HF 1020

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/02/2011 03:10pm

A bill for an act
relating to state government; making changes to health and human services
policy provisions; creating a pharmacy audit integrity program; changing health
care program provisions; requiring a nonemergency medical transportation
proposal; creating the Minnesota Autism Spectrum Task Force; prohibiting state
funds for abortions; changing human services program provisions; amending
health occupation licensing provisions; prohibiting licenses to certain individuals
with felony-level criminal sexual conduct offenses; creating the Pain-Capable
Unborn Child Protection Act; requiring reports; imposing civil and criminal
penalties; amending Minnesota Statutes 2010, sections 62J.497, subdivision
2; 145.4131, subdivision 1; 148.10, subdivision 7; 148.231; 148B.5301,
subdivisions 1, 3, 4; 148B.54, subdivisions 2, 3; 148E.060, subdivisions 1, 2,
3, 5, by adding a subdivision; 148E.120; 149A.50, subdivision 1; 150A.02;
150A.06, subdivisions 1c, 3, 4, 6; 150A.09, subdivision 3; 150A.105, subdivision
7; 150A.106, subdivision 1; 150A.14; 214.09, by adding a subdivision; 214.103;
245.50; 245A.11, subdivision 2a; 245A.14, subdivisions 1, 4; 256.0112, by
adding a subdivision; 256.962, by adding a subdivision; 256B.04, subdivision
14a; 256B.0625, subdivisions 3c, 17; 256B.0911, subdivision 3a; 256B.0915,
subdivisions 3e, 3h; 256B.19, subdivision 1e; 256B.441, subdivision 55a;
256B.4912, subdivision 2; 256B.69, by adding a subdivision; 256D.44,
subdivision 5; 256J.49, subdivision 13; 364.09; Laws 2010, chapter 349, sections
1; 2; proposing coding for new law in Minnesota Statutes, chapters 8; 145; 151;
214; repealing Minnesota Statutes 2010, section 256J.575, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

HEALTH CARE

Section 1.

Minnesota Statutes 2010, section 62J.497, subdivision 2, is amended to read:

Subd. 2.

Requirements for electronic prescribing.

(a) Effective January 1, 2011,
all providers, group purchasers, prescribers, and dispensers must establish, maintain,
and use an electronic prescription drug program. This program must comply with the
applicable standards in this section for transmitting, directly or through an intermediary,
prescriptions and prescription-related information using electronic media.

(b) If transactions described in this section are conducted, they must be done
electronically using the standards described in this section. Nothing in this section
requires providers, group purchasers, prescribers, or dispensers to electronically conduct
transactions that are expressly prohibited by other sections or federal law.

(c) Providers, group purchasers, prescribers, and dispensers must use either HL7
messages or the NCPDP SCRIPT Standard to transmit prescriptions or prescription-related
information internally when the sender and the recipient are part of the same legal entity. If
an entity sends prescriptions outside the entity, it must use the NCPDP SCRIPT Standard
or other applicable standards required by this section. Any pharmacy within an entity
must be able to receive electronic prescription transmittals from outside the entity using
the adopted NCPDP SCRIPT Standard. This exemption does not supersede any Health
Insurance Portability and Accountability Act (HIPAA) requirement that may require the
use of a HIPAA transaction standard within an organization.

new text begin (d) Notwithstanding paragraph (a), effective January 1, 2016, providers and
prescribers who practice at a clinic where two or fewer physicians practice must establish,
maintain, and use an electronic prescription drug program that complies with the
applicable standards in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2011.
new text end

Sec. 2.

new text begin [151.60] PHARMACY AUDIT INTEGRITY PROGRAM.
new text end

new text begin The pharmacy audit integrity program is established to provide standards for an
audit of pharmacy records carried out by a managed care company, insurance company,
Medicare Part B audit contractors, third-party payer, pharmacy benefits manager, or any
entity that represents such companies.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims adjudicated on or after
January 1, 2011.
new text end

Sec. 3.

new text begin [151.61] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 151.60 to 151.66, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Audit contractor. new text end

new text begin "Audit contractor" means a contractor that detects and
corrects improper payments for an entity.
new text end

new text begin Subd. 3. new text end

new text begin Entity. new text end

new text begin "Entity" means a managed care company, an insurance company, a
third-party payer, a pharmacy benefits manager, or any other organization that represents
these companies, groups, or organizations.
new text end

new text begin Subd. 4. new text end

new text begin Insurance company. new text end

new text begin "Insurance company" means any corporation,
association, benefit society, exchange, partnership, or individual engaged as principal in
the business of insurance.
new text end

new text begin Subd. 5. new text end

new text begin Managed care company. new text end

new text begin "Managed care company" means the entity or
organization that handles health care and financing.
new text end

new text begin Subd. 6. new text end

new text begin Pharmacy benefits manager or PBM. new text end

new text begin "Pharmacy benefits manager"
or "PBM" means a person, business, or other entity that performs pharmacy benefits
management. The term includes a person or entity acting for a PBM in a contractual or
employment relationship in the performance of pharmacy benefits management for a
managed care company, nonprofit hospital or medical service organization, or insurance
company.
new text end

new text begin Subd. 7. new text end

new text begin Third-party payer. new text end

new text begin "Third-party payer" means an organization other than
the patient or health care provider involved in the financing of personal health services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims adjudicated on or after
January 1, 2011.
new text end

Sec. 4.

new text begin [151.62] PHARMACY BENEFIT MANAGER CONTRACT.
new text end

new text begin (a) A pharmacy benefit manager (PBM) contract that is altered or amended by that
entity may be substituted for a current contract but is not effective without the written
consent of a pharmacy. The pharmacy must receive a copy of the proposed contract
changes or renewal along with a disclosure by the PBM of all material changes in terms of
the contract or methods of reimbursement from the previous contract.
new text end

new text begin (b) An amendment or change in terms of an existing contract between a PBM and a
pharmacy must be disclosed to the pharmacy at least 120 days prior to the effective date
of the proposed change. A PBM may not alter or amend a PBM contract, or impose
any additional contractual obligation on a pharmacy, unless the PBM complies with the
requirements in this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims adjudicated on or after
January 1, 2011.
new text end

Sec. 5.

new text begin [151.63] PROCEDURES FOR CONDUCTING AND REPORTING AN
AUDIT.
new text end

new text begin (a) Any entity conducting a pharmacy audit must follow the following procedures:
new text end

new text begin (1) a pharmacy must be given a written notice at least 14 business days before an
initial on-site audit is conducted;
new text end

new text begin (2) an audit that involves clinical or professional judgment must be conducted by or
in consultation with a pharmacist licensed in this state or the Board of Pharmacy;
new text end

new text begin (3) the period covered by the audit may not exceed 18 months from the date that the
claim was submitted to or adjudicated by the entity, unless a longer period is permitted
under federal law;
new text end

new text begin (4) the PBM may not audit more than 40 prescriptions per audit;
new text end

new text begin (5) the audit may not take place during the first seven business days of the month
due to the high volume of prescriptions filled during that time unless consented to by
the pharmacy;
new text end

new text begin (6) the pharmacy may use the records of a hospital, physician, or other authorized
practitioner to validate the pharmacy record and delivery and include a medication
administration record;
new text end

new text begin (7) any legal prescription which meets the requirements in this chapter may be used
to validate claims in connection with prescriptions, refills, or changes in prescriptions,
including medication administration records, faxes, e-prescriptions, or documented
telephone calls from the prescriber or their agents;
new text end

new text begin (8) audit parameters must use consumer-oriented parameters based on manufacturer
listings or recommendations;
new text end

new text begin (9) a pharmacy's usual and customary price for compounded medications is
considered the reimbursable cost unless an alternate price is published in the provider
contract and signed by both parties;
new text end

new text begin (10) each pharmacy shall be audited under the same standards and parameters as
other similarly situated pharmacies;
new text end

new text begin (11) the entity conducting the audit must establish a written appeals process which
must include appeals of preliminary reports and final reports;
new text end

new text begin (12) if either party is not satisfied with the appeal, that party may seek mediation; and
new text end

new text begin (13) if copies of records are requested by the auditing entity, the entity will pay 25
cents per page to cover costs incurred to the pharmacy.
new text end

new text begin (b) The entity conducting the audit shall also comply with the following
requirements:
new text end

new text begin (1) auditors may not enter the pharmacy area where patient-specific information is
available and must be out of sight and hearing range of the pharmacy customers;
new text end

new text begin (2) the pharmacy must provide an area for auditors to conduct their business;
new text end

new text begin (3) a finding of overpayment or underpayment must be based on the actual
overpayment or underpayment and not a projection based on the number of patients served
having a similar diagnosis or on the number of similar orders or refills for similar drugs;
new text end

new text begin (4) in the case of errors which have no financial harm to the patient or plan, the PBM
must not assess any chargebacks;
new text end

new text begin (5) calculations of overpayments must not include dispensing fees, unless a
prescription was not actually dispensed or the prescriber denied authorization;
new text end

new text begin (6) the entity conducting the audit shall not use extrapolation in calculating the
recoupment or penalties for audits;
new text end

new text begin (7) any recoupment will not be deducted against future remittances and shall be
invoiced to the pharmacy for payment;
new text end

new text begin (8) recoupment may not be assessed for items on the face of a prescription not
required by the Minnesota Board of Pharmacy;
new text end

new text begin (9) the auditing company or agent may not receive payment based on a percentage
of the amount recovered;
new text end

new text begin (10) interest may not accrue during the audit period, which begins with the notice of
audit and ends with the final audit report;
new text end

new text begin (11) an entity may not consider any clerical or record keeping error, such as a
typographical error, scrivener's error, or computer error regarding a required document or
record as fraud; however, such errors may be subject to recoupment; and
new text end

new text begin (12) a person shall not be subject to criminal penalties for errors provided for in
clause (11) without proof of intent to commit fraud.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims adjudicated on or after
January 1, 2011.
new text end

Sec. 6.

new text begin [151.64] AUDIT INFORMATION AND REPORTS.
new text end

new text begin (a) A preliminary audit report must be delivered to the pharmacy within 30 days
after the conclusion of the audit.
new text end

new text begin (b) A pharmacy must be allowed at least 30 days following receipt of the preliminary
audit to provide documentation to address any discrepancy found in the audit.
new text end

new text begin (c) A final audit report must be delivered to the pharmacy within 90 days after
receipt of the preliminary audit report or final appeal, whichever is later.
new text end

new text begin (d) No chargeback, recoupment, or other penalties may be assessed until the appeals
process has been exhausted and the final report issued.
new text end

new text begin (e) An entity shall remit any money due to a pharmacy or pharmacist as a result of
an underpayment of a claim within 30 days after the appeals process has been exhausted
and the final audit report has been issued.
new text end

new text begin (f) Where not superseded by state or federal law, audit information may not be
shared. Auditors shall only have access to previous audit reports on a particular pharmacy
conducted by that same auditing entity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims adjudicated on or after
January 1, 2011.
new text end

Sec. 7.

new text begin [151.65] DISCLOSURES TO PLAN SPONSOR.
new text end

new text begin An auditing entity must provide a copy of the final report to the plan sponsor whose
claims were included in the audit, and the money shall be returned to the plan sponsor and
the co-payment shall be returned directly to the patient.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims adjudicated on or after
January 1, 2011.
new text end

Sec. 8.

new text begin [151.66] APPLICABILITY OF OTHER LAWS AND REGULATIONS.
new text end

new text begin (a) Sections 151.60 to 151.65 do not apply to any investigative audit that involves
fraud, willful misrepresentation, or abuse, including without limitation:
new text end

new text begin (1) insurance fraud;
new text end

new text begin (2) billing for services not furnished or supplies not provided;
new text end

new text begin (3) billing that appears to be a deliberate application for duplicate payment for
the same services or supplies, billing both the beneficiary and the PBM or payer for the
same service;
new text end

new text begin (4) altering claim forms, electronic claim records, and medical documentation to
obtain a higher payment amount;
new text end

new text begin (5) soliciting, offering, or receiving a kickback or bribe;
new text end

new text begin (6) participating in schemes that involve collusion between a provider and a
beneficiary, or between a supplier and a provider, and result in higher costs or charges to
the entity;
new text end

new text begin (7) misrepresentations of dates and descriptions of services furnished or the identity
of the beneficiary or the individual who furnished the services;
new text end

new text begin (8) billing for prescriptions without a prescription on file, when over-the-counter
items are dispensed;
new text end

new text begin (9) dispensing prescriptions using outdated drugs;
new text end

new text begin (10) billing with the wrong National Drug Code (NDC) or billing for a brand name
when a generic drug is dispensed;
new text end

new text begin (11) not crediting the payer for medications or parts of prescriptions that were not
picked up within 14 days;
new text end

new text begin (12) billing the payer a higher price than the pharmacy's usual and customary charge
to the general public; and
new text end

new text begin (13) billing for a product when there is no proof that the product was purchased.
new text end

new text begin (b) All cases of suspected fraud or violations of law must be reported by the auditor
to the Board of Pharmacy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for claims adjudicated on or after
January 1, 2011.
new text end

Sec. 9.

Minnesota Statutes 2010, section 256.962, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Coverage dates. new text end

new text begin The commissioner, upon the request of a managed care
or county-based purchasing plan, shall include the end of coverage dates on the monthly
rosters of medical assistance and MinnesotaCare enrollees provided to the plans. The
commissioner may assess plans a fee for the cost of producing the monthly roster of
enrollees with end of coverage dates.
new text end

Sec. 10.

Minnesota Statutes 2010, section 256B.04, subdivision 14a, is amended to
read:

Subd. 14a.

Level of need determination.

Nonemergency medical transportation
level of need determinations must be performed by a physician, a registered nurse working
under direct supervision of a physician, a physician's assistant, a nurse practitioner, a
licensed practical nurse, or a discharge planner.

Nonemergency medical transportation level of need determinations must not be
performed more than annually on any individual, unless the individual's circumstances
have sufficiently changed so as to require a new level of need determination. new text begin An entity
shall not charge, and the commissioner shall not pay, more than $25 for performing a
level of need determination regarding any person receiving nonemergency medical
transportation, including special transportation.
new text end

new text begin Special transportation services to eligible persons who need a stretcher-accessible
vehicle from a hospital are exempt from a level of need determination if the special
transportation services have been ordered by the eligible person's physician, registered
nurse working under direct supervision of a physician, physician's assistant, nurse
practitioner, licensed practical nurse, or discharge planner pursuant to Medicare guidelines.
new text end

Individuals new text begin transported to or new text end residing in licensed nursing facilities are exempt from a
level of need determination and are eligible for special transportation services until the
individual no longer resides in a licensed nursing facility. If a person authorized by this
subdivision to perform a level of need determination determines that an individual requires
stretcher transportation, the individual is presumed to maintain that level of need until
otherwise determined by a person authorized to perform a level of need determination, or
for six months, whichever is sooner.

Sec. 11.

Minnesota Statutes 2010, section 256B.0625, subdivision 3c, is amended to
read:

Subd. 3c.

Health Services Policy Committee.

(a) The commissioner, after
receiving recommendations from professional physician associations, professional
associations representing licensed nonphysician health care professionals, and consumer
groups, shall establish a 13-member Health Services Policy Committee, which consists of
12 voting members and one nonvoting member. The Health Services Policy Committee
shall advise the commissioner regarding health services pertaining to the administration of
health care benefits covered under the medical assistance, general assistance medical care,
and MinnesotaCare programs new text begin , only as authorized in paragraphs (b) to (e), subdivision 53,
and section 256B.043, subdivision 1 new text end . The Health Services Policy Committee shall meet at
least quarterly. The Health Services Policy Committee shall annually elect a physician
chair from among its members, who shall work directly with the commissioner's medical
director, to establish the agenda for each meeting. The Health Services Policy Committee
shall also recommend criteria for verifying centers of excellence for specific aspects of
medical care where a specific set of combined services, a volume of patients necessary to
maintain a high level of competency, or a specific level of technical capacity is associated
with improved health outcomes.

