issuing a
109.16prescription or dispensing a legend drug in accordance with the Expedited Partner Therapy
109.17in the Management of Sexually Transmitted Diseases guidance document issued by the
109.18United States Centers for Disease Control.
109.19    (h) Nothing in paragraph (d) or (e) limits prescription, administration, or dispensing
109.20of legend drugs through a public health clinic or other distribution mechanism approved
109.21by the commissioner of health or a board of health in order to prevent, mitigate, or treat
109.22a pandemic illness, infectious disease outbreak, or intentional or accidental release of a
109.23biological, chemical, or radiological agent.
109.24    (i) No pharmacist employed by, under contract to, or working for a pharmacy
109.25licensed under section 151.19, subdivision 1, may dispense a legend drug based on a
109.26prescription that the pharmacist knows, or would reasonably be expected to know, is not
109.27valid under paragraph (d).
109.28    (j) No pharmacist employed by, under contract to, or working for a pharmacy
109.29licensed under section 151.19, subdivision 2, may dispense a legend drug to a resident
109.30of this state based on a prescription that the pharmacist knows, or would reasonably be
109.31expected to know, is not valid under paragraph (d).
109.32(k) Nothing in this chapter prohibits the commissioner of health, if a licensed
109.33practitioner, or, if not a licensed practitioner, a designee of the commissioner who is
109.34a licensed practitioner, from prescribing legend drugs for field-delivered therapy in the
109.35treatment of a communicable disease according to the Centers For Disease Control and
109.36Prevention Partner Services Guidelines.
110.1    Subd. 2a. Delegation. A supervising physician may delegate to a physician assistant
110.2who is registered with the Board of Medical Practice and certified by the National
110.3Commission on Certification of Physician Assistants and who is under the supervising
110.4physician's supervision, the authority to prescribe, dispense, and administer legend drugs
110.5and medical devices, subject to the requirements in chapter 147A and other requirements
110.6established by the Board of Medical Practice in rules.
110.7    Subd. 3. Veterinarians. A licensed doctor of veterinary medicine, in the course of
110.8professional practice only and not for use by a human being, may personally prescribe,
110.9administer, and dispense a legend drug, and may cause the same to be administered or
110.10dispensed by an assistant under the doctor's direction and supervision.
110.11    Subd. 4. Research. (a) Any qualified person may use legend drugs in the course
110.12of a bona fide research project, but cannot administer or dispense such drugs to human
110.13beings unless such drugs are prescribed, dispensed, and administered by a person lawfully
110.14authorized to do so.
110.15    (b) Drugs may be dispensed or distributed by a pharmacy licensed by the board for
110.16use by, or administration to, patients enrolled in a bona fide research study that is being
110.17conducted pursuant to either an investigational new drug application approved by the
110.18United States Food and Drug Administration or that has been approved by an institutional
110.19review board. For the purposes of this subdivision only:
110.20    (1) a prescription drug order is not required for a pharmacy to dispense a research
110.21drug, unless the study protocol requires the pharmacy to receive such an order;
110.22    (2) notwithstanding the prescription labeling requirements found in this chapter or
110.23the rules promulgated by the board, a research drug may be labeled as required by the
110.24study protocol; and
110.25    (3) dispensing and distribution of research drugs by pharmacies shall not be
110.26considered compounding, manufacturing, or wholesaling under this chapter.; and
110.27(4) a pharmacy may compound drugs for research studies as provided in
110.28this subdivision but must follow applicable standards established by United States
110.29Pharmacopeia, chapter 795 or 797, for nonsterile and sterile compounding, respectively.
110.30    (c) An entity that is under contract to a federal agency for the purpose of distributing
110.31drugs for bona fide research studies is exempt from the drug wholesaler licensing
110.32requirements of this chapter. Any other entity is exempt from the drug wholesaler
110.33licensing requirements of this chapter if the board finds that the entity is licensed or
110.34registered according to the laws of the state in which it is physically located and it is
110.35distributing drugs for use by, or administration to, patients enrolled in a bona fide research
110.36study that is being conducted pursuant to either an investigational new drug application
111.1approved by the United States Food and Drug Administration or that has been approved
111.2by an institutional review board.
111.3    Subd. 5. Exclusion for course of practice. Nothing in this chapter shall prohibit
111.4the sale to, or the possession of, a legend drug by licensed drug wholesalers, licensed
111.5manufacturers, registered pharmacies, local detoxification centers, licensed hospitals,
111.6bona fide hospitals wherein animals are treated, or licensed pharmacists and licensed
111.7practitioners while acting within the course of their practice only.
111.8    Subd. 6. Exclusion for course of employment. (a) Nothing in this chapter shall
111.9prohibit the possession of a legend drug by an employee, agent, or sales representative of
111.10a registered drug manufacturer, or an employee or agent of a registered drug wholesaler,
111.11or registered pharmacy, while acting in the course of employment.
111.12(b) Nothing in this chapter shall prohibit the following entities from possessing a
111.13legend drug for the purpose of disposing of the legend drug as pharmaceutical waste:
111.14(1) a law enforcement officer;
111.15(2) a hazardous waste transporter licensed by the Department of Transportation;
111.16(3) a facility permitted by the Pollution Control Agency to treat, store, or dispose of
111.17hazardous waste, including household hazardous waste;
111.18(4) a facility licensed by the Pollution Control Agency or a metropolitan county as a
111.19very small quantity generator collection program or a minimal generator;
111.20(5) a county that collects, stores, transports, or disposes of a legend drug pursuant to
111.21a program in compliance with applicable federal law or a person authorized by the county
111.22to conduct one or more of these activities; or
111.23(6) a sanitary district organized under chapter 115, or a special law.
111.24    Subd. 7. Exclusion for prescriptions. (a) Nothing in this chapter shall prohibit the
111.25possession of a legend drug by a person for that person's use when it has been dispensed to
111.26the person in accordance with a valid prescription issued by a practitioner.
111.27(b) Nothing in this chapter shall prohibit a person, for whom a legend drug has
111.28been dispensed in accordance with a written or oral prescription by a practitioner, from
111.29designating a family member, caregiver, or other individual to handle the legend drug for
111.30the purpose of assisting the person in obtaining or administering the drug or sending
111.31the drug for destruction.
111.32(c) Nothing in this chapter shall prohibit a person for whom a prescription drug has
111.33been dispensed in accordance with a valid prescription issued by a practitioner from
111.34transferring the legend drug to a county that collects, stores, transports, or disposes of a
111.35legend drug pursuant to a program in compliance with applicable federal law or to a
111.36person authorized by the county to conduct one or more of these activities.
112.1    Subd. 8. Misrepresentation. It is unlawful for a person to procure, attempt to
112.2procure, possess, or control a legend drug by any of the following means:
112.3(1) deceit, misrepresentation, or subterfuge;
112.4(2) using a false name; or
112.5(3) falsely assuming the title of, or falsely representing a person to be a manufacturer,
112.6wholesaler, pharmacist, practitioner, or other authorized person for the purpose of
112.7obtaining a legend drug.
112.8    Subd. 9. Exclusion for course of laboratory employment. Nothing in this chapter
112.9shall prohibit the possession of a legend drug by an employee or agent of a registered
112.10analytical laboratory while acting in the course of laboratory employment.
112.11    Subd. 10. Purchase of drugs and other agents by commissioner of health. The
112.12commissioner of health, in preparation for and in carrying out the duties of sections
112.13144.05 , 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis
112.14drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals,
112.15antidotes, other pharmaceutical agents, and medical supplies to treat and prevent
112.16communicable disease.
112.17    Subd. 10a. Emergency use authorizations. Nothing in this chapter shall prohibit
112.18the purchase, possession, or use of a legend drug by an entity acting according to an
112.19emergency use authorization issued by the United States Food and Drug Administration
112.20pursuant to United States Code, title 21, section 360.bbb-3. The entity must be specifically
112.21tasked in a public health response plan to perform critical functions necessary to support
112.22the response to a public health incident or event.
112.23    Subd. 11. Complaint reporting Exclusion for health care educational programs.
112.24The Board of Pharmacy shall report on a quarterly basis to the Board of Optometry any
112.25complaints received regarding the prescription or administration of legend drugs under
112.26section 148.576. Nothing in this section shall prohibit an accredited public or private
112.27postsecondary school from possessing a legend drug that is not a controlled substance
112.28listed in section 152.02, provided that:
112.29(a) the school is approved by the United States secretary of education in accordance
112.30with requirements of the Higher Education Act of 1965, as amended;
112.31(b) the school provides a course of instruction that prepares individuals for
112.32employment in a health care occupation or profession;
112.33(c) the school may only possess those drugs necessary for the instruction of such
112.34individuals; and
112.35(d) the drugs may only be used in the course of providing such instruction and are
112.36labeled by the purchaser to indicate that they are not to be administered to patients.
113.1Those areas of the school in which legend drugs are stored are subject to section
113.2151.06, subdivision 1, paragraph (a), clause (4).

113.3    Sec. 16. Minnesota Statutes 2012, section 151.44, is amended to read:
113.4151.44 DEFINITIONS.
113.5As used in sections 151.43 to 151.51, the following terms have the meanings given
113.6in paragraphs (a) to (h):
113.7(a) "Wholesale drug distribution" means distribution of prescription or
113.8nonprescription drugs to persons other than a consumer or patient or reverse distribution
113.9of such drugs, but does not include:
113.10(1) a sale between a division, subsidiary, parent, affiliated, or related company under
113.11the common ownership and control of a corporate entity;
113.12(2) the purchase or other acquisition, by a hospital or other health care entity that is a
113.13member of a group purchasing organization, of a drug for its own use from the organization
113.14or from other hospitals or health care entities that are members of such organizations;
113.15(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a
113.16drug by a charitable organization described in section 501(c)(3) of the Internal Revenue
113.17Code of 1986, as amended through December 31, 1988, to a nonprofit affiliate of the
113.18organization to the extent otherwise permitted by law;
113.19(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
113.20among hospitals or other health care entities that are under common control;
113.21(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug
113.22for emergency medical reasons;
113.23(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or
113.24the dispensing of a drug pursuant to a prescription;
113.25(7) the transfer of prescription or nonprescription drugs by a retail pharmacy to
113.26another retail pharmacy to alleviate a temporary shortage;
113.27(8) the distribution of prescription or nonprescription drug samples by manufacturers
113.28representatives; or
113.29(9) the sale, purchase, or trade of blood and blood components.
113.30(b) "Wholesale drug distributor" means anyone engaged in wholesale drug
113.31distribution including, but not limited to, manufacturers; repackers repackagers; own-label
113.32distributors; jobbers; brokers; warehouses, including manufacturers' and distributors'
113.33warehouses, chain drug warehouses, and wholesale drug warehouses; independent
113.34wholesale drug traders; and pharmacies that conduct wholesale drug distribution. A
114.1wholesale drug distributor does not include a common carrier or individual hired primarily
114.2to transport prescription or nonprescription drugs.
114.3(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
114.4propagating, compounding, processing, packaging, repackaging, or labeling of a
114.5prescription drug has the meaning provided in section 151.01, subdivision 14b.
114.6(d) "Prescription drug" means a drug required by federal or state law or regulation
114.7to be dispensed only by a prescription, including finished dosage forms and active
114.8ingredients subject to United States Code, title 21, sections 811 and 812.
114.9(e) "Blood" means whole blood collected from a single donor and processed either
114.10for transfusion or further manufacturing.
114.11(f) "Blood components" means that part of blood separated by physical or
114.12mechanical means.
114.13(g) "Reverse distribution" means the receipt of prescription or nonprescription drugs
114.14received from or shipped to Minnesota locations for the purpose of returning the drugs
114.15to their producers or distributors.
114.16(h) "Reverse distributor" means a person engaged in the reverse distribution of drugs.

114.17    Sec. 17. Minnesota Statutes 2012, section 151.58, subdivision 2, is amended to read:
114.18    Subd. 2. Definitions. For purposes of this section only, the terms defined in this
114.19subdivision have the meanings given.
114.20(a) "Automated drug distribution system" or "system" means a mechanical system
114.21approved by the board that performs operations or activities, other than compounding or
114.22administration, related to the storage, packaging, or dispensing of drugs, and collects,
114.23controls, and maintains all required transaction information and records.
114.24(b) "Health care facility" means a nursing home licensed under section 144A.02;
114.25a housing with services establishment registered under section 144D.01, subdivision 4,
114.26in which a home provider licensed under chapter 144A is providing centralized storage
114.27of medications; or a community behavioral health hospital or Minnesota sex offender
114.28program facility operated by the Department of Human Services.
114.29(c) "Managing pharmacy" means a pharmacy licensed by the board that controls and
114.30is responsible for the operation of an automated drug distribution system.

114.31    Sec. 18. Minnesota Statutes 2012, section 151.58, subdivision 3, is amended to read:
114.32    Subd. 3. Authorization. A pharmacy may use an automated drug distribution
114.33system to fill prescription drug orders for patients of a health care facility provided that the
114.34policies and procedures required by this section have been approved by the board. The
115.1automated drug distribution system may be located in a health care facility that is not at
115.2the same location as the managing pharmacy. When located within a health care facility,
115.3the system is considered to be an extension of the managing pharmacy.

115.4    Sec. 19. Minnesota Statutes 2012, section 151.58, subdivision 5, is amended to read:
115.5    Subd. 5. Operation of automated drug distribution systems. (a) The managing
115.6pharmacy and the pharmacist in charge are responsible for the operation of an automated
115.7drug distribution system.
115.8(b) Access to an automated drug distribution system must be limited to pharmacy
115.9and nonpharmacy personnel authorized to procure drugs from the system, except that field
115.10service technicians may access a system located in a health care facility for the purposes of
115.11servicing and maintaining it while being monitored either by the managing pharmacy, or a
115.12licensed nurse within the health care facility. In the case of an automated drug distribution
115.13system that is not physically located within a licensed pharmacy, access for the purpose
115.14of procuring drugs shall be limited to licensed nurses. Each person authorized to access
115.15the system must be assigned an individual specific access code. Alternatively, access to
115.16the system may be controlled through the use of biometric identification procedures. A
115.17policy specifying time access parameters, including time-outs, logoffs, and lockouts,
115.18must be in place.
115.19(c) For the purposes of this section only, the requirements of section 151.215 are met
115.20if the following clauses are met:
115.21(1) a pharmacist employed by and working at the managing pharmacy, or at a
115.22pharmacy that is acting as a central services pharmacy for the managing pharmacy,
115.23pursuant to Minnesota Rules, part 6800.4075, must review, interpret, and approve all
115.24prescription drug orders before any drug is distributed from the system to be administered
115.25to a patient. A pharmacy technician may perform data entry of prescription drug orders
115.26provided that a pharmacist certifies the accuracy of the data entry before the drug can
115.27be released from the automated drug distribution system. A pharmacist employed by
115.28and working at the managing pharmacy must certify the accuracy of the filling of any
115.29cassettes, canisters, or other containers that contain drugs that will be loaded into the
115.30automated drug distribution system; and
115.31(2) when the automated drug dispensing system is located and used within the
115.32managing pharmacy, a pharmacist must personally supervise and take responsibility for all
115.33packaging and labeling associated with the use of an automated drug distribution system.
115.34(d) Access to drugs when a pharmacist has not reviewed and approved the
115.35prescription drug order is permitted only when a formal and written decision to allow such
116.1access is issued by the pharmacy and the therapeutics committee or its equivalent. The
116.2committee must specify the patient care circumstances in which such access is allowed,
116.3the drugs that can be accessed, and the staff that are allowed to access the drugs.
116.4(e) In the case of an automated drug distribution system that does not utilize bar
116.5coding in the loading process, the loading of a system located in a health care facility may
116.6be performed by a pharmacy technician, so long as the activity is continuously supervised,
116.7through a two-way audiovisual system by a pharmacist on duty within the managing
116.8pharmacy. In the case of an automated drug distribution system that utilizes bar coding
116.9in the loading process, the loading of a system located in a health care facility may be
116.10performed by a pharmacy technician or a licensed nurse, provided that the managing
116.11pharmacy retains an electronic record of loading activities.
116.12(f) The automated drug distribution system must be under the supervision of a
116.13pharmacist. The pharmacist is not required to be physically present at the site of the
116.14automated drug distribution system if the system is continuously monitored electronically
116.15by the managing pharmacy. A pharmacist on duty within a pharmacy licensed by the
116.16board must be continuously available to address any problems detected by the monitoring
116.17or to answer questions from the staff of the health care facility. The licensed pharmacy
116.18may be the managing pharmacy or a pharmacy which is acting as a central services
116.19pharmacy, pursuant to Minnesota Rules, part 6800.4075, for the managing pharmacy.

116.20    Sec. 20. Minnesota Statutes 2013 Supplement, section 152.02, subdivision 2, is
116.21amended to read:
116.22    Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this
116.23subdivision.
116.24(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of
116.25the following substances, including their analogs, isomers, esters, ethers, salts, and salts
116.26of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters,
116.27ethers, and salts is possible:
116.28(1) acetylmethadol;
116.29(2) allylprodine;
116.30(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as
116.31levomethadyl acetate);
116.32(4) alphameprodine;
116.33(5) alphamethadol;
116.34(6) alpha-methylfentanyl benzethidine;
116.35(7) betacetylmethadol;
117.1(8) betameprodine;
117.2(9) betamethadol;
117.3(10) betaprodine;
117.4(11) clonitazene;
117.5(12) dextromoramide;
117.6(13) diampromide;
117.7(14) diethyliambutene;
117.8(15) difenoxin;
117.9(16) dimenoxadol;
117.10(17) dimepheptanol;
117.11(18) dimethyliambutene;
117.12(19) dioxaphetyl butyrate;
117.13(20) dipipanone;
117.14(21) ethylmethylthiambutene;
117.15(22) etonitazene;
117.16(23) etoxeridine;
117.17(24) furethidine;
117.18(25) hydroxypethidine;
117.19(26) ketobemidone;
117.20(27) levomoramide;
117.21(28) levophenacylmorphan;
117.22(29) 3-methylfentanyl;
117.23(30) acetyl-alpha-methylfentanyl;
117.24(31) alpha-methylthiofentanyl;
117.25(32) benzylfentanyl beta-hydroxyfentanyl;
117.26(33) beta-hydroxy-3-methylfentanyl;
117.27(34) 3-methylthiofentanyl;
117.28(35) thenylfentanyl;
117.29(36) thiofentanyl;
117.30(37) para-fluorofentanyl;
117.31(38) morpheridine;
117.32(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
117.33(40) noracymethadol;
117.34(41) norlevorphanol;
117.35(42) normethadone;
117.36(43) norpipanone;
118.1(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
118.2(45) phenadoxone;
118.3(46) phenampromide;
118.4(47) phenomorphan;
118.5(48) phenoperidine;
118.6(49) piritramide;
118.7(50) proheptazine;
118.8(51) properidine;
118.9(52) propiram;
118.10(53) racemoramide;
118.11(54) tilidine;
118.12(55) trimeperidine.
118.13(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl).
118.14(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
118.15and salts of isomers, unless specifically excepted or unless listed in another schedule,
118.16whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
118.17(1) acetorphine;
118.18(2) acetyldihydrocodeine;
118.19(3) benzylmorphine;
118.20(4) codeine methylbromide;
118.21(5) codeine-n-oxide;
118.22(6) cyprenorphine;
118.23(7) desomorphine;
118.24(8) dihydromorphine;
118.25(9) drotebanol;
118.26(10) etorphine;
118.27(11) heroin;
118.28(12) hydromorphinol;
118.29(13) methyldesorphine;
118.30(14) methyldihydromorphine;
118.31(15) morphine methylbromide;
118.32(16) morphine methylsulfonate;
118.33(17) morphine-n-oxide;
118.34(18) myrophine;
118.35(19) nicocodeine;
118.36(20) nicomorphine;
119.1(21) normorphine;
119.2(22) pholcodine;
119.3(23) thebacon.
119.4(d) Hallucinogens. Any material, compound, mixture or preparation which contains
119.5any quantity of the following substances, their analogs, salts, isomers (whether optical,
119.6positional, or geometric), and salts of isomers, unless specifically excepted or unless listed
119.7in another schedule, whenever the existence of the analogs, salts, isomers, and salts of
119.8isomers is possible:
119.9(1) methylenedioxy amphetamine;
119.10(2) methylenedioxymethamphetamine;
119.11(3) methylenedioxy-N-ethylamphetamine (MDEA);
119.12(4) n-hydroxy-methylenedioxyamphetamine;
119.13(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
119.14(6) 2,5-dimethoxyamphetamine (2,5-DMA);
119.15(7) 4-methoxyamphetamine;
119.16(8) 5-methoxy-3, 4-methylenedioxy amphetamine;
119.17(9) alpha-ethyltryptamine;
119.18(10) bufotenine;
119.19(11) diethyltryptamine;
119.20(12) dimethyltryptamine;
119.21(13) 3,4,5-trimethoxy amphetamine;
119.22(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
119.23(15) ibogaine;
119.24(16) lysergic acid diethylamide (LSD);
119.25(17) mescaline;
119.26(18) parahexyl;
119.27(19) N-ethyl-3-piperidyl benzilate;
119.28(20) N-methyl-3-piperidyl benzilate;
119.29(21) psilocybin;
119.30(22) psilocyn;
119.31(23) tenocyclidine (TPCP or TCP);
119.32(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
119.33(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
119.34(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
119.35(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
119.36(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
120.1(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
120.2(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
120.3(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
120.4(32) 4-methyl-2,5-dimethoxyphenethylamine (2-CD);
120.5(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
120.6(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
120.7(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
120.8(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
120.9(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
120.10(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
120.11(2-CB-FLY);
120.12(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
120.13(40) alpha-methyltryptamine (AMT);
120.14(41) N,N-diisopropyltryptamine (DiPT);
120.15(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
120.16(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
120.17(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
120.18(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
120.19(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
120.20(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
120.21(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
120.22(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
120.23(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
120.24(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
120.25(52) 5-methoxy-N-methyl-N-propyltryptamine (5-MeO-MiPT);
120.26(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
120.27(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
120.28(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
120.29(56) 5-methoxy-N,N-diallytryptamine (5-MeO-DALT);
120.30(57) methoxetamine (MXE);
120.31(58) 5-iodo-2-aminoindane (5-IAI);
120.32(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
120.33(60) 2-(4-iodo-2,5-dimethoxyphenyl)-N-[(2-methoxyphenyl)methyl]ethanamine
120.34(25I-NBOMe).
120.35(e) Peyote. All parts of the plant presently classified botanically as Lophophora
120.36williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part
121.1of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation
121.2of the plant, its seeds or extracts. The listing of peyote as a controlled substance in
121.3Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies
121.4of the American Indian Church, and members of the American Indian Church are exempt
121.5from registration. Any person who manufactures peyote for or distributes peyote to the
121.6American Indian Church, however, is required to obtain federal registration annually and
121.7to comply with all other requirements of law.
121.8(f) Central nervous system depressants. Unless specifically excepted or unless listed
121.9in another schedule, any material compound, mixture, or preparation which contains any
121.10quantity of the following substances, their analogs, salts, isomers, and salts of isomers
121.11whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
121.12(1) mecloqualone;
121.13(2) methaqualone;
121.14(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
121.15(4) flunitrazepam.
121.16(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
121.17material compound, mixture, or preparation which contains any quantity of the following
121.18substances, their analogs, salts, isomers, and salts of isomers whenever the existence of
121.19the analogs, salts, isomers, and salts of isomers is possible:
121.20    (1) aminorex;
121.21(2) cathinone;
121.22(3) fenethylline;
121.23    (4) methcathinone;
121.24(5) methylaminorex;
121.25(6) N,N-dimethylamphetamine;
121.26(7) N-benzylpiperazine (BZP);
121.27(8) methylmethcathinone (mephedrone);
121.28(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
121.29(10) methoxymethcathinone (methedrone);
121.30(11) methylenedioxypyrovalerone (MDPV);
121.31(12) fluoromethcathinone;
121.32(13) methylethcathinone (MEC);
121.33(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
121.34(15) dimethylmethcathinone (DMMC);
121.35(16) fluoroamphetamine;
121.36(17) fluoromethamphetamine;
122.1(18) α-methylaminobutyrophenone (MABP or buphedrone);
122.2(19) β-keto-N-methylbenzodioxolylpropylamine (bk-MBDB or butylone);
122.3(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
122.4(21) naphthylpyrovalerone (naphyrone); and
122.5(22) (RS)-1-phenyl-2-(1-pyrrolidinyl)-1-pentanone (alpha-PVP or
122.6alpha-pyrrolidinovalerophenone);
122.7(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or
122.8MPHP); and
122.9(22) (24) any other substance, except bupropion or compounds listed under a
122.10different schedule, that is structurally derived from 2-aminopropan-1-one by substitution
122.11at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not
122.12the compound is further modified in any of the following ways:
122.13(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
122.14haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
122.15system by one or more other univalent substituents;
122.16(ii) by substitution at the 3-position with an acyclic alkyl substituent;
122.17(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
122.18methoxybenzyl groups; or
122.19(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
122.20(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless
122.21specifically excepted or unless listed in another schedule, any natural or synthetic material,
122.22compound, mixture, or preparation that contains any quantity of the following substances,
122.23their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers,
122.24whenever the existence of the isomers, esters, ethers, or salts is possible:
122.25(1) marijuana;
122.26(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis,
122.27synthetic equivalents of the substances contained in the cannabis plant or in the
122.28resinous extractives of the plant, or synthetic substances with similar chemical structure
122.29and pharmacological activity to those substances contained in the plant or resinous
122.30extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans
122.31tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
122.32(3) synthetic cannabinoids, including the following substances:
122.33(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
122.34structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
122.35alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
122.362-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
123.1extent and whether or not substituted in the naphthyl ring to any extent. Examples of
123.2naphthoylindoles include, but are not limited to:
123.3(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
123.4(B) 1-Butul-3-(1-naphthoyl)indole (JWH-073);
123.5(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
123.6(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
123.7(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
123.8(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
123.9(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
123.10(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
123.11(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
123.12(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
123.13(ii) Napthylmethylindoles, which are any compounds containing a
123.141H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom
123.15of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
123.161-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
123.17substituted in the indole ring to any extent and whether or not substituted in the naphthyl
123.18ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
123.19(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
123.20(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methan (JWH-184).
123.21(iii) Naphthoylpyrroles, which are any compounds containing a
123.223-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the
123.23pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
123.241-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
123.25further substituted in the pyrrole ring to any extent, whether or not substituted in the
123.26naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to,
123.27(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
123.28(iv) Naphthylmethylindenes, which are any compounds containing a
123.29naphthylideneindene structure with substitution at the 3-position of the indene
123.30ring by an allkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
123.311-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further
123.32substituted in the indene ring to any extent, whether or not substituted in the naphthyl
123.33ring to any extent. Examples of naphthylemethylindenes include, but are not limited to,
123.34E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
123.35(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
123.36structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
124.1alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
124.22-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
124.3any extent, whether or not substituted in the phenyl ring to any extent. Examples of
124.4phenylacetylindoles include, but are not limited to:
124.5(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
124.6(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
124.7(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
124.8(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
124.9(vi) Cyclohexylphenols, which are compounds containing a
124.102-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position
124.11of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
124.121-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not
124.13substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include,
124.14but are not limited to:
124.15(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
124.16(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
124.17(Cannabicyclohexanol or CP 47,497 C8 homologue);
124.18(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
124.19-phenol (CP 55,940).
124.20(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole
124.21structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
124.22alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
124.232-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to
124.24any extent and whether or not substituted in the phenyl ring to any extent. Examples of
124.25benzoylindoles include, but are not limited to:
124.26(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
124.27(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
124.28(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone
124.29(WIN 48,098 or Pravadoline).
124.30(viii) Others specifically named:
124.31(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
124.32-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
124.33(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
124.34-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
124.35(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
124.36-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
125.1(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
125.2(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
125.3(XLR-11);
125.4(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
125.5(AKB-48(APINACA));
125.6(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
125.7(5-Fluoro-AKB-48);
125.8(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
125.9(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro
125.10PB-22).;
125.11(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole-
125.123-carboxamide (AB-PINACA);
125.13(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
125.141H-indazole-3-carboxamide (AB-FUBINACA).
125.15(i) A controlled substance analog, to the extent that it is implicitly or explicitly
125.16intended for human consumption.

