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HF 1710

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/15/2013 03:55pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to state government; modifying Environmental Quality Board provisions;
extending advisory committee; establishing health-related selection committee
and advisory council; providing for certain rulemaking and data collection;
amending Minnesota Statutes 2012, sections 116C.03, subdivisions 2, 4, 5;
144.966, subdivision 2; 144.98, by adding subdivisions; proposing coding for
new law in Minnesota Statutes, chapters 144A; 245.

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

Section 1.

Minnesota Statutes 2012, section 116C.03, subdivision 2, is amended to read:


Subd. 2.

Membership.

The members of the board are the deleted text begin director of the Office of
Strategic and Long-Range Planning
deleted text end new text begin commissioner of administrationnew text end , the commissioner
of commerce, the commissioner of the Pollution Control Agency, the commissioner
of natural resources, the commissioner of agriculture, the commissioner of health,
the commissioner of employment and economic development, the commissioner of
transportation, the chair of the Board of Water and Soil Resources, and a representative of
the governor's office designated by the governor. The governor shall appoint five members
from the general public to the board, subject to the advice and consent of the senate.
At least two of the five public members must have knowledge of and be conversant in
water management issues in the state. Notwithstanding the provisions of section 15.06,
subdivision 6
, members of the board may not delegate their powers and responsibilities as
board members to any other person.

Sec. 2.

Minnesota Statutes 2012, section 116C.03, subdivision 4, is amended to read:


Subd. 4.

Support.

Staff and consultant support for board activities shall be provided
by the deleted text begin Office of Strategic and Long-Range Planningdeleted text end new text begin Pollution Control Agencynew text end . This
support shall be provided based upon an annual budget and work program developed by
the board and certified to the commissioner by the chair of the board. The board shall
have the authority to request and require staff support from all other agencies of state
government as needed for the execution of the responsibilities of the board.

Sec. 3.

Minnesota Statutes 2012, section 116C.03, subdivision 5, is amended to read:


Subd. 5.

Administration.

The board shall contract with the deleted text begin Office of Strategic and
Long-Range Planning
deleted text end new text begin Pollution Control Agencynew text end for administrative services necessary to
the board's activities. The services shall include personnel, budget, payroll and contract
administration.

Sec. 4.

Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:


Subd. 2.

Newborn Hearing Screening Advisory Committee.

(a) The
commissioner of health shall establish a Newborn Hearing Screening Advisory Committee
to advise and assist the Department of Health and the Department of Education in:

(1) developing protocols and timelines for screening, rescreening, and diagnostic
audiological assessment and early medical, audiological, and educational intervention
services for children who are deaf or hard-of-hearing;

(2) designing protocols for tracking children from birth through age three that may
have passed newborn screening but are at risk for delayed or late onset of permanent
hearing loss;

(3) designing a technical assistance program to support facilities implementing the
screening program and facilities conducting rescreening and diagnostic audiological
assessment;

(4) designing implementation and evaluation of a system of follow-up and tracking;
and

(5) evaluating program outcomes to increase effectiveness and efficiency and ensure
culturally appropriate services for children with a confirmed hearing loss and their families.

(b) The commissioner of health shall appoint at least one member from each of the
following groups with no less than two of the members being deaf or hard-of-hearing:

(1) a representative from a consumer organization representing culturally deaf
persons;

(2) a parent with a child with hearing loss representing a parent organization;

(3) a consumer from an organization representing oral communication options;

(4) a consumer from an organization representing cued speech communication
options;

(5) an audiologist who has experience in evaluation and intervention of infants
and young children;

(6) a speech-language pathologist who has experience in evaluation and intervention
of infants and young children;

(7) two primary care providers who have experience in the care of infants and young
children, one of which shall be a pediatrician;

(8) a representative from the early hearing detection intervention teams;

(9) a representative from the Department of Education resource center for the deaf
and hard-of-hearing or the representative's designee;

(10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing
Minnesotans;

(11) a representative from the Department of Human Services Deaf and
Hard-of-Hearing Services Division;

(12) one or more of the Part C coordinators from the Department of Education, the
Department of Health, or the Department of Human Services or the department's designees;

(13) the Department of Health early hearing detection and intervention coordinators;

(14) two birth hospital representatives from one rural and one urban hospital;

(15) a pediatric geneticist;

(16) an otolaryngologist;

(17) a representative from the Newborn Screening Advisory Committee under
this subdivision; and

(18) a representative of the Department of Education regional low-incidence
facilitators.