(b) The commissioner shall establish a dental subcommittee to operate under the
Health Services Policy Committee. The dental subcommittee consists of general dentists,
dental specialists, safety net providers, dental hygienists, health plan company and
county and public health representatives, health researchers, consumers, and a designee
of the commissioner of health. The dental subcommittee shall advise the commissioner
regarding:

(1) the critical access dental program under section 256B.76, subdivision 4, including
but not limited to criteria for designating and terminating critical access dental providers;

(2) any changes to the critical access dental provider program necessary to comply
with program expenditure limits;

(3) dental coverage policy based on evidence, quality, continuity of care, and best
practices;

(4) the development of dental delivery models; and

(5) dental services to be added or eliminated from subdivision 9, paragraph (b).

(c) The Health Services Policy Committee shall study approaches to making
provider reimbursement under the medical assistance, MinnesotaCare, and general
assistance medical care programs contingent on patient participation in a patient-centered
decision-making process, and shall evaluate the impact of these approaches on health
care quality, patient satisfaction, and health care costs. The committee shall present
findings and recommendations to the commissioner and the legislative committees with
jurisdiction over health care by January 15, 2010.

(d) The Health Services Policy Committee shall monitor and track the practice
patterns of physicians providing services to medical assistance, MinnesotaCare, and
general assistance medical care enrollees under fee-for-service, managed care, and
county-based purchasing. The committee shall focus on services or specialties for
which there is a high variation in utilization across physicians, or which are associated
with high medical costs. The commissioner, based upon the findings of the committee,
shall regularly notify physicians whose practice patterns indicate higher than average
utilization or costs. Managed care and county-based purchasing plans shall provide the
commissioner with utilization and cost data necessary to implement this paragraph, and
the commissioner shall make this data available to the committee.

(e) The Health Services Policy Committee shall review caesarean section rates
for the fee-for-service medical assistance population. The committee may develop best
practices policies related to the minimization of caesarean sections, including but not
limited to standards and guidelines for health care providers and health care facilities.

Sec. 12.

Minnesota Statutes 2010, section 256B.0625, subdivision 17, is amended to
read:

Subd. 17.

Transportation costs.

(a) Medical assistance covers medical
transportation costs incurred solely for obtaining emergency medical care or transportation
costs incurred by eligible persons in obtaining emergency or nonemergency medical
care when paid directly to an ambulance company, common carrier, or other recognized
providers of transportation services. Medical transportation must be provided by:

(1) an ambulance, as defined in section 144E.001, subdivision 2;

(2) special transportation; or

(3) common carrier including, but not limited to, bus, taxicab, other commercial
carrier, or private automobile.

(b) Medical assistance covers special transportation, as defined in Minnesota Rules,
part 9505.0315, subpart 1, item F, if the recipient has a physical or mental impairment that
would prohibit the recipient from safely accessing and using a bus, taxi, other commercial
transportation, or private automobile.

The commissioner may use an order by the recipient's attending physician to certify that
the recipient requires special transportation services. Special transportation providers
shall perform driver-assisted services for eligible individuals. Driver-assisted service
includes passenger pickup at and return to the individual's residence or place of business,
assistance with admittance of the individual to the medical facility, and assistance in
passenger securement or in securing of wheelchairs or stretchers in the vehicle. Special
transportation providers must obtain written documentation from the health care service
provider who is serving the recipient being transported, identifying the time that the
recipient arrived. Special transportation providers may not bill for separate base rates for
the continuation of a trip beyond the original destination. Special transportation providers
must take recipients to the nearest appropriate health care provider, using the most direct
route new text begin as determined by a commercially available mileage software program approved by
the commissioner new text end . The minimum medical assistance reimbursement rates for special
transportation services are:

(1) (i) $17 for the base rate and $1.35 per mile for special transportation services to
eligible persons who need a wheelchair-accessible van;

(ii) $11.50 for the base rate and $1.30 per mile for special transportation services to
eligible persons who do not need a wheelchair-accessible van; and

(iii) $60 for the base rate and $2.40 per mile, and an attendant rate of $9 per trip, for
special transportation services to eligible persons who need a stretcher-accessible vehicle;

(2) the base rates for special transportation services in areas defined under RUCA
to be super rural shall be equal to the reimbursement rate established in clause (1) plus
11.3 percent; and

(3) for special transportation services in areas defined under RUCA to be rural
or super rural areas:

(i) for a trip equal to 17 miles or less, mileage reimbursement shall be equal to 125
percent of the respective mileage rate in clause (1); and

(ii) for a trip between 18 and 50 miles, mileage reimbursement shall be equal to
112.5 percent of the respective mileage rate in clause (1).

(c) For purposes of reimbursement rates for special transportation services under
paragraph (b), the zip code of the recipient's place of residence shall determine whether
the urban, rural, or super rural reimbursement rate applies.

(d) For purposes of this subdivision, "rural urban commuting area" or "RUCA"
means a census-tract based classification system under which a geographical area is
determined to be urban, rural, or super rural.

Sec. 13.

Minnesota Statutes 2010, section 256B.0911, subdivision 3a, is amended to
read:

Subd. 3a.

Assessment and support planning.

(a) Persons requesting assessment,
services planning, or other assistance intended to support community-based living,
including persons who need assessment in order to determine waiver or alternative care
program eligibility, must be visited by a long-term care consultation team within 15
calendar days after the date on which an assessment was requested or recommended. After
January 1, 2011, these requirements also apply to personal care assistance services, private
duty nursing, and home health agency services, on timelines established in subdivision 5.
Face-to-face assessments must be conducted according to paragraphs (b) to (i).

(b) The county may utilize a team of either the social worker or public health nurse,
or both. After January 1, 2011, lead agencies shall use certified assessors to conduct the
assessment in a face-to-face interview. The consultation team members must confer
regarding the most appropriate care for each individual screened or assessed.

(c) The assessment must be comprehensive and include a person-centered
assessment of the health, psychological, functional, environmental, and social needs of
referred individuals and provide information necessary to develop a support plan that
meets the consumers needs, using an assessment form provided by the commissioner.

(d) The assessment must be conducted in a face-to-face interview with the person
being assessed and the person's legal representative, as required by legally executed
documents, and other individuals as requested by the person, who can provide information
on the needs, strengths, and preferences of the person necessary to develop a support plan
that ensures the person's health and safety, but who is not a provider of service or has any
financial interest in the provision of services. new text begin For persons who are to be assessed for
elderly waiver customized living services under section 256B.0915, with the permission
of the person being assessed or the person's designated or legal representative, the client's
current or proposed provider of services may submit a copy of the provider's nursing
assessment or written report outlining their recommendations regarding the client's care
needs. The person conducting the assessment will notify the provider of the date by which
this information is to be submitted. This information shall be provided to the person
conducting the assessment prior to the assessment.
new text end

(e) The person, or the person's legal representative, must be provided with written
recommendations for community-based services, including consumer-directed options,
or institutional care that include documentation that the most cost-effective alternatives
available were offered to the individual. For purposes of this requirement, "cost-effective
alternatives" means community services and living arrangements that cost the same as or
less than institutional care.

(f) If the person chooses to use community-based services, the person or the person's
legal representative must be provided with a written community support plan, regardless
of whether the individual is eligible for Minnesota health care programs. A person may
request assistance in identifying community supports without participating in a complete
assessment. Upon a request for assistance identifying community support, the person must
be transferred or referred to the services available under sections 256.975, subdivision 7,
and 256.01, subdivision 24, for telephone assistance and follow up.

(g) The person has the right to make the final decision between institutional
placement and community placement after the recommendations have been provided,
except as provided in subdivision 4a, paragraph (c).

(h) The team must give the person receiving assessment or support planning, or
the person's legal representative, materials, and forms supplied by the commissioner
containing the following information:

(1) the need for and purpose of preadmission screening if the person selects nursing
facility placement;

(2) the role of the long-term care consultation assessment and support planning in
waiver and alternative care program eligibility determination;

(3) information about Minnesota health care programs;

(4) the person's freedom to accept or reject the recommendations of the team;

(5) the person's right to confidentiality under the Minnesota Government Data
Practices Act, chapter 13;

(6) the long-term care consultant's decision regarding the person's need for
institutional level of care as determined under criteria established in section 144.0724,
subdivision 11, or 256B.092; and

(7) the person's right to appeal the decision regarding the need for nursing facility
level of care or the county's final decisions regarding public programs eligibility according
to section 256.045, subdivision 3.

(i) Face-to-face assessment completed as part of eligibility determination for
the alternative care, elderly waiver, community alternatives for disabled individuals,
community alternative care, and traumatic brain injury waiver programs under sections
256B.0915, 256B.0917, and 256B.49 is valid to establish service eligibility for no more
than 60 calendar days after the date of assessment. The effective eligibility start date
for these programs can never be prior to the date of assessment. If an assessment was
completed more than 60 days before the effective waiver or alternative care program
eligibility start date, assessment and support plan information must be updated in a
face-to-face visit and documented in the department's Medicaid Management Information
System (MMIS). The effective date of program eligibility in this case cannot be prior to
the date the updated assessment is completed.

Sec. 14.

Minnesota Statutes 2010, section 256B.0915, subdivision 3e, is amended to
read:

Subd. 3e.

Customized living service rate.

(a) Payment for customized living
services shall be a monthly rate authorized by the lead agency within the parameters
established by the commissioner. The payment agreement must delineate the amount of
each component service included in the recipient's customized living service plan. The
lead agency new text begin , with input from the provider of customized living services, new text end shall ensure that
there is a documented need within the parameters established by the commissioner for all
component customized living services authorized.

(b) The payment rate must be based on the amount of component services to be
provided utilizing component rates established by the commissioner. Counties and tribes
shall use tools issued by the commissioner to develop and document customized living
service plans and rates.

(c) Component service rates must not exceed payment rates for comparable elderly
waiver or medical assistance services and must reflect economies of scale. Customized
living services must not include rent or raw food costs.

(d) The individualized monthly authorized payment for the customized living
service plan shall not exceed 50 percent of the greater of either the statewide or any
of the geographic groups' weighted average monthly nursing facility rate of the case
mix resident class to which the elderly waiver eligible client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the maintenance needs allowance
as described in subdivision 1d, paragraph (a), until the July 1 of the state fiscal year in
which the resident assessment system as described in section 256B.438 for nursing
home rate determination is implemented. Effective on July 1 of the state fiscal year in
which the resident assessment system as described in section 256B.438 for nursing
home rate determination is implemented and July 1 of each subsequent state fiscal year,
the individualized monthly authorized payment for the services described in this clause
shall not exceed the limit which was in effect on June 30 of the previous state fiscal year
updated annually based on legislatively adopted changes to all service rate maximums for
home and community-based service providers.

(e) Customized living services are delivered by a provider licensed by the
Department of Health as a class A or class F home care provider and provided in a
building that is registered as a housing with services establishment under chapter 144D.

Sec. 15.

Minnesota Statutes 2010, section 256B.0915, subdivision 3h, is amended to
read:

Subd. 3h.

Service rate limits; 24-hour customized living services.

(a) The
payment rate for 24-hour customized living services is a monthly rate authorized by the
lead agency within the parameters established by the commissioner of human services.
The payment agreement must delineate the amount of each component service included
in each recipient's customized living service plan. The lead agency new text begin , with input from
the provider of customized living services, new text end shall ensure that there is a documented need
within the parameters established by the commissioner for all component customized
living services authorized. The lead agency shall not authorize 24-hour customized living
services unless there is a documented need for 24-hour supervision.

(b) For purposes of this section, "24-hour supervision" means that the recipient
requires assistance due to needs related to one or more of the following:

(1) intermittent assistance with toileting, positioning, or transferring;

(2) cognitive or behavioral issues;

(3) a medical condition that requires clinical monitoring; or

(4) for all new participants enrolled in the program on or after January 1, 2011,
and all other participants at their first reassessment after January 1, 2011, dependency
in at least two of the following activities of daily living as determined by assessment
under section 256B.0911: bathing; dressing; grooming; walking; or eating; and needs
medication management and at least 50 hours of service per month. The lead agency shall
ensure that the frequency and mode of supervision of the recipient and the qualifications
of staff providing supervision are described and meet the needs of the recipient.

(c) The payment rate for 24-hour customized living services must be based on the
amount of component services to be provided utilizing component rates established by the
commissioner. Counties and tribes will use tools issued by the commissioner to develop
and document customized living plans and authorize rates.

(d) Component service rates must not exceed payment rates for comparable elderly
waiver or medical assistance services and must reflect economies of scale.

(e) The individually authorized 24-hour customized living payments, in combination
with the payment for other elderly waiver services, including case management, must not
exceed the recipient's community budget cap specified in subdivision 3a. Customized
living services must not include rent or raw food costs.

(f) The individually authorized 24-hour customized living payment rates shall not
exceed the 95 percentile of statewide monthly authorizations for 24-hour customized
living services in effect and in the Medicaid management information systems on March
31, 2009, for each case mix resident class under Minnesota Rules, parts 9549.0050
to 9549.0059, to which elderly waiver service clients are assigned. When there are
fewer than 50 authorizations in effect in the case mix resident class, the commissioner
shall multiply the calculated service payment rate maximum for the A classification by
the standard weight for that classification under Minnesota Rules, parts 9549.0050 to
9549.0059, to determine the applicable payment rate maximum. Service payment rate
maximums shall be updated annually based on legislatively adopted changes to all service
rates for home and community-based service providers.

(g) Notwithstanding the requirements of paragraphs (d) and (f), the commissioner
may establish alternative payment rate systems for 24-hour customized living services in
housing with services establishments which are freestanding buildings with a capacity of
16 or fewer, by applying a single hourly rate for covered component services provided
in either:

(1) licensed corporate adult foster homes; or

(2) specialized dementia care units which meet the requirements of section 144D.065
and in which:

(i) each resident is offered the option of having their own apartment; or

(ii) the units are licensed as board and lodge establishments with maximum capacity
of eight residents, and which meet the requirements of Minnesota Rules, part 9555.6205,
subparts 1, 2, 3, and 4, item A.

Sec. 16.

Minnesota Statutes 2010, section 256B.19, subdivision 1e, is amended to read:

Subd. 1e.

Additional local share of certain nursing facility costs.

Beginning
January 1, 2011, new text begin or on the first day of the second month following federal approval,
whichever occurs later, new text end local government entities that own the physical plant or are the
license holders of nursing facilities receiving rate adjustments under section 256B.441,
subdivision 55a, shall be responsible for paying the portion of nonfederal costs calculated
under section 256B.441, subdivision 55a, paragraph (d). Payments of the nonfederal share
shall be made monthly to the commissioner in amounts determined in accordance with
section 256B.441, subdivision 55a, paragraph (d). Payments for each month beginning
deleted text begin in January 2011 deleted text end new text begin on the effective date of the rate adjustment new text end through September 2015 shall
be due by the 15th day of the following month. If any provider obligated to pay an amount
under this subdivision is more than two months delinquent in the timely payment of the
monthly installment, the commissioner may withhold payments, penalties, and interest in
accordance with the methods outlined in section 256.9657, subdivision 7a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2010, section 256B.441, subdivision 55a, is amended to
read:

Subd. 55a.

Alternative to phase-in for publicly owned nursing facilities.

(a) For
operating payment rates implemented between January 1, 2011, new text begin or on the first day of the
second month following federal approval, whichever occurs later, new text end and September 30,
2015, the commissioner shall allow nursing facilities whose physical plant is owned or
whose license is held by a city, county, or hospital district to apply for a higher payment
rate under this section if the local government entity agrees to pay a specified portion of
the nonfederal share of medical assistance costs. Nursing facilities that apply shall be
eligible to select an operating payment rate, with a weight of 1.00, up to the rate calculated
in subdivision 54, without application of the phase-in under subdivision 55. The rates for
the other RUG's levels shall be computed as provided under subdivision 54.

(b) Rates determined under this subdivision shall take effect beginning January 1,
2011, new text begin or on the first day of the second month following federal approval, whichever occurs
later, new text end based on cost reports for the rate year ending September 30, 2009, and in future rate
years, rates determined for nursing facilities participating under this subdivision shall take
effect on October 1 of each year, based on the most recent available cost report.