125.17    Sec. 21. Minnesota Statutes 2012, section 152.02, subdivision 8b, is amended to read:
125.18    Subd. 8b. Board of Pharmacy; expedited scheduling of additional substances.
125.19(a) The state Board of Pharmacy may, by rule, add a substance to Schedule I provided that
125.20it finds that the substance has a high potential for abuse, has no currently accepted medical
125.21use in the United States, has a lack of accepted safety for use under medical supervision,
125.22has known adverse health effects, and is currently available for use within the state. For
125.23the purposes of this subdivision only, the board may use the expedited rulemaking process
125.24under section 14.389. The scheduling of a substance under this subdivision expires the
125.25day after the adjournment of the legislative session immediately following the substance's
125.26scheduling unless the legislature by law ratifies the action.
125.27(b) If the board schedules a substance under this subdivision, the board shall notify
125.28in a timely manner the chairs and ranking minority members of the senate and house of
125.29representatives committees having jurisdiction over criminal justice and health policy
125.30and finance of the action and the reasons for it. The notice must include a copy of the
125.31administrative law judge's decision on the matter.
125.32(c) This subdivision expires August 1, 2014.


126.3    Section 1. Minnesota Statutes 2012, section 62U.04, subdivision 4, is amended to read:
126.4    Subd. 4. Encounter data. (a) Beginning July 1, 2009, and every six months
126.5thereafter, all health plan companies and third-party administrators shall submit encounter
126.6data to a private entity designated by the commissioner of health. The data shall be
126.7submitted in a form and manner specified by the commissioner subject to the following
126.8requirements:
126.9    (1) the data must be de-identified data as described under the Code of Federal
126.10Regulations, title 45, section 164.514;
126.11    (2) the data for each encounter must include an identifier for the patient's health care
126.12home if the patient has selected a health care home; and
126.13    (3) except for the identifier described in clause (2), the data must not include
126.14information that is not included in a health care claim or equivalent encounter information
126.15transaction that is required under section 62J.536.
126.16    (b) The commissioner or the commissioner's designee shall only use the data
126.17submitted under paragraph (a) to carry out its responsibilities in this section, including
126.18supplying the data to providers so they can verify their results of the peer grouping process
126.19consistent with the recommendations developed pursuant to subdivision 3c, paragraph (d),
126.20and adopted by the commissioner and, if necessary, submit comments to the commissioner
126.21or initiate an appeal.
126.22    (c) Data on providers collected under this subdivision are private data on individuals
126.23or nonpublic data, as defined in section 13.02. Notwithstanding the definition of summary
126.24data in section 13.02, subdivision 19, summary data prepared under this subdivision
126.25may be derived from nonpublic data. The commissioner or the commissioner's designee
126.26shall establish procedures and safeguards to protect the integrity and confidentiality of
126.27any data that it maintains.
126.28    (d) The commissioner or the commissioner's designee shall not publish analyses or
126.29reports that identify, or could potentially identify, individual patients.
126.30(e) The commissioner shall compile summary information on the data submitted
126.31under this subdivision. The commissioner shall work with its vendors to assess the
126.32data submitted in terms of compliance with the data submission requirements and the
126.33completeness of the data submitted by comparing the data with summary information
126.34compiled by the commissioner and with established and emerging data quality standards
126.35to ensure data quality.

127.1    Sec. 2. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
127.2to read:
127.3    Subd. 10. Suspension. Notwithstanding subdivisions 3, 3a, 3b, 3c, and 3d, the
127.4commissioner shall suspend the development and implementation of the provider peer
127.5grouping system required under this section. This suspension shall continue until the
127.6legislature authorizes the commissioner to resume this activity.

127.7    Sec. 3. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
127.8to read:
127.9    Subd. 11. Restricted uses of the all-payer claims data. (a) Notwithstanding
127.10subdivision 4, paragraph (b), and subdivision 5, paragraph (b), the commissioner or the
127.11commissioner's designee shall only use the data submitted under subdivisions 4 and 5 for
127.12the following purposes:
127.13(1) to evaluate the performance of the health care home program as authorized under
127.14sections 256B.0751, subdivision 6, and 256B.0752, subdivision 2;
127.15(2) to study, in collaboration with the reducing avoidable readmissions effectively
127.16(RARE) campaign, hospital readmission trends and rates;
127.17(3) to analyze variations in health care costs, quality, utilization, and illness burden
127.18based on geographical areas or populations; and
127.19(4) to evaluate the state innovation model (SIM) testing grant received by the
127.20Departments of Health and Human Services, including the analysis of health care cost,
127.21quality, and utilization baseline and trend information for targeted populations and
127.22communities.
127.23(b) The commissioner may publish the results of the authorized uses identified
127.24in paragraph (a) so long as the data released publicly do not contain information or
127.25descriptions in which the identity of individual hospitals, clinics, or other providers may
127.26be discerned.
127.27(c) Nothing in this subdivision shall be construed to prohibit the commissioner from
127.28using the data collected under subdivision 4 to complete the state-based risk adjustment
127.29system assessment due to the legislature on October 1, 2015.
127.30(d) The commissioner or the commissioner's designee may use the data submitted
127.31under subdivisions 4 and 5 for the purpose described in paragraph (a), clause (3), until
127.32July 1, 2016.

127.33    Sec. 4. Minnesota Statutes 2012, section 62U.04, is amended by adding a subdivision
127.34to read:
128.1    Subd. 12. All-payer claims database work group. (a) The commissioner of
128.2health shall convene a work group to develop a framework for the expanded use of the
128.3all-payer claims database established under this section. The work group shall develop
128.4recommendations based on the following questions and other topics as identified by the
128.5work group:
128.6(1) what should the parameters be for allowable uses of the all-payer claims data
128.7collected under Minnesota Statutes, section 62U.04, beyond the uses authorized in
128.8Minnesota Statutes, section 62U.04, subdivision 11;
128.9(2) what type of advisory or governing body should guide the release of data from
128.10the all-payer claims database;
128.11(3) what type of funding or fee structure would be needed to support the expanded
128.12use of all-payer claims data;
128.13(4) what should the mechanisms be by which the data would be released or accessed,
128.14including the necessary information technology infrastructure to support the expanded use
128.15of the data under different assumptions related to the number of potential requests and
128.16manner of access;
128.17(5) what are the appropriate privacy and security protections needed for the
128.18expanded use of the all-payer claims database; and
128.19(6) what additional resources might be needed to support the expanded use of the
128.20all-payer claims database, including expected resources related to information technology
128.21infrastructure, review of proposals, maintenance of data use agreements, staffing an
128.22advisory body, or other new efforts.
128.23(b) The commissioner of health shall appoint the members to the work group
128.24as follows:
128.25(1) two members recommended by the Minnesota Medical Association;
128.26(2) two members recommended by the Minnesota Hospital Association;
128.27(3) two members recommended by the Minnesota Council of Health Plans;
128.28(4) one member who is a data practices expert from the Department of Administration;
128.29(5) three members who are academic researchers with expertise in claims database
128.30analysis;
128.31(6) two members representing two state agencies determined by the commissioner;
128.32(7) one member representing the Minnesota Health Care Safety Net Coalition; and
128.33(8) three members representing consumers.
128.34(c) The commissioner of health shall submit a report on the recommendations of
128.35the work group to the chairs and ranking minority members of the legislative committees
128.36and divisions with jurisdiction over health and human services, judiciary, and civil law
129.1by February 1, 2015. In considering the recommendations provided in the report, the
129.2legislature may consider whether the currently authorized uses of the all-payer claims data
129.3under this section should continue to be authorized.
129.4EFFECTIVE DATE.This section is effective the day following final enactment.

129.5    Sec. 5. Minnesota Statutes 2013 Supplement, section 144.1225, subdivision 2, is
129.6amended to read:
129.7    Subd. 2. Accreditation required. (a)(1) Except as otherwise provided in paragraph
129.8 paragraphs (b) and (c), advanced diagnostic imaging services eligible for reimbursement
129.9from any source, including, but not limited to, the individual receiving such services
129.10and any individual or group insurance contract, plan, or policy delivered in this state,
129.11including, but not limited to, private health insurance plans, workers' compensation
129.12insurance, motor vehicle insurance, the State Employee Group Insurance Program
129.13(SEGIP), and other state health care programs, shall be reimbursed only if the facility at
129.14which the service has been conducted and processed is licensed pursuant to sections
129.15144.50 to 144.56 or accredited by one of the following entities:
129.16(i) American College of Radiology (ACR);
129.17(ii) Intersocietal Accreditation Commission (IAC);
129.18(iii) the Joint Commission; or
129.19(iv) other relevant accreditation organization designated by the Secretary of the
129.20United States Department of Health and Human Services pursuant to United States Code,
129.21title 42, section 1395M.
129.22(2) All accreditation standards recognized under this section must include, but are
129.23not limited to:
129.24(i) provisions establishing qualifications of the physician;
129.25(ii) standards for quality control and routine performance monitoring by a medical
129.26physicist;
129.27(iii) qualifications of the technologist, including minimum standards of supervised
129.28clinical experience;
129.29(iv) guidelines for personnel and patient safety; and
129.30(v) standards for initial and ongoing quality control using clinical image review
129.31and quantitative testing.
129.32(b) Any facility that performs advanced diagnostic imaging services and is eligible
129.33to receive reimbursement for such services from any source in paragraph (a), clause (1),
129.34must obtain licensure pursuant to sections 144.50 to 144.56 or accreditation pursuant to
129.35paragraph (a) by August 1, 2013. Thereafter, all facilities that provide advanced diagnostic
130.1imaging services in the state must obtain licensure or accreditation prior to commencing
130.2operations and must, at all times, maintain either licensure pursuant to sections 144.50 to
130.3144.56 or accreditation with an accrediting organization as provided in paragraph (a).
130.4(c) Dental clinics or offices that perform diagnostic imaging through dental cone
130.5beam computerized tomography do not need to meet the accreditation or reporting
130.6requirements in this section.
130.7EFFECTIVE DATE.This section is effective the day following final enactment.

130.8    Sec. 6. Minnesota Statutes 2012, section 144.125, subdivision 3, is amended to read:
130.9    Subd. 3. Information provided to parents and legal guardians. (a) The
130.10department shall make information and forms available to childbirth education programs
130.11and health care providers who provide prenatal care describing the newborn screening
130.12program and the provisions of this section to be used in a discussion with expectant
130.13parents and parents of newborns. The department shall make information and forms about
130.14newborn screening available to the persons with a duty to perform testing under this
130.15section and to expectant parents and parents of newborns using electronic and other means.
130.16(b) Prior to collecting a sample, persons with a duty to perform testing under
130.17subdivision 1 must:
130.18(1) provide parents or legal guardians of infants with a document that provides
130.19the following information:
130.20(i) the benefits of newborn screening;
130.21(ii) that the blood sample will be used to test for heritable and congenital disorders,
130.22as determined under subdivision 2;
130.23(iii) the data that will be collected as part of the testing;
130.24(iv) the standard retention periods for blood samples and test results as provided in
130.25subdivision 6 the benefits associated with the department's storage of an infant's blood
130.26sample and test results;
130.27(v) that the Department of Health may store the blood samples and test results unless
130.28the parent or legal guardian elects to not have them stored;
130.29(v) (vi) that blood samples and test results will be used for program operations
130.30during the standard retention period in accordance with subdivision 5, unless the parents
130.31or legal guardians elect not to have the blood samples and test results stored;
130.32(vi) (vii) the Department of Health's Web site address where more information
130.33and forms may be obtained; and
130.34(vii) (viii) that parents or legal guardians have a right to elect not to have newborn
130.35screening performed and a right to secure private testing;
131.1(ix) that parents or legal guardians have a right to elect to have the newborn
131.2screening performed, but not have the blood samples and test results stored; and
131.3(x) that parents or legal guardians have a right to authorize in writing that the blood
131.4samples and test results may be used for public health studies or research; and
131.5(2) upon request, provide parents or legal guardians of infants with forms necessary
131.6to request that the infant not have blood collected for testing or to request to have the
131.7newborn screening performed, but not have the blood samples and test results stored; and
131.8(3) record in the infant's medical record that a parent or legal guardian of the
131.9infant has received the information provided pursuant to this subdivision and has had
131.10an opportunity to ask questions.
131.11(c) Nothing in this section prohibits a parent or legal guardian of an infant from
131.12having newborn screening performed by a private entity.
131.13EFFECTIVE DATE.This section is effective the day following final enactment.

131.14    Sec. 7. Minnesota Statutes 2012, section 144.125, subdivision 4, is amended to read:
131.15    Subd. 4. Parental options. (a) The parent or legal guardian of an infant otherwise
131.16subject to testing under this section may elect not to have newborn screening performed,
131.17or may elect to have newborn screening tests performed, but not to have the blood samples
131.18and test results stored.
131.19(b) If a parent or legal guardian elects not to have newborn screening performed or
131.20elects not to allow the blood samples and test results to be stored, then the election shall
131.21 must be recorded on a form that is signed by the parent or legal guardian. The signed form
131.22shall must be made part of the infant's medical record and a copy shall be provided to
131.23the Department of Health. When a parent or legal guardian elects not to have newborn
131.24screening performed, the person with the duty to perform testing under subdivision 1 must
131.25follow that election. A written election to decline testing exempts persons with a duty
131.26to perform testing and the Department of Health from the requirements of this section
131.27and section 144.128.
131.28EFFECTIVE DATE.This section is effective the day following final enactment.

131.29    Sec. 8. Minnesota Statutes 2012, section 144.125, subdivision 5, is amended to read:
131.30    Subd. 5. Newborn screening program operations. (a) "Newborn screening
131.31program operations" means actions, testing, and procedures directly related to the
131.32operation of the newborn screening program, limited to the following:
131.33(1) confirmatory testing;
132.1(2) laboratory quality control assurance and improvement;
132.2(3) calibration of equipment;
132.3(4) evaluating and improving the accuracy of newborn screening tests for conditions
132.4approved for screening in Minnesota;
132.5(5) validation of equipment and screening methods; and
132.6(6) continuity of operations to ensure testing can continue as required by Minnesota
132.7law in the event of an emergency; and
132.8(7) utilization of blood samples and test results for studies related to newborn
132.9screening, including studies used to develop new tests.
132.10(b) No research, or public health studies, or development of new newborn screening
132.11tests shall be conducted under this subdivision other than those described in paragraph (a)
132.12shall be conducted without written consent as described under subdivision 7.
132.13EFFECTIVE DATE.This section is effective the day following final enactment.

132.14    Sec. 9. Minnesota Statutes 2013 Supplement, section 144.125, subdivision 7, is
132.15amended to read:
132.16    Subd. 7. Parental options for extended storage and use additional research. (a)
132.17The parent or legal guardian of an infant otherwise subject to testing under this section
132.18may authorize in writing that the infant's blood sample and test results be retained and
132.19used by the Department of Health beyond the standard retention periods provided in
132.20subdivision 6 for the purposes described in subdivision 9.
132.21(b) The Department of Health must provide a consent form, with an attached
132.22Tennessen warning pursuant to section 13.04, subdivision 2. The consent form must
132.23provide the following:
132.24(1) information as to the personal identification and use of samples and test results
132.25for studies, including studies used to develop new tests;
132.26(2) (1) information as to the personal identification and use of samples and test
132.27results for public health studies or research not related to newborn screening;
132.28(3) information that explains that the Department of Health will not store a blood
132.29sample or test result for longer than 18 years from an infant's birth date;
132.30(4) (2) information that explains that, upon approval by the Department of Health's
132.31Institutional Review Board, blood samples and test results may be shared with external
132.32parties for public health studies or research; and
132.33(5) (3) information that explains that blood samples contain various components,
132.34including deoxyribonucleic acid (DNA); and
133.1(6) the benefits and risks associated with the department's storage of a child's blood
133.2sample and test results.
133.3EFFECTIVE DATE.This section is effective the day following final enactment.

133.4    Sec. 10. Minnesota Statutes 2012, section 144.125, subdivision 8, is amended to read:
133.5    Subd. 8. Extended Storage and use of samples and test results. When authorized
133.6in writing by a parent or legal guardian under subdivision 7, (a) The Department of Health
133.7may store blood samples and test results for a time period not to exceed 18 years from
133.8the infant's birth date, and may use the blood samples and test results in accordance with
133.9subdivision 9 5, unless a parent or legal guardian elects against the storage of the blood
133.10samples and test results, and in accordance with subdivision 9, if written informed consent
133.11of a parent or legal guardian is obtained.
133.12(b) If a parent, legal guardian, or individual elects against storage or revokes prior
133.13consent for storage, the blood samples must be destroyed within one week of receipt of
133.14the request, and test results must be destroyed at the earliest time allowed under Clinical
133.15Laboratory Improvement Amendments (CLIA) regulations.
133.16EFFECTIVE DATE.This section is effective the day following final enactment.

133.17    Sec. 11. Minnesota Statutes 2012, section 144.125, subdivision 9, is amended to read:
133.18    Subd. 9. Written, informed consent for other use of samples and test results.
133.19With the written, informed consent of a parent or legal guardian, the Department of Health
133.20may:
133.21(1) use blood samples and test results for studies related to newborn screening,
133.22including studies used to develop new tests; and
133.23(2) use blood samples and test results for public health studies or research not related
133.24to newborn screening, and upon approval by the Department of Health's Institutional
133.25Review Board, share samples and test results with external parties for public health
133.26studies or research.
133.27EFFECTIVE DATE.This section is effective the day following final enactment.

133.28    Sec. 12. Minnesota Statutes 2012, section 144.125, subdivision 10, is amended to read:
133.29    Subd. 10. Revoking consent for storage and use. A parent or legal guardian, or the
133.30individual whose blood was tested as an infant if the individual is 18 years of age or older,
133.31 may revoke approval for extended storage or use of blood samples or test results at any
133.32time by providing a signed and dated form requesting destruction of the blood samples
134.1or test results. The Department of Health shall make necessary forms available on the
134.2department's Web site. Blood samples must be destroyed within one week of receipt of a
134.3request or within one week of the standard retention period for blood samples provided in
134.4subdivision 6, whichever is later. and test results must be destroyed within one month of
134.5receipt of a request or within one month of the standard retention period for test results
134.6provided in subdivision 6, whichever is later at the earliest time allowed under Clinical
134.7Laboratory Improvement Amendments (CLIA) regulations.
134.8EFFECTIVE DATE.This section is effective the day following final enactment.

134.9    Sec. 13. Minnesota Statutes 2012, section 144.4165, is amended to read:
134.10144.4165 TOBACCO PRODUCTS PROHIBITED IN PUBLIC SCHOOLS.
134.11No person shall at any time smoke, chew, or otherwise ingest tobacco or a tobacco
134.12product, or inhale or exhale vapor from an electronic delivery device, in a public school,
134.13as defined in section 120A.05, subdivisions 9, 11, and 13. This prohibition extends to all
134.14facilities, whether owned, rented, or leased, and all vehicles that a school district owns,
134.15leases, rents, contracts for, or controls. Nothing in this section shall prohibit the lighting of
134.16tobacco by an adult as a part of a traditional Indian spiritual or cultural ceremony. For
134.17purposes of this section, an Indian is a person who is a member of an Indian tribe as
134.18defined in section 260.755 subdivision 12.

134.19    Sec. 14. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 1, is
134.20amended to read:
134.21    Subdivision 1. Comprehensive stroke center. A hospital meets the criteria for a
134.22comprehensive stroke center if the hospital has been certified as a comprehensive stroke
134.23center by the joint commission or another nationally recognized accreditation entity and
134.24the hospital participates in the Minnesota stroke registry program.

134.25    Sec. 15. Minnesota Statutes 2013 Supplement, section 144.493, subdivision 2, is
134.26amended to read:
134.27    Subd. 2. Primary stroke center. A hospital meets the criteria for a primary stroke
134.28center if the hospital has been certified as a primary stroke center by the joint commission
134.29or another nationally recognized accreditation entity and the hospital participates in the
134.30Minnesota stroke registry program.