The commissioner must complete the appointments required under this subdivision by
September 1, 2007.

(c) The Department of Health member shall chair the first meeting of the committee.
At the first meeting, the committee shall elect a chair from its membership. The committee
shall meet at the call of the chair, at least four times a year. The committee shall adopt
written bylaws to govern its activities. The Department of Health shall provide technical
and administrative support services as required by the committee. These services shall
include technical support from individuals qualified to administer infant hearing screening,
rescreening, and diagnostic audiological assessments.

Members of the committee shall receive no compensation for their service, but
shall be reimbursed as provided in section 15.059 for expenses incurred as a result of
their duties as members of the committee.

(d) This subdivision expires June 30, deleted text begin 2013deleted text end new text begin 2019new text end .

Sec. 5.

Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Establishing a selection committee. new text end

new text begin (a) The commissioner shall
establish a selection committee for the purpose of recommending approval of qualified
laboratory assessors and assessment bodies. Committee members shall demonstrate
competence in assessment practices. The committee shall initially consist of seven
members appointed by the commissioner as follows:
new text end

new text begin (1) one member from a municipal laboratory accredited by the commissioner;
new text end

new text begin (2) one member from an industrial treatment laboratory accredited by the
commissioner;
new text end

new text begin (3) one member from a commercial laboratory located in this state and accredited by
the commissioner;
new text end

new text begin (4) one member from a commercial laboratory located outside the state and
accredited by the commissioner;
new text end

new text begin (5) one member from a nongovernmental client of environmental laboratories;
new text end

new text begin (6) one member from a professional organization with a demonstrated interest in
environmental laboratory data and accreditation; and
new text end

new text begin (7) one employee of the laboratory accreditation program administered by the
department.
new text end

new text begin (b) Committee appointments begin on January 1 and end on December 31 of the
same year.
new text end

new text begin (c) The commissioner shall appoint persons to fill vacant committee positions,
expand the total number of appointed positions, or change the designated positions upon
the advice of the committee.
new text end

new text begin (d) The commissioner shall rescind the appointment of a selection committee
member for sufficient cause as the commissioner determines, such as:
new text end

new text begin (1) neglect of duty;
new text end

new text begin (2) failure to notify the commissioner of a real or perceived conflict of interest;
new text end

new text begin (3) nonconformance with committee procedures;
new text end

new text begin (4) failure to demonstrate competence in assessment practices; or
new text end

new text begin (5) official misconduct.
new text end

new text begin (e) Members of the selection committee shall be compensated according to the
provisions in section 15.059, subdivision 3.
new text end

Sec. 6.

Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision
to read:


new text begin Subd. 11. new text end

new text begin Activities of the selection committee. new text end

new text begin (a) The selection committee
will determine assessor and assessment body application requirements, the frequency
of application submittal, and the application review schedule. The commissioner shall
publish the application requirements and procedures on the accreditation program Web site.
new text end

new text begin (b) In its selection process, the committee shall ensure its application requirements
and review process:
new text end

new text begin (1) meet the standards implemented in subdivision 2a;
new text end

new text begin (2) ensure assessors have demonstrated competence in technical disciplines offered
for accreditation by the commissioner; and
new text end

new text begin (3) consider any history of repeated nonconformance or complaints regarding
assessors or assessment bodies.
new text end

new text begin (c) The selection committee shall consider an application received from qualified
applicants and shall supply a list of recommended assessors and assessment bodies to
the commissioner of health no later than 90 days after the commissioner notifies the
committee of the need for review of applications.
new text end