(c) Eligible nursing facilities that wish to participate under this subdivision shall
make an application to the commissioner by September 30, 2010 new text begin , or by June 30 of any
subsequent year prior to June 30, 2015 new text end . deleted text begin Participation under this subdivision is irrevocable. deleted text end
If paragraph (a) does not result in a rate greater than what would have been provided
without application of this subdivision, a facility's rates shall be calculated as otherwise
provided and no payment by the local government entity shall be required under paragraph
(d).

(d) For each participating nursing facility, the public entity that owns the physical
plant or is the license holder of the nursing facility shall pay to the state the entire
nonfederal share of medical assistance payments received as a result of the difference
between the nursing facility's payment rate under subdivision 54, paragraph (a), and
the rates that the nursing facility would otherwise be paid without application of this
subdivision under subdivision 55 as determined by the commissioner.

(e) The commissioner may, at any time, reduce the payments under this subdivision
based on the commissioner's determination that the payments shall cause nursing facility
rates to exceed the state's Medicare upper payment limit or any other federal limitation. If
the commissioner determines a reduction is necessary, the commissioner shall reduce all
payment rates for participating nursing facilities by a percentage applied to the amount of
increase they would otherwise receive under this subdivision and shall notify participating
facilities of the reductions. If payments to a nursing facility are reduced, payments under
section 256B.19, subdivision 1e, shall be reduced accordingly.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2010, section 256B.69, is amended by adding a
subdivision to read:

new text begin Subd. 9c. new text end

new text begin Limitation on reporting. new text end

new text begin Except as provided in subdivision 5a,
paragraph (c), relating to the attainment of performance targets, subdivision 9, paragraph
(a), relating to reporting of encounter data, and as expressly required by Code of Federal
Regulations, title 42, part 438, demonstration providers shall not be required to report data
to the commissioner, nor file reports derived from data reported to the commissioner,
unless the commissioner determines that this reporting is necessary for the commissioner
to provide oversight and ensure accountability related to expenditures under this section.
new text end

Sec. 19. new text begin NONEMERGENCY MEDICAL TRANSPORTATION SINGLE
ADMINISTRATIVE STRUCTURE PROPOSAL.
new text end

new text begin (a) The commissioner of human services shall develop a proposal to create a single
administrative structure for providing nonemergency medical transportation services to
fee-for-service medical assistance recipients. The proposal must consolidate access and
special transportation into one administrative structure with the goal of standardizing
eligibility determination processes, scheduling arrangements, billing procedures, data
collection, and oversight mechanisms in order to enhance coordination, improve
accountability, and lessen confusion.
new text end

new text begin (b) In developing the proposal, the commissioner shall:
new text end

new text begin (1) examine the current responsibilities performed by the counties and the
Department of Human Services and consider the shift in costs if these responsibilities are
changed;
new text end

new text begin (2) identify key performance measures to assess the cost-effectiveness of
nonemergency medical transportation statewide, including a process to collect, audit,
and report data;
new text end

new text begin (3) develop a statewide complaint system for medical assistance recipients using
special transportation;
new text end

new text begin (4) establish a standardized billing process;
new text end

new text begin (5) establish a process that provides public input from interested parties before
special transportation eligibility policies are implemented or significantly changed;
new text end

new text begin (6) establish specific eligibility criteria that include the frequency of eligibility
assessments and the length of time a recipient remains eligible for special transportation;
new text end

new text begin (7) develop a reimbursement method to compensate volunteers for no-load miles
when transporting recipients to or from health-related appointments; and
new text end

new text begin (8) establish specific eligibility criteria to maximize the use of public transportation
by recipients who are without a physical, mental, or other impairment that would prohibit
safely accessing and using public transportation.
new text end

new text begin (c) In developing the proposal, the commissioner shall consult with the
Nonemergency Medical Transportation Advisory Council established under paragraph (d).
new text end

new text begin (d) The commissioner shall establish the Nonemergency Medical Transportation
Advisory Council to assist the commissioner in developing a single administrative
structure for providing nonemergency medical transportation services. The council shall
be comprised of:
new text end

new text begin (1) one representative each from the Departments of Human Services and
Transportation;
new text end

new text begin (2) one representative each from the following organizations: the Minnesota State
Council on Disability, the Minnesota Consortium for Citizens with Disabilities, ARC of
Minnesota, the Association of Minnesota Counties, the R-80 Medical Transportation
Coalition, the Minnesota Para Transit Association, Legal Aid, the Minnesota Ambulance
Association, the National Alliance on Mental Illness, the Minnesota Transportation
Providers Alliance, and the Minnesota Inter-County Association; and
new text end

new text begin (3) four members from the house of representatives, two from the majority party and
two from the minority party, appointed by the speaker of the house, and four members
from the senate, two from the majority party and two from the minority party, appointed
by the Subcommittee on Committees of the Committee on Rules and Administration.
new text end

new text begin The council is governed by Minnesota Statutes, section 15.059, except that members
shall not receive per diems. The commissioner of human services shall fund all costs
related to the council from existing resources.
new text end

new text begin (e) The commissioner shall submit the proposal and draft legislation necessary for
implementation to the chairs and ranking minority members of the senate and house of
representatives committees or divisions with jurisdiction over health care policy and
finance by January 15, 2012.
new text end

Sec. 20. new text begin RECOVERY FROM BROKER.
new text end

new text begin (a) If deemed appropriate after a review by the Attorney General's office, the
commissioner of human services, in cooperation with the commissioner of management
and budget, shall recover from any broker of nonemergency medical transportation
services all administrative amounts paid in excess of the original agreed-upon amount as
stated in a contract or compensation agreement that provided for the total compensation
for administrative services in each state fiscal year not to exceed a specific agreed-upon
amount for fiscal years 2005, 2006, 2007, 2008, 2009 and 2010.
new text end

new text begin (b) Recoveries under this section shall be based on the findings of the Office of
the Legislative Auditor's report on medical nonemergency transportation released in
February 2011.
new text end

Sec. 21. new text begin MINNESOTA AUTISM SPECTRUM DISORDER TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Members. new text end

new text begin (a) The Autism Spectrum Disorder Task Force is
composed of 19 members, appointed as follows:
new text end

new text begin (1) two members of the senate, one appointed by the majority leader and one
appointed by the minority leader;
new text end

new text begin (2) two members of the house of representatives, one from the majority party,
appointed by the speaker of the house, and one from the minority party, appointed by
the minority leader;
new text end

new text begin (3) two members who are family members of individuals with autism spectrum
disorder (ASD), one of whom shall be appointed by the majority leader of the senate, and
one of whom shall be appointed by the speaker of the house;
new text end

new text begin (4) one member appointed by the Minnesota chapter of the American Academy of
Pediatrics who is a developmental behavioral pediatrician;
new text end

new text begin (5) one member appointed by the Minnesota Academy of Family Physicians who is
a family practice physician;
new text end

new text begin (6) one member appointed by the Minnesota Psychological Association who is a
neuropsychologist;
new text end

new text begin (7) one member appointed by the majority leader of the senate who represents a
minority autism community;
new text end

new text begin (8) one member representing the directors of public school student support services;
new text end

new text begin (9) one member appointed by the Minnesota Council of Health Plans; and
new text end

new text begin (10) three members who represent autism advocacy groups, two of whom shall be
appointed by the speaker of the house and one of whom shall be appointed by the majority
leader of the senate.
new text end

new text begin (b) Appointments must be made by September 1, 2011. The senate member
appointed by the majority leader of the senate shall convene the first meeting of the
task force no later than October 1, 2011. The task force shall elect a chair from among
members at the first meeting. The task force shall meet at least six times per year.
new text end

new text begin (c) The Legislative Coordinating Commission shall provide meeting space for the
task force. Within available appropriations, the Departments of Education, Employment
and Economic Development, Health, and Human Services may provide assistance to
the task force.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin (a) The task force shall develop an autism spectrum disorder
statewide strategic plan that focuses on improving awareness, early diagnosis, and
intervention and on ensuring delivery of treatment and services for individuals diagnosed
with an autism spectrum disorder, including the coordination and accessibility of
cost-effective treatments and services throughout the individual's lifetime.
new text end

new text begin (b) The task force shall coordinate with existing efforts relating to autism spectrum
disorders at the Departments of Education, Employment and Economic Development,
Health, and Human Services and at the University of Minnesota and other agencies and
organizations as the task force deems appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin The task force shall submit its strategic plan to the legislature
by January 15, 2013. The task force shall continue to provide assistance with the
implementation of the strategic plan, as approved by the legislature, and shall submit
a progress report by January 15, 2014, and by January 15, 2015, on the status of
implementation of the strategic plan, including any draft legislation necessary for
implementation.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The task force expires June 30, 2015, unless extended by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011, and expires June 30,
2015.
new text end

Sec. 22. new text begin PROHIBITION ON USE OF FUNDS.
new text end

new text begin Subdivision 1. new text end

new text begin Use of funds. new text end

new text begin Funding for state-sponsored health programs shall not
be used for funding abortions, except to the extent necessary for continued participation
in a federal program. For purposes of this section, abortion has the meaning given in
Minnesota Statutes, section 144.343, subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Severability. new text end

new text begin If any one or more provision, section, subdivision, sentence,
clause, phrase, or word of this section or the application of it to any person or circumstance
is found to be unconstitutional, it is declared to be severable and the balance of this section
shall remain effective notwithstanding such unconstitutionality. The legislature intends
that it would have passed this section, and each provision, section, subdivision, sentence,
clause, phrase, or word irrespective of the fact that any one provision, section, subdivision,
sentence, clause, phrase, or word is declared unconstitutional.
new text end

new text begin Subd. 3. new text end

new text begin Supreme Court jurisdiction. new text end

new text begin The Minnesota Supreme Court has original
jurisdiction over an action challenging the constitutionality of this section and shall
expedite the resolution of the action.
new text end

ARTICLE 2

HUMAN SERVICES

Section 1.

Minnesota Statutes 2010, section 245.50, is amended to read:

245.50 INTERSTATE CONTRACTS, MENTAL HEALTH, CHEMICAL
HEALTH new text begin , DETOXIFICATION new text end SERVICES.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them.

(a) "Bordering state" means Iowa, North Dakota, South Dakota, or Wisconsin.

(b) "Receiving agency" means a public or private hospital, mental health center,
chemical health treatment facility, new text begin detoxification facility, new text end or other person or organization
which provides mental health deleted text begin or deleted text end new text begin , new text end chemical health new text begin , or detoxification new text end services under this
section to individuals from a state other than the state in which the agency is located.

(c) "Receiving state" means the state in which a receiving agency is located.

(d) "Sending agency" means a state or county agency which sends an individual to a
bordering state for treatment new text begin or detoxification new text end under this section.

(e) "Sending state" means the state in which the sending agency is located.

Subd. 2.

Purpose and authority.

(a) The purpose of this section is to enable
appropriate treatment new text begin or detoxification services new text end to be provided to individuals, across state
lines from the individual's state of residence, in qualified facilities that are closer to the
homes of individuals than are facilities available in the individual's home state.

(b) Unless prohibited by another law and subject to the exceptions listed in
subdivision 3, a county board or the commissioner of human services may contract
with an agency or facility in a bordering state for mental health deleted text begin or deleted text end new text begin , new text end chemical health new text begin , or
detoxification new text end services for residents of Minnesota, and a Minnesota mental health deleted text begin or deleted text end new text begin , new text end
chemical health new text begin , or detoxification new text end agency or facility may contract to provide services to
residents of bordering states. Except as provided in subdivision 5, a person who receives
services in another state under this section is subject to the laws of the state in which
services are provided. A person who will receive services in another state under this
section must be informed of the consequences of receiving services in another state,
including the implications of the differences in state laws, to the extent the individual will
be subject to the laws of the receiving state.

Subd. 3.

Exceptions.

A contract may not be entered into under this section for
services to persons who:

(1) are serving a sentence after conviction of a criminal offense;

(2) are on probation or parole;

(3) are the subject of a presentence investigation; or

(4) have been committed involuntarily in Minnesota under chapter 253B for
treatment of mental illness or chemical dependency, except as provided under subdivision
5.

Subd. 4.

Contracts.

Contracts entered into under this section must, at a minimum:

(1) describe the services to be provided;

(2) establish responsibility for the costs of services;

(3) establish responsibility for the costs of transporting individuals receiving
services under this section;

(4) specify the duration of the contract;

(5) specify the means of terminating the contract;

(6) specify the terms and conditions for refusal to admit or retain an individual; and

(7) identify the goals to be accomplished by the placement of an individual under
this section.

Subd. 5.

Special contracts; bordering states.

(a) An individual who is detained,
committed, or placed on an involuntary basis under chapter 253B may be confined or
treated in a bordering state pursuant to a contract under this section. An individual
who is detained, committed, or placed on an involuntary basis under the civil law of a
bordering state may be confined or treated in Minnesota pursuant to a contract under
this section. A peace or health officer who is acting under the authority of the sending
state may transport an individual to a receiving agency that provides services pursuant to
a contract under this section and may transport the individual back to the sending state
under the laws of the sending state. Court orders valid under the law of the sending state
are granted recognition and reciprocity in the receiving state for individuals covered by
a contract under this section to the extent that the court orders relate to confinement for
treatment or care of mental illness deleted text begin or deleted text end new text begin , new text end chemical dependency new text begin , or detoxification new text end . Such
treatment or care may address other conditions that may be co-occurring with the mental
illness or chemical dependency. These court orders are not subject to legal challenge in
the courts of the receiving state. Individuals who are detained, committed, or placed under
the law of a sending state and who are transferred to a receiving state under this section
continue to be in the legal custody of the authority responsible for them under the law
of the sending state. Except in emergencies, those individuals may not be transferred,
removed, or furloughed from a receiving agency without the specific approval of the
authority responsible for them under the law of the sending state.

(b) While in the receiving state pursuant to a contract under this section, an
individual shall be subject to the sending state's laws and rules relating to length of
confinement, reexaminations, and extensions of confinement. No individual may be sent
to another state pursuant to a contract under this section until the receiving state has
enacted a law recognizing the validity and applicability of this section.

(c) If an individual receiving services pursuant to a contract under this section leaves
the receiving agency without permission and the individual is subject to involuntary
confinement under the law of the sending state, the receiving agency shall use all
reasonable means to return the individual to the receiving agency. The receiving agency
shall immediately report the absence to the sending agency. The receiving state has the
primary responsibility for, and the authority to direct, the return of these individuals
within its borders and is liable for the cost of the action to the extent that it would be
liable for costs of its own resident.

(d) Responsibility for payment for the cost of care remains with the sending agency.

(e) This subdivision also applies to county contracts under subdivision 2 which
include emergency care and treatment provided to a county resident in a bordering state.

(f) If a Minnesota resident is admitted to a facility in a bordering state under this
chapter, a physician, licensed psychologist who has a doctoral degree in psychology, or
an advance practice registered nurse certified in mental health, who is licensed in the
bordering state, may act as an examiner under sections 253B.07, 253B.08, 253B.092,
253B.12, and 253B.17 subject to the same requirements and limitations in section
253B.02, subdivision 7. Such examiner may initiate an emergency hold under section
253B.05 on a Minnesota resident who is in a hospital that is under contract with a
Minnesota governmental entity under this section provided the resident, in the opinion of
the examiner, meets the criteria in section 253B.05.

new text begin (g) This section shall apply to detoxification services that are unrelated to treatment,
whether the services are provided on a voluntary or involuntary basis.
new text end

Sec. 2.

Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to read:

Subd. 2a.

Adult foster care license capacity.

(a) The commissioner shall issue
adult foster care licenses with a maximum licensed capacity of four beds, including
nonstaff roomers and boarders, except that the commissioner may issue a license with a
capacity of five beds, including roomers and boarders, according to paragraphs (b) to (f).

(b) An adult foster care license holder may have a maximum license capacity of five
if all persons in care are age 55 or over and do not have a serious and persistent mental
illness or a developmental disability.

(c) The commissioner may grant variances to paragraph (b) to allow a foster care
provider with a licensed capacity of five persons to admit an individual under the age of 55
if the variance complies with section 245A.04, subdivision 9, and approval of the variance
is recommended by the county in which the licensed foster care provider is located.