134.31    Sec. 16. Minnesota Statutes 2012, section 144.565, subdivision 4, is amended to read:
135.1    Subd. 4. Definitions. For purposes of this section, the following terms have the
135.2meanings given:
135.3    (a) "Diagnostic imaging facility" means a health care facility that is not a hospital
135.4or location licensed as a hospital which offers diagnostic imaging services in Minnesota,
135.5regardless of whether the equipment used to provide the service is owned or leased. For
135.6the purposes of this section, diagnostic imaging facility includes, but is not limited to,
135.7facilities such as a physician's office, clinic, mobile transport vehicle, outpatient imaging
135.8center, or surgical center. A dental clinic or office is not considered a diagnostic imaging
135.9facility for the purpose of this section when the clinic or office performs diagnostic
135.10imaging through dental cone beam computerized tomography.
135.11    (b) "Diagnostic imaging service" means the use of ionizing radiation or other imaging
135.12technique on a human patient including, but not limited to, magnetic resonance imaging
135.13(MRI) or computerized tomography (CT) other than dental cone beam computerized
135.14tomography, positron emission tomography (PET), or single photon emission
135.15computerized tomography (SPECT) scans using fixed, portable, or mobile equipment.
135.16    (c) "Financial or economic interest" means a direct or indirect:
135.17    (1) equity or debt security issued by an entity, including, but not limited to, shares of
135.18stock in a corporation, membership in a limited liability company, beneficial interest in
135.19a trust, units or other interests in a partnership, bonds, debentures, notes or other equity
135.20interests or debt instruments, or any contractual arrangements;
135.21    (2) membership, proprietary interest, or co-ownership with an individual, group, or
135.22organization to which patients, clients, or customers are referred to; or
135.23    (3) employer-employee or independent contractor relationship, including, but not
135.24limited to, those that may occur in a limited partnership, profit-sharing arrangement, or
135.25other similar arrangement with any facility to which patients are referred, including any
135.26compensation between a facility and a health care provider, the group practice of which
135.27the provider is a member or employee or a related party with respect to any of them.
135.28    (d) "Fixed equipment" means a stationary diagnostic imaging machine installed
135.29in a permanent location.
135.30    (e) "Mobile equipment" means a diagnostic imaging machine in a self-contained
135.31transport vehicle designed to be brought to a temporary offsite location to perform
135.32diagnostic imaging services.
135.33    (f) "Portable equipment" means a diagnostic imaging machine designed to be
135.34temporarily transported within a permanent location to perform diagnostic imaging
135.35services.
136.1    (g) "Provider of diagnostic imaging services" means a diagnostic imaging facility
136.2or an entity that offers and bills for diagnostic imaging services at a facility owned or
136.3leased by the entity.
136.4EFFECTIVE DATE.This section is effective the day following final enactment.

136.5    Sec. 17. Minnesota Statutes 2013 Supplement, section 144A.474, subdivision 12,
136.6is amended to read:
136.7    Subd. 12. Reconsideration. (a) The commissioner shall make available to home
136.8care providers a correction order reconsideration process. This process may be used
136.9to challenge the correction order issued, including the level and scope described in
136.10subdivision 11, and any fine assessed. During the correction order reconsideration
136.11request, the issuance for the correction orders under reconsideration are not stayed, but
136.12the department shall post information on the Web site with the correction order that the
136.13licensee has requested a reconsideration and that the review is pending.
136.14(b) A licensed home care provider may request from the commissioner, in writing,
136.15a correction order reconsideration regarding any correction order issued to the provider.
136.16 The written request for reconsideration must be received by the commissioner within 15
136.17calendar days of the correction order issuance date. The correction order reconsideration
136.18shall not be reviewed by any surveyor, investigator, or supervisor that participated in
136.19the writing or reviewing of the correction order being disputed. The correction order
136.20reconsiderations may be conducted in person, by telephone, by another electronic form,
136.21or in writing, as determined by the commissioner. The commissioner shall respond in
136.22writing to the request from a home care provider for a correction order reconsideration
136.23within 60 days of the date the provider requests a reconsideration. The commissioner's
136.24response shall identify the commissioner's decision regarding each citation challenged by
136.25the home care provider.
136.26(c) The findings of a correction order reconsideration process shall be one or more of
136.27the following:
136.28(1) supported in full, the correction order is supported in full, with no deletion of
136.29findings to the citation;
136.30(2) supported in substance, the correction order is supported, but one or more
136.31findings are deleted or modified without any change in the citation;
136.32(3) correction order cited an incorrect home care licensing requirement, the correction
136.33order is amended by changing the correction order to the appropriate statutory reference;
136.34(4) correction order was issued under an incorrect citation, the correction order is
136.35amended to be issued under the more appropriate correction order citation;
137.1(5) the correction order is rescinded;
137.2(6) fine is amended, it is determined that the fine assigned to the correction order
137.3was applied incorrectly; or
137.4(7) the level or scope of the citation is modified based on the reconsideration.
137.5(d) If the correction order findings are changed by the commissioner, the
137.6commissioner shall update the correction order Web site.
137.7(e) This subdivision does not apply to temporary licensees.
137.8EFFECTIVE DATE.This section is effective August 1, 2014, and for current
137.9licensees as of December 31, 2013, on or after July 1, 2014, upon license renewal.

137.10    Sec. 18. Minnesota Statutes 2013 Supplement, section 144A.475, subdivision 3,
137.11is amended to read:
137.12    Subd. 3. Notice. Prior to any suspension, revocation, or refusal to renew a license,
137.13the home care provider shall be entitled to notice and a hearing as provided by sections
137.1414.57 to 14.69. In addition to any other remedy provided by law, the commissioner may,
137.15without a prior contested case hearing, temporarily suspend a license or prohibit delivery
137.16of services by a provider for not more than 90 days if the commissioner determines that
137.17the health or safety of a consumer is in imminent danger, there are level 3 or 4 violations
137.18as defined in section 144A.474, subdivision 11, paragraph (b), provided:
137.19(1) advance notice is given to the home care provider;
137.20(2) after notice, the home care provider fails to correct the problem;
137.21(3) the commissioner has reason to believe that other administrative remedies are not
137.22likely to be effective; and
137.23(4) there is an opportunity for a contested case hearing within the 90 30 days unless
137.24there is an extension granted by an administrative law judge pursuant to subdivision 3b.
137.25EFFECTIVE DATE.The amendments to this section are effective August 1, 2014,
137.26and for current licensees as of December 31, 2013, on or after July 1, 2014, upon license
137.27renewal.

137.28    Sec. 19. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
137.29adding a subdivision to read:
137.30    Subd. 3a. Hearing. Within 15 business days of receipt of the licensee's timely appeal
137.31of a sanction under this section, other than for a temporary suspension, the commissioner
137.32shall request assignment of an administrative law judge. The commissioner's request must
137.33include a proposed date, time, and place of hearing. A hearing must be conducted by an
138.1administrative law judge pursuant to Minnesota Rules, parts 1400.8505 to 1400.8612,
138.2within 90 calendar days of the request for assignment, unless an extension is requested by
138.3either party and granted by the administrative law judge for good cause or for purposes of
138.4discussing settlement. In no case shall one or more extensions be granted for a total of
138.5more than 90 calendar days unless there is a criminal action pending against the licensee.
138.6If, while a licensee continues to operate pending an appeal of an order for revocation,
138.7suspension, or refusal to renew a license, the commissioner identifies one or more new
138.8violations of law that meet the requirements of level 3 or 4 violations as defined in section
138.9144A.474, subdivision 11, paragraph (b), the commissioner shall act immediately to
138.10temporarily suspend the license under the provisions in subdivision 3.
138.11EFFECTIVE DATE.This section is effective for appeals received on or after
138.12August 1, 2014.

138.13    Sec. 20. Minnesota Statutes 2013 Supplement, section 144A.475, is amended by
138.14adding a subdivision to read:
138.15    Subd. 3b. Temporary suspension expedited hearing. (a) Within five business
138.16days of receipt of the license holder's timely appeal of a temporary suspension, the
138.17commissioner shall request assignment of an administrative law judge. The request must
138.18include a proposed date, time, and place of a hearing. A hearing must be conducted by an
138.19administrative law judge within 30 calendar days of the request for assignment, unless
138.20an extension is requested by either party and granted by the administrative law judge
138.21for good cause. The commissioner shall issue a notice of hearing by certified mail or
138.22personal service at least ten business days before the hearing. Certified mail to the last
138.23known address is sufficient. The scope of the hearing shall be limited solely to the issue of
138.24whether the temporary suspension should remain in effect and whether there is sufficient
138.25evidence to conclude that the licensee's actions or failure to comply with applicable laws
138.26are level 3 or 4 violations as defined in section 144A.474, subdivision 11, paragraph (b).
138.27(b) The administrative law judge shall issue findings of fact, conclusions, and a
138.28recommendation within ten business days from the date of hearing. The parties shall have
138.29ten calendar days to submit exceptions to the administrative law judge's report. The
138.30record shall close at the end of the ten-day period for submission of exceptions. The
138.31commissioner's final order shall be issued within ten business days from the close of the
138.32record. When an appeal of a temporary immediate suspension is withdrawn or dismissed,
138.33the commissioner shall issue a final order affirming the temporary immediate suspension
138.34within ten calendar days of the commissioner's receipt of the withdrawal or dismissal. The
138.35license holder is prohibited from operation during the 90-day temporary suspension period.
139.1(c) When the final order under paragraph (b) affirms an immediate suspension, and a
139.2final licensing sanction is issued under subdivisions 1 and 2 and the licensee appeals that
139.3sanction, the licensee is prohibited from operation pending a final commissioner's order
139.4after the contested case hearing conducted under chapter 14.
139.5EFFECTIVE DATE.This section is effective August 1, 2014.

139.6    Sec. 21. Minnesota Statutes 2012, section 144D.065, is amended to read:
139.7144D.065 TRAINING IN DEMENTIA CARE REQUIRED.
139.8(a) If a housing with services establishment registered under this chapter has a special
139.9program or special care unit for residents with Alzheimer's disease or other dementias
139.10or advertises, markets, or otherwise promotes the establishment as providing services
139.11for persons with Alzheimer's disease or related disorders other dementias, whether in a
139.12segregated or general unit, the establishment's direct care staff and their supervisors must
139.13be trained in dementia care. employees of the establishment and of the establishment's
139.14arranged home care provider must meet the following training requirements:
139.15(1) supervisors of direct care staff must have at least eight hours of initial training
139.16on topics specified under paragraph (b) within 120 hours of beginning work, and must
139.17have at least two hours of training on topics related to dementia care for each 12 months of
139.18employment thereafter;
139.19(2) direct care employees must have completed at least eight hours of initial training
139.20on topics specified under paragraph (b) within 160 hours of beginning work. Until this
139.21initial training is complete, employees cannot provide direct care unless there is another
139.22employee on site who has completed the initial eight hours of training on topics related to
139.23dementia care and who can act as a resource and assist if issues arise. A trainer or qualified
139.24supervisor must be available for consultation with the new employee until the training
139.25requirement is complete. Direct care employees must have at least two hours of training
139.26on topics related to dementia for each 12 months of employment thereafter;
139.27(3) staff who do not provide direct care, including maintenance, housekeeping,
139.28and food service staff must have at least four hours of initial training on topics specified
139.29under paragraph (b) within 160 hours of beginning work, and must have at least two
139.30hours of training on topics related to dementia care for each 12 months of employment
139.31thereafter; and
139.32(4) new employees may satisfy the initial training requirements by producing written
139.33proof that they have previously completed the required training within the past 18 months.
139.34(b) Areas of required training include:
140.1(1) an explanation of Alzheimer's disease and related disorders;
140.2(2) assistance with activities of daily living;
140.3(3) problem solving with challenging behaviors; and
140.4(4) communication skills.
140.5(c) The establishment shall provide to consumers in written or electronic form a
140.6description of the training program, the categories of employees trained, the frequency
140.7of training, and the basic topics covered. This information satisfies the disclosure
140.8requirements of section 325F.72, subdivision 2, clause (4).
140.9(d) Housing with services establishments not included in paragraph (a) that provide
140.10assisted living services under chapter 144G must meet the following training requirements:
140.11(1) supervisors of direct care staff must have at least four hours of initial training
140.12on topics specified under paragraph (b) within 120 hours of beginning work, and must
140.13have at least two hours of training on topics related to dementia care for each 12 months of
140.14employment thereafter;
140.15(2) direct care employees must have completed at least four hours of initial training
140.16on topics specified under paragraph (b) within 160 hours of beginning work. Until this
140.17initial training is complete, employees cannot provide direct care unless there is another
140.18employee on site who has completed the initial four hours of training on topics related to
140.19dementia care and who can act as a resource and assist if issues arise. A trainer or qualified
140.20supervisor must be available for consultation with the new employee until the training
140.21requirement is complete. Direct care employees must have at least two hours of training
140.22on topics related to dementia for each 12 months of employment thereafter;
140.23(3) staff who do not provide direct care, including maintenance, housekeeping,
140.24and food service staff must have at least four hours of initial training on topics specified
140.25under paragraph (b) within 160 hours of beginning work, and must have at least two
140.26hours of training on topics related to dementia care for each 12 months of employment
140.27thereafter; and
140.28(4) new employees may satisfy the initial training requirements by producing written
140.29proof that they have previously completed the required training within the past 18 months.
140.30EFFECTIVE DATE.This section is effective January 1, 2016.

140.31    Sec. 22. [144D.10] MANAGER REQUIREMENTS.
140.32(a) The person primarily responsible for oversight and management of a housing
140.33with services establishment, as designated by the owner of the housing with services
140.34establishment, must obtain at least 30 hours of continuing education for every two years of
140.35employment as the manager in topics relevant to the operations of the housing with services
141.1establishment and the needs of its tenants. Continuing education earned to maintain a
141.2professional license, such as nursing home administrator license, nursing license, social
141.3worker license, and real estate license, can be used to complete this requirement.
141.4(b) For managers of establishments identified in section 325F.72, this continuing
141.5education must include at least eight hours of documented training on the topics identified
141.6in section 144D.065, subdivision 1, paragraph (b), within 160 hours of beginning work,
141.7and two hours of training on these topics for each 12 months of employment thereafter.
141.8(c) For managers of establishments not covered by section 325F.72, but who provide
141.9assisted living services under chapter 144G, this continuing education must include at
141.10least four hours of documented training on the topics identified in section 144D.065,
141.11subdivision 1, paragraph (b), within 160 hours of beginning work, and two hours of
141.12training on these topics for each 12 months of employment thereafter.
141.13(d) A statement verifying compliance with the continuing education requirement
141.14must be included in the housing with services establishment's annual registration to the
141.15commissioner of health. The establishment must maintain records for at least three years
141.16demonstrating that the person primarily responsible for oversight and management of the
141.17establishment has attended educational programs as required by this subdivision.
141.18(e) New managers may satisfy the initial dementia training requirements by
141.19producing written proof that they have previously completed the required training within
141.20the past 18 months.
141.21EFFECTIVE DATE.This section is effective January 1, 2016.

141.22    Sec. 23. [144D.11] EMERGENCY PLANNING.
141.23(a) Each registered housing with services establishment must meet the following
141.24requirements:
141.25(1) have a written emergency disaster plan that contains a plan for evacuation,
141.26addresses elements of sheltering in place, identifies temporary relocation sites, and details
141.27staff assignments in the event of a disaster or an emergency;
141.28(2) prominently post an emergency disaster plan;
141.29(3) provide building emergency exit diagrams to all tenants upon signing a lease;
141.30(4) post emergency exit diagrams on each floor; and
141.31(5) have a written policy and procedure regarding missing tenants.
141.32(b) Each registered housing with services establishment must provide emergency
141.33and disaster training to all staff within 30 days of hire and annually thereafter and must
141.34make emergency and disaster training available to all tenants annually.
142.1(c) Each registered housing with services location must conduct and document a fire
142.2drill or other emergency drill at least every six months. To the extent possible, drills must
142.3be coordinated with local fire departments or other community emergency resources.
142.4EFFECTIVE DATE.This section is effective January 1, 2016.

142.5    Sec. 24. Minnesota Statutes 2013 Supplement, section 145.4716, subdivision 2,
142.6is amended to read:
142.7    Subd. 2. Duties of director. The director of child sex trafficking prevention is
142.8responsible for the following:
142.9    (1) developing and providing comprehensive training on sexual exploitation of
142.10youth for social service professionals, medical professionals, public health workers, and
142.11criminal justice professionals;
142.12    (2) collecting, organizing, maintaining, and disseminating information on sexual
142.13exploitation and services across the state, including maintaining a list of resources on the
142.14Department of Health Web site;
142.15    (3) monitoring and applying for federal funding for antitrafficking efforts that may
142.16benefit victims in the state;
142.17    (4) managing grant programs established under sections 145.4716 to 145.4718;
142.18    (5) managing the request for proposals for grants for comprehensive services,
142.19including trauma-informed, culturally specific services;
142.20    (6) identifying best practices in serving sexually exploited youth, as defined in
142.21section 260C.007, subdivision 31;
142.22    (6) (7) providing oversight of and technical support to regional navigators pursuant
142.23to section 145.4717;
142.24    (7) (8) conducting a comprehensive evaluation of the statewide program for safe
142.25harbor of sexually exploited youth; and
142.26    (8) (9) developing a policy consistent with the requirements of chapter 13 for sharing
142.27data related to sexually exploited youth, as defined in section 260C.007, subdivision 31,
142.28among regional navigators and community-based advocates.

142.29    Sec. 25. Minnesota Statutes 2012, section 145.928, is amended by adding a subdivision
142.30to read:
142.31    Subd. 7a. Minority run health care professional associations. The commissioner
142.32shall award grants to minority run health care professional associations to achieve the
142.33following:
142.34(1) provide collaborative mental health services to minority residents;
143.1(2) provide collaborative, holistic, and culturally competent health care services in
143.2communities with high concentrations of minority residents; and
143.3(3) collaborate on recruitment, training, and placement of minorities with health
143.4care providers.

143.5    Sec. 26. Minnesota Statutes 2012, section 149A.92, is amended by adding a
143.6subdivision to read:
143.7    Subd. 11. Scope. Notwithstanding the requirements in section 149A.50, this section
143.8applies only to funeral establishments where human remains are present for the purpose
143.9of preparation and embalming, private viewings, visitations, services, and holding of
143.10human remains while awaiting final disposition. For the purpose of this subdivision,
143.11"private viewing" means viewing of a dead human body by persons designated in section
143.12149A.80, subdivision 2.

143.13    Sec. 27. Minnesota Statutes 2012, section 325H.05, is amended to read:
143.14325H.05 POSTED WARNING REQUIRED.
143.15(a) The facility owner or operator shall conspicuously post the warning sign signs
143.16 described in paragraph paragraphs (b) and (c) within three feet of each tanning station.
143.17The sign must be clearly visible, not obstructed by any barrier, equipment, or other object,
143.18and must be posted so that it can be easily viewed by the consumer before energizing the
143.19tanning equipment.
143.20(b) The warning sign required in paragraph (a) shall have dimensions not less than
143.21eight inches by ten inches, and must have the following wording:
143.23-Follow instructions.
143.24-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin
143.25injury and allergic reactions. Repeated exposure may cause premature aging
143.26of the skin and skin cancer.
143.27-Wear protective eyewear.
143.30-Medications or cosmetics may increase your sensitivity to the ultraviolet radiation.
143.31Consult a physician before using sunlamp or tanning equipment if you are
143.32using medications or have a history of skin problems or believe yourself to be
143.33especially sensitive to sunlight."
144.1(c) All tanning facilities must prominently display a sign in a conspicuous place,
144.2at the point of sale, that states it is unlawful for a tanning facility or operator to allow a
144.3person under age 18 to use any tanning equipment.

144.4    Sec. 28. [325H.085] USE BY MINORS PROHIBITED.
144.5A person under age 18 may not use any type of tanning equipment as defined by
144.6section 325H.01, subdivision 6, available in a tanning facility in this state.

144.7    Sec. 29. Minnesota Statutes 2012, section 325H.09, is amended to read:
144.8325H.09 PENALTY.
144.9Any person who leases tanning equipment or who owns a tanning facility and who
144.10operates or permits the equipment or facility to be operated in noncompliance with the
144.11requirements of sections 325H.01 to 325H.08 325H.085 is guilty of a petty misdemeanor.

144.12    Sec. 30. [403.51] AUTOMATIC EXTERNAL DEFIBRILLATION;
144.13REGISTRATION.
144.14    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
144.15have the meanings given them.
144.16(b) "Automatic external defibrillator" or "AED" means an electronic device designed
144.17and manufactured to operate automatically or semiautomatically for the purpose of
144.18delivering an electrical current to the heart of a person in sudden cardiac arrest.
144.19(c) "AED registry" means a registry of AEDs that requires a maintenance program
144.20or package, and includes, but is not limited to, the following registries: the Minnesota
144.21AED Registry, the National AED Registry, iRescU, or a manufacturer-specific program.
144.22(d) "Person" means a natural person, partnership, association, corporation, or unit
144.23of government.
144.24(e) "Public access AED" means any AED that is intended, by its markings or display,
144.25to be used or accessed by the public for the benefit of the general public that may happen
144.26to be in the vicinity or location of that AED. It does not include an AED that is owned or
144.27used by a hospital, clinic, business, or organization that is intended to be used by staff and
144.28is not marked or displayed in a manner to encourage public access.
144.29(f) "Maintenance program or package" means a program that will alert the AED
144.30owner when the AED has electrodes and batteries due to expire or replaces those expiring
144.31electrodes and batteries for the AED owner.
144.32(g) "Public safety agency" means local law enforcement, county sheriff, municipal
144.33police, tribal agencies, state law enforcement, fire departments, including municipal
145.1departments, industrial fire brigades, and nonprofit fire departments, joint powers agencies,
145.2and licensed ambulance services.
145.3(h) "Mobile AED" means an AED that (1) is purchased with the intent of being located
145.4in a vehicle, including, but not limited to, public safety agency vehicles; or (2) will not be
145.5placed in stationary storage, including, but not limited to, an AED used at an athletic event.
145.6(i) "Private use AED" means an AED that is not intended to be used or accessed by
145.7the public for the benefit of the general public. This may include, but is not limited to,
145.8AEDs found in private residences.
145.9    Subd. 2. Registration. A person who purchases or obtains a public access AED shall
145.10register that device with an AED registry within 30 working days of receiving the AED.
145.11    Subd. 3. Required information. A person registering a public access AED shall
145.12provide the following information for each AED:
145.13(1) AED manufacturer, model, and serial number;
145.14(2) specific location where the AED will be kept; and
145.15(3) the title, address, and telephone number of a person in management at the
145.16business or organization where the AED is located.
145.17    Subd. 4. Information changes. The owner of a public access AED shall notify their
145.18AED registry of any changes in the information that is required in the registration within
145.1930 working days of the change occurring.
145.20    Subd. 5. Public access AED requirements. A public access AED:
145.21(1) may be inspected during regular business hours by a public safety agency with
145.22jurisdiction over the location of the AED;
145.23(2) shall be kept in the location specified in the registration; and
145.24(3) shall be reasonably maintained, including replacement of dead batteries and
145.25pads/electrodes, and comply with all manufacturer's recall and safety notices.
145.26    Subd. 6. Removal of AED. An authorized agent of a public safety agency with
145.27jurisdiction over the location of the AED may direct the owner of a public access AED
145.28to comply with this section. Such authorized agent of a public safety agency may direct
145.29the owner of the AED to remove the AED from its public access location and to remove
145.30or cover any public signs relating to that AED if it is determined that the AED is not
145.31ready for immediate use.
145.32    Subd. 7. Private use AEDs. The owner of a private use AED is not subject to the
145.33requirements of this section but is encouraged to maintain the AED in a consistent manner.
145.34    Subd. 8. Mobile AEDs. The owner of a mobile AED is not subject to the
145.35requirements of this section but is encouraged to maintain the AED in a consistent manner.
146.1    Subd. 9. Signs. A person acquiring a public use AED is encouraged but is not
146.2required to post signs bearing the universal AED symbol in order to increase the ease of
146.3access by the public to the AED in the event of an emergency. A person may not post any
146.4AED sign or allow any AED sign to remain posted upon being ordered to remove or cover
146.5any AED signs by an authorized agent of a public safety agency.
146.6    Subd. 10. Emergency response plans. The owner of one or more public access
146.7AEDs shall develop an emergency response plan appropriate for the nature of the facility
146.8the AED is intended to serve.
146.9    Subd. 11. No civil liability. Nothing in this section shall create any civil liability on
146.10the part of an AED owner.
146.11EFFECTIVE DATE.This section is effective August 1, 2014.