Sec. 7.

new text begin [144A.4799] DEPARTMENT OF HEALTH LICENSED HOME CARE
PROVIDER ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The commissioner of health shall appoint eight
persons to a home care provider advisory council consisting of the following:
new text end

new text begin (1) three public members as defined in section 214.02 who shall be either persons
who are currently receiving home care services or have family members receiving home
care services, or persons who have family members who have received home care services
within five years of the application date;
new text end

new text begin (2) three Minnesota home care licensees representing basic and comprehensive
levels of licensure who may be a managerial official, an administrator, a supervising
registered nurse, or an unlicensed personnel performing home care tasks;
new text end

new text begin (3) one member representing the Minnesota Board of Nursing; and
new text end

new text begin (4) one member representing the ombudsman for long-term care.
new text end

new text begin Subd. 2. new text end

new text begin Organizations and meetings. new text end

new text begin The advisory council shall be organized
and administered under section 15.059 with per diems and costs paid within the limits of
available appropriations. Meetings will be held quarterly and hosted by the department.
Subcommittees may be developed as necessary by the commissioner. Advisory council
meetings are subject to the Open Meeting Law under chapter 13D.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin At the commissioner's request, the advisory council shall provide
advice regarding regulations of Department of Health licensed home care providers in
this chapter such as:
new text end

new text begin (1) advice to the commissioner regarding community standards for home care
practices;
new text end

new text begin (2) advice to the commissioner on enforcement of licensing standards and whether
certain disciplinary actions are appropriate;
new text end

new text begin (3) advice to the commissioner about ways of distributing information to licensees
and consumers of home care;
new text end

new text begin (4) advice to the commissioner about training standards;
new text end

new text begin (5) identify emerging issues and opportunities in the home care field, including the
use of technology in home and telehealth capabilities; and
new text end

new text begin (6) perform other duties as directed by the commissioner.
new text end

Sec. 8.

new text begin [245.8251] POSITIVE SUPPORT STRATEGIES AND EMERGENCY
MANUAL RESTRAINT; LICENSED FACILITIES AND PROGRAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Rules. new text end

new text begin The commissioner of human services shall, within 24 months
of enactment of this section, adopt rules governing the use of positive support strategies,
safety interventions, and emergency use of manual restraint in facilities and services
licensed under chapter 245D.
new text end

new text begin Subd. 2. new text end

new text begin Data collection. new text end

new text begin (a) The commissioner shall, with stakeholder input,
develop data collection elements specific to incidents on the use of controlled procedures
with persons receiving services from providers regulated under Minnesota Rules, parts
9525.2700 to 9525.2810, and incidents involving persons receiving services from
providers identified to be licensed under chapter 245D effective January 1, 2014. Providers
shall report the data in a format and at a frequency provided by the commissioner of
human services.
new text end

new text begin (b) Beginning July 1, 2013, providers regulated under Minnesota Rules, parts
9525.2700 to 9525.2810, shall submit data regarding the use of all controlled procedures
in a format and at a frequency provided by the commissioner.
new text end

Sec. 9. new text begin RULEMAKING; INDUSTRIAL MINERALS AND NONFERROUS
MINERAL LEASES.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota
Rules, parts 6125.0100 to 6125.0700 and 6125.8000 to 6125.8700, to conform with the
changes to Minnesota Statutes, section 93.25, subdivision 2, contained in H.F. No. 976.
Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota
Statutes, section 14.388.
new text end

Sec. 10. new text begin RULEMAKING; PERMIT TO MINE.
new text end

new text begin The commissioner of natural resources may use the good cause exemption under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), to amend Minnesota Rules,
chapter 6130, to conform with the changes to Minnesota Statutes, section 93.46, contained
in H.F. No. 976. Minnesota Statutes, section 14.386, does not apply except as provided
under Minnesota Statutes, section 14.388.
new text end