(d) The commissioner may grant variances to paragraph (b) to allow the use of a fifth
bed for emergency crisis services for a person with serious and persistent mental illness
or a developmental disability, regardless of age, if the variance complies with section
245A.04, subdivision 9, and approval of the variance is recommended by the county in
which the licensed foster care provider is located.

(e) deleted text begin If the 2009 legislature adopts a rate reduction that impacts providers of adult
foster care services, deleted text end The commissioner may issue an adult foster care license with a
capacity of five adults if the fifth bed does not increase the overall statewide capacity of
licensed adult foster care beds in homes that are not the primary residence of the license
holder, over the licensed capacity in such homes on July 1, 2009, as identified in a plan
submitted to the commissioner by the county, when the capacity is recommended by
the county licensing agency of the county in which the facility is located and if the
recommendation verifies that:

(1) the facility meets the physical environment requirements in the adult foster
care licensing rule;

(2) the five-bed living arrangement is specified for each resident in the resident's:

(i) individualized plan of care;

(ii) individual service plan under section 256B.092, subdivision 1b, if required; or

(iii) individual resident placement agreement under Minnesota Rules, part
9555.5105, subpart 19, if required;

(3) the license holder obtains written and signed informed consent from each
resident or resident's legal representative documenting the resident's informed choice to
living in the home and that the resident's refusal to consent would not have resulted in
service termination; and

(4) the facility was licensed for adult foster care before March 1, 2009.

(f) The commissioner shall not issue a new adult foster care license under paragraph
(e) after June 30, deleted text begin 2011 deleted text end new text begin 2013 new text end . The commissioner shall allow a facility with an adult foster
care license issued under paragraph (e) before June 30, 2011, to continue with a capacity of
five adults if the license holder continues to comply with the requirements in paragraph (e).

Sec. 3.

Minnesota Statutes 2010, section 245A.14, subdivision 1, is amended to read:

Subdivision 1.

Permitted single-family residential use.

new text begin (a) new text end A licensed
nonresidential program with a licensed capacity of 12 or fewer persons deleted text begin and a group family
day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve
14 or fewer children deleted text end shall be considered a permitted single-family residential use of
property for the purposes of zoning and other land use regulations.

new text begin (b) A family day care or group family day care facility licensed under Minnesota
Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered a
permitted single-family residential use of property for the purposes of zoning and other
land use regulations only if the license holder owns and resides in the home and is the
primary provider of care.
new text end

Sec. 4.

Minnesota Statutes 2010, section 245A.14, subdivision 4, is amended to read:

Subd. 4.

Special family day care homes.

Nonresidential child care programs
serving 14 or fewer children that are conducted at a location other than the license holder's
own residence shall be licensed under this section and the rules governing family day
care or group family day care if:

deleted text begin (a) the license holder is the primary provider of care and the nonresidential child
care program is conducted in a dwelling that is located on a residential lot;
deleted text end

deleted text begin (b) deleted text end new text begin (1) new text end the license holder is an employer who may or may not be the primary
provider of care, and the purpose for the child care program is to provide child care
services to children of the license holder's employees;

deleted text begin (c) deleted text end new text begin (2) new text end the license holder is a church or religious organization;

deleted text begin (d) deleted text end new text begin (3) new text end the license holder is a community collaborative child care provider. For
purposes of this subdivision, a community collaborative child care provider is a provider
participating in a cooperative agreement with a community action agency as defined in
section 256E.31; or

deleted text begin (e) deleted text end new text begin (4) new text end the license holder is a not-for-profit agency that provides child care in a
dwelling located on a residential lot and the license holder maintains two or more contracts
with community employers or other community organizations to provide child care
services. The county licensing agency may grant a capacity variance to a license holder
licensed under this deleted text begin paragraph deleted text end new text begin clause new text end to exceed the licensed capacity of 14 children by no
more than five children during transition periods related to the work schedules of parents,
if the license holder meets the following requirements:

deleted text begin (1) deleted text end new text begin (i) new text end the program does not exceed a capacity of 14 children more than a cumulative
total of four hours per day;

deleted text begin (2) deleted text end new text begin (ii) new text end the program meets a one to seven staff-to-child ratio during the variance
period;

deleted text begin (3) deleted text end new text begin (iii) new text end all employees receive at least an extra four hours of training per year than
required in the rules governing family child care each year;

deleted text begin (4) deleted text end new text begin (iv) new text end the facility has square footage required per child under Minnesota Rules,
part 9502.0425;

deleted text begin (5) deleted text end new text begin (v) new text end the program is in compliance with local zoning regulations;

deleted text begin (6) deleted text end new text begin (vi) new text end the program is in compliance with the applicable fire code as follows:

deleted text begin (i) deleted text end new text begin (A) new text end if the program serves more than five children older than 2-1/2 years of age,
but no more than five children 2-1/2 years of age or less, the applicable fire code is
educational occupancy, as provided in Group E Occupancy under the Minnesota State
Fire Code 2003, Section 202; or

deleted text begin (ii) deleted text end new text begin (B) new text end if the program serves more than five children 2-1/2 years of age or less, the
applicable fire code is Group I-4 Occupancies, as provided in the Minnesota State Fire
Code 2003, Section 202; and

deleted text begin (7) deleted text end new text begin (vii) new text end any age and capacity limitations required by the fire code inspection and
square footage determinations shall be printed on the license.

Sec. 5.

Minnesota Statutes 2010, section 256.0112, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Contracting for performance. new text end

new text begin In addition to the agreements in
subdivision 8, a local agency may negotiate a supplemental agreement to a contract
executed between a lead agency and an approved vendor under subdivision 6 for the
purposes of contracting for specific performance. The supplemental agreement may
augment the lead contract requirements and rates for services authorized by that local
agency only. The additional provisions must be negotiated with the vendor and designed
to encourage successful, timely, and cost-effective outcomes for clients, and may establish
incentive payments, penalties, performance-related reporting requirements, and similar
conditions. The per diem rate allowed under this subdivision must not be less than the rate
established in the lead county contract. Nothing in the supplemental agreement between
a local agency and an approved vendor binds the lead agency or other local agencies to
the terms and conditions of the supplemental agreement.
new text end

Sec. 6.

Minnesota Statutes 2010, section 256B.4912, subdivision 2, is amended to read:

Subd. 2.

Rate-setting methodologies.

new text begin (a) new text end The commissioner shall establish
statewide rate-setting methodologies that meet federal waiver requirements for home
and community-based waiver services for individuals with disabilities. The rate-setting
methodologies must abide by the principles of transparency and equitability across the
state. The methodologies must involve a uniform process of structuring rates for each
service and must promote quality and participant choice.

new text begin (b) The commissioner shall consult with stakeholders and recommend the basic
methodology framework and implementation principles, and provide draft legislation, to
the chairs and ranking minority members of the health and human services policy and
finance committees in the house of representatives and the senate by December 15, 2011.
The framework and principles shall include, but not be limited to:
new text end

new text begin (1) a process that counties and providers must follow to ensure clients' continued
access to services and provider plans in the event a provider is no longer able to provide
services under the new rate structure;
new text end

new text begin (2) a system that includes a process for needs assessment, needs determination,
service design, rate notification, and mistake resolution that is available to clients,
families, providers, and counties;
new text end

new text begin (3) criteria for an exceptions process;
new text end

new text begin (4) rates that are sensitive to geographical differences and allow for higher
reimbursement for clients who have medical and behavior issues;
new text end

new text begin (5) a clear definition of the rate tool and the processes and systems that determine
rates;
new text end

new text begin (6) the ability for providers to determine spending and services within the rate and
subject to limitations in the individual service plan and provider enrollment contract; and
new text end

new text begin (7) the continuation of a rate methodology stakeholder group through the first two
years of implementation.
new text end

new text begin (c) The commissioner shall issue a report to the house of representatives and senate
committees with jurisdiction over health and human services policy and finance two
years after implementation of the statewide rate methodology assessing the impact and
effectiveness of the new rates.
new text end

Sec. 7.

Minnesota Statutes 2010, section 256D.44, subdivision 5, is amended to read:

Subd. 5.

Special needs.

In addition to the state standards of assistance established in
subdivisions 1 to 4, payments are allowed for the following special needs of recipients of
Minnesota supplemental aid who are not residents of a nursing home, a regional treatment
center, or a group residential housing facility.

(a) The county agency shall pay a monthly allowance for medically prescribed
diets if the cost of those additional dietary needs cannot be met through some other
maintenance benefit. The need for special diets or dietary items must be prescribed by
a licensed physician. Costs for special diets shall be determined as percentages of the
allotment for a one-person household under the thrifty food plan as defined by the United
States Department of Agriculture. The types of diets and the percentages of the thrifty
food plan that are covered are as follows:

(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;

(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent
of thrifty food plan;

(3) controlled protein diet, less than 40 grams and requires special products, 125
percent of thrifty food plan;

(4) low cholesterol diet, 25 percent of thrifty food plan;

(5) high residue diet, 20 percent of thrifty food plan;

(6) pregnancy and lactation diet, 35 percent of thrifty food plan;

(7) gluten-free diet, 25 percent of thrifty food plan;

(8) lactose-free diet, 25 percent of thrifty food plan;

(9) antidumping diet, 15 percent of thrifty food plan;

(10) hypoglycemic diet, 15 percent of thrifty food plan; or

(11) ketogenic diet, 25 percent of thrifty food plan.

(b) Payment for nonrecurring special needs must be allowed for necessary home
repairs or necessary repairs or replacement of household furniture and appliances using
the payment standard of the AFDC program in effect on July 16, 1996, for these expenses,
as long as other funding sources are not available.

(c) A fee for guardian or conservator service is allowed at a reasonable rate
negotiated by the county or approved by the court. This rate shall not exceed five percent
of the assistance unit's gross monthly income up to a maximum of $100 per month. If the
guardian or conservator is a member of the county agency staff, no fee is allowed.

(d) The county agency shall continue to pay a monthly allowance of $68 for
restaurant meals for a person who was receiving a restaurant meal allowance on June 1,
1990, and who eats two or more meals in a restaurant daily. The allowance must continue
until the person has not received Minnesota supplemental aid for one full calendar month
or until the person's living arrangement changes and the person no longer meets the criteria
for the restaurant meal allowance, whichever occurs first.

(e) A fee of ten percent of the recipient's gross income or $25, whichever is less,
is allowed for representative payee services provided by an agency that meets the
requirements under SSI regulations to charge a fee for representative payee services. This
special need is available to all recipients of Minnesota supplemental aid regardless of
their living arrangement.

(f)(1) Notwithstanding the language in this subdivision, an amount equal to the
maximum allotment authorized by the federal Food Stamp Program for a single individual
which is in effect on the first day of July of each year will be added to the standards of
assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify
as shelter needy and are: (i) relocating from an institution, or an adult mental health
residential treatment program under section 256B.0622; (ii) eligible for the self-directed
supports option as defined under section 256B.0657, subdivision 2; or (iii) home and
community-based waiver recipients living in their own home or rented or leased apartment
which is not owned, operated, or controlled by a provider of service not related by blood
or marriage, unless allowed under paragraph (g).

(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the
shelter needy benefit under this paragraph is considered a household of one. An eligible
individual who receives this benefit prior to age 65 may continue to receive the benefit
after the age of 65.

(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that
exceed 40 percent of the assistance unit's gross income before the application of this
special needs standard. "Gross income" for the purposes of this section is the applicant's or
recipient's income as defined in section 256D.35, subdivision 10, or the standard specified
in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or
state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be
considered shelter needy for purposes of this paragraph.

(g) Notwithstanding this subdivision, to access housing and services as provided
in paragraph (f), the recipient may choose housing that may be owned, operated, or
controlled by the recipient's service provider. new text begin This housing arrangement must include
provisions for the recipient to retain the recipient's housing in the event the recipient
chooses a different service provider. new text end In a multifamily building of new text begin more than new text end four deleted text begin or more deleted text end
units, the maximum number of apartments that may be used by recipients of this program
shall be 50 percent of the units in a building new text begin , provided the service provider will implement
a plan with the recipient to transition the lease to the recipient's name new text end . deleted text begin This paragraph
expires on June 30, 2012. deleted text end new text begin Within two years of the initial lease the service provider shall
transfer the lease entered into under this subdivision to the recipient. In the event the
landlord denies this transfer, the commissioner shall approve an exception within sufficient
time to ensure the continued occupancy by the recipient.
new text end

Sec. 8.

Minnesota Statutes 2010, section 256J.49, subdivision 13, is amended to read:

Subd. 13.

Work activity.

new text begin (a) new text end "Work activity" means any activity in a participant's
approved employment plan that leads to employment. For purposes of the MFIP program,
this includes activities that meet the definition of work activity under the participation
requirements of TANF. Work activity includes:

(1) unsubsidized employment, including work study and paid apprenticeships or
internships;

(2) subsidized private sector or public sector employment, including grant diversion
as specified in section 256J.69, on-the-job training as specified in section 256J.66, paid
work experience, and supported work when a wage subsidy is provided;

(3) unpaid work experience, including community service, volunteer work,
the community work experience program as specified in section 256J.67, unpaid
apprenticeships or internships, and supported work when a wage subsidy is not provided.
Unpaid work experience is only an option if the participant has been unable to obtain or
maintain paid employment in the competitive labor market, and no paid work experience
programs are available to the participant. Prior to placing a participant in unpaid work,
the county must inform the participant that the participant will be notified if a paid work
experience or supported work position becomes available. Unless a participant consents in
writing to participate in unpaid work experience, the participant's employment plan may
only include unpaid work experience if including the unpaid work experience in the plan
will meet the following criteria:

(i) the unpaid work experience will provide the participant specific skills or
experience that cannot be obtained through other work activity options where the
participant resides or is willing to reside; and

(ii) the skills or experience gained through the unpaid work experience will result
in higher wages for the participant than the participant could earn without the unpaid
work experience;

(4) job search including job readiness assistance, job clubs, job placement,
job-related counseling, and job retention services;

(5) job readiness education, including English as a second language (ESL) or
functional work literacy classes as limited by the provisions of section 256J.531,
subdivision 2, general educational development (GED) course work, high school
completion, and adult basic education as limited by the provisions of section 256J.531,
subdivision 1;

(6) job skills training directly related to employment, including education and
training that can reasonably be expected to lead to employment, as limited by the
provisions of section 256J.53;

(7) providing child care services to a participant who is working in a community
service program;

(8) activities included in the employment plan that is developed under section
256J.521, subdivision 3; and

(9) preemployment activities including chemical and mental health assessments,
treatment, and services; learning disabilities services; child protective services; family
stabilization services; or other programs designed to enhance employability.

new text begin (b) "Work activity" does not include activities done for political purposes as defined
in section 211B.01, subdivision 6.
new text end

Sec. 9. new text begin RECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT.
new text end

new text begin The commissioner of human services shall initiate procedures no later than July
1, 2011, to enter into a reciprocal agreement with Bermuda for the establishment and
enforcement of child support obligations under United States Code, title 42, section
659a(d).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon Bermuda's written acceptance
and agreement to enforce Minnesota child support orders. If Bermuda does not accept and
declines to enforce Minnesota orders, this section expires December 31, 2012.
new text end

Sec. 10. new text begin INSTRUCTIONS TO THE COMMISSIONER.
new text end

new text begin The commissioner of human services shall consult with the commissioner of health
and stakeholders, including service providers, advocates, and counties to consolidate the
ICF/MR standards in chapter 245B and the standards in Minnesota Rules to eliminate
duplicative and outdated standards.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256J.575, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 3

LICENSING

Section 1.

Minnesota Statutes 2010, section 148.10, subdivision 7, is amended to read:

Subd. 7.

Conviction of a felony-level criminal sexual conduct offense.

