Minnesota Legislature
HF 2241
1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 1st Committee Engrossment
1.2relating to appropriations; appropriating money for health and human services
1.3for certain programs and grants; appropriating money for various state agencies;
1.4changing certain health, human services, and safety-related provisions;amending
1.5Minnesota Statutes 2006, sections 13.3806, by adding a subdivision; 16B.61,
1.6by adding a subdivision; 103I.101, subdivision 6; 103I.208, subdivisions 1, 2;
1.7103I.235, subdivision 1; 144.123; 144.125; 144.2215, subdivision 1; 144.9502,
1.8subdivision 3; 144.9504, subdivision 2; 144.9507, by adding a subdivision;
1.9144.9512; 144E.101, subdivision 6; 144E.127; 144E.35, subdivision 1; 145A.17;
1.10156.001, by adding a subdivision; 156.02, subdivisions 1, 2; 156.04; 156.072,
1.11subdivision 2; 156.073; 156.12, subdivisions 2, 4, 6; 156.15, subdivision
1.122; 156.16, subdivisions 3, 10; 156.18, subdivisions 1, 2; 156.19; 198.075;
1.13256B.0625, subdivision 14, by adding a subdivision; 256K.45, by adding
1.14a subdivision; 462A.21, subdivision 8b; 462A.33, subdivision 3; 469.021;
1.15Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2;
1.16proposing coding for new law in Minnesota Statutes, chapters 144; 156; 325;
1.17325E; repealing Laws 2004, chapter 288, article 6, section 27.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.22 The amounts shown in this section summarize direct appropriations, by fund, made
1.23in this article.
2.1 The sums shown in the columns marked "Appropriations" are appropriated to the
2.2agencies and for the purposes specified in this article. The appropriations are from the
2.3general fund, or another named fund, and are available for the fiscal years indicated
2.4for each purpose. The figures "2008" and "2009" used in this article mean that the
2.5appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.6June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.7year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.8year ending June 30, 2007, are effective the day following final enactment.
2.19Of this amount, $750,000 the first year
2.20and $750,000 the second year are onetime
2.21appropriations from the state's federal TANF
2.22block grant under Title I of Public Law
2.23104-193. If the appropriation in either year
2.24is insufficient, the appropriation for the other
2.25year is available.
2.28Homeless and Runaway Youth. $3,500,000
2.29in the first year and $3,500,000 in the second
2.30year are for the Runaway and Homeless
2.31Youth Act under Minnesota Statutes, section
2.32256K.45. Funds shall be spent in each area
2.33of the continuum of care to ensure that
2.34programs are meeting the greatest need. The
2.35base is decreased by $2,000,000 each year in
2.36fiscal year 2010 and fiscal year 2011.
3.1Transitional Housing and Emergency
3.2Services.
3.3(1) $750,000 each year from the federal
3.4TANF fund is for transitional housing
3.5programs under Minnesota Statutes, section
3.6256E.33. The TANF appropriations
3.7are onetime. The general fund base for
3.8transitional housing is increased by $422,000
3.9each year for the fiscal 2010-2011 biennium.
3.10Up to ten percent of this appropriation may
3.11be used for housing and services which
3.12extend beyond 24 months. $300,000 in each
3.13year of this amount is for grants for safe
3.14housing pilot projects for battered women
3.15and families in Anoka County, Houston
3.16County, and Beltrami County; and
3.17(2) $527,000 each year is added to the
3.18base for emergency services grants under
3.19Laws 1997, chapter 162, article 3, section
3.207. The base for emergency services grants
3.21is decreased each year by $300,000 in fiscal
3.22year 2010 and fiscal year 2011.
3.23Foodshelf Programs. $575,000 each year
3.24is added to the base for foodshelf programs
3.25under Minnesota Statutes, section 256E.34.
3.26The base is decreased by $250,000 each year
3.27in fiscal year 2010 and fiscal year 2011.
3.28Long-term Homeless Services. $2,440,000
3.29each year is added to the base for the
3.30long-term homeless services under
3.31Minnesota Statutes, section 256K.26. The
3.32base is decreased by $1,000,000 each year in
3.33fiscal year 2010 and fiscal year 2011.
3.34Minnesota Community Action Grants.
3.35$1,500,000 each year is added to the base for
4.1the purposes of Minnesota community action
4.2grants under Minnesota Statutes, sections
4.3256E.30 to 256E.32. The base is reduced by
4.4$500,000 each year in fiscal year 2010 and
4.5fiscal year 2011.
4.6Tenant Hotline Services Program. $50,000
4.7each year is added to the base for a grant to
4.8HOME Line for the tenant hotline services
4.9program. This is a onetime appropriation.
4.12 Sec. 4. Minnesota Statutes 2006, section 256K.45, is amended by adding a subdivision
4.13to read:
4.14 Subd. 6. Funding. Any funds appropriated for this section may be expended
4.15on programs described under subdivisions 3 to 5, technical assistance, and capacity
4.16building. In addition, up to five percent of funds appropriated may be used for program
4.17administration and up to eight percent of funds appropriated may be used for the purpose
4.18of monitoring and evaluating runaway and homeless youth programs receiving funding
4.19under this section. Funding shall be directed to meet the greatest need, with a significant
4.20share of the funding focused on homeless youth providers in greater Minnesota.
4.21 Sec. 5. DIRECTION TO COMMISSIONER.
4.22 (a) The commissioner of human services shall offer a request for proposals to
4.23identify a research and evaluation firm with experience working with:
4.24 (1) homeless youth providers;
4.25 (2) data; and
4.26 (3) the topics of housing, homelessness, and a continuum of care for youth.
4.27 (b) The research and evaluation firm identified under paragraph (a) shall monitor and
4.28evaluate the programs receiving funding under Minnesota Statutes, section 256K.45.
4.32 The amounts shown in this section summarize direct appropriations, by fund, made
4.33in this article.
5.9 Sec. 2. DEPARTMENT OF HEALTH APPROPRIATIONS.
5.10 The sums shown in the columns marked "Appropriations" are appropriated to the
5.11agencies and for the purposes specified in this article. The appropriations are from the
5.12general fund, or another named fund, and are available for the fiscal years indicated
5.13for each purpose. The figures "2008" and "2009" used in this article mean that the
5.14appropriations listed under them are available for the fiscal year ending June 30, 2008, or
5.15June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
5.16year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
5.17year ending June 30, 2007, are effective the day following final enactment.
6.3TANF Appropriations. (a) $3,579,000 of
6.4the TANF funds is appropriated in each year
6.5of the biennium to the commissioner for
6.6home visiting and nutritional services listed
6.7under Minnesota Statutes, section 145.882,
6.8subdivision 7, clauses (6) and (7). Funding
6.9shall be distributed to community health
6.10boards based on Minnesota Statutes, section
6.11145A.131, subdivision 1.
6.12(b) $5,088,000 in the first year and $5,423,000
6.13in the second year are appropriated to the
6.14commissioner of health for the family home
6.15visiting grant program. The commissioner
6.16shall distribute funds to community health
6.17boards using a formula developed in
6.18conjunction with the state Community
6.19Health Services Advisory Committee. The
6.20commissioner may use five percent of the
6.21funds appropriated in each fiscal year to
6.22conduct the ongoing evaluations required
6.23under Minnesota Statutes, section 145A.17,
6.24subdivision 7, and may use ten percent of
6.25the funds appropriated each fiscal year to
6.26provide training and technical assistance as
6.27required under Minnesota Statutes, section
6.28145A.17, subdivisions 4 and 5.
6.29TANF Carryforward. Any unexpended
6.30balance of the TANF appropriation in the
6.31first year of the biennium does not cancel but
6.32is available for the second year.
6.33Loan Forgiveness. $605,000 the first year
6.34and $775,000 the second year and thereafter
6.35are for the loan forgiveness program under
7.1Minnesota Statutes, section 144.1501. This
7.2funding is in addition to the loan forgiveness
7.3program base.
7.4MN ENABL. Base level funding for the MN
7.5ENABL program, under Minnesota Statutes,
7.6section 145.9255, is reduced by $220,000
7.7each year of the biennium beginning July 1,
7.82007.
7.9Positive Alternatives. Base level funding for
7.10the positive abortion alternatives program,
7.11under Minnesota Statutes, section 145.4235,
7.12is reduced by $1,400,000 each year of the
7.13biennium beginning July 1, 2007.
7.14Fetal Alcohol Spectrum Disorder. (a)
7.15$900,000 each year is added to the base for
7.16fetal alcohol spectrum disorder. On July 1
7.17each fiscal year, the portion of the general
7.18fund appropriation to the commissioner of
7.19health for fetal alcohol spectrum disorder
7.20administration and grants shall be transferred
7.21to a statewide organization that focuses
7.22solely on prevention of and intervention with
7.23fetal alcohol spectrum disorder as follows:
7.24(1) on July 1, 2007, $2,090,000; and
7.25(2) on July 2, 2008, and annually thereafter,
7.26$2,090,000.