146.12    Sec. 31. Minnesota Statutes 2012, section 461.12, is amended to read:
146.13461.12 MUNICIPAL TOBACCO LICENSE OF TOBACCO,
146.14TOBACCO-RELATED DEVICES, AND SIMILAR PRODUCTS.
146.15    Subdivision 1. Authorization. A town board or the governing body of a home
146.16rule charter or statutory city may license and regulate the retail sale of tobacco and,
146.17 tobacco-related devices, and electronic delivery devices as defined in section 609.685,
146.18subdivision 1 , and nicotine and lobelia delivery products as described in section 609.6855,
146.19and establish a license fee for sales to recover the estimated cost of enforcing this chapter.
146.20The county board shall license and regulate the sale of tobacco and, tobacco-related
146.21devices, electronic delivery devices, and nicotine and lobelia products in unorganized
146.22territory of the county except on the State Fairgrounds and in a town or a home rule charter
146.23or statutory city if the town or city does not license and regulate retail sales of tobacco
146.24sales, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
146.25delivery products. The State Agricultural Society shall license and regulate the sale of
146.26tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
146.27delivery products on the State Fairgrounds. Retail establishments licensed by a town or
146.28city to sell tobacco, tobacco-related devices, electronic delivery devices, and nicotine and
146.29lobelia delivery products are not required to obtain a second license for the same location
146.30under the licensing ordinance of the county.
146.31    Subd. 2. Administrative penalties; licensees. If a licensee or employee of a
146.32licensee sells tobacco or, tobacco-related devices, electronic delivery devices, or nicotine
146.33or lobelia delivery products to a person under the age of 18 years, or violates any other
146.34provision of this chapter, the licensee shall be charged an administrative penalty of $75.
147.1An administrative penalty of $200 must be imposed for a second violation at the same
147.2location within 24 months after the initial violation. For a third violation at the same
147.3location within 24 months after the initial violation, an administrative penalty of $250
147.4must be imposed, and the licensee's authority to sell tobacco, tobacco-related devices,
147.5electronic delivery devices, or nicotine or lobelia delivery products at that location must be
147.6suspended for not less than seven days. No suspension or penalty may take effect until the
147.7licensee has received notice, served personally or by mail, of the alleged violation and an
147.8opportunity for a hearing before a person authorized by the licensing authority to conduct
147.9the hearing. A decision that a violation has occurred must be in writing.
147.10    Subd. 3. Administrative penalty; individuals. An individual who sells tobacco
147.11or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
147.12products to a person under the age of 18 years must be charged an administrative penalty
147.13of $50. No penalty may be imposed until the individual has received notice, served
147.14personally or by mail, of the alleged violation and an opportunity for a hearing before a
147.15person authorized by the licensing authority to conduct the hearing. A decision that a
147.16violation has occurred must be in writing.
147.17    Subd. 4. Minors. The licensing authority shall consult with interested educators,
147.18parents, children, and representatives of the court system to develop alternative penalties
147.19for minors who purchase, possess, and consume tobacco or, tobacco-related devices,
147.20electronic delivery devices, or nicotine or lobelia delivery products. The licensing
147.21authority and the interested persons shall consider a variety of options, including, but
147.22not limited to, tobacco free education programs, notice to schools, parents, community
147.23service, and other court diversion programs.
147.24    Subd. 5. Compliance checks. A licensing authority shall conduct unannounced
147.25compliance checks at least once each calendar year at each location where tobacco is,
147.26tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products
147.27are sold to test compliance with section sections 609.685 and 609.6855. Compliance
147.28checks must involve minors over the age of 15, but under the age of 18, who, with the prior
147.29written consent of a parent or guardian, attempt to purchase tobacco or, tobacco-related
147.30devices, electronic delivery devices, or nicotine or lobelia delivery products under the
147.31direct supervision of a law enforcement officer or an employee of the licensing authority.
147.32    Subd. 6. Defense. It is an affirmative defense to the charge of selling tobacco
147.33or, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
147.34products to a person under the age of 18 years in violation of subdivision 2 or 3 that the
147.35licensee or individual making the sale relied in good faith upon proof of age as described
147.36in section 340A.503, subdivision 6.
148.1    Subd. 7. Judicial review. Any person aggrieved by a decision under subdivision
148.22 or 3 may have the decision reviewed in the district court in the same manner and
148.3procedure as provided in section 462.361.
148.4    Subd. 8. Notice to commissioner. The licensing authority under this section shall,
148.5within 30 days of the issuance of a license, inform the commissioner of revenue of the
148.6licensee's name, address, trade name, and the effective and expiration dates of the license.
148.7The commissioner of revenue must also be informed of a license renewal, transfer,
148.8cancellation, suspension, or revocation during the license period.

148.9    Sec. 32. Minnesota Statutes 2012, section 461.18, is amended to read:
148.10461.18 BAN ON SELF-SERVICE SALE OF PACKS; EXCEPTIONS.
148.11    Subdivision 1. Except in adult-only facilities. (a) No person shall offer for sale
148.12tobacco or tobacco-related devices, or electronic delivery devices as defined in section
148.13609.685, subdivision 1 , or nicotine or lobelia delivery products as described in section
148.14609.6855, in open displays which are accessible to the public without the intervention
148.15of a store employee.
148.16(b) [Expired August 28, 1997]
148.17(c) [Expired]
148.18(d) This subdivision shall not apply to retail stores which derive at least 90 percent
148.19of their revenue from tobacco and tobacco-related products devices and where the retailer
148.20ensures that no person younger than 18 years of age is present, or permitted to enter, at
148.21any time.
148.22    Subd. 2. Vending machine sales prohibited. No person shall sell tobacco products,
148.23electronic delivery devices, or nicotine or lobelia delivery products from vending
148.24machines. This subdivision does not apply to vending machines in facilities that cannot be
148.25entered at any time by persons younger than 18 years of age.
148.26    Subd. 3. Federal regulations for cartons, multipacks. Code of Federal
148.27Regulations, title 21, part 897.16(c), is incorporated by reference with respect to cartons
148.28and other multipack units.

148.29    Sec. 33. Minnesota Statutes 2012, section 461.19, is amended to read:
148.30461.19 EFFECT ON LOCAL ORDINANCE; NOTICE.
148.31Sections 461.12 to 461.18 do not preempt a local ordinance that provides for more
148.32restrictive regulation of sales of tobacco sales, tobacco-related devices, electronic delivery
148.33devices, and nicotine and lobelia products. A governing body shall give notice of its
148.34intention to consider adoption or substantial amendment of any local ordinance required
149.1under section 461.12 or permitted under this section. The governing body shall take
149.2reasonable steps to send notice by mail at least 30 days prior to the meeting to the last
149.3known address of each licensee or person required to hold a license under section 461.12.
149.4The notice shall state the time, place, and date of the meeting and the subject matter of
149.5the proposed ordinance.

149.6    Sec. 34. Minnesota Statutes 2012, section 609.685, is amended to read:
149.7609.685 SALE OF TOBACCO TO CHILDREN.
149.8    Subdivision 1. Definitions. For the purposes of this section, the following terms
149.9shall have the meanings respectively ascribed to them in this section.
149.10(a) "Tobacco" means cigarettes and any product containing, made, or derived from
149.11tobacco that is intended for human consumption, whether chewed, smoked, absorbed,
149.12dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component,
149.13part, or accessory of a tobacco product; including but not limited to cigars; cheroots;
149.14stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco;
149.15snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos;
149.16shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and
149.17forms of tobacco. Tobacco excludes any tobacco product that has been approved by the
149.18United States Food and Drug Administration for sale as a tobacco-cessation product, as a
149.19tobacco-dependence product, or for other medical purposes, and is being marketed and
149.20sold solely for such an approved purpose.
149.21(b) "Tobacco-related devices" means cigarette papers or pipes for smoking or
149.22other devices intentionally designed or intended to be used in a manner which enables
149.23the chewing, sniffing, smoking, or inhalation of vapors of tobacco or tobacco products.
149.24Tobacco-related devices include components of tobacco-related devices which may be
149.25marketed or sold separately.
149.26(c) "Electronic delivery device" means any product containing or delivering nicotine,
149.27lobelia, or any other substance intended for human consumption that can be used by a
149.28person to simulate smoking in the delivery of nicotine or any other substance through
149.29inhalation of vapor from the product. Electronic delivery device includes any component
149.30part of a product, whether or not marketed or sold separately. Electronic delivery device
149.31does not include any product that has been approved or certified by the United States Food
149.32and Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence
149.33product, or for other medical purposes, and is marketed and sold for such an approved
149.34purpose.
150.1    Subd. 1a. Penalty to sell. (a) Whoever sells tobacco, tobacco-related devices, or
150.2electronic delivery devices to a person under the age of 18 years is guilty of a misdemeanor
150.3for the first violation. Whoever violates this subdivision a subsequent time within five
150.4years of a previous conviction under this subdivision is guilty of a gross misdemeanor.
150.5(b) It is an affirmative defense to a charge under this subdivision if the defendant
150.6proves by a preponderance of the evidence that the defendant reasonably and in good faith
150.7relied on proof of age as described in section 340A.503, subdivision 6.
150.8    Subd. 2. Other offenses. (a) Whoever furnishes tobacco or, tobacco-related
150.9devices, or electronic delivery devices to a person under the age of 18 years is guilty of a
150.10misdemeanor for the first violation. Whoever violates this paragraph a subsequent time is
150.11guilty of a gross misdemeanor.
150.12(b) A person under the age of 18 years who purchases or attempts to purchase
150.13tobacco or, tobacco-related devices, or electronic delivery devices and who uses a driver's
150.14license, permit, Minnesota identification card, or any type of false identification to
150.15misrepresent the person's age, is guilty of a misdemeanor.
150.16    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivision 2,
150.17whoever possesses, smokes, chews, or otherwise ingests, purchases, or attempts to
150.18purchase tobacco or tobacco related, tobacco-related devices, or electronic delivery
150.19devices and is under the age of 18 years is guilty of a petty misdemeanor.
150.20    Subd. 4. Effect on local ordinances. Nothing in subdivisions 1 to 3 shall supersede
150.21or preclude the continuation or adoption of any local ordinance which provides for more
150.22stringent regulation of the subject matter in subdivisions 1 to 3.
150.23    Subd. 5. Exceptions. (a) Notwithstanding subdivision 2, an Indian may furnish
150.24tobacco to an Indian under the age of 18 years if the tobacco is furnished as part of a
150.25traditional Indian spiritual or cultural ceremony. For purposes of this paragraph, an Indian
150.26is a person who is a member of an Indian tribe as defined in section 260.755, subdivision 12.
150.27(b) The penalties in this section do not apply to a person under the age of 18 years
150.28who purchases or attempts to purchase tobacco or, tobacco-related devices, or electronic
150.29delivery devices while under the direct supervision of a responsible adult for training,
150.30education, research, or enforcement purposes.
150.31    Subd. 6. Seizure of false identification. A retailer may seize a form of identification
150.32listed in section 340A.503, subdivision 6, if the retailer has reasonable grounds to believe
150.33that the form of identification has been altered or falsified or is being used to violate any
150.34law. A retailer that seizes a form of identification as authorized under this subdivision
150.35shall deliver it to a law enforcement agency within 24 hours of seizing it.

151.1    Sec. 35. Minnesota Statutes 2012, section 609.6855, is amended to read:
151.2609.6855 SALE OF NICOTINE DELIVERY PRODUCTS TO CHILDREN.
151.3    Subdivision 1. Penalty to sell. (a) Whoever sells to a person under the age of
151.418 years a product containing or delivering nicotine or lobelia intended for human
151.5consumption, or any part of such a product, that is not tobacco or an electronic delivery
151.6device as defined by section 609.685, is guilty of a misdemeanor for the first violation.
151.7Whoever violates this subdivision a subsequent time within five years of a previous
151.8conviction under this subdivision is guilty of a gross misdemeanor.
151.9(b) It is an affirmative defense to a charge under this subdivision if the defendant
151.10proves by a preponderance of the evidence that the defendant reasonably and in good faith
151.11relied on proof of age as described in section 340A.503, subdivision 6.
151.12(c) Notwithstanding paragraph (a), a product containing or delivering nicotine or
151.13lobelia intended for human consumption, or any part of such a product, that is not tobacco
151.14 or an electronic delivery device as defined by section 609.685, may be sold to persons
151.15under the age of 18 if the product has been approved or otherwise certified for legal sale
151.16by the United States Food and Drug Administration for tobacco use cessation, harm
151.17reduction, or for other medical purposes, and is being marketed and sold solely for that
151.18approved purpose.
151.19    Subd. 2. Other offense. A person under the age of 18 years who purchases or
151.20attempts to purchase a product containing or delivering nicotine or lobelia intended for
151.21human consumption, or any part of such a product, that is not tobacco or an electronic
151.22delivery device as defined by section 609.685, and who uses a driver's license, permit,
151.23Minnesota identification card, or any type of false identification to misrepresent the
151.24person's age, is guilty of a misdemeanor.
151.25    Subd. 3. Petty misdemeanor. Except as otherwise provided in subdivisions 1 and
151.262, whoever is under the age of 18 years and possesses, purchases, or attempts to purchase
151.27a product containing or delivering nicotine or lobelia intended for human consumption, or
151.28any part of such a product, that is not tobacco or an electronic delivery device as defined
151.29by section 609.685, is guilty of a petty misdemeanor.

151.30    Sec. 36. EVALUATION AND REPORTING REQUIREMENTS.
151.31(a) The commissioner of health shall consult with the Alzheimer's Association,
151.32Aging Services of Minnesota, Care Providers of Minnesota, the ombudsman for long-term
151.33care, and other stakeholders to evaluate the following:
152.1(1) whether additional settings, provider types, licensed and unlicensed personnel,
152.2and health care services regulated by the commissioner should be included under this
152.3training mandate;
152.4(2) cost implications for the groups or individuals identified in clause (1) to comply
152.5with the training requirements;
152.6(3) dementia education options available;
152.7(4) existing dementia training mandates under federal and state statutes and rules; and
152.8(5) the enforceability of Minnesota Statutes, sections 144D.065, 144D.10, and
152.9144D.11, and methods to determine compliance with the training requirements.
152.10(b) The commissioner shall report the evaluation to the chairs of the health and
152.11human services committees of the legislature no later than February 15, 2015, along with
152.12any recommendations for legislative changes.

152.13    Sec. 37. LIMITED OPT-IN EXCEPTION.
152.14Parents and legal guardians of infants born prior to the effective date of this act
152.15may give the Department of Health written consent for storage and use as described in
152.16Minnesota Statutes, section 144.125, subdivisions 5 and 8.
152.17EFFECTIVE DATE.This section is effective the day following final enactment.

152.18    Sec. 38. REPEALER.
152.19(a) Minnesota Statutes 2012, section 144.125, subdivision 6, is repealed the day
152.20following final enactment.
152.21(b) Minnesota Statutes 2012, sections 325H.06; and 325H.08, are repealed.


152.24    Section 1. Minnesota Statutes 2012, section 145A.02, is amended by adding a
152.25subdivision to read:
152.26    Subd. 1a. Areas of public health responsibility. "Areas of public health
152.27responsibility" means:
152.28(1) assuring an adequate local public health infrastructure;
152.29(2) promoting healthy communities and healthy behaviors;
152.30(3) preventing the spread of communicable disease;
152.31(4) protecting against environmental health hazards;
152.32(5) preparing for and responding to emergencies; and
152.33(6) assuring health services.

153.1    Sec. 2. Minnesota Statutes 2012, section 145A.02, subdivision 5, is amended to read:
153.2    Subd. 5. Community health board. "Community health board" means a board of
153.3health established, operating, and eligible for a the governing body for local public health
153.4grant under sections 145A.09 to 145A.131. in Minnesota. The community health board
153.5may be comprised of a single county, multiple contiguous counties, or in a limited number
153.6of cases, a single city as specified in section 145A.03, subdivision 1. CHBs have the
153.7responsibilities and authority under this chapter.

153.8    Sec. 3. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
153.9to read:
153.10    Subd. 6a. Community health services administrator. "Community health services
153.11administrator" means a person who meets personnel standards for the position established
153.12under section 145A.06, subdivision 3b, and is working under a written agreement with,
153.13employed by, or under contract with a community health board to provide public health
153.14leadership and to discharge the administrative and program responsibilities on behalf of
153.15the board.

153.16    Sec. 4. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
153.17to read:
153.18    Subd. 8a. Local health department. "Local health department" means an
153.19operational entity that is responsible for the administration and implementation of
153.20programs and services to address the areas of public health responsibility. It is governed
153.21by a community health board.

153.22    Sec. 5. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
153.23to read:
153.24    Subd. 8b. Essential public health services. "Essential public health services"
153.25means the public health activities that all communities should undertake. These services
153.26serve as the framework for the National Public Health Performance Standards. In
153.27Minnesota they refer to activities that are conducted to accomplish the areas of public
153.28health responsibility. The ten essential public health services are to:
153.29(1) monitor health status to identify and solve community health problems;
153.30(2) diagnose and investigate health problems and health hazards in the community;
153.31(3) inform, educate, and empower people about health issues;
153.32(4) mobilize community partnerships and action to identify and solve health
153.33problems;
154.1(5) develop policies and plans that support individual and community health efforts;
154.2(6) enforce laws and regulations that protect health and ensure safety;
154.3(7) link people to needed personal health services and assure the provision of health
154.4care when otherwise unavailable;
154.5(8) maintain a competent public health workforce;
154.6(9) evaluate the effectiveness, accessibility, and quality of personal and
154.7population-based health services; and
154.8(10) contribute to research seeking new insights and innovative solutions to health
154.9problems.

154.10    Sec. 6. Minnesota Statutes 2012, section 145A.02, subdivision 15, is amended to read:
154.11    Subd. 15. Medical consultant. "Medical consultant" means a physician licensed
154.12to practice medicine in Minnesota who is working under a written agreement with,
154.13employed by, or on contract with a community health board of health to provide advice
154.14and information, to authorize medical procedures through standing orders protocols, and
154.15to assist a community health board of health and its staff in coordinating their activities
154.16with local medical practitioners and health care institutions.

154.17    Sec. 7. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
154.18to read:
154.19    Subd. 15a. Performance management. "Performance management" means the
154.20systematic process of using data for decision making by identifying outcomes and
154.21standards; measuring, monitoring, and communicating progress; and engaging in quality
154.22improvement activities in order to achieve desired outcomes.

154.23    Sec. 8. Minnesota Statutes 2012, section 145A.02, is amended by adding a subdivision
154.24to read:
154.25    Subd. 15b. Performance measures. "Performance measures" means quantitative
154.26ways to define and measure performance.

154.27    Sec. 9. Minnesota Statutes 2012, section 145A.03, subdivision 1, is amended to read:
154.28    Subdivision 1. Establishment; assignment of responsibilities. (a) The governing
154.29body of a city or county must undertake the responsibilities of a community health board
154.30of health or establish a board of health by establishing or joining a community health
154.31board according to paragraphs (b) to (f) and assign assigning to it the powers and duties of
154.32a board of health specified under section 145A.04.
155.1(b) A city council may ask a county or joint powers board of health to undertake
155.2the responsibilities of a board of health for the city's jurisdiction. A community health
155.3board must include within its jurisdiction a population of 30,000 or more persons or be
155.4composed of three or more contiguous counties.
155.5(c) A county board or city council within the jurisdiction of a community health
155.6board operating under sections 145A.09 to 145A.131 is preempted from forming a board of
155.7 community health board except as specified in section 145A.10, subdivision 2 145A.131.
155.8(d) A county board or a joint powers board that establishes a community health
155.9board and has or establishes an operational human services board under chapter 402 may
155.10assign the powers and duties of a community health board to a human services board.
155.11Eligibility for funding from the commissioner will be maintained if all requirements of
155.12sections 145A.03 and 145A.04 are met.
155.13(e) Community health boards established prior to January 1, 2014, including city
155.14community health boards, are eligible to maintain their status as community health boards
155.15as outlined in this subdivision.
155.16(f) A community health board may authorize, by resolution, the community
155.17health service administrator or other designated agent or agents to act on behalf of the
155.18community health board.

155.19    Sec. 10. Minnesota Statutes 2012, section 145A.03, subdivision 2, is amended to read:
155.20    Subd. 2. Joint powers community health board of health. Except as preempted
155.21under section 145A.10, subdivision 2, A county may establish a joint community health
155.22board of health by agreement with one or more contiguous counties, or a an existing city
155.23community health board may establish a joint community health board of health with one
155.24or more contiguous cities in the same county, or a city may establish a joint board of health
155.25with the existing city community health boards in the same county or counties within in
155.26 which it is located. The agreements must be established according to section 471.59.

155.27    Sec. 11. Minnesota Statutes 2012, section 145A.03, subdivision 4, is amended to read:
155.28    Subd. 4. Membership; duties of chair. A community health board of health must
155.29have at least five members, one of whom must be elected by the members as chair and one
155.30as vice-chair. The chair, or in the chair's absence, the vice-chair, must preside at meetings
155.31of the community health board of health and sign or authorize an agent to sign contracts and
155.32other documents requiring signature on behalf of the community health board of health.

155.33    Sec. 12. Minnesota Statutes 2012, section 145A.03, subdivision 5, is amended to read:
156.1    Subd. 5. Meetings. A community health board of health must hold meetings at least
156.2twice a year and as determined by its rules of procedure. The board must adopt written
156.3procedures for transacting business and must keep a public record of its transactions,
156.4findings, and determinations. Members may receive a per diem plus travel and other
156.5eligible expenses while engaged in official duties.

156.6    Sec. 13. Minnesota Statutes 2012, section 145A.03, is amended by adding a
156.7subdivision to read:
156.8    Subd. 7. Community health board; eligibility for funding. A community health
156.9board that meets the requirements of this section is eligible to receive the local public
156.10health grant under section 145A.131 and for other funds that the commissioner grants to
156.11community health boards to carry out public health activities.