(a) Except
as provided in paragraph deleted text begin (e) deleted text end new text begin (f) new text end , the board shall not grant or renew a license to practice
chiropractic to any person who has been convicted on or after August 1, 2010, of any
of the provisions of sections 609.342, subdivision 1, 609.343, subdivision 1, 609.344,
subdivision 1, paragraphs (c) to (o), or 609.345, subdivision 1, paragraphs (b) to (o).

new text begin (b) The board shall not grant or renew a license to practice chiropractic to any
person who has been convicted in any other state or country on or after August 1, 2011,
of an offense where the elements of the offense are substantially similar to any of the
offenses listed in paragraph (a).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A license to practice chiropractic is automatically revoked if the licensee is
convicted of an offense listed in paragraph (a) deleted text begin of this section deleted text end .

deleted text begin (c) deleted text end new text begin (d) new text end A license to practice chiropractic that has been denied or revoked under this
subdivision is not subject to chapter 364.

deleted text begin (d) deleted text end new text begin (e) new text end For purposes of this subdivision, "conviction" means a plea of guilty, a
verdict of guilty by a jury, or a finding of guilty by the court, unless the court stays
imposition or execution of the sentence and final disposition of the case is accomplished at
a nonfelony level.

deleted text begin (e) deleted text end new text begin (f) new text end The board may establish criteria whereby an individual convicted of an offense
listed in paragraph (a) deleted text begin of this subdivision deleted text end may become licensed provided that the criteria:

(1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
credentialing;

(2) provide a standard for overcoming the presumption; and

(3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.

The board shall not consider an application under this paragraph if the board
determines that the victim involved in the offense was a patient or a client of the applicant
at the time of the offense.

Sec. 2.

Minnesota Statutes 2010, section 148.231, is amended to read:

148.231 REGISTRATION; FAILURE TO REGISTER; REREGISTRATION;
VERIFICATION.

Subdivision 1.

Registration.

Every person licensed to practice professional or
practical nursing must maintain with the board a current registration for practice as a
registered nurse or licensed practical nurse which must be renewed at regular intervals
established by the board by rule. No deleted text begin certificate of deleted text end registration shall be issued by the board
to a nurse until the nurse has submitted satisfactory evidence of compliance with the
procedures and minimum requirements established by the board.

The fee for periodic registration for practice as a nurse shall be determined by the
board by deleted text begin rule deleted text end new text begin law new text end . deleted text begin A penalty fee shall be added for any application received after the
required date as specified by the board by rule. deleted text end Upon receipt of the application and the
required fees, the board shall verify the application and the evidence of completion of
continuing education requirements in effect, and thereupon issue to the nurse deleted text begin a certificate
of deleted text end registration for the next renewal period.

Subd. 4.

Failure to register.

Any person licensed under the provisions of sections
148.171 to 148.285 who fails to register within the required period shall not be entitled to
practice nursing in this state as a registered nurse or licensed practical nurse.

Subd. 5.

Reregistration.

A person whose registration has lapsed desiring to
resume practice shall make application for reregistration, submit satisfactory evidence of
compliance with the procedures and requirements established by the board, and pay the
deleted text begin registration deleted text end new text begin reregistration new text end fee for the current period to the board. A penalty fee shall be
required from a person who practiced nursing without current registration. Thereupon, deleted text begin the deleted text end
registration deleted text begin certificate deleted text end shall be issued to the person who shall immediately be placed on
the practicing list as a registered nurse or licensed practical nurse.

Subd. 6.

Verification.

A person licensed under the provisions of sections 148.171 to
148.285 who requests the board to verify a Minnesota license to another state, territory,
or country or to an agency, facility, school, or institution shall pay a fee deleted text begin to the board deleted text end
for each verification.

Sec. 3.

Minnesota Statutes 2010, section 148B.5301, subdivision 1, is amended to read:

Subdivision 1.

General requirements.

(a) To be licensed as a licensed professional
clinical counselor (LPCC), an applicant must provide satisfactory evidence to the board
that the applicant:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has completed a master's or doctoral degree program in counseling or a
related field, as determined by the board based on the criteria in items (i) to (x), that
includes a minimum of 48 semester hours or 72 quarter hours and a supervised field
experience in counseling that is not fewer than 700 hours. The degree must be from
a counseling program recognized by the Council for Accreditation of Counseling and
Related Education Programs (CACREP) or from an institution of higher education that is
accredited by a regional accrediting organization recognized by the Council for Higher
Education Accreditation (CHEA). Specific academic course content and training must
include coursework in each of the following subject areas:

(i) helping relationship, including counseling theory and practice;

(ii) human growth and development;

(iii) lifestyle and career development;

(iv) group dynamics, processes, counseling, and consulting;

(v) assessment and appraisal;

(vi) social and cultural foundations, including multicultural issues;

(vii) principles of etiology, treatment planning, and prevention of mental and
emotional disorders and dysfunctional behavior;

(viii) family counseling and therapy;

(ix) research and evaluation; and

(x) professional counseling orientation and ethics;

(4) has demonstrated competence in professional counseling by passing the National
Clinical Mental Health Counseling Examination (NCMHCE), administered by the
National Board for Certified Counselors, Inc. (NBCC) and ethical, oral, and situational
examinations as prescribed by the board deleted text begin . In lieu of the NCMHCE, applicants who have
taken and passed the National Counselor Examination (NCE) administered by the NBCC,
or another board-approved examination, need only take and pass the Examination of
Clinical Counseling Practice (ECCP) administered by the NBCC deleted text end ;

(5) has earned graduate-level semester credits or quarter-credit equivalents in the
following clinical content areas as follows:

(i) six credits in diagnostic assessment for child or adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;

(ii) three credits in clinical treatment planning, with measurable goals;

(iii) six credits in clinical intervention methods informed by research evidence and
community standards of practice;

(iv) three credits in evaluation methodologies regarding the effectiveness of
interventions;

(v) three credits in professional ethics applied to clinical practice; and

(vi) three credits in cultural diversity; and

(6) has demonstrated successful completion of 4,000 hours of supervised,
post-master's degree professional practice in the delivery of clinical services in the
diagnosis and treatment of child and adult mental illnesses and disorders, conducted
according to subdivision 2.

(b) If coursework in paragraph (a) was not completed as part of the degree program
required by paragraph (a), clause (3), the coursework must be taken and passed for credit,
and must be earned from a counseling program or institution that meets the requirements
of paragraph (a), clause (3).

Sec. 4.

Minnesota Statutes 2010, section 148B.5301, subdivision 3, is amended to read:

Subd. 3.

Conversion from licensed professional counselor to licensed
professional clinical counselor.

(a) Until August 1, deleted text begin 2011 deleted text end new text begin 2013 new text end , an individual currently
licensed in the state of Minnesota as a licensed professional counselor may convert to a
LPCC by providing evidence satisfactory to the board that the applicant has met the
following requirements:

(1) is at least 18 years of age;

(2) is of good moral character;

(3) has a license that is active and in good standing;

(4) has no complaints pending, uncompleted disciplinary orders, or corrective
action agreements;

(5) has completed a master's or doctoral degree program in counseling or a related
field, as determined by the board, and whose degree was from a counseling program
recognized by CACREP or from an institution of higher education that is accredited by a
regional accrediting organization recognized by CHEA;

(6) has earned 24 graduate-level semester credits or quarter-credit equivalents in
clinical coursework which includes content in the following clinical areas:

(i) diagnostic assessment for child and adult mental disorders; normative
development; and psychopathology, including developmental psychopathology;

(ii) clinical treatment planning, with measurable goals;

(iii) clinical intervention methods informed by research evidence and community
standards of practice;

(iv) evaluation methodologies regarding the effectiveness of interventions;

(v) professional ethics applied to clinical practice; and

(vi) cultural diversity;

(7) has demonstrated, to the satisfaction of the board, successful completion of
4,000 hours of supervised, post-master's degree professional practice in the delivery of
clinical services in the diagnosis and treatment of child and adult mental illnesses and
disorders; and

(8) has paid the LPCC application and licensure fees required in section 148B.53,
subdivision 3.

(b) If the coursework in paragraph (a) was not completed as part of the degree
program required by paragraph (a), clause (5), the coursework must be taken and passed
for credit, and must be earned from a counseling program or institution that meets the
requirements in paragraph (a), clause (5).

(c) This subdivision expires August 1, deleted text begin 2011 deleted text end new text begin 2013 new text end .

Sec. 5.

Minnesota Statutes 2010, section 148B.5301, subdivision 4, is amended to read:

Subd. 4.

Conversion to licensed professional clinical counselor after August 1,
deleted text begin 2011 deleted text end new text begin 2013 new text end .

An individual licensed in the state of Minnesota as a licensed professional
counselor may convert to a LPCC by providing evidence satisfactory to the board that the
applicant has met the requirements of subdivisions 1 and 2, subject to the following:

(1) the individual's license must be active and in good standing;

(2) the individual must not have any complaints pending, uncompleted disciplinary
orders, or corrective action agreements; and

(3) the individual has paid the LPCC application and licensure fees required in
section 148B.53, subdivision 3.

Sec. 6.

Minnesota Statutes 2010, section 148B.54, subdivision 2, is amended to read:

Subd. 2.

Continuing education.

At the completion of the first four years of
licensure, a licensee must provide evidence satisfactory to the board of completion of
12 additional postgraduate semester credit hours or its equivalent in counseling as
determined by the board, except that no licensee shall be required to show evidence of
greater than 60 semester hours or its equivalent. new text begin In addition to completing the requisite
graduate coursework, each licensee shall also complete in the first four years of licensure
a minimum of 40 hours of continuing education activities approved by the board under
Minnesota Rules, part 2150.2540. Graduate credit hours successfully completed in the
first four years of licensure may be applied to both the graduate credit requirement and to
the requirement for 40 hours of continuing education activities. A licensee may receive 15
continuing education hours per semester credit hour or ten continuing education hours
per quarter credit hour. new text end Thereafter, at the time of renewal, each licensee shall provide
evidence satisfactory to the board that the licensee has completed during each two-year
period at least the equivalent of 40 clock hours of professional postdegree continuing
education in programs approved by the board and continues to be qualified to practice
under sections 148B.50 to 148B.593.

Sec. 7.

Minnesota Statutes 2010, section 148B.54, subdivision 3, is amended to read:

Subd. 3.

Relicensure following termination.

An individual whose license was
terminated deleted text begin prior to August 1, 2010, deleted text end and who can demonstrate completion of the graduate
credit requirement in subdivision 2, does not need to comply with the continuing education
requirement of Minnesota Rules, part 2150.2520, subpart 4, or with the continuing
education requirements for relicensure following termination in Minnesota Rules, part
2150.0130, subpart 2. This section does not apply to an individual whose license has
been canceled.

Sec. 8.

Minnesota Statutes 2010, section 148E.060, subdivision 1, is amended to read:

Subdivision 1.

Students and other persons not currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is not licensed or credentialed to practice social work in any jurisdiction
but has:

(1) applied for a license under section 148E.055;

(2) applied for a temporary license on a form provided by the board;

(3) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(4) passed the applicable licensure examination provided for in section 148E.055;

(5) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(6) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 9.

Minnesota Statutes 2010, section 148E.060, subdivision 2, is amended to read:

Subd. 2.

Emergency situations and persons currently licensed in another
jurisdiction.

new text begin (a) new text end The board may issue a temporary license to practice social work to an
applicant who is licensed or credentialed to practice social work in another jurisdiction,
may or may not have applied for a license under section 148E.055, and has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) submitted evidence satisfactory to the board that the applicant is currently
licensed or credentialed to practice social work in another jurisdiction;

(4) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work from a program
accredited by the Council on Social Work Education, the Canadian Association of Schools
of Social Work, or a similar deleted text begin accreditation deleted text end new text begin accrediting new text end body designated by the board, or a
doctorate in social work from an accredited university; and

(5) not engaged in conduct that was or would be in violation of the standards of
practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after six months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 10.

Minnesota Statutes 2010, section 148E.060, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Programs in candidacy status. new text end

new text begin (a) The board may issue a temporary
license to practice social work to an applicant who has completed the requirements for a
baccalaureate or graduate degree in social work from a program in candidacy status with
the Council on Social Work Education, the Canadian Association of Schools of Social
Work, or a similar accrediting body designated by the board, and has:
new text end

new text begin (1) applied for a license under section 148E.055;
new text end

new text begin (2) applied for a temporary license on a form provided by the board;
new text end

new text begin (3) submitted a form provided by the board authorizing the board to complete a
criminal background check;
new text end

new text begin (4) passed the applicable licensure examination provided for in section 148E.055;
and
new text end

new text begin (5) not engaged in conduct that is in violation of the standards of practice specified
in sections 148E.195 to 148E.240. If the applicant has engaged in conduct that is in
violation of the standards of practice, the board may take action according to sections
148E.255 to 148E.270.
new text end

new text begin (b) A temporary license issued under this subdivision expires after 12 months but
may be extended at the board's discretion upon a showing that the social work program
remains in good standing with the Council on Social Work Education, the Canadian
Association of Schools of Social Work, or a similar accrediting body designated by the
board. If the board receives notice from the Council on Social Work Education, the
Canadian Association of Schools of Social Work, or a similar accrediting body designated
by the board that the social work program is not in good standing, or that the accreditation
will not be granted to the social work program, the temporary license is immediately
revoked.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 11.

Minnesota Statutes 2010, section 148E.060, subdivision 3, is amended to read:

Subd. 3.

Teachers.

new text begin (a) new text end The board may issue a temporary license to practice social
work to an applicant whose permanent residence is outside the United States, who is
teaching social work at an academic institution in Minnesota for a period not to exceed
12 months, who may or may not have applied for a license under section 148E.055, and
who has:

(1) applied for a temporary license on a form provided by the board;

(2) submitted a form provided by the board authorizing the board to complete a
criminal background check;

(3) attested on a form provided by the board that the applicant has completed the
requirements for a baccalaureate or graduate degree in social work; and

(4) has not engaged in conduct that was or would be in violation of the standards
of practice specified in sections 148E.195 to 148E.240. If the applicant has engaged in
conduct that was or would be in violation of the standards of practice, the board may take
action according to sections 148E.255 to 148E.270.

new text begin (b) A temporary license issued under this subdivision expires after 12 months.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 12.

Minnesota Statutes 2010, section 148E.060, subdivision 5, is amended to read:

Subd. 5.

Temporary license term.

deleted text begin (a) deleted text end A temporary license is valid until expiration,
or until the board issues or denies the license according to section 148E.055, or until
the board revokes the temporary license, whichever comes first. A temporary license is
nonrenewable.

deleted text begin (b) A temporary license issued according to subdivision 1 or 2 expires after six
months.
deleted text end

deleted text begin (c) A temporary license issued according to subdivision 3 expires after 12 months.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 13.

Minnesota Statutes 2010, section 148E.120, is amended to read:

148E.120 REQUIREMENTS OF SUPERVISORS.

Subdivision 1.

Supervisors licensed as social workers.

(a) Except as provided in
deleted text begin paragraph (d) deleted text end new text begin subdivision 2 new text end , to be eligible to provide supervision under this section, a
social worker must:

(1) have completed 30 hours of training in supervision through coursework from
an accredited college or university, or through continuing education in compliance with
sections 148E.130 to 148E.170;

(2) be competent in the activities being supervised; and

(3) attest, on a form provided by the board, that the social worker has met the
applicable requirements specified in this section and sections 148E.100 to 148E.115. The
board may audit the information provided to determine compliance with the requirements
of this section.

(b) A licensed independent clinical social worker providing clinical licensing
supervision to a licensed graduate social worker or a licensed independent social worker
must have at least 2,000 hours of experience in authorized social work practice, including
1,000 hours of experience in clinical practice after obtaining a licensed independent
clinical social worker license.

(c) A licensed social worker, licensed graduate social worker, licensed independent
social worker, or licensed independent clinical social worker providing nonclinical
licensing supervision must have completed the supervised practice requirements specified
in section 148E.100, 148E.105, 148E.106, 148E.110, or 148E.115, as applicable.

deleted text begin (d) If the board determines that supervision is not obtainable from an individual
meeting the requirements specified in paragraph (a), the board may approve an alternate
supervisor according to subdivision 2.
deleted text end

Subd. 2.

Alternate supervisors.