7.27(b) The money shall be used for prevention
7.28and intervention services and programs,
7.29including, but not limited to, community
7.30grants, professional education, public
7.31awareness, and diagnosis. The organization
7.32may retain $60,000 of the transferred money
7.33for administrative costs. The organization
7.34shall report to the commissioner annually
8.1by January 15 on the services and programs
8.2funded by the appropriation.
8.3Deaf or Hearing Loss Support. $100,000
8.4for the first year and $100,000 for the second
8.5year is for the purpose of providing family
8.6support and assistance to families with
8.7children who are deaf or have a hearing
8.8loss. The family support provided must
8.9include direct parent-to-parent assistance and
8.10information on communication, educational,
8.11and medical options. The commissioner
8.12may contract with a nonprofit organization
8.13that has the ability to provide these services
8.14throughout the state.
8.15Heart Disease and Stroke Prevention.
8.16$200,000 is appropriated in the first year for
8.17the heart disease and stroke prevention unit
8.18of the Department of Health to fund data
8.19collection and other activities to improve
8.20cardiovascular health and reduce the burden
8.21of heart disease and stroke in Minnesota.
8.22This is a onetime appropriation.
8.23Family Planning Grants. $1,000,000 each
8.24year is for family planning grants under
8.25Minnesota Statutes, section 145.925.
8.26Bright Smiles Pilot Project. (a) $384,000
8.27in the first year and $50,000 in the second
8.28year is to fund a grant for the Bright Smiles
8.29pilot project.
8.30(b) Of these amounts, $50,000 each year is to
8.31fund a dental health coordinator position.
8.32(c) The commissioner of health shall
8.33establish a pilot project to fund a Bright
8.34Smiles program designed to increase access
8.35to oral health care for low-income and
9.1immigrant children, ages birth to five
9.2years, and their families and to build the
9.3knowledge and ability of parents to care
9.4for the oral health of their children. Under
9.5this pilot project, a Bright Smiles program
9.6shall serve the medically underserved areas
9.7in Minneapolis and the Bemidji area, as
9.8determined by the commissioner of health.
9.9(d) A grant shall be used to fund costs related
9.10to improving oral health outreach, education,
9.11screening, and access to care for families
9.12with children, ages birth to five years.
9.13(e) Grant applicants shall submit to
9.14the commissioner a written plan that
9.15demonstrates the ability to provide the
9.16following:
9.17(1) new programs or continued expansion
9.18of current access programs that have
9.19demonstrated success in providing dental
9.20services in underserved areas of Minneapolis
9.21and the Bemidji area;
9.22(2) programs for screening children entering
9.23the Minneapolis and the Bemidji area public
9.24school systems and facilitating access to care
9.25for their families;
9.26(3) programs testing new models of care
9.27that are sensitive to cultural needs of the
9.28recipients;
9.29(4) programs creating new educational
9.30campaigns that inform individuals of the
9.31importance of good oral health and the
9.32link between dental diseases, overall health
9.33status, and success in school; and
10.1(5) programs testing new delivery models
10.2by creating partnerships between local early
10.3childhood and school-age education and
10.4community clinic dental providers.
10.5(f) Qualified applicants are partnerships
10.6among early childhood experts, Minneapolis
10.7or Bemidji area public schools, and nonprofit
10.8clinics that are established to provide health
10.9services to low-income patients, provide
10.10preventive and dental care services, and
10.11utilize a sliding-scale fee or other method of
10.12providing charity care that ensures that no
10.13person is denied services because of inability
10.14to pay.
10.15(g) Applicants shall submit to the
10.16commissioner an application and supporting
10.17documentation, in the form and manner
10.18specified by the commissioner. Applicants
10.19must be able to provide culturally appropriate
10.20outreach, screenings, and access to dental
10.21care for children, ages birth to five years,
10.22their parents, and pregnant women most at
10.23risk of poor oral health due to lack of access
10.24to dental care. Applicants must also meet the
10.25following criteria:
10.26(1) have the potential to successfully increase
10.27access to families with children, ages birth
10.28to five years;
10.29(2) incorporate quality program evaluation;
10.30(3) maximize use of grant funds; and
10.31(4) have experience in providing services to
10.32the target populations of this program.
10.33(h) The commissioner shall evaluate the
10.34effectiveness of this pilot program on the
11.1oral health of children and their families and
11.2report to the house of representatives and
11.3senate committees with jurisdiction over
11.4public health policy and finance by January
11.51, 2009, with recommendations as to how to
11.6develop programs throughout Minnesota that
11.7provide education and access to oral health
11.8care for low-income and immigrant children.
11.9Suicide prevention programs. $600,000
11.10each year is to fund the suicide prevention
11.11program and to administer the grants for
11.12institutions of higher education in the state
11.13of Minnesota to coordinate implementation
11.14of youth suicide early intervention and
11.15prevention strategies. The base for fiscal
11.16years 2010 and 2011 is reduced by $300,000.
11.28Pandemic Influenza Preparedness. Of
11.29the general fund appropriation to the
11.30commissioner, $4,088,000 in fiscal year 2008
11.31is for preparation, planning, and response
11.32to a pandemic influenza outbreak. This
11.33appropriation is available until June 30, 2009.
11.34Base funding for the 2010-2011 biennium is
11.35$0 each fiscal year.
12.1Environmental Health Tracking and
12.2Biomonitoring. (a) $700,000 in each
12.3year is to the Department of Health for
12.4the environmental health tracking and
12.5biomonitoring program. The base for fiscal
12.6year 2010 and fiscal year 2011 is increased
12.7by $300,000 each year.
12.8(b) $300,000 each year is from the
12.9environmental fund to the Pollution Control
12.10Agency for transfer to the Department
12.11of Health for the health tracking and
12.12biomonitoring program. The base for the
12.13environmental fund is $0 in fiscal year 2010
12.14and after.
12.15AIDS Prevention Initiative Focusing
12.16on African-born Residents. $300,000 in
12.172008 is for an AIDS prevention initiative
12.18focusing on African-born residents. This
12.19appropriation is a onetime appropriation
12.20and shall not become part of the base-level
12.21funding for the 2008-2009 biennium.
12.22The commissioner of health shall award
12.23grants in accordance with Minnesota Statutes,
12.24section145.924 , paragraph (b), for a public
12.25education and awareness campaign targeting
12.26communities of African-born Minnesota
12.27residents. The grants shall be designed to
12.28promote knowledge and understanding about
12.29HIV and to increase knowledge in order
12.30to eliminate and reduce the risk for HIV
12.31infection; to encourage screening and testing
12.32for HIV; and to link individuals to public
12.33health and health care resources. The grants
12.34must be awarded to collaborative efforts that
12.35bring together nonprofit community-based
13.1groups with demonstrated experience in
13.2addressing the public health, health care,
13.3and social service needs of African-born
13.4communities.
13.5Water Level Standard for Atrazine.
13.6$200,000 in 2008 is for a study relating to
13.7atrazine health risk limit standards under
13.8Minnesota Statutes, section 144.355. This is
13.9a onetime appropriation.
13.10Arsenic Health Risk Standard. $920,000 in
13.11the first year and $461,000 in the second year
13.12is to fund the study relating to arsenic health
13.13risk standards, under Minnesota Statutes,
13.14section 144.967.
13.15Lindane and Bisphenol-A Studies.
13.16$114,000 in the first year is for the Lindane
13.17committee and the study of bisphenol-A,
13.18under Minnesota Statutes, section 325.72.
13.19This is a onetime appropriation.
13.20Decabromodiphenyl Ether Study.
13.21$118,000 in the first year is for transfer to the
13.22commissioner of the pollution control agency
13.23for the study of decabromodiphenyl ether
13.24under Minnesota Statutes, section 325E.387.
13.25This is a onetime appropriation.
13.26Radiation Study. $45,000 in the first year
13.27from the general fund and $15,000 in the
13.28first year from the state government special
13.29revenue fund are for the radiation study in
13.30section 60. This is a onetime appropriation.
13.31Lead Abatement. $1,500,000 each year is
13.32for changes in lead abatement requirements.
13.33A portion of this amount may be used to
13.34reimburse local governments for costs of
13.35implementing the new requirements.
14.1Water Treatment. $40,000 in the first year
14.2is for water treatment.
14.3Environmental Justice Mapping. $137,000
14.4in the first year and $53,000 in the second
14.5year is for environmental justice mapping.
14.6HIV Information. $80,000 each year
14.7is to fund a community-based nonprofit
14.8organization with demonstrated capacity to
14.9operate a statewide HIV information and
14.10referral service using telephone, Internet, and
14.11other appropriate technologies.
14.12Lead Hazard Reduction. $250,000 is
14.13appropriated in the first year of the biennium
14.14for a grant to a nonprofit organization
14.15operating the CLEARCorps to conduct a
14.16pilot project to determine the incidence of
14.17lead hazards in pre-1978 rental property.
14.18Any balance in the first year does not cancel
14.19but is available in the second year.
14.20Minnesota Birth Defects Information
14.21System. $750,000 each year is to maintain
14.22the birth defects information system that was
14.23established by Minnesota Statutes, section
14.24144.2215.