156.12    Sec. 14. Minnesota Statutes 2012, section 145A.04, as amended by Laws 2013, chapter
156.1343, section 21, is amended to read:
156.14145A.04 POWERS AND DUTIES OF COMMUNITY HEALTH BOARD OF
156.15HEALTH.
156.16    Subdivision 1. Jurisdiction; enforcement. (a) A county or multicounty community
156.17health board of health has the powers and duties of a board of health for all territory within
156.18its jurisdiction not under the jurisdiction of a city board of health. Under the general
156.19supervision of the commissioner, the board shall enforce laws, regulations, and ordinances
156.20pertaining to the powers and duties of a board of health within its jurisdictional area
156.21 general responsibility for development and maintenance of a system of community health
156.22services under local administration and within a system of state guidelines and standards.
156.23(b) Under the general supervision of the commissioner, the community health board
156.24shall recommend the enforcement of laws, regulations, and ordinances pertaining to the
156.25powers and duties within its jurisdictional area. In the case of a multicounty or city
156.26community health board, the joint powers agreement under section 145A.03, subdivision
156.272, or delegation agreement under section 145A.07 shall clearly specify enforcement
156.28authorities.
156.29(c) A member of a community health board may not withdraw from a joint powers
156.30community health board during the first two calendar years following the effective
156.31date of the initial joint powers agreement. The withdrawing member must notify the
156.32commissioner and the other parties to the agreement at least one year before the beginning
156.33of the calendar year in which withdrawal takes effect.
157.1(d) The withdrawal of a county or city from a community health board does not
157.2effect the eligibility for the local public health grant of any remaining county or city for
157.3one calendar year following the effective date of withdrawal.
157.4(e) The local public health grant for a county or city that chooses to withdraw from
157.5a multicounty community health board shall be reduced by the amount of the local
157.6partnership incentive.
157.7    Subd. 1a. Duties. Consistent with the guidelines and standards established under
157.8section 145A.06, the community health board shall:
157.9(1) identify local public health priorities and implement activities to address the
157.10priorities and the areas of public health responsibility, which include:
157.11(i) assuring an adequate local public health infrastructure by maintaining the basic
157.12foundational capacities to a well-functioning public health system that includes data
157.13analysis and utilization; health planning; partnership development and community
157.14mobilization; policy development, analysis, and decision support; communication; and
157.15public health research, evaluation, and quality improvement;
157.16(ii) promoting healthy communities and healthy behavior through activities
157.17that improve health in a population, such as investing in healthy families; engaging
157.18communities to change policies, systems, or environments to promote positive health or
157.19prevent adverse health; providing information and education about healthy communities
157.20or population health status; and addressing issues of health equity, health disparities, and
157.21the social determinants to health;
157.22(iii) preventing the spread of communicable disease by preventing diseases that are
157.23caused by infectious agents through detecting acute infectious diseases, ensuring the
157.24reporting of infectious diseases, preventing the transmission of infectious diseases, and
157.25implementing control measures during infectious disease outbreaks;
157.26(iv) protecting against environmental health hazards by addressing aspects of the
157.27environment that pose risks to human health, such as monitoring air and water quality;
157.28developing policies and programs to reduce exposure to environmental health risks and
157.29promote healthy environments; and identifying and mitigating environmental risks such as
157.30food and waterborne diseases, radiation, occupational health hazards, and public health
157.31nuisances;
157.32(v) preparing and responding to emergencies by engaging in activities that prepare
157.33public health departments to respond to events and incidents and assist communities in
157.34recovery, such as providing leadership for public health preparedness activities with
157.35a community; developing, exercising, and periodically reviewing response plans for
158.1public health threats; and developing and maintaining a system of public health workforce
158.2readiness, deployment, and response; and
158.3(vi) assuring health services by engaging in activities such as assessing the
158.4availability of health-related services and health care providers in local communities,
158.5identifying gaps and barriers in services; convening community partners to improve
158.6community health systems; and providing services identified as priorities by the local
158.7assessment and planning process; and
158.8(2) submit to the commissioner of health, at least every five years, a community
158.9health assessment and community health improvement plan, which shall be developed
158.10with input from the community and take into consideration the statewide outcomes, the
158.11areas of responsibility, and essential public health services;
158.12(3) implement a performance management process in order to achieve desired
158.13outcomes; and
158.14(4) annually report to the commissioner on a set of performance measures and be
158.15prepared to provide documentation of ability to meet the performance measures.
158.16    Subd. 2. Appointment of agent community health service (CHS) administrator.
158.17A community health board of health must appoint, employ, or contract with a person or
158.18persons CHS administrator to act on its behalf. The board shall notify the commissioner
158.19of the agent's name, address, and phone number where the agent may be reached between
158.20board meetings CHS administrator's contact information and submit a copy of the
158.21resolution authorizing the agent CHS administrator to act as an agent on the board's behalf.
158.22 The resolution must specify the types of action or actions that the CHS administrator is
158.23authorized to take on behalf of the board.
158.24    Subd. 2a. Appointment of medical consultant. The community health board shall
158.25appoint, employ, or contract with a medical consultant to ensure appropriate medical
158.26advice and direction for the community health board and assist the board and its staff in
158.27the coordination of community health services with local medical care and other health
158.28services.
158.29    Subd. 3. Employment; medical consultant employees. (a) A community health
158.30board of health may establish a health department or other administrative agency and may
158.31employ persons as necessary to carry out its duties.
158.32(b) Except where prohibited by law, employees of the community health board
158.33of health may act as its agents.
158.34(c) Employees of the board of health are subject to any personnel administration
158.35rules adopted by a city council or county board forming the board of health unless the
158.36employees of the board are within the scope of a statewide personnel administration
159.1system. Persons employed by a county, city, or the state whose functions and duties are
159.2assumed by a community health board shall become employees of the board without
159.3loss in benefits, salaries, or rights.
159.4(d) The board of health may appoint, employ, or contract with a medical consultant
159.5to receive appropriate medical advice and direction.
159.6    Subd. 4. Acquisition of property; request for and acceptance of funds;
159.7collection of fees. (a) A community health board of health may acquire and hold in the
159.8name of the county or city the lands, buildings, and equipment necessary for the purposes
159.9of sections 145A.03 to 145A.131. It may do so by any lawful means, including gifts,
159.10purchase, lease, or transfer of custodial control.
159.11(b) A community health board of health may accept gifts, grants, and subsidies from
159.12any lawful source, apply for and accept state and federal funds, and request and accept
159.13local tax funds.
159.14(c) A community health board of health may establish and collect reasonable fees
159.15for performing its duties and providing community health services.
159.16(d) With the exception of licensing and inspection activities, access to community
159.17health services provided by or on contract with the community health board of health must
159.18not be denied to an individual or family because of inability to pay.
159.19    Subd. 5. Contracts. To improve efficiency, quality, and effectiveness, avoid
159.20unnecessary duplication, and gain cost advantages, a community health board of health
159.21 may contract to provide, receive, or ensure provision of services.
159.22    Subd. 6. Investigation; reporting and control of communicable diseases. A
159.23community health board of health shall make investigations, or coordinate with any county
159.24board or city council within its jurisdiction to make investigations and reports and obey
159.25instructions on the control of communicable diseases as the commissioner may direct under
159.26section 144.12, 145A.06, subdivision 2, or 145A.07. Community health boards of health
159.27 must cooperate so far as practicable to act together to prevent and control epidemic diseases.
159.28    Subd. 6a. Minnesota Responds Medical Reserve Corps; planning. A community
159.29health board of health receiving funding for emergency preparedness or pandemic
159.30influenza planning from the state or from the United States Department of Health and
159.31Human Services shall participate in planning for emergency use of volunteer health
159.32professionals through the Minnesota Responds Medical Reserve Corps program of the
159.33Department of Health. A community health board of health shall collaborate on volunteer
159.34planning with other public and private partners, including but not limited to local or
159.35regional health care providers, emergency medical services, hospitals, tribal governments,
159.36state and local emergency management, and local disaster relief organizations.
160.1    Subd. 6b. Minnesota Responds Medical Reserve Corps; agreements. A
160.2community health board of health, county, or city participating in the Minnesota Responds
160.3Medical Reserve Corps program may enter into written mutual aid agreements for
160.4deployment of its paid employees and its Minnesota Responds Medical Reserve Corps
160.5volunteers with other community health boards of health, other political subdivisions
160.6within the state, or with tribal governments within the state. A community health board
160.7of health may also enter into agreements with the Indian Health Services of the United
160.8States Department of Health and Human Services, and with boards of health, political
160.9subdivisions, and tribal governments in bordering states and Canadian provinces.
160.10    Subd. 6c. Minnesota Responds Medical Reserve Corps; when mobilized. When
160.11a community health board of health, county, or city finds that the prevention, mitigation,
160.12response to, or recovery from an actual or threatened public health event or emergency
160.13exceeds its local capacity, it shall use available mutual aid agreements. If the event or
160.14emergency exceeds mutual aid capacities, a community health board of health, county, or
160.15city may request the commissioner of health to mobilize Minnesota Responds Medical
160.16Reserve Corps volunteers from outside the jurisdiction of the community health board
160.17of health, county, or city.
160.18    Subd. 6d. Minnesota Responds Medical Reserve Corps; liability coverage.
160.19A Minnesota Responds Medical Reserve Corps volunteer responding to a request for
160.20training or assistance at the call of a community health board of health, county, or city
160.21 must be deemed an employee of the jurisdiction for purposes of workers' compensation,
160.22tort claim defense, and indemnification.
160.23    Subd. 7. Entry for inspection. To enforce public health laws, ordinances or rules, a
160.24member or agent of a community health board of health, county, or city may enter a
160.25building, conveyance, or place where contagion, infection, filth, or other source or cause
160.26of preventable disease exists or is reasonably suspected.
160.27    Subd. 8. Removal and abatement of public health nuisances. (a) If a threat to the
160.28public health such as a public health nuisance, source of filth, or cause of sickness is found
160.29on any property, the community health board of health, county, city, or its agent shall order
160.30the owner or occupant of the property to remove or abate the threat within a time specified
160.31in the notice but not longer than ten days. Action to recover costs of enforcement under
160.32this subdivision must be taken as prescribed in section 145A.08.
160.33(b) Notice for abatement or removal must be served on the owner, occupant, or agent
160.34of the property in one of the following ways:
160.35(1) by registered or certified mail;
160.36(2) by an officer authorized to serve a warrant; or
161.1(3) by a person aged 18 years or older who is not reasonably believed to be a party to
161.2any action arising from the notice.
161.3(c) If the owner of the property is unknown or absent and has no known representative
161.4upon whom notice can be served, the community health board of health, county, or city,
161.5 or its agent, shall post a written or printed notice on the property stating that, unless the
161.6threat to the public health is abated or removed within a period not longer than ten days,
161.7the community health board, county, or city will have the threat abated or removed at the
161.8expense of the owner under section 145A.08 or other applicable state or local law.
161.9(d) If the owner, occupant, or agent fails or neglects to comply with the requirement
161.10of the notice provided under paragraphs (b) and (c), then the community health board of
161.11health, county, city, or its a designated agent of the board, county, or city shall remove or
161.12abate the nuisance, source of filth, or cause of sickness described in the notice from the
161.13property.
161.14    Subd. 9. Injunctive relief. In addition to any other remedy provided by law, the
161.15community health board of health, county, or city may bring an action in the court of
161.16appropriate jurisdiction to enjoin a violation of statute, rule, or ordinance that the board
161.17has power to enforce, or to enjoin as a public health nuisance any activity or failure to
161.18act that adversely affects the public health.
161.19    Subd. 10. Hindrance of enforcement prohibited; penalty. It is a misdemeanor
161.20deliberately to deliberately hinder a member of a community health board of health,
161.21county or city, or its agent from entering a building, conveyance, or place where contagion,
161.22infection, filth, or other source or cause of preventable disease exists or is reasonably
161.23suspected, or otherwise to interfere with the performance of the duties of the board of
161.24health responsible jurisdiction.
161.25    Subd. 11. Neglect of enforcement prohibited; penalty. It is a misdemeanor for
161.26a member or agent of a community health board of health, county, or city to refuse or
161.27neglect to perform a duty imposed on a board of health an applicable jurisdiction by
161.28statute or ordinance.
161.29    Subd. 12. Other powers and duties established by law. This section does not limit
161.30powers and duties of a community health board of health, county, or city prescribed in
161.31other sections.
161.32    Subd. 13. Recommended legislation. The community health board may recommend
161.33local ordinances pertaining to community health services to any county board or city
161.34council within its jurisdiction and advise the commissioner on matters relating to public
161.35health that require assistance from the state, or that may be of more than local interest.
162.1    Subd. 14. Equal access to services. The community health board must ensure that
162.2community health services are accessible to all persons on the basis of need. No one shall
162.3be denied services because of race, color, sex, age, language, religion, nationality, inability
162.4to pay, political persuasion, or place of residence.
162.5    Subd. 15. State and local advisory committees. (a) A state community
162.6health services advisory committee is established to advise, consult with, and make
162.7recommendations to the commissioner on the development, maintenance, funding, and
162.8evaluation of local public health services. Each community health board may appoint a
162.9member to serve on the committee. The committee must meet at least quarterly, and
162.10special meetings may be called by the committee chair or a majority of the members.
162.11Members or their alternates may be reimbursed for travel and other necessary expenses
162.12while engaged in their official duties.
162.13(b) Notwithstanding section 15.059, the State Community Health Services Advisory
162.14Committee does not expire.
162.15(c) The city boards or county boards that have established or are members of a
162.16community health board may appoint a community health advisory to advise, consult
162.17with, and make recommendations to the community health board on the duties under
162.18subdivision 1a.

162.19    Sec. 15. Minnesota Statutes 2012, section 145A.05, subdivision 2, is amended to read:
162.20    Subd. 2. Animal control. In addition to powers under sections 35.67 to 35.69, a
162.21county board, city council, or municipality may adopt ordinances to issue licenses or
162.22otherwise regulate the keeping of animals, to restrain animals from running at large, to
162.23authorize the impounding and sale or summary destruction of animals, and to establish
162.24pounds.

162.25    Sec. 16. Minnesota Statutes 2012, section 145A.06, subdivision 2, is amended to read:
162.26    Subd. 2. Supervision of local enforcement. (a) In the absence of provision for a
162.27community health board of health, the commissioner may appoint three or more persons
162.28to act as a board until one is established. The commissioner may fix their compensation,
162.29which the county or city must pay.
162.30(b) The commissioner by written order may require any two or more community
162.31health boards of health, counties, or cities to act together to prevent or control epidemic
162.32diseases.
163.1(c) If a community health board, county, or city fails to comply with section 145A.04,
163.2subdivision 6 , the commissioner may employ medical and other help necessary to control
163.3communicable disease at the expense of the board of health jurisdiction involved.
163.4(d) If the commissioner has reason to believe that the provisions of this chapter have
163.5been violated, the commissioner shall inform the attorney general and submit information
163.6to support the belief. The attorney general shall institute proceedings to enforce the
163.7provisions of this chapter or shall direct the county attorney to institute proceedings.

163.8    Sec. 17. Minnesota Statutes 2012, section 145A.06, is amended by adding a
163.9subdivision to read:
163.10    Subd. 3a. Assistance to community health boards. The commissioner shall help
163.11and advise community health boards that ask for assistance in developing, administering,
163.12and carrying out public health services and programs. This assistance may consist of,
163.13but is not limited to:
163.14(1) informational resources, consultation, and training to assist community health
163.15boards plan, develop, integrate, provide, and evaluate community health services; and
163.16(2) administrative and program guidelines and standards developed with the advice
163.17of the State Community Health Services Advisory Committee.

163.18    Sec. 18. Minnesota Statutes 2012, section 145A.06, is amended by adding a
163.19subdivision to read:
163.20    Subd. 3b. Personnel standards. In accordance with chapter 14, and in consultation
163.21with the State Community Health Services Advisory Committee, the commissioner
163.22may adopt rules to set standards for administrative and program personnel to ensure
163.23competence in administration and planning.

163.24    Sec. 19. Minnesota Statutes 2012, section 145A.06, subdivision 5, is amended to read:
163.25    Subd. 5. Deadly infectious diseases. The commissioner shall promote measures
163.26aimed at preventing businesses from facilitating sexual practices that transmit deadly
163.27infectious diseases by providing technical advice to community health boards of health
163.28 to assist them in regulating these practices or closing establishments that constitute
163.29a public health nuisance.

163.30    Sec. 20. Minnesota Statutes 2012, section 145A.06, is amended by adding a
163.31subdivision to read:
164.1    Subd. 5a. System-level performance management. To improve public health
164.2and ensure the integrity and accountability of the statewide local public health system,
164.3the commissioner, in consultation with the State Community Health Services Advisory
164.4Committee, shall develop performance measures and implement a process to monitor
164.5statewide outcomes and performance improvement.

164.6    Sec. 21. Minnesota Statutes 2012, section 145A.06, subdivision 6, is amended to read:
164.7    Subd. 6. Health volunteer program. (a) The commissioner may accept grants from
164.8the United States Department of Health and Human Services for the emergency system
164.9for the advanced registration of volunteer health professionals (ESAR-VHP) established
164.10under United States Code, title 42, section 247d-7b. The ESAR-VHP program as
164.11implemented in Minnesota is known as the Minnesota Responds Medical Reserve Corps.
164.12(b) The commissioner may maintain a registry of volunteers for the Minnesota
164.13Responds Medical Reserve Corps and obtain data on volunteers relevant to possible
164.14deployments within and outside the state. All state licensing and certifying boards
164.15shall cooperate with the Minnesota Responds Medical Reserve Corps and shall verify
164.16volunteers' information. The commissioner may also obtain information from other states
164.17and national licensing or certifying boards for health practitioners.
164.18(c) The commissioner may share volunteers' data, including any data classified
164.19as private data, from the Minnesota Responds Medical Reserve Corps registry with
164.20community health boards of health, cities or counties, the University of Minnesota's
164.21Academic Health Center or other public or private emergency preparedness partners, or
164.22tribal governments operating Minnesota Responds Medical Reserve Corps units as needed
164.23for credentialing, organizing, training, and deploying volunteers. Upon request of another
164.24state participating in the ESAR-VHP or of a Canadian government administering a similar
164.25health volunteer program, the commissioner may also share the volunteers' data as needed
164.26for emergency preparedness and response.

164.27    Sec. 22. Minnesota Statutes 2013 Supplement, section 145A.06, subdivision 7, is
164.28amended to read:
164.29    Subd. 7. Commissioner requests for health volunteers. (a) When the
164.30commissioner receives a request for health volunteers from:
164.31(1) a local board of health community health board, county, or city according to
164.32section 145A.04, subdivision 6c;
164.33(2) the University of Minnesota Academic Health Center;
165.1(3) another state or a territory through the Interstate Emergency Management
165.2Assistance Compact authorized under section 192.89;
165.3(4) the federal government through ESAR-VHP or another similar program; or
165.4(5) a tribal or Canadian government;
165.5the commissioner shall determine if deployment of Minnesota Responds Medical Reserve
165.6Corps volunteers from outside the requesting jurisdiction is in the public interest. If so,
165.7the commissioner may ask for Minnesota Responds Medical Reserve Corps volunteers to
165.8respond to the request. The commissioner may also ask for Minnesota Responds Medical
165.9Reserve Corps volunteers if the commissioner finds that the state needs health volunteers.
165.10(b) The commissioner may request Minnesota Responds Medical Reserve Corps
165.11volunteers to work on the Minnesota Mobile Medical Unit (MMU), or on other mobile
165.12or temporary units providing emergency patient stabilization, medical transport, or
165.13ambulatory care. The commissioner may utilize the volunteers for training, mobilization
165.14or demobilization, inspection, maintenance, repair, or other support functions for the
165.15MMU facility or for other emergency units, as well as for provision of health care services.
165.16(c) A volunteer's rights and benefits under this chapter as a Minnesota Responds
165.17Medical Reserve Corps volunteer is not affected by any vacation leave, pay, or other
165.18compensation provided by the volunteer's employer during volunteer service requested by
165.19the commissioner. An employer is not liable for actions of an employee while serving as a
165.20Minnesota Responds Medical Reserve Corps volunteer.
165.21(d) If the commissioner matches the request under paragraph (a) with Minnesota
165.22Responds Medical Reserve Corps volunteers, the commissioner shall facilitate deployment
165.23of the volunteers from the sending Minnesota Responds Medical Reserve Corps units to
165.24the receiving jurisdiction. The commissioner shall track volunteer deployments and assist
165.25sending and receiving jurisdictions in monitoring deployments, and shall coordinate
165.26efforts with the division of homeland security and emergency management for out-of-state
165.27deployments through the Interstate Emergency Management Assistance Compact or
165.28other emergency management compacts.
165.29(e) Where the commissioner has deployed Minnesota Responds Medical Reserve
165.30Corps volunteers within or outside the state, the provisions of paragraphs (f) and (g) must
165.31apply. Where Minnesota Responds Medical Reserve Corps volunteers were deployed
165.32across jurisdictions by mutual aid or similar agreements prior to a commissioner's call,
165.33the provisions of paragraphs (f) and (g) must apply retroactively to volunteers deployed
165.34as of their initial deployment in response to the event or emergency that triggered a
165.35subsequent commissioner's call.
166.1(f)(1) A Minnesota Responds Medical Reserve Corps volunteer responding to a
166.2request for training or assistance at the call of the commissioner must be deemed an
166.3employee of the state for purposes of workers' compensation and tort claim defense and
166.4indemnification under section 3.736, without regard to whether the volunteer's activity is
166.5under the direction and control of the commissioner, the division of homeland security
166.6and emergency management, the sending jurisdiction, the receiving jurisdiction, or of a
166.7hospital, alternate care site, or other health care provider treating patients from the public
166.8health event or emergency.
166.9(2) For purposes of calculating workers' compensation benefits under chapter 176,
166.10the daily wage must be the usual wage paid at the time of injury or death for similar services
166.11performed by paid employees in the community where the volunteer regularly resides, or
166.12the wage paid to the volunteer in the volunteer's regular employment, whichever is greater.
166.13(g) The Minnesota Responds Medical Reserve Corps volunteer must receive
166.14reimbursement for travel and subsistence expenses during a deployment approved by the
166.15commissioner under this subdivision according to reimbursement limits established for
166.16paid state employees. Deployment begins when the volunteer leaves on the deployment
166.17until the volunteer returns from the deployment, including all travel related to the
166.18deployment. The Department of Health shall initially review and pay those expenses to
166.19the volunteer. Except as otherwise provided by the Interstate Emergency Management
166.20Assistance Compact in section 192.89 or agreements made thereunder, the department
166.21shall bill the jurisdiction receiving assistance and that jurisdiction shall reimburse the
166.22department for expenses of the volunteers.
166.23(h) In the event Minnesota Responds Medical Reserve Corps volunteers are
166.24deployed outside the state pursuant to the Interstate Emergency Management Assistance
166.25Compact, the provisions of the Interstate Emergency Management Assistance Compact
166.26must control over any inconsistent provisions in this section.
166.27(i) When a Minnesota Responds Medical Reserve Corps volunteer makes a claim
166.28for workers' compensation arising out of a deployment under this section or out of a
166.29training exercise conducted by the commissioner, the volunteer's workers compensation
166.30benefits must be determined under section 176.011, subdivision 9, clause (25), even if the
166.31volunteer may also qualify under other clauses of section 176.011, subdivision 9.

166.32    Sec. 23. Minnesota Statutes 2012, section 145A.07, subdivision 1, is amended to read:
166.33    Subdivision 1. Agreements to perform duties of commissioner. (a) The
166.34commissioner of health may enter into an agreement with any community health board of
166.35health, county, or city to delegate all or part of the licensing, inspection, reporting, and
167.1enforcement duties authorized under sections 144.12; 144.381 to 144.387; 144.411 to
167.2144.417 ; 144.71 to 144.74; 145A.04, subdivision 6; provisions of chapter 103I pertaining
167.3to construction, repair, and abandonment of water wells; chapter 157; and sections 327.14
167.4to 327.28.
167.5(b) Agreements are subject to subdivision 3.
167.6(c) This subdivision does not affect agreements entered into under Minnesota
167.7Statutes 1986, section 145.031, 145.55, or 145.918, subdivision 2.

167.8    Sec. 24. Minnesota Statutes 2012, section 145A.07, subdivision 2, is amended to read:
167.9    Subd. 2. Agreements to perform duties of community health board of health.
167.10A community health board of health may authorize a township board, city council, or
167.11county board within its jurisdiction to establish a board of health under section 145A.03
167.12 and delegate to the board of health by agreement any powers or duties under sections
167.13145A.04, 145A.07, subdivision 2, and 145A.08 carry out activities to fulfill community
167.14health board responsibilities. An agreement to delegate community health board powers
167.15and duties of a board of health to a county or city must be approved by the commissioner
167.16and is subject to subdivision 3.

167.17    Sec. 25. Minnesota Statutes 2012, section 145A.08, is amended to read:
167.18145A.08 ASSESSMENT OF COSTS; TAX LEVY AUTHORIZED.
167.19    Subdivision 1. Cost of care. A person who has or whose dependent or spouse has a
167.20communicable disease that is subject to control by the community health board of health is
167.21financially liable to the unit or agency of government that paid for the reasonable cost of
167.22care provided to control the disease under section 145A.04, subdivision 6.
167.23    Subd. 2. Assessment of costs of enforcement. (a) If costs are assessed for
167.24enforcement of section 145A.04, subdivision 8, and no procedure for the assessment
167.25of costs has been specified in an agreement established under section 145A.07, the
167.26enforcement costs must be assessed as prescribed in this subdivision.
167.27(b) A debt or claim against an individual owner or single piece of real property
167.28resulting from an enforcement action authorized by section 145A.04, subdivision 8, must
167.29not exceed the cost of abatement or removal.
167.30(c) The cost of an enforcement action under section 145A.04, subdivision 8, may be
167.31assessed and charged against the real property on which the public health nuisance, source
167.32of filth, or cause of sickness was located. The auditor of the county in which the action is
167.33taken shall extend the cost so assessed and charged on the tax roll of the county against the
167.34real property on which the enforcement action was taken.
168.1(d) The cost of an enforcement action taken by a town or city board of health under
168.2section 145A.04, subdivision 8, may be recovered from the county in which the town or
168.3city is located if the city clerk or other officer certifies the costs of the enforcement action
168.4to the county auditor as prescribed in this section. Taxes equal to the full amount of the
168.5enforcement action but not exceeding the limit in paragraph (b) must be collected by the
168.6county treasurer and paid to the city or town as other taxes are collected and paid.
168.7    Subd. 3. Tax levy authorized. A city council or county board that has formed or is
168.8a member of a community health board of health may levy taxes on all taxable property in
168.9its jurisdiction to pay the cost of performing its duties under this chapter.

168.10    Sec. 26. Minnesota Statutes 2012, section 145A.11, subdivision 2, is amended to read:
168.11    Subd. 2. Levying taxes. In levying taxes authorized under section 145A.08,
168.12subdivision 3 , a city council or county board that has formed or is a member of a
168.13community health board must consider the income and expenditures required to meet
168.14local public health priorities established under section 145A.10, subdivision 5a 145A.04,
168.15subdivision 1a, clause (2), and statewide outcomes established under section 145A.12,
168.16subdivision 7 145A.04, subdivision 1a, clause (1).