(a) The board may approve an alternate supervisor
deleted text begin if: deleted text end new text begin as determined in this subdivision. The board shall approve up to 25 percent of the
required supervision hours by a licensed mental health professional who is competent and
qualified to provide supervision according to the mental health professional's respective
licensing board, as established by section 245.462, subdivision 18, clauses (1) to (6), or
245.4871, subdivision 27, clauses (1) to (6).
new text end

deleted text begin (1) the board determines that supervision is not obtainable according to paragraph
(b);
deleted text end

deleted text begin (2) the licensee requests in the supervision plan submitted according to section
148E.125, subdivision 1, that an alternate supervisor conduct the supervision;
deleted text end

deleted text begin (3) the licensee describes the proposed supervision and the name and qualifications
of the proposed alternate supervisor; and
deleted text end

deleted text begin (4) the requirements of paragraph (d) are met.
deleted text end

deleted text begin (b) The board may determine that supervision is not obtainable if:
deleted text end

deleted text begin (1) the licensee provides documentation as an attachment to the supervision plan
submitted according to section 148E.125, subdivision 1, that the licensee has conducted a
thorough search for a supervisor meeting the applicable licensure requirements specified
in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) the licensee demonstrates to the board's satisfaction that the search was
unsuccessful; and
deleted text end

deleted text begin (3) the licensee describes the extent of the search and the names and locations of
the persons and organizations contacted.
deleted text end

deleted text begin (c) The requirements specified in paragraph (b) do not apply to obtaining licensing
supervision for social work practice if the board determines that there are five or fewer
supervisors meeting the applicable licensure requirements in sections 148E.100 to
148E.115 in the county where the licensee practices social work.
deleted text end

deleted text begin (d) An alternate supervisor must:
deleted text end

deleted text begin (1) be an unlicensed social worker who is employed in, and provides the supervision
in, a setting exempt from licensure by section 148E.065, and who has qualifications
equivalent to the applicable requirements specified in sections 148E.100 to 148E.115;
deleted text end

deleted text begin (2) be a social worker engaged in authorized practice in Iowa, Manitoba, North
Dakota, Ontario, South Dakota, or Wisconsin, and has the qualifications equivalent to the
applicable requirements specified in sections 148E.100 to 148E.115; or
deleted text end

deleted text begin (3) be a licensed marriage and family therapist or a mental health professional
as established by section 245.462, subdivision 18, or 245.4871, subdivision 27, or an
equivalent mental health professional, as determined by the board, who is licensed or
credentialed by a state, territorial, provincial, or foreign licensing agency.
deleted text end

deleted text begin (e) In order to qualify to provide clinical supervision of a licensed graduate social
worker or licensed independent social worker engaged in clinical practice, the alternate
supervisor must be a mental health professional as established by section 245.462,
subdivision 18, or 245.4871, subdivision 27, or an equivalent mental health professional,
as determined by the board, who is licensed or credentialed by a state, territorial,
provincial, or foreign licensing agency.
deleted text end

new text begin (b) The board shall approve up to 100 percent of the required supervision hours by
an alternate supervisor if the board determines that:
new text end

new text begin (1) there are five or fewer supervisors in the county where the licensee practices
social work who meet the applicable licensure requirements in subdivision 1;
new text end

new text begin (2) the supervisor is an unlicensed social worker who is employed in, and provides
the supervision in, a setting exempt from licensure by section 148E.065, and who has
qualifications equivalent to the applicable requirements specified in sections 148E.100 to
148E.115;
new text end

new text begin (3) the supervisor is a social worker engaged in authorized social work practice
in Iowa, Manitoba, North Dakota, Ontario, South Dakota, or Wisconsin, and has the
qualifications equivalent to the applicable requirements in sections 148E.100 to 148E.115;
new text end

new text begin (4) the applicant or licensee is engaged in nonclinical authorized social work
practice outside of Minnesota and the supervisor meets the qualifications equivalent to
the applicable requirements in sections 148E.100 to 148E.115, or the supervisor is an
equivalent mental health professional, as determined by the board, who is credentialed by
a state, territorial, provincial, or foreign licensing agency; or
new text end

new text begin (5) the applicant or licensee is engaged in clinical authorized social work practice
outside of Minnesota and the supervisor meets qualifications equivalent to the applicable
requirements in section 148E.115, or the supervisor is an equivalent mental health
professional, as determined by the board, who is credentialed by a state, territorial,
provincial, or foreign licensing agency.
new text end

new text begin (c) In order for the board to consider an alternate supervisor under this section,
the licensee must:
new text end

new text begin (1) request in the supervision plan and verification submitted according to section
148E.125 that an alternate supervisor conduct the supervision; and
new text end

new text begin (2) describe the proposed supervision and the name and qualifications of the
proposed alternate supervisor. The board may audit the information provided to determine
compliance with the requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 14.

Minnesota Statutes 2010, section 149A.50, subdivision 1, is amended to read:

Subdivision 1.

License required.

new text begin (a) new text end Except as provided in section 149A.01,
subdivision 3, no person shall maintain, manage, or operate a place or premise devoted to
or used in the holding, care, or preparation of a dead human body for final disposition,
or any place used as the office or place of business for the provision of funeral services,
without possessing a valid license to operate a funeral establishment issued by the
commissioner of health.

new text begin (b) Notwithstanding paragraph (a), a license is not required for the direct sale to
consumers of caskets, urns, or other funeral goods.
new text end

Sec. 15.

Minnesota Statutes 2010, section 150A.02, is amended to read:

150A.02 BOARD OF DENTISTRY.

Subdivision 1.

Generally.

There is hereby created a Board of Dentistry whose duty
it shall be to carry out the purposes and enforce the provisions of sections 150A.01 to
150A.12. The board shall consist of two public members as defined by section 214.02,
new text begin and the following dental professionals who are licensed and reside in Minnesota: new text end five
qualified deleted text begin resident deleted text end dentists, one qualified deleted text begin resident deleted text end licensed dental assistant, and one
qualified deleted text begin resident deleted text end dental hygienist appointed by the governor. new text begin One qualified dentist must
be involved with the education, employment, or utilization of a dental therapist or an
advanced dental therapist. new text end Membership terms, compensation of members, removal of
members, the filling of membership vacancies, and fiscal year and reporting requirements
shall be as provided in sections 214.07 to 214.09. The provision of staff, administrative
services and office space; the review and processing of board complaints; the setting
of board fees; and other provisions relating to board operations shall be as provided in
chapter 214. Each board member who is a dentist, licensed dental assistant, or dental
hygienist shall have been lawfully in active practice in this state for five years immediately
preceding appointment; and no board member shall be eligible for appointment to more
than two consecutive four-year terms, and members serving on the board at the time of
the enactment hereof shall be eligible to reappointment provided they shall not have
served more than nine consecutive years at the expiration of the term to which they are to
be appointed. At least 90 days prior to the expiration of the terms of dentists, licensed
dental assistants, or dental hygienists, the Minnesota Dental Association, Minnesota
Dental Assistants Association, or the Minnesota State Dental Hygiene Association shall
recommend to the governor for each term expiring not less than two dentists, two licensed
dental assistants, or two dental hygienists, respectively, who are qualified to serve on the
board, and from the list so recommended the governor may appoint members to the board
for the term of four years, the appointments to be made within 30 days after the expiration
of the terms. Within 60 days after the occurrence of a dentist, licensed dental assistant, or
dental hygienist vacancy, prior to the expiration of the term, in the board, the Minnesota
Dental Association, the Minnesota Dental Assistants Association, or the Minnesota State
Dental Hygiene Association shall recommend to the governor not less than two dentists,
two licensed dental assistants, or two dental hygienists, who are qualified to serve on the
board and from the list so recommended the governor, within 30 days after receiving such
list of dentists, may appoint one member to the board for the unexpired term occasioned
by such vacancy. Any appointment to fill a vacancy shall be made within 90 days after the
occurrence of such vacancy. deleted text begin The first four-year term of the dental hygienist and of the
licensed dental assistant shall commence on the first Monday in January, 1977.
deleted text end

Sec. 16.

Minnesota Statutes 2010, section 150A.06, subdivision 1c, is amended to read:

Subd. 1c.

Specialty dentists.

(a) The board may grant a specialty license in the
specialty areas of dentistry that are recognized by the American Dental Association.

(b) An applicant for a specialty license shall:

(1) have successfully completed a postdoctoral specialty education program
accredited by the Commission on Dental Accreditation of the American Dental
Association, or have announced a limitation of practice before 1967;

(2) have been certified by a specialty examining board approved by the Minnesota
Board of Dentistry, or provide evidence of having passed a clinical examination for
licensure required for practice in any state or Canadian province, or in the case of oral and
maxillofacial surgeons only, have a Minnesota medical license in good standing;

(3) have been in active practice or a postdoctoral specialty education program or
United States government service at least 2,000 hours in the 36 months prior to applying
for a specialty license;

(4) if requested by the board, be interviewed by a committee of the board, which
may include the assistance of specialists in the evaluation process, and satisfactorily
respond to questions designed to determine the applicant's knowledge of dental subjects
and ability to practice;

(5) if requested by the board, present complete records on a sample of patients
treated by the applicant. The sample must be drawn from patients treated by the applicant
during the 36 months preceding the date of application. The number of records shall be
established by the board. The records shall be reasonably representative of the treatment
typically provided by the applicant;

(6) at board discretion, pass a board-approved English proficiency test if English is
not the applicant's primary language;

(7) pass all components of the National deleted text begin Dental deleted text end Board new text begin Dental new text end Examinations;

(8) pass the Minnesota Board of Dentistry jurisprudence examination;

(9) abide by professional ethical conduct requirements; and

(10) meet all other requirements prescribed by the Board of Dentistry.

(c) The application must include:

(1) a completed application furnished by the board;

(2) at least two character references from two different dentists, one of whom must
be a dentist practicing in the same specialty area, and the other the director of the specialty
program attended;

(3) a licensed physician's statement attesting to the applicant's physical and mental
condition;

(4) a statement from a licensed ophthalmologist or optometrist attesting to the
applicant's visual acuity;

(5) a nonrefundable fee; and

(6) a notarized, unmounted passport-type photograph, three inches by three inches,
taken not more than six months before the date of application.

(d) A specialty dentist holding a specialty license is limited to practicing in the
dentist's designated specialty area. The scope of practice must be defined by each national
specialty board recognized by the American Dental Association.

(e) A specialty dentist holding a general dentist license is limited to practicing in the
dentist's designated specialty area if the dentist has announced a limitation of practice.
The scope of practice must be defined by each national specialty board recognized by
the American Dental Association.

(f) All specialty dentists who have fulfilled the specialty dentist requirements and
who intend to limit their practice to a particular specialty area may apply for a specialty
license.

Sec. 17.

Minnesota Statutes 2010, section 150A.06, subdivision 3, is amended to read:

Subd. 3.

Waiver of examination.

(a) All or any part of the examination for dentists
or dental hygienists, except that pertaining to the law of Minnesota relating to dentistry
and the rules of the board, may, at the discretion of the board, be waived for an applicant
who presents a certificate of deleted text begin qualification from deleted text end new text begin having passed all components of new text end the
National Board deleted text begin of deleted text end Dental deleted text begin Examiners deleted text end new text begin Examinations new text end or evidence of having maintained an
adequate scholastic standing as determined by the board, in dental school as to dentists, or
dental hygiene school as to dental hygienists.

(b) The board shall waive the clinical examination required for licensure for any
dentist applicant who is a graduate of a dental school accredited by the Commission
on Dental Accreditation of the American Dental Association, who has deleted text begin successfully
completed deleted text end new text begin passed new text end all components of the National deleted text begin Dental deleted text end Board deleted text begin Examination deleted text end new text begin Dental
Examinations new text end , and who has satisfactorily completed a Minnesota-based postdoctoral
general dentistry residency program (GPR) or an advanced education in general dentistry
(AEGD) program after January 1, 2004. The postdoctoral program must be accredited
by the Commission on Dental Accreditation of the American Dental Association, be of
at least one year's duration, and include an outcome assessment evaluation assessing
the resident's competence to practice dentistry. The board may require the applicant to
submit any information deemed necessary by the board to determine whether the waiver is
applicable. The board may waive the clinical examination for an applicant who meets the
requirements of this paragraph and has satisfactorily completed an accredited postdoctoral
general dentistry residency program located outside of Minnesota.

Sec. 18.

Minnesota Statutes 2010, section 150A.06, subdivision 4, is amended to read:

Subd. 4.

Licensure by credentials.

(a) Any dentist or dental hygienist may, upon
application and payment of a fee established by the board, apply for licensure based on
the applicant's performance record in lieu of passing an examination approved by the
board according to section 150A.03, subdivision 1, and be interviewed by the board to
determine if the applicant:

new text begin (1) has passed all components of the National Board Dental Examinations;
new text end

deleted text begin (1) deleted text end new text begin (2) new text end has been in active practice at least 2,000 hours within 36 months of the
application date, or passed a board-approved reentry program within 36 months of the
application date;

deleted text begin (2) deleted text end new text begin (3) new text end currently has a license in another state or Canadian province and is not subject
to any pending or final disciplinary action, or if not currently licensed, previously had a
license in another state or Canadian province in good standing that was not subject to any
final or pending disciplinary action at the time of surrender;

deleted text begin (3) deleted text end new text begin (4) new text end is of good moral character and abides by professional ethical conduct
requirements;

deleted text begin (4) deleted text end new text begin (5) new text end at board discretion, has passed a board-approved English proficiency test if
English is not the applicant's primary language; and

deleted text begin (5) deleted text end new text begin (6) new text end meets other credentialing requirements specified in board rule.

(b) An applicant who fulfills the conditions of this subdivision and demonstrates
the minimum knowledge in dental subjects required for licensure under subdivision 1 or
2 must be licensed to practice the applicant's profession.

(c) If the applicant does not demonstrate the minimum knowledge in dental subjects
required for licensure under subdivision 1 or 2, the application must be denied. When
denying a license, the board may notify the applicant of any specific remedy that the
applicant could take which, when passed, would qualify the applicant for licensure. A
denial does not prohibit the applicant from applying for licensure under subdivision 1 or 2.

(d) A candidate whose application has been denied may appeal the decision to the
board according to subdivision 4a.

Sec. 19.

Minnesota Statutes 2010, section 150A.06, subdivision 6, is amended to read:

Subd. 6.

Display of name and certificates.

new text begin (a) new text end The initial license and subsequent
renewal deleted text begin , or current registration deleted text end certificate deleted text begin , deleted text end of every dentist, deleted text begin a deleted text end dental therapist, dental
hygienist, or dental assistant shall be conspicuously displayed in every office in which that
person practices, in plain sight of patients. new text begin When available from the board, the board shall
allow the display of a wallet-sized initial license and wallet-sized subsequent renewal
certificate only at nonprimary practice locations instead of displaying an original-sized
initial license and subsequent renewal certificate.
new text end

new text begin (b) new text end Near or on the entrance door to every office where dentistry is practiced, the
name of each dentist practicing there, as inscribed on the current license certificate, shall
be displayed in plain sight.

Sec. 20.

Minnesota Statutes 2010, section 150A.09, subdivision 3, is amended to read:

Subd. 3.

Current address, change of address.

Every dentist, dental therapist,
dental hygienist, and dental assistant shall maintain with the board a correct and current
mailing address new text begin and electronic mail address new text end . For dentists engaged in the practice of
dentistry, the new text begin postal new text end address shall be that of the location of the primary dental practice.
Within 30 days after changing new text begin postal or electronic mail new text end addresses, every dentist, dental
therapist, dental hygienist, and dental assistant shall provide the board written notice of
the new address either personally or by first class mail.

Sec. 21.

Minnesota Statutes 2010, section 150A.105, subdivision 7, is amended to read:

Subd. 7.

Use of dental assistants.

(a) A licensed dental therapist may supervise
dental assistants to the extent permitted in the collaborative management agreement and
according to section 150A.10, subdivision 2.

(b) Notwithstanding paragraph (a), a licensed dental therapist is limited to
supervising no more than four deleted text begin registered deleted text end new text begin licensed new text end dental assistants or deleted text begin nonregistered deleted text end new text begin
nonlicensed new text end dental assistants at any one practice setting.

Sec. 22.

Minnesota Statutes 2010, section 150A.106, subdivision 1, is amended to read:

Subdivision 1.

General.