14.29TANF Appropriations. (a) $2,421,000 of
14.30the TANF funds is appropriated in each year
14.31of the biennium to the commissioner for
14.32home visiting and nutritional services listed
14.33under Minnesota Statutes, section 145.882,
14.34subdivision 7, clauses (6) and (7). Funding
14.35shall be distributed to tribal governments
15.1based on Minnesota Statutes, section
15.2145A.14, subdivision 2a, paragraph (b).
15.3(b) $262,000 in the first year and $577,000
15.4in the second year are appropriated
15.5to the commissioner of health for the
15.6family home visiting grant program. The
15.7commissioner shall distribute funds to tribal
15.8governments using a formula developed in
15.9conjunction with tribal governments. The
15.10commissioner may use five percent of the
15.11funds appropriated in each fiscal year to
15.12conduct the ongoing evaluations required
15.13under Minnesota Statutes, section 145A.17,
15.14subdivision 7, and may use ten percent of
15.15the funds appropriated each fiscal year to
15.16provide training and technical assistance as
15.17required under Minnesota Statutes, section
15.18145A.17, subdivisions 4 and 5.
15.19TANF Carryforward. Any unexpended
15.20balance of the TANF appropriation in the
15.21first year of the biennium does not cancel but
15.22is available for the second year.
15.26Disease Surveillance. $2,000,000 each fiscal
15.27year is for redesigning and implementing
15.28coordinated and modern disease surveillance
15.29systems for the department. Base level
15.30funding for the 2012-2013 biennium will be
15.31$600,000 each fiscal year for maintaining
15.32and operating the systems.
16.1Repair and Betterment. Of this
16.2appropriation, $4,000,000 in fiscal year
16.32008 and $4,000,000 in fiscal year 2009
16.4are to be used for repair, maintenance,
16.5rehabilitation, and betterment activities at
16.6facilities statewide.
16.7Base Adjustment. The general fund base is
16.8decreased by $2,000,000 in fiscal year 2010
16.9and $2,000,000 in fiscal year 2011.
16.13The commissioner of finance shall not permit
16.14the allotment, encumbrance, or expenditure
16.15of money appropriated in this section in
16.16excess of the anticipated biennial revenues
16.17or accumulated surplus revenues from fees
16.18collected by the boards.
16.23Base Adjustment. Of this appropriation in
16.24fiscal year 2009, $14,000 is onetime.
16.27Base Adjustment. Of this appropriation in
16.28fiscal year 2009, $17,000 is onetime.
17.1Administrative Services Unit. Of this
17.2appropriation, $430,000 in fiscal year
17.32008 and $439,000 in fiscal year 2009 are
17.4for the administrative services unit. The
17.5administrative services unit may receive
17.6and expend reimbursements for services
17.7performed by other agencies.
17.9Base Adjustment. Of this appropriation in
17.10fiscal year 2009, $13,000 is onetime.
17.12Base Adjustment. Of this appropriation in
17.13fiscal year 2009, $29,000 is onetime.
17.16Base Adjustment. Of this appropriation in
17.17fiscal year 2009, $7,000 is onetime.
17.30Regional Emergency Medical Services
17.31Programs. $400,000 each year is for
17.32regional emergency medical services
17.33programs, to be distributed equally to the
18.1eight emergency medical service regions.
18.2This amount shall be added to the base
18.3funding. Notwithstanding Minnesota
18.4Statutes, section 144E.50, 100 percent of
18.5the appropriation shall be passed on to the
18.6emergency medical service regions.
18.7Health Professional Services Program.
18.8$687,000 in fiscal year 2008 and $704,000 in
18.9fiscal year 2009 from the state government
18.10special revenue fund are for the health
18.11professional services program.
18.13Options Too. (a) $75,000 for the first
18.14year and $75,000 for the second year are
18.15to continue the work of the Options Too
18.16disability services interagency work group
18.17established under Laws 2005, First Special
18.18Session chapter 4, article 7, section 57.
18.19Funds shall be used to monitor and assist the
18.20work group and the Options Too Steering
18.21Committee in the implementation of the
18.22recommendations in the Options Too report
18.23dated February 15, 2007.
18.24(b) For purposes of this section, the Options
18.25Too Steering Committee shall consist of the
18.26following members:
18.27(1) a representative from the Minnesota
18.28Housing Finance Agency;
18.29(2) a representative from the Minnesota State
18.30Council on Disability;
18.31(3) a representative from the Department of
18.32Veterans Affairs;
18.33(4) a representative from the Department of
18.34Transportation;
19.1(5) a representative from the Department of
19.2Human Services; and
19.3(6) representatives from interested
19.4stakeholders including counties, local
19.5public housing authorities, the Metropolitan
19.6Council, disability service providers, and
19.7disability advocacy organizations who are
19.8appointed by the Minnesota State Council on
19.9Disability for two-year terms.
19.10(c) Notwithstanding Laws 2005, First Special
19.11Session chapter 4, article 7, section 57, the
19.12interagency work group shall be administered
19.13by the Minnesota Housing Finance Agency,
19.14the Minnesota State Council on Disability,
19.15Department of Human Services, and the
19.16Department of Transportation.
19.17(d) The Options Too Steering Committee
19.18shall report to the chairs of the health
19.19and human services policy and finance
19.20committees of the senate and house of
19.21representatives by October 15, 2007, and
19.22October 15, 2008, on the continued progress
19.23of the work group towards implementing the
19.24recommendations in the Options Too report
19.25dated February 15, 2007.
19.30 Sec. 10. Minnesota Statutes 2006, section 13.3806, is amended by adding a subdivision
19.31to read:
19.32 Subd. 21. Birth defects registry system. Data on individuals collected by the
19.33birth defects registry system are private data on individuals and classified pursuant to
19.34section 144.2215.
20.1 Sec. 11. Minnesota Statutes 2006, section 16B.61, is amended by adding a subdivision
20.2to read:
20.3 Subd. 3b. Window fall prevention device code. The commissioner of labor and
20.4industry shall adopt rules for window fall prevention devices as part of the state Building
20.5Code. Window fall prevention devices include, but are not limited to, safety screens,
20.6hardware, guards, and other devices that comply with the standards established by the
20.7commissioner of labor and industry. The rules must require compliance with standards
20.8for window fall prevention devices developed by ASTM International, contained in the
20.9International Building Code as the model language with amendments deemed necessary to
20.10coordinate with the other adopted building codes in Minnesota. The rules must establish a
20.11scope that includes the applicable building occupancies, and the types, locations, and sizes
20.12of windows that will require the installation of fall devices. The rules will be effective July
20.131, 2009. The commissioner shall report to the legislature on the status of the rulemaking
20.14on or before February 15, 2008.
20.15 Sec. 12. Minnesota Statutes 2006, section 103I.101, subdivision 6, is amended to read:
20.16 Subd. 6. Fees for variances. The commissioner shall charge a nonrefundable
20.17application fee of$175 $215 to cover the administrative cost of processing a request for a
20.18variance or modification of rules adopted by the commissioner under this chapter.
20.19EFFECTIVE DATE.This section is effective July 1, 2008.
20.20 Sec. 13. Minnesota Statutes 2006, section 103I.208, subdivision 1, is amended to read:
20.21 Subdivision 1. Well notification fee. The well notification fee to be paid by a
20.22property owner is:
20.23 (1) for a new water supply well,$175 $215, which includes the state core function
20.24fee;
20.25 (2) for a well sealing,$35 $50 for each well, which includes the state core function
20.26fee, except that for monitoring wells constructed on a single property, having depths
20.27within a 25 foot range, and sealed within 48 hours of start of construction, a single fee of
20.28$35 $50; and
20.29 (3) for construction of a dewatering well,$175 $215, which includes the state core
20.30function fee, for each dewatering well except a dewatering project comprising five or
20.31more dewatering wells shall be assessed a single fee of$875 $1,075 for the dewatering
20.32wells recorded on the notification.
20.33EFFECTIVE DATE.This section is effective July 1, 2008.
21.1 Sec. 14. Minnesota Statutes 2006, section 103I.208, subdivision 2, is amended to read:
21.2 Subd. 2. Permit fee. The permit fee to be paid by a property owner is:
21.3 (1) for a water supply well that is not in use under a maintenance permit,$150 $175
21.4annually;
21.5 (2) for construction of a monitoring well,$175 $215, which includes the state
21.6core function fee;
21.7 (3) for a monitoring well that is unsealed under a maintenance permit,$150 $175
21.8annually;
21.9 (4) for monitoring wells used as a leak detection device at a single motor fuel retail
21.10outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
21.11chemical facility site, the construction permit fee is$175 $215, which includes the state
21.12core function fee, per site regardless of the number of wells constructed on the site, and
21.13the annual fee for a maintenance permit for unsealed monitoring wells is$150 $175 per
21.14site regardless of the number of monitoring wells located on site;
21.15 (5) for a groundwater thermal exchange device, in addition to the notification fee for
21.16water supply wells,$175 $215, which includes the state core function fee;
21.17 (6) for a vertical heat exchanger,$175 $215;
21.18 (7) for a dewatering well that is unsealed under a maintenance permit,$150 $175
21.19annually for each dewatering well, except a dewatering project comprising more than five
21.20dewatering wells shall be issued a single permit for$750 $875 annually for dewatering
21.21wells recorded on the permit; and
21.22 (8) for an elevator boring,$175 $215 for each boring.