168.17    Sec. 27. Minnesota Statutes 2012, section 145A.131, is amended to read:
168.18145A.131 LOCAL PUBLIC HEALTH GRANT.
168.19    Subdivision 1. Funding formula for community health boards. (a) Base funding
168.20for each community health board eligible for a local public health grant under section
168.21145A.09, subdivision 2 145A.03, subdivision 7, shall be determined by each community
168.22health board's fiscal year 2003 allocations, prior to unallotment, for the following grant
168.23programs: community health services subsidy; state and federal maternal and child health
168.24special projects grants; family home visiting grants; TANF MN ENABL grants; TANF
168.25youth risk behavior grants; and available women, infants, and children grant funds in fiscal
168.26year 2003, prior to unallotment, distributed based on the proportion of WIC participants
168.27served in fiscal year 2003 within the CHS service area.
168.28(b) Base funding for a community health board eligible for a local public health grant
168.29under section 145A.09, subdivision 2 145A.03, subdivision 7, as determined in paragraph
168.30(a), shall be adjusted by the percentage difference between the base, as calculated in
168.31paragraph (a), and the funding available for the local public health grant.
168.32(c) Multicounty or multicity community health boards shall receive a local
168.33partnership base of up to $5,000 per year for each county or city in the case of a multicity
168.34community health board included in the community health board.
169.1(d) The State Community Health Advisory Committee may recommend a formula to
169.2the commissioner to use in distributing state and federal funds to community health boards
169.3organized and operating under sections 145A.09 145A.03 to 145A.131 to achieve locally
169.4identified priorities under section 145A.12, subdivision 7, by July 1, 2004 145A.04,
169.5subdivision 1a, for use in distributing funds to community health boards beginning
169.6January 1, 2006, and thereafter.
169.7    Subd. 2. Local match. (a) A community health board that receives a local public
169.8health grant shall provide at least a 75 percent match for the state funds received through
169.9the local public health grant described in subdivision 1 and subject to paragraphs (b) to (d).
169.10(b) Eligible funds must be used to meet match requirements. Eligible funds include
169.11funds from local property taxes, reimbursements from third parties, fees, other local funds,
169.12and donations or nonfederal grants that are used for community health services described
169.13in section 145A.02, subdivision 6.
169.14(c) When the amount of local matching funds for a community health board is less
169.15than the amount required under paragraph (a), the local public health grant provided for
169.16that community health board under this section shall be reduced proportionally.
169.17(d) A city organized under the provision of sections 145A.09 145A.03 to 145A.131
169.18that levies a tax for provision of community health services is exempt from any county
169.19levy for the same services to the extent of the levy imposed by the city.
169.20    Subd. 3. Accountability. (a) Community health boards accepting local public health
169.21grants must document progress toward the statewide outcomes established in section
169.22145A.12, subdivision 7, to maintain eligibility to receive the local public health grant.
169.23 meet all of the requirements and perform all of the duties described in sections 145A.03
169.24and 145A.04, to maintain eligibility to receive the local public health grant.
169.25(b) In determining whether or not the community health board is documenting
169.26progress toward statewide outcomes, the commissioner shall consider the following factors:
169.27(1) whether the community health board has documented progress to meeting
169.28essential local activities related to the statewide outcomes, as specified in the grant
169.29agreement;
169.30(2) the effort put forth by the community health board toward the selected statewide
169.31outcomes;
169.32(3) whether the community health board has previously failed to document progress
169.33toward selected statewide outcomes under this section;
169.34(4) the amount of funding received by the community health board to address the
169.35statewide outcomes; and
170.1(5) other factors as the commissioner may require, if the commissioner specifically
170.2identifies the additional factors in the commissioner's written notice of determination.
170.3(c) If the commissioner determines that a community health board has not by
170.4the applicable deadline documented progress toward the selected statewide outcomes
170.5established under section 145.8821 or 145A.12, subdivision 7, the commissioner shall
170.6notify the community health board in writing and recommend specific actions that the
170.7community health board should take over the following 12 months to maintain eligibility
170.8for the local public health grant.
170.9(d) During the 12 months following the written notification, the commissioner shall
170.10provide administrative and program support to assist the community health board in
170.11taking the actions recommended in the written notification.
170.12(e) If the community health board has not taken the specific actions recommended by
170.13the commissioner within 12 months following written notification, the commissioner may
170.14determine not to distribute funds to the community health board under section 145A.12,
170.15subdivision 2 , for the next fiscal year.
170.16(f) If the commissioner determines not to distribute funds for the next fiscal year, the
170.17commissioner must give the community health board written notice of this determination
170.18and allow the community health board to appeal the determination in writing.
170.19(g) If the commissioner determines not to distribute funds for the next fiscal year
170.20to a community health board that has not documented progress toward the statewide
170.21outcomes and not taken the actions recommended by the commissioner, the commissioner
170.22may retain local public health grant funds that the community health board would have
170.23otherwise received and directly carry out essential local activities to meet the statewide
170.24outcomes, or contract with other units of government or community-based organizations
170.25to carry out essential local activities related to the statewide outcomes.
170.26(h) If the community health board that does not document progress toward the
170.27statewide outcomes is a city, the commissioner shall distribute the local public health
170.28funds that would have been allocated to that city to the county in which the city is located,
170.29if that county is part of a community health board.
170.30(i) The commissioner shall establish a reporting system by which community health
170.31boards will document their progress toward statewide outcomes. This system will be
170.32developed in consultation with the State Community Health Services Advisory Committee
170.33established in section 145A.10, subdivision 10, paragraph (a).
170.34(b) By January 1 of each year, the commissioner shall notify community health
170.35boards of the performance-related accountability requirements of the local public health
170.36grant for that calendar year. Performance-related accountability requirements will be
171.1comprised of a subset of the annual performance measures and will be selected in
171.2consultation with the State Community Health Services Advisory Committee.
171.3(c) If the commissioner determines that a community health board has not met the
171.4accountability requirements, the commissioner shall notify the community health board in
171.5writing and recommend specific actions the community health board must take over the
171.6next six months in order to maintain eligibility for the Local Public Health Act grant.
171.7(d) Following the written notification in paragraph (c), the commissioner shall
171.8provide administrative and program support to assist the community health board as
171.9required in section 145A.06, subdivision 3a.
171.10(e) The commissioner shall provide the community health board two months
171.11following the written notification to appeal the determination in writing.
171.12(f) If the community health board has not submitted an appeal within two months
171.13or has not taken the specific actions recommended by the commissioner within six
171.14months following written notification, the commissioner may elect to not reimburse
171.15invoices for funds submitted after the six-month compliance period and shall reduce by
171.161/12 the community health board's annual award allocation for every successive month
171.17of noncompliance.
171.18(g) The commissioner may retain the amount of funding that would have been
171.19allocated to the community health board and assume responsibility for public health
171.20activities in the geographic area served by the community health board.
171.21    Subd. 4. Responsibility of commissioner to ensure a statewide public health
171.22system. If a county withdraws from a community health board and operates as a board of
171.23health or If a community health board elects not to accept the local public health grant,
171.24the commissioner may retain the amount of funding that would have been allocated to
171.25the community health board using the formula described in subdivision 1 and assume
171.26responsibility for public health activities to meet the statewide outcomes in the geographic
171.27area served by the board of health or community health board. The commissioner may
171.28elect to directly provide public health activities to meet the statewide outcomes or contract
171.29with other units of government or with community-based organizations. If a city that is
171.30currently a community health board withdraws from a community health board or elects
171.31not to accept the local public health grant, the local public health grant funds that would
171.32have been allocated to that city shall be distributed to the county in which the city is
171.33located, if the county is part of a community health board.
171.34    Subd. 5. Local public health priorities Use of funds. Community health boards
171.35may use their local public health grant to address local public health priorities identified
171.36under section 145A.10, subdivision 5a. funds to address the areas of public health
172.1responsibility and local priorities developed through the community health assessment and
172.2community health improvement planning process.

172.3    Sec. 28. REVISOR'S INSTRUCTION.
172.4(a) The revisor shall change the terms "board of health" or "local board of health" or
172.5any derivative of those terms to "community health board" where it appears in Minnesota
172.6Statutes, sections 13.3805, subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph
172.7(a), clause (24); 35.67; 35.68; 38.02, subdivision 1, paragraph (b), clause (1); 121A.15,
172.8subdivisions 7 and 8; 144.055, subdivision 1; 144.065; 144.12, subdivision 1; 144.255,
172.9subdivision 2a; 144.3351; 144.383; 144.417, subdivision 3; 144.4172, subdivision
172.106; 144.4173, subdivision 2; 144.4174; 144.49, subdivision 1; 144.6581; 144A.471,
172.11subdivision 9, clause (19); 145.9255, subdivision 2; 175.35; 308A.201, subdivision 14;
172.12375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).
172.13(b) The revisor shall change the cross-reference from "145A.02, subdivision 2"
172.14to "145A.02, subdivision 5" where it appears in Minnesota Statutes, sections 13.3805,
172.15subdivision 1, paragraph (b); 13.46, subdivision 2, paragraph (a), clause (24); 35.67; 35.68;
172.1638.02, subdivision 1, paragraph (b), clause (1); 121A.15, subdivisions 7 and 8; 144.055,
172.17subdivision 1; 144.065; 144.12, subdivision 1; 144.225, subdivision 2a; 144.3351;
172.18144.383; 144.417, subdivision 3; 144.4172, subdivision 6; 144.4173, subdivision 2;
172.19144.4174; 144.49, subdivision 1; 144A.471, subdivision 9, clause (19); 175.35; 308A.201,
172.20subdivision 14; 375A.04, subdivision 1; and 412.221, subdivision 22, paragraph (c).

172.21    Sec. 29. REPEALER.
172.22Minnesota Statutes 2012, sections 145A.02, subdivision 2; 145A.03, subdivisions
172.233 and 6; 145A.09, subdivisions 1, 2, 3, 4, 5, and 7; 145A.10, subdivisions 1, 2, 3, 4,
172.245a, 7, 9, and 10; and 145A.12, subdivisions 1, 2, and 7, are repealed. The revisor shall
172.25remove cross-references to these repealed sections and make changes necessary to correct
172.26punctuation, grammar, or structure of the remaining text.


172.29    Section 1. Minnesota Statutes 2012, section 256B.0659, subdivision 11, is amended to
172.30read:
172.31    Subd. 11. Personal care assistant; requirements. (a) A personal care assistant
172.32must meet the following requirements:
173.1    (1) be at least 18 years of age with the exception of persons who are 16 or 17 years
173.2of age with these additional requirements:
173.3    (i) supervision by a qualified professional every 60 days; and
173.4    (ii) employment by only one personal care assistance provider agency responsible
173.5for compliance with current labor laws;
173.6    (2) be employed by a personal care assistance provider agency;
173.7    (3) enroll with the department as a personal care assistant after clearing a background
173.8study. Except as provided in subdivision 11a, before a personal care assistant provides
173.9services, the personal care assistance provider agency must initiate a background study on
173.10the personal care assistant under chapter 245C, and the personal care assistance provider
173.11agency must have received a notice from the commissioner that the personal care assistant
173.12is:
173.13    (i) not disqualified under section 245C.14; or
173.14    (ii) is disqualified, but the personal care assistant has received a set aside of the
173.15disqualification under section 245C.22;
173.16    (4) be able to effectively communicate with the recipient and personal care
173.17assistance provider agency;
173.18    (5) be able to provide covered personal care assistance services according to the
173.19recipient's personal care assistance care plan, respond appropriately to recipient needs,
173.20and report changes in the recipient's condition to the supervising qualified professional
173.21or physician;
173.22    (6) not be a consumer of personal care assistance services;
173.23    (7) maintain daily written records including, but not limited to, time sheets under
173.24subdivision 12;
173.25    (8) effective January 1, 2010, complete standardized training as determined
173.26by the commissioner before completing enrollment. The training must be available
173.27in languages other than English and to those who need accommodations due to
173.28disabilities. Personal care assistant training must include successful completion of the
173.29following training components: basic first aid, vulnerable adult, child maltreatment,
173.30OSHA universal precautions, basic roles and responsibilities of personal care assistants
173.31including information about assistance with lifting and transfers for recipients, emergency
173.32preparedness, orientation to positive behavioral practices, fraud issues, and completion of
173.33time sheets. Upon completion of the training components, the personal care assistant must
173.34demonstrate the competency to provide assistance to recipients;
173.35    (9) complete training and orientation on the needs of the recipient; and
174.1    (10) be limited to providing and being paid for up to 275 hours per month of personal
174.2care assistance services regardless of the number of recipients being served or the number
174.3of personal care assistance provider agencies enrolled with. The number of hours worked
174.4per day shall not be disallowed by the department unless in violation of the law.
174.5    (b) A legal guardian may be a personal care assistant if the guardian is not being paid
174.6for the guardian services and meets the criteria for personal care assistants in paragraph (a).
174.7    (c) Persons who do not qualify as a personal care assistant include parents,
174.8stepparents, and legal guardians of minors; spouses; paid legal guardians of adults; family
174.9foster care providers, except as otherwise allowed in section 256B.0625, subdivision 19a;
174.10and staff of a residential setting. When the personal care assistant is a relative of the
174.11recipient, the commissioner shall pay 80 percent of the provider rate. This rate reduction is
174.12effective July 1, 2013. For purposes of this section, relative means the parent or adoptive
174.13parent of an adult child, a sibling aged 16 years or older, an adult child, a grandparent, or
174.14a grandchild.
174.15EFFECTIVE DATE.This section is effective the day following final enactment.

174.16    Sec. 2. Minnesota Statutes 2012, section 256B.0659, subdivision 28, is amended to read:
174.17    Subd. 28. Personal care assistance provider agency; required documentation.
174.18(a) Required documentation must be completed and kept in the personal care assistance
174.19provider agency file or the recipient's home residence. The required documentation
174.20consists of:
174.21(1) employee files, including:
174.22(i) applications for employment;
174.23(ii) background study requests and results;
174.24(iii) orientation records about the agency policies;
174.25(iv) trainings completed with demonstration of competence;
174.26(v) supervisory visits;
174.27(vi) evaluations of employment; and
174.28(vii) signature on fraud statement;
174.29(2) recipient files, including:
174.30(i) demographics;
174.31(ii) emergency contact information and emergency backup plan;
174.32(iii) personal care assistance service plan;
174.33(iv) personal care assistance care plan;
174.34(v) month-to-month service use plan;
174.35(vi) all communication records;
175.1(vii) start of service information, including the written agreement with recipient; and
175.2(viii) date the home care bill of rights was given to the recipient;
175.3(3) agency policy manual, including:
175.4(i) policies for employment and termination;
175.5(ii) grievance policies with resolution of consumer grievances;
175.6(iii) staff and consumer safety;
175.7(iv) staff misconduct; and
175.8(v) staff hiring, service delivery, staff and consumer safety, staff misconduct, and
175.9resolution of consumer grievances;
175.10(4) time sheets for each personal care assistant along with completed activity sheets
175.11for each recipient served; and
175.12(5) agency marketing and advertising materials and documentation of marketing
175.13activities and costs; and.
175.14(6) for each personal care assistant, whether or not the personal care assistant is
175.15providing care to a relative as defined in subdivision 11.
175.16(b) The commissioner may assess a fine of up to $500 on provider agencies that do
175.17not consistently comply with the requirements of this subdivision.
175.18EFFECTIVE DATE.This section is effective the day following final enactment.

175.19    Sec. 3. Minnesota Statutes 2013 Supplement, section 256B.0922, subdivision 1,
175.20is amended to read:
175.21    Subdivision 1. Essential community supports. (a) The purpose of the essential
175.22community supports program is to provide targeted services to persons age 65 and older
175.23who need essential community support, but whose needs do not meet the level of care
175.24required for nursing facility placement under section 144.0724, subdivision 11.
175.25(b) Essential community supports are available not to exceed $400 per person per
175.26month. Essential community supports may be used as authorized within an authorization
175.27period not to exceed 12 months. Services must be available to a person who:
175.28(1) is age 65 or older;
175.29(2) is not eligible for medical assistance;
175.30(3) has received a community assessment under section 256B.0911, subdivision 3a
175.31or 3b, and does not require the level of care provided in a nursing facility;
175.32(4) meets the financial eligibility criteria for the alternative care program under
175.33section 256B.0913, subdivision 4;
175.34(5) has a community support plan; and
176.1(6) has been determined by a community assessment under section 256B.0911,
176.2subdivision 3a or 3b, to be a person who would require provision of at least one of the
176.3following services, as defined in the approved elderly waiver plan, in order to maintain
176.4their community residence:
176.5(i) caregiver support;
176.6(ii) adult day services;
176.7(ii) (iii) homemaker support;
176.8(iii) (iv) chores;
176.9(iv) (v) a personal emergency response device or system;
176.10(v) (vi) home-delivered meals; or
176.11(vi) (vii) community living assistance as defined by the commissioner.
176.12(c) The person receiving any of the essential community supports in this subdivision
176.13must also receive service coordination, not to exceed $600 in a 12-month authorization
176.14period, as part of their community support plan.
176.15(d) A person who has been determined to be eligible for essential community
176.16supports must be reassessed at least annually and continue to meet the criteria in paragraph
176.17(b) to remain eligible for essential community supports.
176.18(e) The commissioner is authorized to use federal matching funds for essential
176.19community supports as necessary and to meet demand for essential community supports
176.20as outlined in subdivision 2, and that amount of federal funds is appropriated to the
176.21commissioner for this purpose.

176.22    Sec. 4. Minnesota Statutes 2013 Supplement, section 256B.4912, subdivision 10,
176.23is amended to read:
176.24    Subd. 10. Enrollment requirements. All (a) Except as provided in paragraph (b),
176.25the following home and community-based waiver providers must provide, at the time of
176.26enrollment and within 30 days of a request, in a format determined by the commissioner,
176.27information and documentation that includes, but is not limited to, the following:
176.28(1) proof of surety bond coverage in the amount of $50,000 or ten percent of the
176.29provider's payments from Medicaid in the previous calendar year, whichever is greater;
176.30(2) proof of fidelity bond coverage in the amount of $20,000; and
176.31(3) proof of liability insurance.:
176.32(1) waiver services providers required to meet the provider standards in chapter 245D;
176.33(2) foster care providers whose services are funded by the elderly waiver or
176.34alternative care program;
176.35(3) fiscal support entities;
177.1(4) adult day care providers;
177.2(5) providers of customized living services; and
177.3(6) residential care providers.
177.4(b) Providers of foster care services covered by section 245.814 are exempt from
177.5this subdivision.
177.6EFFECTIVE DATE.This section is effective the day following final enactment.

177.7    Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.492, is amended to read:
177.8256B.492 HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE
177.9WITH DISABILITIES.
177.10(a) Individuals receiving services under a home and community-based waiver under
177.11section 256B.092 or 256B.49 may receive services in the following settings:
177.12(1) an individual's own home or family home;
177.13(2) a licensed adult foster care or child foster care setting of up to five people or
177.14community residential setting of up to five people; and
177.15(3) community living settings as defined in section 256B.49, subdivision 23, where
177.16individuals with disabilities may reside in all of the units in a building of four or fewer
177.17units, and no more than the greater of four or 25 percent of the units in a multifamily
177.18building of more than four units, unless required by the Housing Opportunities for Persons
177.19with AIDS Program.
177.20(b) The settings in paragraph (a) must not:
177.21(1) be located in a building that is a publicly or privately operated facility that
177.22provides institutional treatment or custodial care;
177.23(2) be located in a building on the grounds of or adjacent to a public or private
177.24institution;
177.25(3) be a housing complex designed expressly around an individual's diagnosis or
177.26disability, unless required by the Housing Opportunities for Persons with AIDS Program;
177.27(4) be segregated based on a disability, either physically or because of setting
177.28characteristics, from the larger community; and
177.29(5) have the qualities of an institution which include, but are not limited to:
177.30regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions
177.31agreed to and documented in the person's individual service plan shall not result in a
177.32residence having the qualities of an institution as long as the restrictions for the person are
177.33not imposed upon others in the same residence and are the least restrictive alternative,
177.34imposed for the shortest possible time to meet the person's needs.
178.1(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which
178.2individuals receive services under a home and community-based waiver as of July 1,
178.32012, and the setting does not meet the criteria of this section.
178.4(d) Notwithstanding paragraph (c), a program in Hennepin County established as
178.5part of a Hennepin County demonstration project is qualified for the exception allowed
178.6under paragraph (c).
178.7(e) The commissioner shall submit an amendment to the waiver plan no later than
178.8December 31, 2012.

178.9    Sec. 6. Minnesota Statutes 2012, section 256B.493, subdivision 1, is amended to read:
178.10    Subdivision 1. Commissioner's duties; report. The commissioner of human
178.11services shall solicit proposals for the conversion of services provided for persons with
178.12disabilities in settings licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, or
178.13community residential settings licensed under chapter 245D, to other types of community
178.14settings in conjunction with the closure of identified licensed adult foster care settings.

178.15    Sec. 7. Minnesota Statutes 2012, section 256D.01, subdivision 1e, is amended to read:
178.16    Subd. 1e. Rules regarding emergency assistance. The commissioner shall adopt
178.17rules under the terms of sections 256D.01 to 256D.21 for general assistance, to require use
178.18of the emergency program under MFIP as the primary financial resource when available.
178.19The commissioner shall adopt rules for eligibility for general assistance of persons with
178.20seasonal income and may attribute seasonal income to other periods not in excess of one
178.21year from receipt by an applicant or recipient. General assistance payments may not be
178.22made for foster care, community residential settings licensed under chapter 245D, child
178.23welfare services, or other social services. Vendor payments and vouchers may be issued
178.24only as authorized in sections 256D.05, subdivision 6, and 256D.09.

178.25    Sec. 8. Minnesota Statutes 2012, section 256G.02, subdivision 6, is amended to read:
178.26    Subd. 6. Excluded time. "Excluded time" means:
178.27(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter
178.28other than an emergency shelter, halfway house, foster home, community residential
178.29setting licensed under chapter 245D, semi-independent living domicile or services
178.30program, residential facility offering care, board and lodging facility or other institution
178.31for the hospitalization or care of human beings, as defined in section 144.50, 144A.01,
178.32or 245A.02, subdivision 14; maternity home, battered women's shelter, or correctional
179.1facility; or any facility based on an emergency hold under sections 253B.05, subdivisions
179.21 and 2, and 253B.07, subdivision 6;
179.3(2) any period an applicant spends on a placement basis in a training and habilitation
179.4program, including: a rehabilitation facility or work or employment program as defined
179.5in section 268A.01; semi-independent living services provided under section 252.275,
179.6and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and habilitation
179.7programs and assisted living services; and
179.8(3) any placement for a person with an indeterminate commitment, including
179.9independent living.

179.10    Sec. 9. Minnesota Statutes 2012, section 256I.03, subdivision 3, is amended to read:
179.11    Subd. 3. Group residential housing. "Group residential housing" means a group
179.12living situation that provides at a minimum room and board to unrelated persons who
179.13meet the eligibility requirements of section 256I.04. This definition includes foster care
179.14settings or community residential settings for a single adult. To receive payment for a
179.15group residence rate, the residence must meet the requirements under section 256I.04,
179.16subdivision 2a .

179.17    Sec. 10. Minnesota Statutes 2012, section 256I.04, subdivision 2a, is amended to read:
179.18    Subd. 2a. License required. A county agency may not enter into an agreement with
179.19an establishment to provide group residential housing unless:
179.20(1) the establishment is licensed by the Department of Health as a hotel and
179.21restaurant; a board and lodging establishment; a residential care home; a boarding care
179.22home before March 1, 1985; or a supervised living facility, and the service provider
179.23for residents of the facility is licensed under chapter 245A. However, an establishment
179.24licensed by the Department of Health to provide lodging need not also be licensed to
179.25provide board if meals are being supplied to residents under a contract with a food vendor
179.26who is licensed by the Department of Health;
179.27(2) the residence is: (i) licensed by the commissioner of human services under
179.28Minnesota Rules, parts 9555.5050 to 9555.6265; (ii) certified by a county human services
179.29agency prior to July 1, 1992, using the standards under Minnesota Rules, parts 9555.5050
179.30to 9555.6265; or (iii) a residence licensed by the commissioner under Minnesota Rules,
179.31parts 2960.0010 to 2960.0120, with a variance under section 245A.04, subdivision 9; or
179.32(iv) licensed by the commissioner of human services under chapter 245D;
180.1(3) the establishment is registered under chapter 144D and provides three meals a
180.2day, or is an establishment voluntarily registered under section 144D.025 as a supportive
180.3housing establishment; or
180.4(4) an establishment voluntarily registered under section 144D.025, other than
180.5a supportive housing establishment under clause (3), is not eligible to provide group
180.6residential housing.
180.7The requirements under clauses (1) to (4) do not apply to establishments exempt
180.8from state licensure because they are located on Indian reservations and subject to tribal
180.9health and safety requirements.