In order to be certified by the board to practice as an
advanced dental therapist, a person must:

(1) complete a dental therapy education program;

(2) pass an examination to demonstrate competency under the dental therapy scope
of practice;

(3) be licensed as a dental therapist;

(4) complete 2,000 hours of dental therapy clinical practice under direct or indirect
supervision;

(5) graduate from a master's advanced dental therapy education program;

(6) pass a board-approved certification examination to demonstrate competency
under the advanced scope of practice; and

(7) submit an application new text begin and fee new text end for certification as prescribed by the board.

Sec. 23.

Minnesota Statutes 2010, section 150A.14, is amended to read:

150A.14 IMMUNITY.

Subdivision 1.

Reporting immunity.

A person, health care facility, business, or
organization is immune from civil liability or criminal prosecution for submitting a report
in good faith to the board under section 150A.13, or for cooperating with an investigation
of a report or with staff of the board new text begin relative to violations or alleged violations of section
150A.08 new text end . Reports are confidential data on individuals under section 13.02, subdivision 3,
and are privileged communications.

Subd. 2.

deleted text begin Program deleted text end new text begin Investigation new text end immunity.

new text begin (a) new text end Members of the board, persons
employed by the board, and board consultants new text begin retained by the board new text end are immune from
civil liability and criminal prosecution for any actions, transactions, or publications in
the execution of, or relating to, their duties under deleted text begin section 150A.13 deleted text end new text begin sections 150A.02 to
150A.21, 214.10, and 214.103 new text end .

new text begin (b) For purposes of this section, a member of the board or a consultant described in
paragraph (a) is considered a state employee under section 3.736, subdivision 9.
new text end

Sec. 24.

Minnesota Statutes 2010, section 214.09, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Health-related boards. new text end

new text begin No current member of a health-related licensing
board may seek a paid employment position with that board.
new text end

Sec. 25.

Minnesota Statutes 2010, section 214.103, is amended to read:

214.103 HEALTH-RELATED LICENSING BOARDS; COMPLAINT,
INVESTIGATION, AND HEARING.

Subdivision 1.

Application.

For purposes of this section, "board" means
"health-related licensing board" and does not include the non-health-related licensing
boards. Nothing in this section supersedes section 214.10, subdivisions 2a, 3, 8, and 9, as
they apply to the health-related licensing boards.

new text begin Subd. 1a. new text end

new text begin Notifications and resolution. new text end

new text begin (a) No more than 14 calendar days after
receiving a complaint regarding a licensee, the board shall notify the complainant that
the board has received the complaint and shall provide the complainant with the written
description of the board's complaint process. The board shall periodically, but no less
than every 120 days, notify the complainant of the status of the complaint consistent
with section 13.41.
new text end

new text begin (b) Except as provided in paragraph (d), no more than 60 calendar days after
receiving a complaint regarding a licensee, the board must notify the licensee that the
board has received a complaint and inform the licensee of:
new text end

new text begin (1) the substance of the complaint;
new text end

new text begin (2) the sections of the law that have allegedly been violated;
new text end

new text begin (3) the sections of the professional rules that have allegedly been violated; and
new text end

new text begin (4) whether an investigation is being conducted.
new text end

new text begin (c) The board shall periodically, but not less than every 120 days, notify the licensee
of the status of the complaint consistent with section 13.41.
new text end

new text begin (d) Paragraphs (b) and (c) do not apply if the board determines that the notice
would compromise the board's investigation and that the notice cannot reasonably be
accomplished within this time.
new text end

new text begin (e) No more than one year after receiving a complaint regarding a licensee, the
board must resolve or dismiss the complaint unless the board determines that resolving or
dismissing the complaint cannot reasonably be accomplished in this time and is not in
the public interest.
new text end

new text begin (f) Failure to make notifications or to resolve the complaint within the time
established in this subdivision shall not deprive the board of jurisdiction to complete the
investigation or to take corrective, disciplinary, or other action against the licensee that is
authorized by law. Such a failure by the board shall not be the basis for a licensee's request
for the board to dismiss a complaint, and shall not be considered by an administrative law
judge, the board, or any reviewing court.
new text end

Subd. 2.

Receipt of complaint.

The boards shall receive and resolve complaints
or other communications, whether oral or written, against regulated persons. Before
resolving an oral complaint, the executive director or a board member designated by the
board to review complaints deleted text begin may deleted text end new text begin shall new text end require the complainant to state the complaint in
writing new text begin or authorize transcribing the complaint new text end . The executive director or the designated
board member shall determine whether the complaint alleges or implies a violation of
a statute or rule which the board is empowered to enforce. The executive director or
the designated board member may consult with the designee of the attorney general as
to a board's jurisdiction over a complaint. If the executive director or the designated
board member determines that it is necessary, the executive director may seek additional
information to determine whether the complaint is jurisdictional or to clarify the nature
of the allegations by obtaining records or other written material, obtaining a handwriting
sample from the regulated person, clarifying the alleged facts with the complainant, and
requesting a written response from the subject of the complaint.

Subd. 3.

Referral to other agencies.

The executive director shall forward to
another governmental agency any complaints received by the board which do not relate
to the board's jurisdiction but which relate to matters within the jurisdiction of another
governmental agency. The agency shall advise the executive director of the disposition
of the complaint. A complaint or other information received by another governmental
agency relating to a statute or rule which a board is empowered to enforce must be
forwarded to the executive director of the board to be processed in accordance with this
section. new text begin Governmental agencies may coordinate and conduct joint investigations of
complaints that involve more than one governmental agency.
new text end

Subd. 4.

Role of the attorney general.

The executive director or the designated
board member shall forward a complaint and any additional information to the designee
of the attorney general when the executive director or the designated board member
determines that a complaint is jurisdictional and:

(1) requires investigation before the executive director or the designated board
member may resolve the complaint;

(2) that attempts at resolution for disciplinary action or the initiation of a contested
case hearing is appropriate;

(3) that an agreement for corrective action is warranted; or

(4) that the complaint should be dismissed, consistent with subdivision 8.

Subd. 5.

Investigation by attorney general.

new text begin (a) new text end If the executive director or the
designated board member determines that investigation is necessary before resolving
the complaint, the executive director shall forward the complaint and any additional
information to the designee of the attorney general. The designee of the attorney general
shall evaluate the communications forwarded and investigate as appropriate.

new text begin (b) new text end The designee of the attorney general may also investigate any other complaint
forwarded under subdivision 3 when the designee of the attorney general determines that
investigation is necessary.

new text begin (c) new text end In the process of evaluation and investigation, the designee shall consult with
or seek the assistance of the executive director or the designated board member. The
designee may also consult with or seek the assistance of other qualified persons who are
not members of the board who the designee believes will materially aid in the process of
evaluation or investigation.

new text begin (d) new text end Upon completion of the investigation, the designee shall forward the investigative
report to the executive director new text begin with recommendations for further consideration or
dismissal new text end .

Subd. 6.

Attempts at resolution.

(a) At any time after receipt of a complaint, the
executive director or the designated board member may attempt to resolve the complaint
with the regulated person. The available means for resolution include a conference or
any other written or oral communication with the regulated person. A conference may
be held for the purposes of investigation, negotiation, education, or conciliation. new text begin Neither
the executive director nor any member of a board's staff shall be a voting member in any
attempts at resolutions which may result in disciplinary or corrective action. new text end The results
of attempts at resolution with the regulated person may include a recommendation to
the board for disciplinary action, an agreement between the executive director or the
designated board member and the regulated person for corrective action, or the dismissal
of a complaint. If attempts at resolution are not in the public interest deleted text begin or are not satisfactory
to the executive director or the designated board member deleted text end , deleted text begin then the executive director or
the designated board member may initiate deleted text end a contested case hearing new text begin may be initiated new text end .

(1) The designee of the attorney general shall represent the board in all attempts at
resolution which the executive director or the designated board member anticipate may
result in disciplinary action. A stipulation between the executive director or the designated
board member and the regulated person shall be presented to the board for the board's
consideration. An approved stipulation and resulting order shall become public data.

(2) The designee of the attorney general shall represent the board upon the request of
the executive director or the designated board member in all attempts at resolution which
the executive director or the designated board member anticipate may result in corrective
action. Any agreement between the executive director or the designated board member
and the regulated person for corrective action shall be in writing and shall be reviewed by
the designee of the attorney general prior to its execution. The agreement for corrective
action shall provide for dismissal of the complaint upon successful completion by the
regulated person of the corrective action.

(b) Upon receipt of a complaint alleging sexual contact or sexual conduct with a
client, the board must forward the complaint to the designee of the attorney general for
an investigation. If, after it is investigated, the complaint appears to provide a basis for
disciplinary action, the board shall resolve the complaint by disciplinary action or initiate
a contested case hearing. Notwithstanding paragraph (a), clause (2), a board may not take
corrective action or dismiss a complaint alleging sexual contact or sexual conduct with a
client unless, in the opinion of the executive director, the designated board member, and the
designee of the attorney general, there is insufficient evidence to justify disciplinary action.

Subd. 7.

Contested case hearing.

If the executive director or the designated board
member determines that attempts at resolution of a complaint are not in the public interest
deleted text begin or are not satisfactory to the executive director or the designated board member deleted text end , the
executive director or the designated board member, after consultation with the designee
of the attorney general, new text begin and the concurrence of a second board member, new text end may initiate a
contested case hearing under chapter 14. The designated board member or any board
member who was consulted during the course of an investigation may participate at the
contested case hearing. A designated or consulted board member may not deliberate or
vote in any proceeding before the board pertaining to the case.

Subd. 8.

Dismissal new text begin and reopening new text end of a complaint.

new text begin (a) new text end A complaint may not be
dismissed without the concurrence of at least two board members and, upon the request
of the complainant, a review by a representative of the attorney general's office. The
designee of the attorney general must review before dismissal any complaints which
allege any violation of chapter 609, any conduct which would be required to be reported
under section 626.556 or 626.557, any sexual contact or sexual conduct with a client,
any violation of a federal law, any actual or potential inability to practice the regulated
profession or occupation by reason of illness, use of alcohol, drugs, chemicals, or any other
materials, or as a result of any mental or physical condition, any violation of state medical
assistance laws, or any disciplinary action related to credentialing in another jurisdiction
or country which was based on the same or related conduct specified in this subdivision.

new text begin (b) The board may reopen a dismissed complaint if the board receives newly
discovered information that was not available to the board during the initial investigation
of the complaint, or if the board receives a new complaint that indicates a pattern of
behavior or conduct.
new text end

Subd. 9.

Information to complainant.

A board shall furnish to a person who made
a complaint a written description of the board's complaint process, and actions of the
board relating to the complaint.

Subd. 10.

Prohibited participation by board member.

A board member who
has actual bias or a current or former direct financial or professional connection with a
regulated person may not vote in board actions relating to the regulated person.

Sec. 26.

new text begin [214.107] CONVICTION OF FELONY-LEVEL CRIMINAL SEXUAL
CONDUCT OFFENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to the health-related licensing
boards, as defined in section 214.01, subdivision 2, except the Board of Medical Practice
and the Board of Chiropractic Examiners, and also applies to the Board of Barber
Examiners, the Board of Cosmetologist Examiners, and professions credentialed by the
Minnesota Department of Health: (1) speech-language pathologists and audiologists; (2)
hearing instrument dispensers; and (3) occupational therapists and occupational therapy
assistants.
new text end

new text begin Subd. 2. new text end

new text begin Issuing and renewing credential to practice. new text end

new text begin (a) Except as provided in
paragraph (f), a credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted on or after August 1, 2011, of
any of the provisions of section 609.342, subdivision 1; 609.343, subdivision 1; 609.344,
subdivision 1, clauses (c) to (o); or 609.345, subdivision 1, clauses (b) to (o).
new text end

new text begin (b) A credentialing authority listed in subdivision 1 shall not issue or renew a
credential to practice to any person who has been convicted in any other state or country on
or after August 1, 2011, of an offense where the elements of the offense are substantially
similar to any of the offenses listed in paragraph (a).
new text end

new text begin (c) A credential to practice is automatically revoked if the credentialed person is
convicted of an offense listed in paragraph (a).
new text end

new text begin (d) A credential to practice that has been denied or revoked under this section is
not subject to chapter 364.
new text end

new text begin (e) For purposes of this section, "conviction" means a plea of guilty, a verdict of
guilty by a jury, or a finding of guilty by the court, unless the court stays imposition or
execution of the sentence and final disposition of the case is accomplished at a nonfelony
level.
new text end

new text begin (f) A credentialing authority listed in subdivision 1 may establish criteria whereby
an individual convicted of an offense listed in paragraph (a) may become credentialed
provided that the criteria:
new text end

new text begin (1) utilize a rebuttable presumption that the applicant is not suitable for credentialing;
new text end

new text begin (2) provide a standard for overcoming the presumption; and
new text end

new text begin (3) require that a minimum of ten years has elapsed since the applicant was released
from any incarceration or supervisory jurisdiction related to the offense.
new text end

new text begin A credentialing authority listed in subdivision 1 shall not consider an application under
this paragraph if the board determines that the victim involved in the offense was a patient
or a client of the applicant at the time of the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for credentials issued or renewed on
or after August 1, 2011.
new text end

Sec. 27.

new text begin [214.108] HEALTH-RELATED LICENSING BOARDS; LICENSEE
GUIDANCE.
new text end

new text begin A health-related licensing board may offer guidance to current licensees about the
application of laws and rules the board is empowered to enforce. This guidance shall not
bind any court or other adjudicatory body.
new text end

Sec. 28.

Minnesota Statutes 2010, section 364.09, is amended to read:

364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to eligibility
for school bus driver endorsements; to eligibility for special transportation service
endorsements; to eligibility for a commercial driver training instructor license, which is
governed by section 171.35 and rules adopted under that section; to emergency medical
services personnel, or to the licensing by political subdivisions of taxicab drivers, if the
applicant for the license has been discharged from sentence for a conviction within the ten
years immediately preceding application of a violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section 148.10, subdivision 7.

new text begin (f) This chapter does not apply to any person who has been denied a credential to
practice or whose credential to practice has been revoked by a credentialing authority
according to section 214.107, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for credentials issued or renewed on
or after August 1, 2011.
new text end

Sec. 29.

Laws 2010, chapter 349, section 1, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for deleted text begin new deleted text end licenses issued new text begin or renewed
new text end on or after August 1, 2010.

Sec. 30.

Laws 2010, chapter 349, section 2, the effective date, is amended to read:

EFFECTIVE DATE.

This section is effective for deleted text begin new deleted text end licenses issued new text begin or renewed new text end
on or after August 1, 2010.

Sec. 31. new text begin WORKING GROUP; PSYCHIATRIC MEDICATIONS.
new text end

new text begin (a) The commissioner of health shall convene a working group composed of the
executive directors of the Boards of Medical Practice, Psychology, Social Work, Nursing,
and Behavioral Health and Therapy and one representative from each professional
association to make recommendations on the feasibility of developing collaborative
agreements between psychiatrists and psychologists, social workers, and licensed
professional clinical counselors for administration and management of psychiatric
medications.
new text end

new text begin (b) The executive directors shall take the lead in setting the agenda, convening
subsequent meetings, and presenting a written report to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services.
The report and recommendations for legislation shall be submitted no later than January
1, 2012.
new text end

new text begin (c) The working group is not subject to Minnesota Statutes, section 15.059.
new text end

Sec. 32. new text begin REPORT.
new text end

new text begin (a) The executive directors of the health-related licensing boards shall issue a report
to the legislature with recommendations for use of nondisciplinary cease and desist letters
that can be issued to licensees when the board receives an allegation against a licensee, but
the allegation does not rise to the level of a complaint, does not involve patient harm, and
does not involve fraud. The report shall be issued no later than December 15, 2011.
new text end

new text begin (b) The executive directors of the health-related licensing boards shall issue a report
to the legislature with recommendations for taking administrative action against licensees
whose records do not meet the standards of professional practice, but do not create a risk
of client harm or constitute false or fraudulent information. The report shall be issued
no later than December 15, 2011.
new text end

Sec. 33. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each practice act regulated by a credentialing authority listed in section 26, the
revisor shall insert the following as either a new section or new subdivision:
new text end

new text begin Applicants for a credential to practice and individuals renewing a credential to
practice are subject to the provisions of the conviction of felony-level criminal sexual
conduct offenses in section 26.
new text end

ARTICLE 4

PAIN-CAPABLE UNBORN CHILD PROTECTION

Section 1. new text begin SHORT TITLE.
new text end

new text begin This act may be cited as the "Pain-Capable Unborn Child Protection Act."
new text end

Sec. 2.

new text begin [8.40] LITIGATION DEFENSE FUND.
new text end

new text begin (a) There is created a special revenue fund known as the Pain-Capable Unborn Child
Protection Act litigation fund for the purpose of providing funds to pay for any costs and
expenses incurred by the state attorney general in relation to actions surrounding defense
of sections 145.4141 to 145.4148.
new text end

new text begin (b) The fund shall be maintained by the state Office of Management and Budget.
new text end

new text begin (c) The litigation fund shall consist of:
new text end

new text begin (1) appropriations made to the account by the legislature; and
new text end

new text begin (2) any donations, gifts, or grants made to the account by private citizens or entities.
new text end

new text begin (d) The litigation fund shall retain the interest income derived from the money
credited to the fund.
new text end

Sec. 3.