21.23EFFECTIVE DATE.This section is effective July 1, 2008.
21.24 Sec. 15. Minnesota Statutes 2006, section 103I.235, subdivision 1, is amended to read:
21.25 Subdivision 1. Disclosure of wells to buyer. (a) Before signing an agreement to
21.26sell or transfer real property, the seller must disclose in writing to the buyer information
21.27about the status and location of all known wells on the property, by delivering to the buyer
21.28either a statement by the seller that the seller does not know of any wells on the property,
21.29or a disclosure statement indicating the legal description and county, and a map drawn
21.30from available information showing the location of each well to the extent practicable.
21.31In the disclosure statement, the seller must indicate, for each well, whether the well is in
21.32use, not in use, or sealed.
21.33 (b) At the time of closing of the sale, the disclosure statement information, name and
21.34mailing address of the buyer, and the quartile, section, township, and range in which each
22.1well is located must be provided on a well disclosure certificate signed by the seller or a
22.2person authorized to act on behalf of the seller.
22.3 (c) A well disclosure certificate need not be provided if the seller does not know
22.4of any wells on the property and the deed or other instrument of conveyance contains
22.5the statement: "The Seller certifies that the Seller does not know of any wells on the
22.6described real property."
22.7 (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate
22.8required by this subdivision shall be signed by the buyer or a person authorized to act on
22.9behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
22.10certificate is not required if the following statement appears on the deed followed by the
22.11signature of the grantee or, if there is more than one grantee, the signature of at least one
22.12of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
22.13described real property." The statement and signature of the grantee may be on the front
22.14or back of the deed or on an attached sheet and an acknowledgment of the statement by
22.15the grantee is not required for the deed to be recordable.
22.16 (e) This subdivision does not apply to the sale, exchange, or transfer of real property:
22.17 (1) that consists solely of a sale or transfer of severed mineral interests; or
22.18 (2) that consists of an individual condominium unit as described in chapters 515
22.19and 515B.
22.20 (f) For an area owned in common under chapter 515 or 515B the association or other
22.21responsible person must report to the commissioner by July 1, 1992, the location and
22.22status of all wells in the common area. The association or other responsible person must
22.23notify the commissioner within 30 days of any change in the reported status of wells.
22.24 (g) For real property sold by the state under section92.67 , the lessee at the time of
22.25the sale is responsible for compliance with this subdivision.
22.26 (h) If the seller fails to provide a required well disclosure certificate, the buyer, or
22.27a person authorized to act on behalf of the buyer, may sign a well disclosure certificate
22.28based on the information provided on the disclosure statement required by this section
22.29or based on other available information.
22.30 (i) A county recorder or registrar of titles may not record a deed or other instrument
22.31of conveyance dated after October 31, 1990, for which a certificate of value is required
22.32under section272.115 , or any deed or other instrument of conveyance dated after October
22.3331, 1990, from a governmental body exempt from the payment of state deed tax, unless
22.34the deed or other instrument of conveyance contains the statement made in accordance
22.35with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all
22.36the information required by paragraph (b) or (d). The county recorder or registrar of titles
23.1must not accept a certificate unless it contains all the required information. The county
23.2recorder or registrar of titles shall note on each deed or other instrument of conveyance
23.3accompanied by a well disclosure certificate that the well disclosure certificate was
23.4received. The notation must include the statement "No wells on property" if the disclosure
23.5certificate states there are no wells on the property. The well disclosure certificate shall not
23.6be filed or recorded in the records maintained by the county recorder or registrar of titles.
23.7After noting "No wells on property" on the deed or other instrument of conveyance, the
23.8county recorder or registrar of titles shall destroy or return to the buyer the well disclosure
23.9certificate. The county recorder or registrar of titles shall collect from the buyer or the
23.10person seeking to record a deed or other instrument of conveyance, a fee of$40 $45
23.11for receipt of a completed well disclosure certificate. By the tenth day of each month,
23.12the county recorder or registrar of titles shall transmit the well disclosure certificates
23.13to the commissioner of health. By the tenth day after the end of each calendar quarter,
23.14the county recorder or registrar of titles shall transmit to the commissioner of health
23.15$32.50 $37.50 of the fee for each well disclosure certificate received during the quarter.
23.16The commissioner shall maintain the well disclosure certificate for at least six years. The
23.17commissioner may store the certificate as an electronic image. A copy of that image
23.18shall be as valid as the original.
23.19 (j) No new well disclosure certificate is required under this subdivision if the buyer
23.20or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed
23.21or other instrument of conveyance that the status and number of wells on the property
23.22have not changed since the last previously filed well disclosure certificate. The following
23.23statement, if followed by the signature of the person making the statement, is sufficient
23.24to comply with the certification requirement of this paragraph: "I am familiar with the
23.25property described in this instrument and I certify that the status and number of wells on
23.26the described real property have not changed since the last previously filed well disclosure
23.27certificate." The certification and signature may be on the front or back of the deed or on
23.28an attached sheet and an acknowledgment of the statement is not required for the deed or
23.29other instrument of conveyance to be recordable.
23.30 (k) The commissioner in consultation with county recorders shall prescribe the form
23.31for a well disclosure certificate and provide well disclosure certificate forms to county
23.32recorders and registrars of titles and other interested persons.
23.33 (l) Failure to comply with a requirement of this subdivision does not impair:
23.34 (1) the validity of a deed or other instrument of conveyance as between the parties
23.35to the deed or instrument or as to any other person who otherwise would be bound by
23.36the deed or instrument; or
24.1 (2) the record, as notice, of any deed or other instrument of conveyance accepted for
24.2filing or recording contrary to the provisions of this subdivision.
24.3EFFECTIVE DATE.This section is effective July 1, 2008.
24.4 Sec. 16. Minnesota Statutes 2006, section 144.123, is amended to read:
24.5144.123 FEES FOR DIAGNOSTIC LABORATORY SERVICES;
24.6EXCEPTIONS.
24.7 Subdivision 1. Who must pay. Except for the limitation contained in this section,
24.8the commissioner of health shall charge a handling fee for each specimen submitted to
24.9the Department of Health for analysis for diagnostic purposes by any hospital, private
24.10laboratory, private clinic, or physician. No fee shall be charged to any entity which
24.11receives direct or indirect financial assistance from state or federal funds administered by
24.12the Department of Health, including any public health department, nonprofit community
24.13clinic,venereal sexually transmitted disease clinic, family planning clinic, or similar
24.14entity. No fee will be charged for any biological materials submitted to the Department
24.15of Health as a requirement of Minnesota Rules, part 4605.7040, or for those biological
24.16materials requested by the department to gather information for disease prevention or
24.17control purposes. The commissioner of health may establishby rule other exceptions to
24.18the handling fee as may be necessary togather information for epidemiologic purposes
24.19protect the public's health. All fees collected pursuant to this section shall be deposited in
24.20the state treasury and credited to the state government special revenue fund.
24.21 Subd. 2.Rules for Fee amounts. The commissioner of health shall promulgate
24.22rules, in accordance with chapter 14, which shall specify the amount of the charge a
24.23handling fee prescribed in subdivision 1. The fee shall approximate the costs to the
24.24department of handling specimens including reporting, postage, specimen kit preparation,
24.25and overhead costs. The fee prescribed in subdivision 1 shall be$15 $25 per specimen
24.26until the commissioner promulgates rules pursuant to this subdivision.
24.27 Sec. 17. Minnesota Statutes 2006, section 144.125, is amended to read:
24.28144.125 TESTS OF INFANTS FOR HERITABLE AND CONGENITAL
24.29DISORDERS.
24.30 Subdivision 1. Duty to perform testing. It is the duty of (1) the administrative
24.31officer or other person in charge of each institution caring for infants 28 days or less
24.32of age, (2) the person required in pursuance of the provisions of section144.215 , to
24.33register the birth of a child, or (3) the nurse midwife or midwife in attendance at the
25.1birth, to arrange to have administered to every infant or child in its care tests for heritable
25.2and congenital disorders according to subdivision 2 and rules prescribed by the state
25.3commissioner of health. Testing and the recording and reporting of test results shall be
25.4performed at the times and in the manner prescribed by the commissioner of health. The
25.5commissioner shall chargelaboratory service fees a fee so that the total of fees collected
25.6will approximate the costs of conducting the tests and implementing and maintaining
25.7a system to follow-up infants with heritable or congenital disorders. Thelaboratory
25.8service fee is $61 $101 per specimen. Costs associated with capital expenditures and
25.9the development of new procedures may be prorated over a three-year period when
25.10calculating the amount of the fees.