180.10    Sec. 11. Minnesota Statutes 2013 Supplement, section 626.557, subdivision 9, is
180.11amended to read:
180.12    Subd. 9. Common entry point designation. (a) Each county board shall designate a
180.13common entry point for reports of suspected maltreatment, for use until the commissioner
180.14of human services establishes a common entry point. Two or more county boards may
180.15jointly designate a single common entry point. The commissioner of human services shall
180.16establish a common entry point effective July 1, 2014 no sooner than January 1, 2015.
180.17The common entry point is the unit responsible for receiving the report of suspected
180.18maltreatment under this section.
180.19(b) The common entry point must be available 24 hours per day to take calls from
180.20reporters of suspected maltreatment. The common entry point shall use a standard intake
180.21form that includes:
180.22(1) the time and date of the report;
180.23(2) the name, address, and telephone number of the person reporting;
180.24(3) the time, date, and location of the incident;
180.25(4) the names of the persons involved, including but not limited to, perpetrators,
180.26alleged victims, and witnesses;
180.27(5) whether there was a risk of imminent danger to the alleged victim;
180.28(6) a description of the suspected maltreatment;
180.29(7) the disability, if any, of the alleged victim;
180.30(8) the relationship of the alleged perpetrator to the alleged victim;
180.31(9) whether a facility was involved and, if so, which agency licenses the facility;
180.32(10) any action taken by the common entry point;
180.33(11) whether law enforcement has been notified;
180.34(12) whether the reporter wishes to receive notification of the initial and final
180.35reports; and
181.1(13) if the report is from a facility with an internal reporting procedure, the name,
181.2mailing address, and telephone number of the person who initiated the report internally.
181.3(c) The common entry point is not required to complete each item on the form prior
181.4to dispatching the report to the appropriate lead investigative agency.
181.5(d) The common entry point shall immediately report to a law enforcement agency
181.6any incident in which there is reason to believe a crime has been committed.
181.7(e) If a report is initially made to a law enforcement agency or a lead investigative
181.8agency, those agencies shall take the report on the appropriate common entry point intake
181.9forms and immediately forward a copy to the common entry point.
181.10(f) The common entry point staff must receive training on how to screen and
181.11dispatch reports efficiently and in accordance with this section.
181.12(g) The commissioner of human services shall maintain a centralized database
181.13for the collection of common entry point data, lead investigative agency data including
181.14maltreatment report disposition, and appeals data. The common entry point shall
181.15have access to the centralized database and must log the reports into the database and
181.16immediately identify and locate prior reports of abuse, neglect, or exploitation.
181.17(h) When appropriate, the common entry point staff must refer calls that do not
181.18allege the abuse, neglect, or exploitation of a vulnerable adult to other organizations
181.19that might resolve the reporter's concerns.
181.20(i) A common entry point must be operated in a manner that enables the
181.21commissioner of human services to:
181.22(1) track critical steps in the reporting, evaluation, referral, response, disposition,
181.23and investigative process to ensure compliance with all requirements for all reports;
181.24(2) maintain data to facilitate the production of aggregate statistical reports for
181.25monitoring patterns of abuse, neglect, or exploitation;
181.26(3) serve as a resource for the evaluation, management, and planning of preventative
181.27and remedial services for vulnerable adults who have been subject to abuse, neglect,
181.28or exploitation;
181.29(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
181.30of the common entry point; and
181.31(5) track and manage consumer complaints related to the common entry point.
181.32(j) The commissioners of human services and health shall collaborate on the
181.33creation of a system for referring reports to the lead investigative agencies. This system
181.34shall enable the commissioner of human services to track critical steps in the reporting,
181.35evaluation, referral, response, disposition, investigation, notification, determination, and
181.36appeal processes.
182.1EFFECTIVE DATE.This section is effective the day following final enactment.

182.2    Sec. 12. Laws 2011, First Special Session chapter 9, article 7, section 7, the effective
182.3date, is amended to read:
182.4EFFECTIVE DATE.This section is effective January 1, 2014, for adults age 21 or
182.5older, and October 1, 2019, for children age 16 to before the child's 21st birthday.

182.6    Sec. 13. Laws 2013, chapter 108, article 7, section 60, is amended to read:
182.7    Sec. 60. PROVIDER RATE AND GRANT INCREASE EFFECTIVE APRIL
182.81, 2014.
182.9(a) The commissioner of human services shall increase reimbursement rates, grants,
182.10allocations, individual limits, and rate limits, as applicable, by one percent for the rate
182.11period beginning April 1, 2014, for services rendered on or after those dates. County or
182.12tribal contracts for services specified in this section must be amended to pass through
182.13these rate increases within 60 days of the effective date.
182.14(b) The rate changes described in this section must be provided to:
182.15(1) home and community-based waivered services for persons with developmental
182.16disabilities or related conditions, including consumer-directed community supports, under
182.17Minnesota Statutes, section 256B.501;
182.18(2) waivered services under community alternatives for disabled individuals,
182.19including consumer-directed community supports, under Minnesota Statutes, section
182.20256B.49 ;
182.21(3) community alternative care waivered services, including consumer-directed
182.22community supports, under Minnesota Statutes, section 256B.49;
182.23(4) brain injury waivered services, including consumer-directed community
182.24supports, under Minnesota Statutes, section 256B.49;
182.25(5) home and community-based waivered services for the elderly under Minnesota
182.26Statutes, section 256B.0915;
182.27(6) nursing services and home health services under Minnesota Statutes, section
182.28256B.0625, subdivision 6a ;
182.29(7) personal care services and qualified professional supervision of personal care
182.30services under Minnesota Statutes, section 256B.0625, subdivisions 6a and 19a;
182.31(8) private duty nursing services under Minnesota Statutes, section 256B.0625,
182.32subdivision 7 ;
182.33(9) day training and habilitation services for adults with developmental disabilities
182.34or related conditions under Minnesota Statutes, sections 252.40 to 252.46, including the
183.1additional cost of rate adjustments on day training and habilitation services, provided as a
183.2social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
183.3(10) alternative care services under Minnesota Statutes, section 256B.0913, and
183.4essential community supports under Minnesota Statutes, section 256B.0922;
183.5(11) living skills training programs for persons with intractable epilepsy who need
183.6assistance in the transition to independent living under Laws 1988, chapter 689;
183.7(12) semi-independent living services (SILS) under Minnesota Statutes, section
183.8252.275 , including SILS funding under county social services grants formerly funded
183.9under Minnesota Statutes, chapter 256M;
183.10(13) consumer support grants under Minnesota Statutes, section 256.476;
183.11(14) family support grants under Minnesota Statutes, section 252.32;
183.12(15) housing access grants under Minnesota Statutes, sections 256B.0658 and
183.13256B.0917, subdivision 14 ;
183.14(16) self-advocacy grants under Laws 2009, chapter 101;
183.15(17) technology grants under Laws 2009, chapter 79;
183.16(18) aging grants under Minnesota Statutes, sections 256.975 to 256.977, 256B.0917,
183.17and 256B.0928; and
183.18(19) community support services for deaf and hard-of-hearing adults with mental
183.19illness who use or wish to use sign language as their primary means of communication
183.20under Minnesota Statutes, section 256.01, subdivision 2; and deaf and hard-of-hearing
183.21grants under Minnesota Statutes, sections 256C.233 and 256C.25; Laws 1985, chapter 9;
183.22and Laws 1997, First Special Session chapter 5, section 20.
183.23(c) A managed care plan receiving state payments for the services in this section
183.24must include these increases in their payments to providers. To implement the rate increase
183.25in this section, capitation rates paid by the commissioner to managed care organizations
183.26under Minnesota Statutes, section 256B.69, shall reflect a one percent increase for the
183.27specified services for the period beginning April 1, 2014.
183.28(d) Counties shall increase the budget for each recipient of consumer-directed
183.29community supports by the amounts in paragraph (a) on the effective dates in paragraph (a).
183.30EFFECTIVE DATE.This section is effective retroactively from April 1, 2014.

183.31    Sec. 14. AUTISM SPECTRUM DISORDER STATEWIDE STRATEGIC PLAN
183.32IMPLEMENTATION.
183.33The autism spectrum disorder statewide strategic plan developed by the Minnesota
183.34Legislative Autism Spectrum Disorder Task Force shall be implemented collaboratively
184.1by the commissioners of education, employment and economic development, health, and
184.2human services. The commissioners shall:
184.3(1) work across state agencies and with key stakeholders to implement the strategic
184.4plan;
184.5(2) prepare progress reports on the implementation of the plan twice per year and
184.6make the progress reports available to the public; and
184.7(3) provide two opportunities per year for interested parties, including, but not
184.8limited to, individuals with autism, family members of individuals with autism spectrum
184.9disorder, underserved and diverse communities impacted by autism spectrum disorder,
184.10medical professionals, health plans, service providers, and schools, to provide input on
184.11the implementation of the strategic plan.
184.12EFFECTIVE DATE.This section is effective the day following final enactment.

184.13    Sec. 15. REPEALER.
184.14Laws 2011, First Special Session chapter 9, article 6, section 95, subdivisions 1, 2, 3,
184.15and 4, are repealed effective the day following final enactment.


184.18    Section 1. Minnesota Statutes 2012, section 256B.0654, subdivision 1, is amended to
184.19read:
184.20    Subdivision 1. Definitions. (a) "Complex private duty home care nursing care"
184.21means home care nursing services provided to recipients who are ventilator dependent or
184.22for whom a physician has certified that the recipient would meet the criteria for inpatient
184.23hospital intensive care unit (ICU) level of care meet the criteria for regular home care
184.24nursing and require life-sustaining interventions to reduce the risk of long-term injury
184.25or death.
184.26(b) "Private duty Home care nursing" means ongoing professional physician-ordered
184.27hourly nursing services by a registered or licensed practical nurse including assessment,
184.28professional nursing tasks, and education, based on an assessment and physician orders
184.29to maintain or restore optimal health of the recipient. performed by a registered nurse or
184.30licensed practical nurse within the scope of practice as defined by the Minnesota Nurse
184.31Practice Act under sections 148.171 to 148.285, in order to maintain or restore a person's
184.32health.
184.33(c) "Private duty Home care nursing agency" means a medical assistance enrolled
184.34provider licensed under chapter 144A to provide private duty home care nursing services.
185.1(d) "Regular private duty home care nursing" means nursing services provided to
185.2a recipient who is considered stable and not at an inpatient hospital intensive care unit
185.3level of care, but may have episodes of instability that are not life threatening home care
185.4nursing provided because:
185.5(1) the recipient requires more individual and continuous care than can be provided
185.6during a skilled nurse visit; or
185.7(2) the cares are outside of the scope of services that can be provided by a home
185.8health aide or personal care assistant.
185.9(e) "Shared private duty home care nursing" means the provision of home care
185.10nursing services by a private duty home care nurse to two recipients at the same time
185.11and in the same setting.
185.12EFFECTIVE DATE.This section is effective July 1, 2014.

185.13    Sec. 2. Minnesota Statutes 2012, section 256B.0751, is amended by adding a
185.14subdivision to read:
185.15    Subd. 10. Health care homes advisory committee. (a) The commissioners of
185.16health and human services shall establish a health care homes advisory committee to
185.17advise the commissioners on the ongoing statewide implementation of the health care
185.18homes program authorized in this section.
185.19(b) The commissioners shall establish an advisory committee that includes
185.20representatives of the health care professions such as primary care providers; mental
185.21health providers; nursing and care coordinators; certified health care home clinics with
185.22statewide representation; health plan companies; state agencies; employers; academic
185.23researchers; consumers; and organizations that work to improve health care quality in
185.24Minnesota. At least 25 percent of the committee members must be consumers or patients
185.25in health care homes.
185.26(c) The advisory committee shall advise the commissioners on ongoing
185.27implementation of the health care homes program, including, but not limited to, the
185.28following activities:
185.29(1) implementation of certified health care homes across the state on performance
185.30management and implementation of benchmarking;
185.31(2) implementation of modifications to the health care homes program based on
185.32results of the legislatively mandated health care home evaluation;
185.33(3) statewide solutions for engagement of employers and commercial payers;
185.34(4) potential modifications of the health care home rules or statutes;
186.1(5) consumer engagement, including patient and family-centered care, patient
186.2activation in health care, and shared decision making;
186.3(6) oversight for health care home subject matter task forces or workgroups; and
186.4(7) other related issues as requested by the commissioners.
186.5(d) The advisory committee shall have the ability to establish subcommittees on
186.6specific topics. The advisory committee is governed by section 15.059. Notwithstanding
186.7section 15.059, the advisory committee does not expire.

186.8    Sec. 3. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision
186.9to read:
186.10    Subd. 35. Statewide procurement. (a) For calendar year 2015, the commissioner
186.11may extend a demonstration provider's contract under this section for a sixth year after
186.12the most recent procurement. For calendar year 2015, section 16B.98, subdivision
186.135, paragraph (b), and section 16C.05, subdivision 2, paragraph (b) shall not apply to
186.14contracts under this section.
186.15(b) For calendar year 2016 contracts under this section, the commissioner shall
186.16procure through a statewide procurement, which includes all 87 counties, demonstration
186.17providers, and participating entities as defined in section 256L.01, subdivision 7. The
186.18commissioner shall publish a request for proposals by January 5, 2015. As part of the
186.19procurement process, the commissioner shall:
186.20(1) seek individual county's input regarding the respondent's network of health
186.21care providers;
186.22(2) organize counties into regional groups and seek each regional group's input
186.23regarding the respondent's ability to fully and adequately deliver required health care
186.24services; and
186.25(3) use a scoring system for evaluating respondents that at least considers:
186.26(i) the degree to which a respondent's health care provider network is contracted
186.27through total-cost-of-care contracts, risk-sharing arrangements, or other payment reforms
186.28designed to generate long-term savings;
186.29(ii) the degree to which a respondent has demonstrated mechanisms and processes to
186.30achieve integration of medical care, behavioral health care, and county social services;
186.31(iii) the degree to which a respondent has a comprehensive quality program that is
186.32designed to ensure enrollee access to appropriate, high-quality, coordinated services;
186.33(iv) each county's input regarding a respondent's network of health care providers;
186.34(v) regional county group's input regarding a respondent's ability to fully and
186.35adequately deliver required health care services;
187.1(vi) a respondent's past performance on administrative requirements;
187.2(vii) a respondent's ability to assist an enrollee who may be transitioning between
187.3public health care programs and premium tax credits in the individual insurance market;
187.4(viii) the total cost of a respondent's proposal; and
187.5(ix) any other criteria that the commissioner finds necessary to ensure compliance
187.6with federal law or to ensure that enrollees receive high-quality health care.

187.7    Sec. 4. Minnesota Statutes 2013 Supplement, section 256B.766, is amended to read:
187.8256B.766 REIMBURSEMENT FOR BASIC CARE SERVICES.
187.9(a) Effective for services provided on or after July 1, 2009, total payments for basic
187.10care services, shall be reduced by three percent, except that for the period July 1, 2009,
187.11through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical
187.12assistance and general assistance medical care programs, prior to third-party liability and
187.13spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical
187.14therapy services, occupational therapy services, and speech-language pathology and
187.15related services as basic care services. The reduction in this paragraph shall apply to
187.16physical therapy services, occupational therapy services, and speech-language pathology
187.17and related services provided on or after July 1, 2010.
187.18(b) Payments made to managed care plans and county-based purchasing plans shall
187.19be reduced for services provided on or after October 1, 2009, to reflect the reduction
187.20effective July 1, 2009, and payments made to the plans shall be reduced effective October
187.211, 2010, to reflect the reduction effective July 1, 2010.
187.22(c) Effective for services provided on or after September 1, 2011, through June 30,
187.232013, total payments for outpatient hospital facility fees shall be reduced by five percent
187.24from the rates in effect on August 31, 2011.
187.25(d) Effective for services provided on or after September 1, 2011, through June
187.2630, 2013, total payments for ambulatory surgery centers facility fees, medical supplies
187.27and durable medical equipment not subject to a volume purchase contract, prosthetics
187.28and orthotics, renal dialysis services, laboratory services, public health nursing services,
187.29physical therapy services, occupational therapy services, speech therapy services,
187.30eyeglasses not subject to a volume purchase contract, hearing aids not subject to a volume
187.31purchase contract, and anesthesia services shall be reduced by three percent from the
187.32rates in effect on August 31, 2011.
187.33(e) Effective for services provided on or after September 1, 2014, payments for
187.34ambulatory surgery centers facility fees, medical supplies and durable medical equipment
187.35not subject to a volume purchase contract, prosthetics and orthotics, hospice services, renal
188.1dialysis services, laboratory services, public health nursing services, eyeglasses not subject
188.2to a volume purchase contract, and hearing aids not subject to a volume purchase contract
188.3shall be increased by three percent and payments for outpatient hospital facility fees shall
188.4be increased by three percent. Payments made to managed care plans and county-based
188.5purchasing plans shall not be adjusted to reflect payments under this paragraph.
188.6(f) This section does not apply to physician and professional services, inpatient
188.7hospital services, family planning services, mental health services, dental services,
188.8prescription drugs, medical transportation, federally qualified health centers, rural health
188.9centers, Indian health services, and Medicare cost-sharing.
188.10(g) Effective January 1, 2015, for purposes of this section, "basic care services"
188.11means: ambulatory surgical center facility services, medical supplies and durable medical
188.12equipment not subject to a volume purchase contract, prosthetics and orthotics, renal
188.13dialysis services, laboratory services, public health nursing services, eyeglasses and
188.14contacts not subject to a volume purchase contract, hearing aids not subject to a volume
188.15purchase contract, outpatient hospital facility services, and anesthesia services.

188.16    Sec. 5. REVISOR'S INSTRUCTION.
188.17The revisor of statutes shall change the term "private duty nursing" or similar terms
188.18to "home care nursing" or similar terms, and shall change the term "private duty nurse" to
188.19"home care nurse," wherever these terms appear in Minnesota Statutes and Minnesota
188.20Rules. The revisor shall also make grammatical changes related to the changes in terms.


188.23    Section 1. Minnesota Statutes 2013 Supplement, section 256B.04, subdivision 21,
188.24is amended to read:
188.25    Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for
188.26Medicare and Medicaid Services determines that a provider is designated "high-risk," the
188.27commissioner may withhold payment from providers within that category upon initial
188.28enrollment for a 90-day period. The withholding for each provider must begin on the date
188.29of the first submission of a claim.
188.30(b) An enrolled provider that is also licensed by the commissioner under chapter
188.31245A must designate an individual as the entity's compliance officer. The compliance
188.32officer must:
188.33(1) develop policies and procedures to assure adherence to medical assistance laws
188.34and regulations and to prevent inappropriate claims submissions;
189.1(2) train the employees of the provider entity, and any agents or subcontractors of
189.2the provider entity including billers, on the policies and procedures under clause (1);
189.3(3) respond to allegations of improper conduct related to the provision or billing of
189.4medical assistance services, and implement action to remediate any resulting problems;
189.5(4) use evaluation techniques to monitor compliance with medical assistance laws
189.6and regulations;
189.7(5) promptly report to the commissioner any identified violations of medical
189.8assistance laws or regulations; and
189.9    (6) within 60 days of discovery by the provider of a medical assistance
189.10reimbursement overpayment, report the overpayment to the commissioner and make
189.11arrangements with the commissioner for the commissioner's recovery of the overpayment.
189.12The commissioner may require, as a condition of enrollment in medical assistance, that a
189.13provider within a particular industry sector or category establish a compliance program that
189.14contains the core elements established by the Centers for Medicare and Medicaid Services.
189.15(c) The commissioner may revoke the enrollment of an ordering or rendering
189.16provider for a period of not more than one year, if the provider fails to maintain and, upon
189.17request from the commissioner, provide access to documentation relating to written orders
189.18or requests for payment for durable medical equipment, certifications for home health
189.19services, or referrals for other items or services written or ordered by such provider, when
189.20the commissioner has identified a pattern of a lack of documentation. A pattern means a
189.21failure to maintain documentation or provide access to documentation on more than one
189.22occasion. Nothing in this paragraph limits the authority of the commissioner to sanction a
189.23provider under the provisions of section 256B.064.
189.24(d) The commissioner shall terminate or deny the enrollment of any individual or
189.25entity if the individual or entity has been terminated from participation in Medicare or
189.26under the Medicaid program or Children's Health Insurance Program of any other state.
189.27(e) As a condition of enrollment in medical assistance, the commissioner shall
189.28require that a provider designated "moderate" or "high-risk" by the Centers for Medicare
189.29and Medicaid Services or the commissioner permit the Centers for Medicare and Medicaid
189.30Services, its agents, or its designated contractors and the state agency, its agents, or its
189.31designated contractors to conduct unannounced on-site inspections of any provider location.
189.32The commissioner shall publish in the Minnesota Health Care Program Provider Manual a
189.33list of provider types designated "limited," "moderate," or "high-risk," based on the criteria
189.34and standards used to designate Medicare providers in Code of Federal Regulations, title
189.3542, section 424.518. The list and criteria are not subject to the requirements of chapter 14.
189.36The commissioner's designations are not subject to administrative appeal.
190.1(f) As a condition of enrollment in medical assistance, the commissioner shall
190.2require that a high-risk provider, or a person with a direct or indirect ownership interest in
190.3the provider of five percent or higher, consent to criminal background checks, including
190.4fingerprinting, when required to do so under state law or by a determination by the
190.5commissioner or the Centers for Medicare and Medicaid Services that a provider is
190.6designated high-risk for fraud, waste, or abuse.
190.7(g)(1) Upon initial enrollment, reenrollment, and notification of revalidation, all
190.8durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) medical
190.9 suppliers meeting the durable medical equipment provider and supplier definition in clause
190.10(3), operating in Minnesota and receiving Medicaid funds must purchase a surety bond
190.11that is annually renewed and designates the Minnesota Department of Human Services as
190.12the obligee, and must be submitted in a form approved by the commissioner. For purposes
190.13of this clause, the following medical suppliers are not required to obtain a surety bond:
190.14a federally qualified health center, a home health agency, the Indian Health Service, a
190.15pharmacy, and a rural health clinic.
190.16(2) At the time of initial enrollment or reenrollment, the provider agency durable
190.17medical equipment providers and suppliers defined in clause (3) must purchase a
190.18performance surety bond of $50,000. If a revalidating provider's Medicaid revenue in
190.19the previous calendar year is up to and including $300,000, the provider agency must
190.20purchase a performance surety bond of $50,000. If a revalidating provider's Medicaid
190.21revenue in the previous calendar year is over $300,000, the provider agency must purchase
190.22a performance surety bond of $100,000. The performance surety bond must allow for
190.23recovery of costs and fees in pursuing a claim on the bond.
190.24(3) "Durable medical equipment provider or supplier" means a medical supplier that
190.25can purchase medical equipment or supplies for sale or rental to the general public and
190.26is able to perform or arrange for necessary repairs to and maintenance of equipment
190.27offered for sale or rental.
190.28(h) The Department of Human Services may require a provider to purchase a
190.29performance surety bond as a condition of initial enrollment, reenrollment, reinstatement,
190.30or continued enrollment if: (1) the provider fails to demonstrate financial viability, (2) the
190.31department determines there is significant evidence of or potential for fraud and abuse by
190.32the provider, or (3) the provider or category of providers is designated high-risk pursuant
190.33to paragraph (a) and as per Code of Federal Regulations, title 42, section 455.450. The
190.34performance surety bond must be in an amount of $100,000 or ten percent of the provider's
190.35payments from Medicaid during the immediately preceding 12 months, whichever is
191.1greater. The performance surety bond must name the Department of Human Services as
191.2an obligee and must allow for recovery of costs and fees in pursuing a claim on the bond.