Minnesota Statutes 2010, section 145.4131, subdivision 1, is amended to read:

Subdivision 1.

Forms.

(a) Within 90 days of July 1, 1998, the commissioner shall
prepare a reporting form for use by physicians or facilities performing abortions. A copy
of this section shall be attached to the form. A physician or facility performing an abortion
shall obtain a form from the commissioner.

(b) The form shall require the following information:

(1) the number of abortions performed by the physician in the previous calendar
year, reported by month;

(2) the method used for each abortion;

(3) the approximate gestational age expressed in one of the following increments:

(i) less than nine weeks;

(ii) nine to ten weeks;

(iii) 11 to 12 weeks;

(iv) 13 to 15 weeks;

(v) 16 to 20 weeks;

(vi) 21 to 24 weeks;

(vii) 25 to 30 weeks;

(viii) 31 to 36 weeks; or

(ix) 37 weeks to term;

(4) the age of the woman at the time the abortion was performed;

(5) the specific reason for the abortion, including, but not limited to, the following:

(i) the pregnancy was a result of rape;

(ii) the pregnancy was a result of incest;

(iii) economic reasons;

(iv) the woman does not want children at this time;

(v) the woman's emotional health is at stake;

(vi) the woman's physical health is at stake;

(vii) the woman will suffer substantial and irreversible impairment of a major bodily
function if the pregnancy continues;

(viii) the pregnancy resulted in fetal anomalies; or

(ix) unknown or the woman refused to answer;

(6) the number of prior induced abortions;

(7) the number of prior spontaneous abortions;

(8) whether the abortion was paid for by:

(i) private coverage;

(ii) public assistance health coverage; or

(iii) self-pay;

(9) whether coverage was under:

(i) a fee-for-service plan;

(ii) a capitated private plan; or

(iii) other;

(10) complications, if any, for each abortion and for the aftermath of each abortion.
Space for a description of any complications shall be available on the form; deleted text begin and
deleted text end

(11) the medical specialty of the physician performing the abortion deleted text begin . deleted text end new text begin ;
new text end

new text begin (12) whether a determination of probable postfertilization age was made and the
probable postfertilization age determined:
new text end

new text begin (i) the method used to make such a determination; or
new text end

new text begin (ii) if a determination was not made prior to performing an abortion, the basis of
the determination that a medical emergency existed; and
new text end

new text begin (13) for abortions performed after a determination of postfertilization age of 20 or
more weeks, the basis of the determination that the pregnant woman had a condition that
so complicated her medical condition as to necessitate the abortion of her pregnancy to
avert her death or to avert serious risk of substantial and irreversible physical impairment
of a major bodily function, not including psychological or emotional conditions.
new text end

Sec. 4.

new text begin [145.4141] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 145.4141 to 145.4148, the following
terms have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Abortion. new text end

new text begin "Abortion" means the use or prescription of any instrument,
medicine, drug, or any other substance or device to terminate the pregnancy of a woman
known to be pregnant with an intention other than to increase the probability of a live
birth, to preserve the life or health of the child after live birth, or to remove a dead unborn
child who died as the result of natural causes in utero, accidental trauma, or a criminal
assault on the pregnant woman or her unborn child, and which causes the premature
termination of the pregnancy.
new text end

new text begin Subd. 3. new text end

new text begin Attempt to perform or induce an abortion. new text end

new text begin "Attempt to perform or
induce an abortion" means an act, or an omission of a statutorily required act, that, under
the circumstances as the actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in the performance or induction of an abortion in
this state in violation of sections 145.4141 to 145.4148.
new text end

new text begin Subd. 4. new text end

new text begin Fertilization. new text end

new text begin "Fertilization" means the fusion of a human spermatozoon
with a human ovum.
new text end

new text begin Subd. 5. new text end

new text begin Medical emergency. new text end

new text begin "Medical emergency" means a condition that,
in reasonable medical judgment, so complicates the medical condition of the pregnant
woman that it necessitates the immediate abortion of her pregnancy without first
determining postfertilization age to avert her death or for which the delay necessary to
determine postfertilization age will create serious risk of substantial and irreversible
physical impairment of a major bodily function not including psychological or emotional
conditions. No condition shall be deemed a medical emergency if based on a claim or
diagnosis that the woman will engage in conduct which she intends to result in her death
or in substantial and irreversible physical impairment of a major bodily function.
new text end

new text begin Subd. 6. new text end

new text begin Physician. new text end

new text begin "Physician" means any person licensed to practice medicine
and surgery or osteopathic medicine and surgery in this state.
new text end

new text begin Subd. 7. new text end

new text begin Postfertilization age. new text end

new text begin "Postfertilization age" means the age of the unborn
child as calculated from the fusion of a human spermatozoon with a human ovum.
new text end

new text begin Subd. 8. new text end

new text begin Probable postfertilization age of the unborn child. new text end

new text begin "Probable
postfertilization age of the unborn child" means what, in reasonable medical judgment,
will with reasonable probability be the postfertilization age of the unborn child at the time
the abortion is planned to be performed or induced.
new text end

new text begin Subd. 9. new text end

new text begin Reasonable medical judgment. new text end

new text begin "Reasonable medical judgment" means a
medical judgment that would be made by a reasonably prudent physician knowledgeable
about the case and the treatment possibilities with respect to the medical conditions
involved.
new text end

new text begin Subd. 10. new text end

new text begin Unborn child or fetus. new text end

new text begin "Unborn child" or "fetus" means an individual
organism of the species homo sapiens from fertilization until live birth.
new text end

new text begin Subd. 11. new text end

new text begin Woman. new text end

new text begin "Woman" means a female human being whether or not she
has reached the age of majority.
new text end

Sec. 5.

new text begin [145.4142] LEGISLATIVE FINDINGS.
new text end

new text begin (a) The legislature makes the following findings.
new text end

new text begin (b) Pain receptors (nociceptors) are present throughout an unborn child's entire body
and nerves link these receptors to the brain's thalamus and subcortical plate by 20 weeks.
new text end

new text begin (c) By eight weeks after fertilization, an unborn child reacts to touch. After 20
weeks an unborn child reacts to stimuli that would be recognized as painful if applied to
an adult human, for example by recoiling.
new text end

new text begin (d) In the unborn child, application of such painful stimuli is associated with
significant increases in stress hormones known as the stress response.
new text end

new text begin (e) Subjection to such painful stimuli is associated with long-term harmful
neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional,
behavioral, and learning disabilities later in life.
new text end

new text begin (f) For the purposes of surgery on an unborn child, fetal anesthesia is routinely
administered and is associated with a decrease in stress hormones compared to the level
when painful stimuli is applied without anesthesia.
new text end

new text begin (g) The position, asserted by some medical experts, that an unborn child is incapable
of experiencing pain until a point later in pregnancy than 20 weeks after fertilization
predominately rests on the assumption that the ability to experience pain depends on the
cerebral cortex and requires nerve connections between the thalamus and the cortex.
However, recent medical research and analysis, especially since 2007, provides strong
evidence for the conclusion that a functioning cortex is not necessary to experience pain.
new text end

new text begin (h) Substantial evidence indicates that children born missing the bulk of the cerebral
cortex, those with hydranencephaly, nevertheless experience pain.
new text end

new text begin (i) In adults, stimulation or ablation of the cerebral cortex does not alter pain
perception, while stimulation or ablation of the thalamus does.
new text end

new text begin (j) Substantial evidence indicates that structures used for pain processing in early
development differ from those of adults, using different neural elements available at
specific times during development, such as the subcortical plate, to fulfill the role of
pain processing.
new text end

new text begin (k) The position asserted by some medical experts, that the unborn child remains in a
coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with
the documented reaction of unborn children to painful stimuli and with the experience of
fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to
prevent the unborn child from thrashing about in reaction to invasive surgery.
new text end

new text begin (l) Consequently, there is substantial medical evidence that an unborn child is
capable of experiencing pain by 20 weeks after fertilization.
new text end

new text begin (m) It is the purpose of the state to assert a compelling state interest in protecting the
lives of unborn children from the stage at which substantial medical evidence indicates
that they are capable of feeling pain.
new text end

Sec. 6.

new text begin [145.4143] DETERMINATION OF GESTATIONAL AGE.
new text end

new text begin Subdivision 1. new text end

new text begin Determination of postfertilization age. new text end

new text begin Except in the case of a
medical emergency, no abortion shall be performed or induced or be attempted to be
performed or induced unless the physician performing or inducing it has first made a
determination of the probable postfertilization age of the unborn child or relied upon
such a determination made by another physician. In making such a determination, the
physician shall make those inquiries of the woman and perform or cause to be performed
those medical examinations and tests that a reasonably prudent physician, knowledgeable
about the case and the medical conditions involved, would consider necessary to perform
in making an accurate diagnosis with respect to postfertilization age.
new text end

new text begin Subd. 2. new text end

new text begin Unprofessional conduct. new text end

new text begin Failure by any physician to conform to any
requirement of this section constitutes unprofessional conduct under section 147.091,
paragraph (k).
new text end

Sec. 7.

new text begin [145.4144] ABORTION OF UNBORN CHILD OF 20 OR MORE WEEKS
GESTATIONAL AGE PROHIBITED; CAPABLE OF FEELING PAIN.
new text end

new text begin Subdivision 1. new text end

new text begin Abortion prohibition; exemption. new text end

new text begin No person shall perform or
induce or attempt to perform or induce an abortion upon a woman when it has been
determined, by the physician performing or inducing or attempting to perform or induce
the abortion, or by another physician upon whose determination that physician relies,
that the probable postfertilization age of the woman's unborn child is 20 or more weeks
unless, in reasonable medical judgment, she has a condition which so complicates her
medical condition as to necessitate the abortion of her pregnancy to avert her death or to
avert serious risk of substantial and irreversible physical impairment of a major bodily
function, not including psychological or emotional conditions. No such condition shall
be deemed to exist if it is based on a claim or diagnosis that the woman will engage in
conduct which she intends to result in her death or in substantial and irreversible physical
impairment of a major bodily function.
new text end

new text begin Subd. 2. new text end

new text begin When abortion not prohibited. new text end

new text begin When an abortion upon a woman whose
unborn child has been determined to have a probable postfertilization age of 20 or more
weeks is not prohibited by this section, the physician shall terminate the pregnancy in
the manner which, in reasonable medical judgment, provides the best opportunity for
the unborn child to survive unless, in reasonable medical judgment, termination of the
pregnancy in that manner would pose a greater risk either of the death of the pregnant
woman or of the substantial and irreversible physical impairment of a major bodily
function, not including psychological or emotional conditions, of the woman than would
other available methods. No such greater risk shall be deemed to exist if it is based on a
claim or diagnosis that the woman will engage in conduct which she intends to result in
her death or in substantial and irreversible physical impairment of a major bodily function.
new text end

Sec. 8.

new text begin [145.4145] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Criminal penalties. new text end

new text begin A person who intentionally or recklessly
performs or induces or attempts to perform or induce an abortion in violation of sections
145.4141 to 145.4148 shall be guilty of a felony. No penalty may be assessed against the
woman upon whom the abortion is performed or induced or attempted to be performed or
induced.
new text end

new text begin Subd. 2. new text end

new text begin Civil remedies. new text end

new text begin (a) A woman upon whom an abortion has been performed
or induced in violation of sections 145.4141 to 145.4148, or the father of the unborn child
who was the subject of such an abortion, may maintain an action against the person who
performed or induced the abortion in intentional or reckless violation of sections 145.4141
to 145.4148 for actual and punitive damages. A woman upon whom an abortion has been
attempted in violation of sections 145.4141 to 145.4148 may maintain an action against
the person who attempted to perform or induce the abortion in an intentional or reckless
violation of sections 145.4141 to 145.4148 for actual and punitive damages.
new text end

new text begin (b) A cause of action for injunctive relief against a person who has intentionally
violated sections 145.4141 to 145.4148 may be maintained by the woman upon whom an
abortion was performed or induced or attempted to be performed or induced in violation of
sections 145.4141 to 145.4148; by a person who is the father of the unborn child subject
to an abortion, parent, sibling, or guardian of, or a current or former licensed health
care provider of, the woman upon whom an abortion has been performed or induced or
attempted to be performed or induced in violation of sections 145.4141 to 145.4148; by a
county attorney with appropriate jurisdiction; or by the attorney general. The injunction
shall prevent the abortion provider from performing or inducing or attempting to perform
or induce further abortions in this state in violation of sections 145.4141 to 145.4148.
new text end

new text begin (c) If judgment is rendered in favor of the plaintiff in an action described in this
section, the court shall also render judgment for reasonable attorney fees in favor of
the plaintiff against the defendant.
new text end

new text begin (d) If judgment is rendered in favor of the defendant and the court finds that the
plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment
for reasonable attorney fees in favor of the defendant against the plaintiff.
new text end

new text begin (e) No damages or attorney fees may be assessed against the woman upon whom
an abortion was performed or induced or attempted to be performed or induced except
according to paragraph (d).
new text end

Sec. 9.

new text begin [145.4146] PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
new text end

new text begin In every civil or criminal proceeding or action brought under the Pain-Capable
Unborn Child Protection Act, the court shall rule on whether the anonymity of a woman
upon whom an abortion has been performed or induced or attempted to be performed
or induced shall be preserved from public disclosure if she does not give her consent
to such disclosure. The court, upon motion or sua sponte, shall make such a ruling
and, upon determining that her anonymity should be preserved, shall issue orders to the
parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of
individuals from courtrooms or hearing rooms to the extent necessary to safeguard her
identity from public disclosure. Each such order shall be accompanied by specific written
findings explaining why the anonymity of the woman should be preserved from public
disclosure, why the order is essential to that end, how the order is narrowly tailored to
serve that interest, and why no reasonable, less restrictive alternative exists. In the absence
of written consent of the woman upon whom an abortion has been performed or induced
or attempted to be performed or induced, anyone, other than a public official, who brings
an action under section 145.4145, subdivision 2, shall do so under a pseudonym. This
section may not be construed to conceal the identity of the plaintiff or of witnesses from
the defendant or from attorneys for the defendant.
new text end

Sec. 10.

new text begin [145.4147] SEVERABILITY.
new text end

new text begin If any one or more provisions, sections, subsections, sentences, clauses, phrases,
or words of sections 145.4141 to 145.4148, or the application thereof to any person or
circumstance is found to be unconstitutional, the same is hereby declared to be severable
and the balance of sections 145.4141 to 145.4148 shall remain effective notwithstanding
such unconstitutionality. The legislature hereby declares that it would have passed
sections 145.4141 to 145.4148, and each provision, section, subsection, sentence, clause,
phrase, or word thereof, irrespective of the fact that any one or more provisions, sections,
subsections, sentences, clauses, phrases, or words of sections 145.4141 to 145.4148, or the
application of sections 145.4141 to 145.4148, would be declared unconstitutional.
new text end

Sec. 11.

new text begin [145.4148] SUPREME COURT JURISDICTION.
new text end

new text begin The Minnesota Supreme Court has original jurisdiction over an action challenging
the constitutionality of sections 145.4141 to 145.4147 and shall expedite the resolution
of the action.
new text end