25.11 Subd. 2. Determination of tests to be administered. The commissioner shall
25.12periodically revise the list of tests to be administered for determining the presence of a
25.13heritable or congenital disorder. Revisions to the list shall reflect advances in medical
25.14science, new and improved testing methods, or other factors that will improve the public
25.15health. In determining whether a test must be administered, the commissioner shall take
25.16into consideration the adequacy oflaboratory analytical methods to detect the heritable
25.17or congenital disorder, the ability to treat or prevent medical conditions caused by the
25.18heritable or congenital disorder, and the severity of the medical conditions caused by the
25.19heritable or congenital disorder. The list of tests to be performed may be revised if the
25.20changes are recommended by the advisory committee established under section144.1255 ,
25.21approved by the commissioner, and published in the State Register. The revision is
25.22exempt from the rulemaking requirements in chapter 14, and sections14.385 and
14.386
25.23do not apply.
25.24 Subd. 3. Objection of parents to test. Persons with a duty to perform testing under
25.25subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
25.26perform testing thereunder as well as the results of such testing may be retained by the
25.27Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that
25.28the following options are available to them with respect to the testing: (i) to decline to
25.29have the tests, or (ii) to elect to have the tests but to require that all blood samples and
25.30records of test results be destroyed within 24 months of the testing. If the parents of
25.31an infant object in writing to testing for heritable and congenital disorders or elect to
25.32require that blood samples and test results be destroyed, the objection or election shall
25.33be recorded on a form that is signed by a parent or legal guardian and made part of the
25.34infant's medical record. A written objection exempts an infant from the requirements of
25.35this section and section144.128 .
26.1 Sec. 18. Minnesota Statutes 2006, section 144.2215, subdivision 1, is amended to read:
26.2 Subdivision 1. Establishment. Within the limits of available appropriations, the
26.3commissioner of health shall establish and maintain an information system containing data
26.4on the cause, treatment, prevention, and cure of major birth defects. The commissioner
26.5shall consult with representatives and experts in epidemiology, medicine, insurance,
26.6health maintenance organizations, genetics, consumers, and voluntary organizations in
26.7developing the system and may phase in the implementation of the system. After the
26.8parents have provided informed consent under section 144.2216, subdivision 4, the
26.9commissioner shall offer the parents with their informed consent a visit by a trained health
26.10care worker to interview the parents about:
26.11 (1) all previous home addresses, occupations, and places of work including from
26.12childhood;
26.13 (2) the time and place of any military service; and
26.14 (3) known occasions or sites of toxic exposures.
26.15 Sec. 19. [144.355] WATER LEVEL STANDARD FOR ATRAZINE.
26.16 (a) The Department of Health in consultation with the Pollution Control Agency
26.17shall set atrazine drinking water standards for the health risk limit in private wells and
26.18the maximum contaminant level in public water systems at three ppb to comply with the
26.19federal standard determined by the United States Environmental Protection Agency.
26.20 (b) By December 31, 2007, the Department of Health in consultation with the
26.21Pollution Control Agency shall use current scientific evidence to set the drinking
26.22water standards for the health risk limit of atrazine in private wells and the maximum
26.23contaminant level of atrazine in public water systems at a level not to exceed one ppb
26.24to reflect the requirements in section 144.0751 to adequately protect the health of a
26.25developing fetus, infant, and child which requires a higher level of care due to fetal, infant,
26.26and child development.
26.27EFFECTIVE DATE.This section is effective the day following final enactment.
26.28 Sec. 20. Minnesota Statutes 2006, section 144.9502, subdivision 3, is amended to read:
26.29 Subd. 3. Reports of blood lead analysis required. (a) Every hospital, medical
26.30clinic, medical laboratory, other facility, or individual performing blood lead analysis
26.31shall report the results after the analysis of each specimen analyzed, for both capillary
26.32and venous specimens, and epidemiologic information required in this section to the
26.33commissioner of health, within the time frames set forth in clauses (1) and (2):
27.1 (1) within two working days by telephone, fax, or electronic transmission, with
27.2written or electronic confirmation within one month, for a venous blood lead level equal to
27.3or greater than15 ten micrograms of lead per deciliter of whole blood; or
27.4 (2) within one month in writing or by electronic transmission, for any capillary
27.5result or for a venous blood lead level less than15 ten micrograms of lead per deciliter of
27.6whole blood.
27.7 (b) If a blood lead analysis is performed outside of Minnesota and the facility
27.8performing the analysis does not report the blood lead analysis results and epidemiological
27.9information required in this section to the commissioner, the provider who collected the
27.10blood specimen must satisfy the reporting requirements of this section. For purposes of
27.11this section, "provider" has the meaning given in section62D.02, subdivision 9 .
27.12 (c) The commissioner shall coordinate with hospitals, medical clinics, medical
27.13laboratories, and other facilities performing blood lead analysis to develop a universal
27.14reporting form and mechanism.
27.15 Sec. 21. Minnesota Statutes 2006, section 144.9504, subdivision 2, is amended to read:
27.16 Subd. 2. Lead risk assessment. (a) An assessing agency shall conduct a lead risk
27.17assessment of a residence according to the venous blood lead level and time frame set
27.18forth in clauses (1) to (4) for purposes of secondary prevention:
27.19 (1) within 48 hours of a child or pregnant female in the residence being identified to
27.20the agency as having a venous blood lead level equal to or greater than60 45 micrograms
27.21of lead per deciliter of whole blood;
27.22 (2) within five working days of a child or pregnant female in the residence being
27.23identified to the agency as having a venous blood lead level equal to or greater than45 15
27.24micrograms of lead per deciliter of whole blood;
27.25 (3) within ten working days of a child in the residence being identified to the agency
27.26as having a venous blood lead level equal to or greater than15 ten micrograms of lead
27.27per deciliter of whole blood; or
27.28 (4) within ten working days of a pregnant female in the residence being identified to
27.29the agency as having a venous blood lead level equal to or greater than ten micrograms of
27.30lead per deciliter of whole blood.
27.31 (b) Within the limits of available local, state, and federal appropriations, an assessing
27.32agency may also conduct a lead risk assessment for children with any elevated blood
27.33lead level.
27.34 (c) In a building with two or more dwelling units, an assessing agency shall assess
27.35the individual unit in which the conditions of this section are met and shall inspect all
28.1common areas accessible to a child. If a child visits one or more other sites such as another
28.2residence, or a residential or commercial child care facility, playground, or school, the
28.3assessing agency shall also inspect the other sites. The assessing agency shall have one
28.4additional day added to the time frame set forth in this subdivision to complete the lead
28.5risk assessment for each additional site.
28.6 (d) Within the limits of appropriations, the assessing agency shall identify the
28.7known addresses for the previous 12 months of the child or pregnant female with venous
28.8blood lead levels of at least15 ten micrograms per deciliter for the child or at least ten
28.9micrograms per deciliter for the pregnant female; notify the property owners, landlords,
28.10and tenants at those addresses that an elevated blood lead level was found in a person
28.11who resided at the property; and give them primary prevention information. Within the
28.12limits of appropriations, the assessing agency may perform a risk assessment and issue
28.13corrective orders in the properties, if it is likely that the previous address contributed to
28.14the child's or pregnant female's blood lead level. The assessing agency shall provide the
28.15notice required by this subdivision without identifying the child or pregnant female with
28.16the elevated blood lead level. The assessing agency is not required to obtain the consent of
28.17the child's parent or guardian or the consent of the pregnant female for purposes of this
28.18subdivision. This information shall be classified as private data on individuals as defined
28.19under section13.02, subdivision 12 .
28.20 (e) The assessing agency shall conduct the lead risk assessment according to rules
28.21adopted by the commissioner under section144.9508 . An assessing agency shall have
28.22lead risk assessments performed by lead risk assessors licensed by the commissioner
28.23according to rules adopted under section144.9508 . If a property owner refuses to allow
28.24a lead risk assessment, the assessing agency shall begin legal proceedings to gain entry
28.25to the property and the time frame for conducting a lead risk assessment set forth in this
28.26subdivision no longer applies. A lead risk assessor or assessing agency may observe the
28.27performance of lead hazard reduction in progress and shall enforce the provisions of this
28.28section under section144.9509 . Deteriorated painted surfaces, bare soil, and dust must be
28.29tested with appropriate analytical equipment to determine the lead content, except that
28.30deteriorated painted surfaces or bare soil need not be tested if the property owner agrees to
28.31engage in lead hazard reduction on those surfaces. The lead content of drinking water
28.32must be measured if another probable source of lead exposure is not identified. Within a
28.33standard metropolitan statistical area, an assessing agency may order lead hazard reduction
28.34of bare soil without measuring the lead content of the bare soil if the property is in a
28.35census tract in which soil sampling has been performed according to rules established by
29.1the commissioner and at least 25 percent of the soil samples contain lead concentrations
29.2above the standard in section144.9508 .
29.3 (f) Each assessing agency shall establish an administrative appeal procedure which
29.4allows a property owner to contest the nature and conditions of any lead order issued by
29.5the assessing agency. Assessing agencies must consider appeals that propose lower cost
29.6methods that make the residence lead safe. The commissioner shall use the authority and
29.7appeal procedure granted under sections144.989 to
144.993 .