191.3    Sec. 2. Minnesota Statutes 2013 Supplement, section 256B.0659, subdivision 21,
191.4is amended to read:
191.5    Subd. 21. Requirements for provider enrollment of personal care assistance
191.6provider agencies. (a) All personal care assistance provider agencies must provide, at the
191.7time of enrollment, reenrollment, and revalidation as a personal care assistance provider
191.8agency in a format determined by the commissioner, information and documentation that
191.9includes, but is not limited to, the following:
191.10    (1) the personal care assistance provider agency's current contact information
191.11including address, telephone number, and e-mail address;
191.12    (2) proof of surety bond coverage. Upon new enrollment, or if the provider's
191.13Medicaid revenue in the previous calendar year is up to and including $300,000, the
191.14provider agency must purchase a performance surety bond of $50,000. If the Medicaid
191.15revenue in the previous year is over $300,000, the provider agency must purchase a
191.16performance surety bond of $100,000. The performance surety bond must be in a form
191.17approved by the commissioner, must be renewed annually, and must allow for recovery of
191.18costs and fees in pursuing a claim on the bond;
191.19    (3) proof of fidelity bond coverage in the amount of $20,000;
191.20    (4) proof of workers' compensation insurance coverage;
191.21    (5) proof of liability insurance;
191.22    (6) a description of the personal care assistance provider agency's organization
191.23identifying the names of all owners, managing employees, staff, board of directors, and
191.24the affiliations of the directors, owners, or staff to other service providers;
191.25    (7) a copy of the personal care assistance provider agency's written policies and
191.26procedures including: hiring of employees; training requirements; service delivery;
191.27and employee and consumer safety including process for notification and resolution
191.28of consumer grievances, identification and prevention of communicable diseases, and
191.29employee misconduct;
191.30    (8) copies of all other forms the personal care assistance provider agency uses in
191.31the course of daily business including, but not limited to:
191.32    (i) a copy of the personal care assistance provider agency's time sheet if the time
191.33sheet varies from the standard time sheet for personal care assistance services approved
191.34by the commissioner, and a letter requesting approval of the personal care assistance
191.35provider agency's nonstandard time sheet;
192.1    (ii) the personal care assistance provider agency's template for the personal care
192.2assistance care plan; and
192.3    (iii) the personal care assistance provider agency's template for the written
192.4agreement in subdivision 20 for recipients using the personal care assistance choice
192.5option, if applicable;
192.6    (9) a list of all training and classes that the personal care assistance provider agency
192.7requires of its staff providing personal care assistance services;
192.8    (10) documentation that the personal care assistance provider agency and staff have
192.9successfully completed all the training required by this section;
192.10    (11) documentation of the agency's marketing practices;
192.11    (12) disclosure of ownership, leasing, or management of all residential properties
192.12that is used or could be used for providing home care services;
192.13    (13) documentation that the agency will use the following percentages of revenue
192.14generated from the medical assistance rate paid for personal care assistance services
192.15for employee personal care assistant wages and benefits: 72.5 percent of revenue in the
192.16personal care assistance choice option and 72.5 percent of revenue from other personal
192.17care assistance providers. The revenue generated by the qualified professional and the
192.18reasonable costs associated with the qualified professional shall not be used in making
192.19this calculation; and
192.20    (14) effective May 15, 2010, documentation that the agency does not burden
192.21recipients' free exercise of their right to choose service providers by requiring personal
192.22care assistants to sign an agreement not to work with any particular personal care
192.23assistance recipient or for another personal care assistance provider agency after leaving
192.24the agency and that the agency is not taking action on any such agreements or requirements
192.25regardless of the date signed.
192.26    (b) Personal care assistance provider agencies shall provide the information specified
192.27in paragraph (a) to the commissioner at the time the personal care assistance provider
192.28agency enrolls as a vendor or upon request from the commissioner. The commissioner
192.29shall collect the information specified in paragraph (a) from all personal care assistance
192.30providers beginning July 1, 2009.
192.31    (c) All personal care assistance provider agencies shall require all employees in
192.32management and supervisory positions and owners of the agency who are active in the
192.33day-to-day management and operations of the agency to complete mandatory training
192.34as determined by the commissioner before enrollment of the agency as a provider.
192.35Employees in management and supervisory positions and owners who are active in
192.36the day-to-day operations of an agency who have completed the required training as
193.1an employee with a personal care assistance provider agency do not need to repeat
193.2the required training if they are hired by another agency, if they have completed the
193.3training within the past three years. By September 1, 2010, the required training must
193.4be available with meaningful access according to title VI of the Civil Rights Act and
193.5federal regulations adopted under that law or any guidance from the United States Health
193.6and Human Services Department. The required training must be available online or by
193.7electronic remote connection. The required training must provide for competency testing.
193.8Personal care assistance provider agency billing staff shall complete training about
193.9personal care assistance program financial management. This training is effective July 1,
193.102009. Any personal care assistance provider agency enrolled before that date shall, if it
193.11has not already, complete the provider training within 18 months of July 1, 2009. Any new
193.12owners or employees in management and supervisory positions involved in the day-to-day
193.13operations are required to complete mandatory training as a requisite of working for the
193.14agency. Personal care assistance provider agencies certified for participation in Medicare
193.15as home health agencies are exempt from the training required in this subdivision. When
193.16available, Medicare-certified home health agency owners, supervisors, or managers must
193.17successfully complete the competency test.

193.18    Sec. 3. Minnesota Statutes 2012, section 256B.5016, subdivision 1, is amended to read:
193.19    Subdivision 1. Managed care pilot. The commissioner may initiate a capitated
193.20risk-based managed care option for services in an intermediate care facility for persons
193.21with developmental disabilities according to the terms and conditions of the federal
193.22agreement governing the managed care pilot. The commissioner may grant a variance
193.23to any of the provisions in sections 256B.501 to 256B.5015 and Minnesota Rules, parts
193.249525.1200 to 9525.1330 and 9525.1580.

193.25    Sec. 4. Minnesota Statutes 2012, section 256B.69, subdivision 16, is amended to read:
193.26    Subd. 16. Project extension. Minnesota Rules, parts 9500.1450; 9500.1451;
193.279500.1452; 9500.1453; 9500.1454; 9500.1455; 9500.1456; 9500.1457; 9500.1458;
193.289500.1459; 9500.1460; 9500.1461; 9500.1462; 9500.1463; and 9500.1464, are extended.

193.29    Sec. 5. Minnesota Statutes 2013 Supplement, section 256B.85, subdivision 12, is
193.30amended to read:
193.31    Subd. 12. Requirements for enrollment of CFSS provider agencies. (a) All CFSS
193.32provider agencies must provide, at the time of enrollment, reenrollment, and revalidation
194.1as a CFSS provider agency in a format determined by the commissioner, information and
194.2documentation that includes, but is not limited to, the following:
194.3(1) the CFSS provider agency's current contact information including address,
194.4telephone number, and e-mail address;
194.5(2) proof of surety bond coverage. Upon new enrollment, or if the provider agency's
194.6Medicaid revenue in the previous calendar year is less than or equal to $300,000, the
194.7provider agency must purchase a performance surety bond of $50,000. If the provider
194.8agency's Medicaid revenue in the previous calendar year is greater than $300,000, the
194.9provider agency must purchase a performance surety bond of $100,000. The performance
194.10 surety bond must be in a form approved by the commissioner, must be renewed annually,
194.11and must allow for recovery of costs and fees in pursuing a claim on the bond;
194.12(3) proof of fidelity bond coverage in the amount of $20,000;
194.13(4) proof of workers' compensation insurance coverage;
194.14(5) proof of liability insurance;
194.15(6) a description of the CFSS provider agency's organization identifying the names
194.16of all owners, managing employees, staff, board of directors, and the affiliations of the
194.17directors, owners, or staff to other service providers;
194.18(7) a copy of the CFSS provider agency's written policies and procedures including:
194.19hiring of employees; training requirements; service delivery; and employee and consumer
194.20safety including process for notification and resolution of consumer grievances,
194.21identification and prevention of communicable diseases, and employee misconduct;
194.22(8) copies of all other forms the CFSS provider agency uses in the course of daily
194.23business including, but not limited to:
194.24(i) a copy of the CFSS provider agency's time sheet if the time sheet varies from
194.25the standard time sheet for CFSS services approved by the commissioner, and a letter
194.26requesting approval of the CFSS provider agency's nonstandard time sheet; and
194.27(ii) the CFSS provider agency's template for the CFSS care plan;
194.28(9) a list of all training and classes that the CFSS provider agency requires of its
194.29staff providing CFSS services;
194.30(10) documentation that the CFSS provider agency and staff have successfully
194.31completed all the training required by this section;
194.32(11) documentation of the agency's marketing practices;
194.33(12) disclosure of ownership, leasing, or management of all residential properties
194.34that are used or could be used for providing home care services;
194.35(13) documentation that the agency will use at least the following percentages of
194.36revenue generated from the medical assistance rate paid for CFSS services for employee
195.1personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers.
195.2The revenue generated by the support specialist and the reasonable costs associated with
195.3the support specialist shall not be used in making this calculation; and
195.4(14) documentation that the agency does not burden recipients' free exercise of their
195.5right to choose service providers by requiring personal care assistants to sign an agreement
195.6not to work with any particular CFSS recipient or for another CFSS provider agency after
195.7leaving the agency and that the agency is not taking action on any such agreements or
195.8requirements regardless of the date signed.
195.9(b) CFSS provider agencies shall provide to the commissioner the information
195.10specified in paragraph (a).
195.11(c) All CFSS provider agencies shall require all employees in management and
195.12supervisory positions and owners of the agency who are active in the day-to-day
195.13management and operations of the agency to complete mandatory training as determined
195.14by the commissioner. Employees in management and supervisory positions and owners
195.15who are active in the day-to-day operations of an agency who have completed the required
195.16training as an employee with a CFSS provider agency do not need to repeat the required
195.17training if they are hired by another agency, if they have completed the training within
195.18the past three years. CFSS provider agency billing staff shall complete training about
195.19CFSS program financial management. Any new owners or employees in management
195.20and supervisory positions involved in the day-to-day operations are required to complete
195.21mandatory training as a requisite of working for the agency. CFSS provider agencies
195.22certified for participation in Medicare as home health agencies are exempt from the
195.23training required in this subdivision.

195.24    Sec. 6. Minnesota Statutes 2012, section 393.01, subdivision 2, is amended to read:
195.25    Subd. 2. Selection of members, terms, vacancies. Except in counties which
195.26contain a city of the first class and counties having a poor and hospital commission, the
195.27local social services agency shall consist of seven members, including the board of county
195.28commissioners, to be selected as herein provided; two members, one of whom shall be
195.29a woman, shall be appointed by the commissioner of human services board of county
195.30commissioners, one each year for a full term of two years, from a list of residents, submitted
195.31by the board of county commissioners. As each term expires or a vacancy occurs by reason
195.32of death or resignation, a successor shall be appointed by the commissioner of human
195.33services board of county commissioners for the full term of two years or the balance of any
195.34unexpired term from a list of one or more, not to exceed three residents submitted by the
195.35board of county commissioners. The board of county commissioners may, by resolution
196.1adopted by a majority of the board, determine that only three of their members shall be
196.2members of the local social services agency, in which event the local social services agency
196.3shall consist of five members instead of seven. When a vacancy occurs on the local social
196.4services agency by reason of the death, resignation, or expiration of the term of office of a
196.5member of the board of county commissioners, the unexpired term of such member shall
196.6be filled by appointment by the county commissioners. Except to fill a vacancy the term
196.7of office of each member of the local social services agency shall commence on the first
196.8Thursday after the first Monday in July, and continue until the expiration of the term
196.9for which such member was appointed or until a successor is appointed and qualifies.
196.10If the board of county commissioners shall refuse, fail, omit, or neglect to submit one
196.11or more nominees to the commissioner of human services for appointment to the local
196.12social services agency by the commissioner of human services, as herein provided, or to
196.13appoint the three members to the local social services agency, as herein provided, by the
196.14time when the terms of such members commence, or, in the event of vacancies, for a
196.15period of 30 days thereafter, the commissioner of human services is hereby empowered
196.16to and shall forthwith appoint residents of the county to the local social services agency.
196.17The commissioner of human services, on refusing to appoint a nominee from the list of
196.18nominees submitted by the board of county commissioners, shall notify the county board
196.19of such refusal. The county board shall thereupon nominate additional nominees. Before
196.20the commissioner of human services shall fill any vacancy hereunder resulting from the
196.21failure or refusal of the board of county commissioners of any county to act, as required
196.22herein, the commissioner of human services shall mail 15 days' written notice to the board
196.23of county commissioners of its intention to fill such vacancy or vacancies unless the board
196.24of county commissioners shall act before the expiration of the 15-day period.

196.25    Sec. 7. Minnesota Statutes 2012, section 393.01, subdivision 7, is amended to read:
196.26    Subd. 7. Joint exercise of powers. Notwithstanding the provisions of subdivision 1
196.27two or more counties may by resolution of their respective boards of county commissioners,
196.28agree to combine the functions of their separate local social services agency into one local
196.29social services agency to serve the two or more counties that enter into the agreement.
196.30Such agreement may be for a definite term or until terminated in accordance with its terms.
196.31When two or more counties have agreed to combine the functions of their separate local
196.32social services agency, a single local social services agency in lieu of existing individual
196.33local social services agency shall be established to direct the activities of the combined
196.34agency. This agency shall have the same powers, duties and functions as an individual local
197.1social services agency. The single local social services agency shall have representation
197.2from each of the participating counties with selection of the members to be as follows:
197.3(a) Each board of county commissioners entering into the agreement shall on an
197.4annual basis select one or two of its members to serve on the single local social services
197.5agency.
197.6(b) Each board of county commissioners entering into the agreement shall in
197.7accordance with procedures established by the commissioner of human services, submit a
197.8list of names of three county residents, who shall not be county commissioners, to the
197.9commissioner of human services. The commissioner shall select one person from each
197.10county list county resident who is not a county commissioner to serve as a local social
197.11services agency member.
197.12(c) The composition of the agency may be determined by the boards of county
197.13commissioners entering into the agreement providing that no less than one-third of the
197.14members are appointed as provided in clause paragraph (b).

197.15    Sec. 8. Laws 2011, First Special Session chapter 9, article 9, section 17, is amended to
197.16read:
197.17    Sec. 17. SIMPLIFICATION OF ELIGIBILITY AND ENROLLMENT
197.18PROCESS.
197.19(a) The commissioner of human services shall issue a request for information for an
197.20integrated service delivery system for health care programs, food support, cash assistance,
197.21and child care. The commissioner shall determine, in consultation with partners in
197.22paragraph (c), if the products meet departments' and counties' functions. The request for
197.23information may incorporate a performance-based vendor financing option in which the
197.24vendor shares the risk of the project's success. The health care system must be developed
197.25in phases with the capacity to integrate food support, cash assistance, and child care
197.26programs as funds are available. The request for information must require that the system:
197.27(1) streamline eligibility determinations and case processing to support statewide
197.28eligibility processing;
197.29(2) enable interested persons to determine eligibility for each program, and to apply
197.30for programs online in a manner that the applicant will be asked only those questions
197.31relevant to the programs for which the person is applying;
197.32(3) leverage technology that has been operational in other state environments with
197.33similar requirements; and
197.34(4) include Web-based application, worker application processing support, and the
197.35opportunity for expansion.
198.1(b) The commissioner shall issue a final report, including the implementation plan,
198.2to the chairs and ranking minority members of the legislative committees with jurisdiction
198.3over health and human services no later than January 31, 2012.
198.4(c) The commissioner shall partner with counties, a service delivery authority
198.5established under Minnesota Statutes, chapter 402A, the Office of Enterprise Technology,
198.6other state agencies, and service partners to develop an integrated service delivery
198.7framework, which will simplify and streamline human services eligibility and enrollment
198.8processes. The primary objectives for the simplification effort include significantly
198.9improved eligibility processing productivity resulting in reduced time for eligibility
198.10determination and enrollment, increased customer service for applicants and recipients of
198.11services, increased program integrity, and greater administrative flexibility.
198.12(d) The commissioner, along with a county representative appointed by the
198.13Association of Minnesota Counties, shall report specific implementation progress to the
198.14legislature annually beginning May 15, 2012.
198.15(e) The commissioner shall work with the Minnesota Association of County Social
198.16Service Administrators and the Office of Enterprise Technology to develop collaborative
198.17task forces, as necessary, to support implementation of the service delivery components
198.18under this paragraph. The commissioner must evaluate, develop, and include as part
198.19of the integrated eligibility and enrollment service delivery framework, the following
198.20minimum components:
198.21(1) screening tools for applicants to determine potential eligibility as part of an
198.22online application process;
198.23(2) the capacity to use databases to electronically verify application and renewal
198.24data as required by law;
198.25(3) online accounts accessible by applicants and enrollees;
198.26(4) an interactive voice response system, available statewide, that provides case
198.27information for applicants, enrollees, and authorized third parties;
198.28(5) an electronic document management system that provides electronic transfer of
198.29all documents required for eligibility and enrollment processes; and
198.30(6) a centralized customer contact center that applicants, enrollees, and authorized
198.31third parties can use statewide to receive program information, application assistance,
198.32and case information, report changes, make cost-sharing payments, and conduct other
198.33eligibility and enrollment transactions.
198.34(f) (e) Subject to a legislative appropriation, the commissioner of human services
198.35shall issue a request for proposal for the appropriate phase of an integrated service delivery
198.36system for health care programs, food support, cash assistance, and child care.

199.1    Sec. 9. RULEMAKING; REDUNDANT PROVISION REGARDING
199.2TRANSITION LENSES.
199.3The commissioner of human services shall amend Minnesota Rules, part 9505.0277,
199.4subpart 3, to remove transition lenses from the list of eyeglass services not eligible for
199.5payment under the medical assistance program. The commissioner may use the good
199.6cause exemption in Minnesota Statutes, section 14.388, subdivision 1, clause (4), to adopt
199.7rules under this section. Minnesota Statutes, section 14.386, does not apply except as
199.8provided in Minnesota Statutes, section 14.388.

199.9    Sec. 10. FEDERAL APPROVAL.
199.10By October 1, 2015, the commissioner of human services shall seek federal authority
199.11to operate the program in Minnesota Statutes, section 256B.78, under the state Medicaid
199.12plan, in accordance with United States Code, title 42, section 1396a(a)(10)(A)(ii)(XXI).
199.13To be eligible, an individual must have family income at or below 200 percent of the
199.14federal poverty guidelines, except that for an individual under age 21, only the income of
199.15the individual must be considered in determining eligibility. Services under this program
199.16must be available on a presumptive eligibility basis.

199.17    Sec. 11. REVISOR'S INSTRUCTION.
199.18The revisor of statutes shall remove cross-references to the sections and parts
199.19repealed in section 12, paragraphs (a) and (b), wherever they appear in Minnesota Rules
199.20and shall make changes necessary to correct the punctuation, grammar, or structure of the
199.21remaining text and preserve its meaning.

199.22    Sec. 12. REPEALER.
199.23(a) Minnesota Statutes 2012, section 256.01, subdivision 32, is repealed.
199.24(b) Minnesota Rules, parts 9500.1126; 9500.1450, subpart 3; 9500.1452, subpart 3;
199.259500.1456; and 9525.1580, are repealed.
199.26(c) Minnesota Rules, parts 9505.5300; 9505.5305; 9505.5310; 9505.5315; and
199.279505.5325, are repealed contingent upon federal approval of the state Medicaid plan
199.28amendment under section 10. The commissioner of human services shall notify the
199.29revisor of statutes when this occurs."
199.30Delete the title and insert:
199.32relating to state government; making changes to health and human services policy
199.33provisions; modifying provisions relating to children and family services, the
199.34provision of health services, chemical and mental health services, health-related
199.35licensing boards, Department of Health, public health, continuing care, and
200.1health care; establishing reporting requirements and grounds for disciplinary
200.2action for health professionals; making changes to the medical assistance
200.3program; modifying the newborn screening program; regulating the sale and
200.4use of tobacco-related and electronic delivery devices; modifying requirements
200.5for local boards of health; modifying provisions governing prescription drugs;
200.6amending the Northstar Care for Children program; making changes to provisions
200.7governing the Board of Pharmacy;amending Minnesota Statutes 2012, sections
200.862U.04, subdivision 4, by adding subdivisions; 144.125, subdivisions 3, 4, 5,
200.98, 9, 10; 144.4165; 144.565, subdivision 4; 144D.065; 144E.101, subdivision
200.106; 145.928, by adding a subdivision; 145A.02, subdivisions 5, 15, by adding
200.11subdivisions; 145A.03, subdivisions 1, 2, 4, 5, by adding a subdivision; 145A.04,
200.12as amended; 145A.05, subdivision 2; 145A.06, subdivisions 2, 5, 6, by adding
200.13subdivisions; 145A.07, subdivisions 1, 2; 145A.08; 145A.11, subdivision
200.142; 145A.131; 148.01, subdivisions 1, 2, by adding a subdivision; 148.105,
200.15subdivision 1; 148.6402, subdivision 17; 148.6404; 148.6430; 148.6432,
200.16subdivision 1; 148.7802, subdivisions 3, 9; 148.7803, subdivision 1; 148.7805,
200.17subdivision 1; 148.7808, subdivisions 1, 4; 148.7812, subdivision 2; 148.7813,
200.18by adding a subdivision; 148.7814; 148.995, subdivision 2; 148B.5301,
200.19subdivisions 2, 4; 149A.92, by adding a subdivision; 150A.01, subdivision 8a;
200.20150A.06, subdivisions 1, 1a, 1c, 1d, 2, 2a, 2d, 3, 8; 150A.091, subdivision 16;
200.21150A.10; 151.01; 151.06; 151.211; 151.26; 151.34; 151.35; 151.361, subdivision
200.222; 151.37, as amended; 151.44; 151.58, subdivisions 2, 3, 5; 152.02, subdivision
200.238b; 152.126, as amended; 153.16, subdivisions 1, 2, 3, by adding subdivisions;
200.24214.103, subdivisions 2, 3; 214.12, by adding a subdivision; 214.29; 214.31;
200.25214.32; 214.33, subdivision 3, by adding a subdivision; 245A.03, subdivision 6a;
200.26253B.092, subdivision 2; 254B.01, by adding a subdivision; 254B.05, subdivision
200.275; 256B.0654, subdivision 1; 256B.0659, subdivisions 11, 28; 256B.0751,
200.28by adding a subdivision; 256B.493, subdivision 1; 256B.5016, subdivision
200.291; 256B.69, subdivision 16, by adding a subdivision; 256D.01, subdivision
200.301e; 256D.024, subdivision 1; 256G.02, subdivision 6; 256I.03, subdivision
200.313; 256I.04, subdivisions 2a, 2b; 256J.26, subdivision 1; 257.85, subdivision
200.3211; 259.41, subdivision 1; 260C.212, subdivision 2; 260C.215, subdivisions
200.334, 6, by adding a subdivision; 325H.05; 325H.09; 393.01, subdivisions 2,
200.347; 461.12; 461.18; 461.19; 609.685; 609.6855; 626.556, subdivision 11c;
200.35Minnesota Statutes 2013 Supplement, sections 144.1225, subdivision 2; 144.125,
200.36subdivision 7; 144.493, subdivisions 1, 2; 144A.474, subdivision 12; 144A.475,
200.37subdivision 3, by adding subdivisions; 145.4716, subdivision 2; 145A.06,
200.38subdivision 7; 151.252, by adding a subdivision; 152.02, subdivision 2; 252.27,
200.39subdivision 2a; 254A.035, subdivision 2; 254A.04; 256B.04, subdivision 21;
200.40256B.055, subdivision 1; 256B.0659, subdivision 21; 256B.0922, subdivision
200.411; 256B.4912, subdivision 10; 256B.492; 256B.766; 256B.85, subdivision 12;
200.42256D.44, subdivision 5; 256N.02, by adding a subdivision; 256N.21, subdivision
200.432, by adding a subdivision; 256N.22, subdivision 6; 256N.23, subdivision 1;
200.44256N.24, subdivisions 9, 10; 259.35, subdivision 1; 260.835, subdivision 2;
200.45626.557, subdivision 9; Laws 2011, First Special Session chapter 9, article 7,
200.46section 7; article 9, section 17; Laws 2013, chapter 108, article 7, section 60;
200.47proposing coding for new law in Minnesota Statutes, chapters 144D; 150A;
200.48151; 214; 325H; 403; 604A; 631; repealing Minnesota Statutes 2012, sections
200.49144.125, subdivision 6; 145A.02, subdivision 2; 145A.03, subdivisions 3, 6;
200.50145A.09, subdivisions 1, 2, 3, 4, 5, 7; 145A.10, subdivisions 1, 2, 3, 4, 5a, 7, 9,
200.5110; 145A.12, subdivisions 1, 2, 7; 148.01, subdivision 3; 148.7808, subdivision
200.522; 148.7813; 214.28; 214.36; 214.37; 256.01, subdivision 32; 325H.06; 325H.08;
200.53Minnesota Statutes 2013 Supplement, section 148.6440; Laws 2011, First
200.54Special Session chapter 9, article 6, section 95, subdivisions 1, 2, 3, 4; Minnesota
200.55Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000; 9500.1126; 9500.1450,
200.56subpart 3; 9500.1452, subpart 3; 9500.1456; 9505.5300; 9505.5305; 9505.5310;
200.579505.5315; 9505.5325; 9525.1580."