29.8 (g) Sections144.9501 to
144.9509 neither authorize nor prohibit an assessing agency
29.9from charging a property owner for the cost of a lead risk assessment.
29.10 Sec. 22. Minnesota Statutes 2006, section 144.9507, is amended by adding a
29.11subdivision to read:
29.12 Subd. 6. Medical assistance. Medical assistance reimbursement for lead risk
29.13assessment services under section 256B.0625, subdivision 49, shall not be used to replace
29.14or decrease existing state or local funding for lead services and lead-related activities.
29.15 Sec. 23. Minnesota Statutes 2006, section 144.9512, is amended to read:
29.16144.9512 LEAD ABATEMENT PROGRAM.
29.17 Subdivision 1. Definitions. (a) The definitions in section144.9501 and in this
29.18subdivision apply to this section.
29.19 (b)"Eligible organization" means a lead contractor, city, board of health, community
29.20health department, community action agency as defined in section
256E.30, or community
29.21development corporation.
29.22(c) "Commissioner" means the commissioner of health, or the commissioner of the
29.23Minnesota Housing Finance Agency as authorized by section
462A.05, subdivision 15c
29.24 Subd. 2. Grants; administration. Within the limits of the available appropriation,
29.25the commissionermust develop a swab team services program which may shall make
29.26demonstration and training grants to eligible organizations a nonprofit organization
29.27currently operating the CLEARCorps lead hazard reduction project to train workers to
29.28provide swab team servicesand swab team services for residential property. Grants may
29.29be awarded to nonprofit organizations to provide technical assistance and training to
29.30ensure quality and consistency within the statewide program. Grants must be awarded to
29.31help ensure full-time employment to workers providing swab team services and must be
29.32awarded for a two-year period.
29.33Grants awarded under this section must be made in consultation with the
29.34commissioner of the Housing Finance Agency and representatives of neighborhood
30.1groups from areas at high risk for toxic lead exposure, a labor organization, the lead
30.2coalition, community action agencies, and the legal aid society. The consulting team must
30.3review grant applications and recommend awards to eligible organizations that meet
30.4requirements for receiving a grant under this section.
30.5Subd. 3. Applicants. (a) Interested eligible organizations may apply to the
30.6commissioner for grants under this section. Two or more eligible organizations may
30.7jointly apply for a grant. Priority shall be given to community action agencies in greater
30.8Minnesota and to either community action agencies or neighborhood based nonprofit
30.9organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may
30.10be used for administrative purposes. The commissioner may deviate from this percentage
30.11if a grantee can justify the need for a larger administrative allowance. Of this amount,
30.12up to five percent may be used by the commissioner for state administrative purposes.
30.13Applications must provide information requested by the commissioner, including at least
30.14the information required to assess the factors listed in paragraph (d).
30.15(b) The commissioner must consult with boards of health to provide swab team
30.16services for purposes of secondary prevention. The priority for swab teams created
30.17by grants to eligible organizations under this section must be work assigned by the
30.18commissioner of health, or by a board of health if so designated by the commissioner of
30.19health, to provide secondary prevention swab team services to fulfill the requirements
30.20of section
144.9504, subdivision 6, in response to a lead order. Swab teams assigned
30.21work under this section by the commissioner, that are not engaged daily in fulfilling the
30.22requirements of section
144.9504, subdivision 6, must deliver swab team services in
30.23response to elevated blood lead levels as defined in section
144.9501, subdivision 9,
30.24where lead orders were not issued, and for purposes of primary prevention in census
30.25tracts known to be in areas at high risk for toxic lead exposure as described in section
30.26144.9503, subdivision 2.
30.27(c) Any additional money must be used for grants to establish swab teams for
30.28primary prevention under section
144.9503, in census tracts in areas at high risk for toxic
30.29lead exposure as determined under section
144.9503, subdivision 2.
30.30(d) In evaluating grant applications, the commissioner must consider the following
30.31criteria:
30.32(1) the use of lead contractors and lead workers for residential swab team services;
30.33(2) the participation of neighborhood groups and individuals, as swab team workers,
30.34in areas at high risk for toxic lead exposure;
30.35(3) plans for the provision of swab team services for primary and secondary
30.36prevention as required under subdivision 4;
31.1(4) plans for supervision, training, career development, and postprogram placement
31.2of swab team members;
31.3(5) plans for resident and property owner education on lead safety;
31.4(6) plans for distributing cleaning supplies to area residents and educating residents
31.5and property owners on cleaning techniques;
31.6(7) sources of other funding and cost estimates for training, lead inspections, swab
31.7team services, equipment, monitoring, testing, and administration;
31.8(8) measures of program effectiveness;
31.9(9) coordination of program activities with other federal, state, and local public
31.10health, job training, apprenticeship, and housing renovation programs including programs
31.11under sections
116L.86 to
116L.881; and
31.12(10) prior experience in providing swab team services.
31.13 Subd. 4.Lead supervisor or certified firm Eligible grant activities. (a) Eligible
31.14organizations and lead supervisors or certified firms may participate in the swab team
31.15program. An eligible organization The nonprofit receiving a grant under this section
31.16mustassure ensure that all participating lead supervisors or certified firms are licensed
31.17and that all swab team workers are certified by the Department of Health under section
31.18144.9505
. Eligible organizations and lead supervisors or certified firms may distinguish
31.19between interior and exterior services in assigning duties and The nonprofit organization
31.20may participate in the program by:
31.21 (1) providing on-the-job training for swab team workers;
31.22 (2) providing swab team services to meet the requirements of sections144.9503,
31.23subdivision 4 , and
144.9504, subdivision 6 ;
31.24 (3) providinga removal and replacement component using skilled craft workers
31.25under subdivision 7 lead hazard reduction to meet the requirements of section 144.9501,
31.26subdivision 17;
31.27(4) providing lead testing according to subdivision 8;
31.28(5) (4) providing lead dust cleaning supplies cleanup equipment and materials, as
31.29described in section144.9507 144.9503, subdivision 4, paragraph (c) 1, to residents; or
31.30(6) (5) having a swab team worker instruct residents and property owners on
31.31appropriate lead control techniques, including the lead-safe directives developed by the
31.32commissioner of health.;
31.33 (6) conducting blood lead testing events including screening children and pregnant
31.34women according to Department of Health screening guidelines;
31.35 (7) performing case management services according to Department of Health case
31.36management guidelines; or
32.1 (8) conducting mandated risk assessments under Minnesota Statutes, section
32.2144.9504, subdivision 2.
32.3(b) Participating lead supervisors or certified firms must:
32.4(1) demonstrate proof of workers' compensation and general liability insurance
32.5coverage;
32.6(2) be knowledgeable about lead abatement requirements established by the
32.7Department of Housing and Urban Development and the Occupational Safety and Health
32.8Administration and lead hazard reduction requirements and lead-safe directives of the
32.9commissioner of health;
32.10(3) demonstrate experience with on-the-job training programs;
32.11(4) demonstrate an ability to recruit employees from areas at high risk for toxic
32.12lead exposure; and
32.13(5) demonstrate experience in working with low-income clients.
32.14 Subd. 5. Swab team workers. Each worker engaged in swab team services
32.15established under this section must have blood lead concentrations below 15 micrograms
32.16of lead per deciliter of whole blood as determined by a baseline blood lead screening.
32.17Any The nonprofit organization receiving a grant under this section is responsible for lead
32.18screening and mustassure ensure that all swab team workers meet the standards established
32.19in this subdivision.Grantees The nonprofit organization must use appropriate workplace
32.20procedures including following the lead-safe directives developed by the commissioner of
32.21health to reduce risk of elevated blood lead levels.Grantees The nonprofit organization
32.22and participating contractors must report all employee blood lead levels that exceed 15
32.23micrograms of lead per deciliter of whole blood to the commissioner of health.
32.24Subd. 6. On-the-job training component. (a) Programs established under this
32.25section must provide on-the-job training for swab team workers.
32.26(b) Swab team workers must receive monetary compensation equal to the prevailing
32.27wage as defined in section
177.42, subdivision 6, for comparable jobs in the licensed
32.28contractor's principal business.
32.29Subd. 7. Removal and replacement component. (a) Within the limits of the
32.30available appropriation and if a need is identified by a lead inspector, the commissioner
32.31may establish a component for removal and replacement of deteriorated paint in residential
32.32properties according to the following criteria:
32.33(1) components within a residence must have both deteriorated lead-based paint and
32.34substrate damage beyond repair or rotting wooden framework to be eligible for removal
32.35and replacement;
33.1(2) all removal and replacement must be done using least-cost methods and
33.2following lead-safe directives;
33.3(3) whenever windows and doors or other components covered with deteriorated
33.4lead-based paint have sound substrate or are not rotting, those components should be
33.5repaired, sent out for stripping, planed down to remove deteriorated lead-based paint, or
33.6covered with protective guards instead of being replaced, provided that such an activity is
33.7the least-cost method of providing the swab team service;
33.8(4) removal and replacement or repair must be done by lead contractors using skilled
33.9craft workers or trained swab team members; and
33.10(5) all craft work that requires a state license must be supervised by a person with
33.11a state license in the craft work being supervised. The grant recipient may contract for
33.12this supervision.
33.13(b) The program design must:
33.14(1) identify the need for on-the-job training of swab team workers to be removal and
33.15replacement workers; and
33.16(2) describe plans to involve appropriate groups in designing methods to meet the
33.17need for training swab team workers.
33.18Subd. 8. Testing and evaluation. (a) Testing of the environment is not necessary
33.19by swab teams whose work is assigned by the commissioner of health or a designated
33.20board of health under section
144.9504. The commissioner of health or designated board
33.21of health must share the analytical testing data collected on each residence for purposes
33.22of secondary prevention under section
144.9504 with the swab team workers in order to
33.23provide constructive feedback on their work and to the commissioner for the purposes
33.24set forth in paragraph (c).
33.25(b) For purposes of primary prevention evaluation, the following samples must be
33.26collected: pretesting and posttesting of one noncarpeted floor dust lead sample and a
33.27notation of the extent and location of bare soil and of deteriorated lead-based paint. The
33.28analytical testing data collected on each residence for purposes of primary prevention
33.29under section
144.9503 must be shared with the swab team workers in order to provide
33.30constructive feedback on their work and to the commissioner for the purposes set forth in
33.31paragraph (c).
33.32(c) The commissioner of health must establish a program to collect appropriate data
33.33as required under paragraphs (a) and (b), in order to conduct an ongoing evaluation of
33.34swab team services for primary and secondary prevention. Within the limits of available
33.35appropriations, the commissioner of health must conduct on up to 1,000 residences which
33.36have received primary or secondary prevention swab team services, a postremediation
34.1evaluation, on at least a quarterly basis for a period of at least two years for each residence.
34.2The evaluation must note the condition of the paint within the residence, the extent of bare
34.3soil on the grounds, and collect and analyze one noncarpeted floor dust lead sample.
34.4The data collected must be evaluated to determine the efficacy of providing swab team
34.5services as a method of reducing lead exposure in young children. In evaluating this data,
34.6the commissioner of health must consider city size, community location, historic traffic
34.7flow, soil lead level of the property by area or census tract, distance to industrial point
34.8sources that emit lead, season of the year, age of the housing, age and number of children
34.9living at the residence, the presence of pets that move in and out of the residence, and
34.10other relevant factors as the commissioner of health may determine.
34.11 Subd. 9. Program benefits. As a condition of providing swab team services under
34.12this section,an the nonprofit organization may require a property owner to not increase
34.13rents on a property solely as a result of a substantial improvement made with public
34.14funds under the programs in this section.
34.15 Subd. 10. Requirements oforganizations receiving grants the nonprofit
34.16organization.An eligible The nonprofit organization that is awarded a training and
34.17demonstration grant under this section must prepare and submit a quarterly progress report
34.18to the commissioner beginning three months after receipt of the grant.
34.19 Sec. 24. [144.966] EARLY HEARING DETECTION AND INTERVENTION
34.20ACT.
34.21 Subdivision 1. Definitions. (a) "Child" means a person 18 years of age or younger.
34.22 (b) "False positive rate" means the proportion of infants identified as having a
34.23significant hearing loss by the screening process who are ultimately found to not have a
34.24significant hearing loss.
34.25 (c) "False negative rate" means the proportion of infants not identified as having
34.26a significant hearing loss by the screening process who are ultimately found to have a
34.27significant hearing loss.
34.28 (d) "Hearing screening test" means automated auditory brain stem response,
34.29otoacoustic emissions, or another appropriate screening test approved by the Department
34.30of Health.
34.31 (e) "Hospital" means a birthing health care facility or birthing center licensed in
34.32this state that provides obstetrical services.
34.33 (f) "Infant" means a child who is not a newborn and has not attained the age of
34.34one year.
34.35 (g) "Newborn" means an infant 28 days old or younger.
35.1 (h) "Parent" means a natural parent, stepparent, adoptive parent, guardian, or
35.2custodian of a newborn or infant.
35.3 Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The
35.4commissioner of health shall appoint a Newborn Hearing Screening Advisory Committee
35.5to advise and assist the Department of Health and the Department of Education in:
35.6 (1) developing protocols and timelines for screening, rescreening, and diagnostic
35.7audiological assessment and early medical, audiological, and educational intervention
35.8services for children who are deaf or hard-of-hearing;
35.9 (2) designing protocols for tracking children from birth through age three that may
35.10have passed newborn screening but are at risk for delayed or late onset of permanent
35.11hearing loss;
35.12 (3) designing a technical assistance program to support facilities implementing the
35.13screening program and facilities conducting rescreening and diagnostic audiological
35.14assessment;
35.15 (4) designing implementation and evaluation of a system of follow-up and tracking;
35.16and
35.17 (5) evaluating program outcomes to increase effectiveness and efficiency and ensure
35.18culturally appropriate services for children with a confirmed hearing loss and their families.
35.19 (b) Membership of the committee shall include at least one member from each of the
35.20following groups with no less than two of the members being deaf or hard-of-hearing:
35.21 (1) a representative from a consumer organization representing culturally deaf
35.22persons;
35.23 (2) a parent with a child with hearing loss representing a parent organization;
35.24 (3) a consumer from an organization representing oral communication options;
35.25 (4) a consumer from an organization representing cued speech communication
35.26options;
35.27 (5) an audiologist who has experience in evaluation and intervention of infants
35.28and young children;
35.29 (6) a speech-language pathologist who has experience in evaluation and intervention
35.30of infants and young children;
35.31 (7) two primary care providers who have experience in the care of infants and young
35.32children, one of which shall be a pediatrician;
35.33 (8) a representative from the early hearing detection intervention teams;
35.34 (9) a representative from the Department of Education resource center for the deaf
35.35and hard-of-hearing or their designee;
36.1 (10) a representative of the Minnesota Commission Serving Deaf and Hard of
36.2Hearing People;
36.3 (11) a representative from the Department of Human Services Deaf and Hard of
36.4Hearing Services Division;
36.5 (12) one or more of the Part C coordinators from the Department of Education, the
36.6Department of Health, or the Department of Human Services or their designee;
36.7 (13) the Department of Health early hearing detection and intervention coordinator;
36.8 (14) two birth hospital representatives from one rural and one urban hospital;
36.9 (15) a pediatric geneticist;
36.10 (16) an otolaryngologist;
36.11 (17) a representative from the Newborn Screening Advisory Committee under
36.12this subdivision; and
36.13 (18) a representative of the Department of Education regional low-incidence
36.14facilitators.
36.15 The Department of Health member shall chair the first meeting of the committee.
36.16At the first meeting, the committee shall elect a chairperson from its membership. The
36.17committee shall meet at the call of the chairperson, at least four times a year. The
36.18committee shall adopt written bylaws to govern its activities. The Department of Health
36.19shall provide technical and administrative support services as required by the committee.
36.20These services shall include technical support from individuals qualified to administer
36.21infant hearing screening, rescreening, and diagnostic audiological assessments.
36.22 Members of the committee shall receive no compensation for their service, but
36.23shall be reimbursed for expenses incurred as a result of their duties as members of the
36.24committee.
36.25 Subd. 3. Newborn and infant hearing screening programs. All hospitals shall
36.26establish a Universal Newborn Hearing and Infant Screening (UNHS) program. Each
36.27UNHS program shall:
36.28 (1) in advance of any hearing screening testing, provide to the newborn's or infant's
36.29parents information concerning the nature of the screening procedure, applicable costs of
36.30the screening procedure, the potential risks and effects of hearing loss, and the benefits of
36.31early detection and intervention;
36.32 (2) comply with parental consent under section 144.125, subdivision 3;
36.33 (3) develop policies and procedures for screening and rescreening based on
36.34Department of Health recommendations;
36.35 (4) provide appropriate training and monitoring of individuals responsible for
36.36performing hearing screening tests as recommended by the Department of Health;
37.1 (5) test the newborn's hearing prior to discharge, or, if the newborn is expected to
37.2remain in the hospital for a prolonged period, testing shall be performed prior to three
37.3months of age, or when medically feasible;
37.4 (6) develop and implement procedures for documenting the results of all hearing
37.5screening tests;
37.6 (7) inform the baby's parents or parent, primary care physician, and the Department
37.7of Health according to recommendations of the Department of Health of the results of the
37.8hearing screening test or rescreening if conducted, or if the newborn or infant was not
37.9successfully tested. The hospital that discharges the baby to home is responsible for
37.10the screening; and
37.11 (8) collect performance data specified by the Department of Health.
37.12 Subd. 4. Notification and information. (a) Notification to the parents, primary
37.13care provider, and Department of Health shall occur prior to discharge or no later than ten
37.14days following the date of testing. Notification shall include information recommended by
37.15the Department of Health.
37.16 (b) A physician, nurse, midwife, or other health professional attending a birth outside
37.17a hospital or institution shall provide information, orally and in writing, as established by
37.18the Department of Health, to parents regarding places where the parents may have their
37.19infants' hearing screened and the importance of such screening.
37.20 (c) The professional conducting the diagnostic procedure to confirm the hearing loss
37.21must report the results to the parents, primary care provider, and Department of Health
37.22according to the Department of Health recommendations.
37.23 Subd. 5. Oversight responsibility. The Department of Health shall exercise
37.24oversight responsibility for UNHS programs, including establishing a performance data
37.25set and reviewing performance data collected by each hospital.
37.26 Subd. 6. Civil and criminal immunity and penalties. (a) No physician or hospital
37.27shall be civilly or criminally liable for failure to conduct hearing screening testing.
37.28 (b) No physician, midwife, nurse, other health professional, or hospital acting in
37.29compliance with this section shall be civilly or criminally liable for any acts conforming
37.30with this section, including furnishing information required according to this section.
37.31 Subd. 7. Laboratory service fees. The commissioner shall charge laboratory
37.32service fees according to section 16A.1285 so that the total of fees collected will
37.33approximate the costs of implementing and maintaining a system to follow up infants,
37.34provide technical assistance, a tracking system, data management, and evaluation.
37.35EFFECTIVE DATE.This section is effective the day following final enactment.
38.1 Sec. 25. [144.967] ARSENIC HEALTH RISK STANDARD.
38.2 Subdivision 1. Arsenic health risk standard established. The commissioner of
38.3health in cooperation with the commissioners of agriculture and the Pollution Control
38.4Agency responsible for monitoring land and water cleanup and soil contamination
38.5information shall determine a health risk standard for human exposure to arsenic. The
38.6commissioner of health shall ensure that the established arsenic health risk standard is
38.7included in all information provided to the public.
38.8 Subd. 2. Information. The commissioner of health, in consultation with the
38.9commissioners of agriculture and the Pollution Control Agency with jurisdiction over
38.10soil and water contamination, shall establish a central information source available to
38.11the public to provide accurate information on arsenic soil and water contamination in
38.12residential areas.
38.13 Subd. 3. Testing for arsenic. (a) The commissioner of health shall ensure access
38.14to medical testing for arsenical pesticide exposure to persons living within one mile of
38.15the CMC Heartland Lite Yard Superfund site who are not covered by health insurance or
38.16medical assistance.
38.17 (b) Through an agreement with the United States Environmental Protection Agency,
38.18the commissioner shall ensure soil testing is available to households within one mile of the
38.19CMC Heartland Lite Yard Superfund site at no cost to the residents.
38.20 Subd. 4. Evaluation. The commissioner of health shall evaluate the cumulative
38.21health impact burdens of environmental toxins in the residential communities impacted by
38.22arsenic-contaminated soil from the CMC Heartland Lite Yard Superfund site. The first
38.23priority shall be to evaluate health burdens to those communities experiencing health
38.24disparities as documented by the Minority and Multicultural Health Division of the
38.25Minnesota Department of Health.
38.26 Sec. 26. [144.995] DEFINITIONS.
38.27 (a) For purposes of sections 144.995 to 144.998, the terms in this section have
38.28the meanings given.
38.29 (b) "Advisory panel" means the Environmental Health Tracking and Biomonitoring
38.30Advisory Panel established under section 144.998.
38.31 (c) "Biomonitoring" means the process by which chemicals and their metabolites are
38.32identified and measured within a biospecimen.
38.33 (d) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably
38.34available as a medium to measure the presence and concentration of chemicals or their
38.35metabolites in a human body.
39.1 (e) "Commissioner" means the commissioner of the Department of Health.
39.2 (f) "Community" means geographically or nongeographically-based populations
39.3that may participate in the biomonitoring program. A "nongeographical community"
39.4includes, but is not limited to, populations that may share a common chemical exposure
39.5through similar occupations, populations experiencing a common health outcome that
39.6may be linked to chemical exposures, or populations that may experience similar chemical
39.7exposures because of comparable consumption, lifestyle, product use, or subpopulations
39.8that share ethnicity, age, or gender.
39.9 (g) "Department" means the Department of Health.
39.10 (h) "Designated chemicals" means those chemicals that are known to, or strongly
39.11suspected of, adversely impacting human health or development, based upon scientific,
39.12peer-reviewed animal, human, or in vitro studies, and baseline human exposure data,
39.13and consists of chemical families or metabolites that are included in the federal Centers
39.14for Disease Control and Prevention studies that are known collectively as the National
39.15Reports on Human Exposure to Environmental Chemicals program and any substances
39.16specified under section 144.998, subdivision 3, clause (6).
39.17 (i) "Environmental hazard" means a chemical, metal, or other substance for which
39.18scientific, peer-reviewed studies of humans, animals, or cells have demonstrated that the
39.19chemical is known or reasonably anticipated to adversely impact human health.
39.20 (j) "Environmental health tracking" means collection, integration, analysis, and
39.21dissemination of data on human exposures to chemicals in the environment and on
39.22diseases potentially caused or aggravated by those chemicals.
39.23 Sec. 27. [144.996] ENVIRONMENTAL HEALTH TRACKING;
39.24BIOMONITORING.
39.25 Subdivision 1. Environmental health tracking. In cooperation with the
39.26commissioner of the Pollution Control Agency, the commissioner shall establish an
39.27environmental health tracking program to:
39.28 (1) coordinate data collection activities with the Pollution Control Agency,
39.29Department of Agriculture, University of Minnesota, and any other relevant state agency
39.30and work to promote the sharing of and access to health and environmental databases
39.31in order to develop an environmental health tracking system for Minnesota, consistent
39.32with applicable data practices laws;
39.33 (2) facilitate the dissemination of public health tracking data to the public and
39.34researchers in accessible format and provide technical assistance on interpreting the data;
40.1 (3) develop written data sharing agreements with the Minnesota Pollution Control
40.2Agency, Department of Agriculture, and other relevant state agencies and organizations,
40.3and develop additional procedures as needed to protect individual privacy;
40.4 (4) develop a strategic plan that includes a mission statement, the identification of
40.5core priorities for research and epidemiologic surveillance, the identification of internal
40.6and external stakeholders, and a work plan describing future program development;
40.7 (5) organize, analyze, and interpret available data, in order to:
40.8 (i) characterize statewide and localized trends and geographic patterns of prevalence
40.9and incidence of chronic diseases, including, but not limited to, cancer, respiratory
40.10diseases, reproductive problems, birth defects, neurologic diseases, and developmental
40.11disorders;
40.12 (ii) recommend to the commissioner methods to improve data collection on
40.13statewide population rates of chronic diseases and the occurrence of environmental
40.14hazards and exposures;
40.15 (iii) characterize statewide and localized trends and geographic patterns in the
40.16occurrence of environmental hazards and exposures;
40.17 (iv) assess the level of correlation with disease rate data and indicators of exposure
40.18such as biomonitoring data, and other health and environmental data;
40.19 (v) incorporate newly collected and existing health tracking and biomonitoring
40.20data into efforts to identify communities with elevated rates of chronic disease, higher
40.21likelihood of exposure to environmental pollutants, or both;
40.22 (vi) analyze occurrence of environmental hazards, exposures, and diseases with
40.23relation to socioeconomic status, race, and ethnicity;
40.24 (vii) develop and implement targeted plans to conduct more intensive health tracking
40.25and biomonitoring among communities;
40.26 (viii) work with the Pollution Control Agency, the Department of Agriculture, and
40.27other relevant state agency personnel and organizations to develop, implement, and
40.28evaluate preventive measures to reduce elevated rates of diseases and exposures identified
40.29through activities performed under sections 144.995 to 144.998; and
40.30 (ix) provide baseline data and present descriptive information relevant to policy
40.31formation that are consistent with existing goals of the department; and
40.32 (6) submit a biennial report to the legislature by January 15, beginning January
40.3315, 2009, on the status of environmental health tracking activities and related research
40.34programs, and making recommendations regarding the continuation and improvement of
40.35the programs.
40.36 Subd. 2. Biomonitoring. The commissioner shall:
41.1 (1) conduct biomonitoring of communities on a voluntary basis by collecting and
41.2analyzing biospecimens, as appropriate, to assess environmental exposures to designated
41.3chemicals;
41.4 (2) conduct biomonitoring of pregnant women and minors on a voluntary basis,
41.5when scientifically appropriate;
41.6 (3) communicate findings to the public, and plan ensuing stages of biomonitoring
41.7and disease tracking work to further develop and refine the integrated analysis;
41.8 (4) share analytical results with the advisory panel and work with the panel
41.9to interpret results, communicate findings to the public, and plan ensuing stages of
41.10biomonitoring work; and
41.11 (5) submit a biennial report to the legislature by January 15, beginning January
41.1215, 2009, on the status of the biomonitoring program and any recommendations for
41.13improvement.
41.14 Subd. 3. Health data. Data collected under the biomonitoring program are health
41.15data under section 13.3805.
41.16 Sec. 28. [144.997] BIOMONITORING PILOT PROGRAM.
41.17 Subdivision 1. Pilot program. With advice from the advisory panel, the
41.18commissioner shall develop a biomonitoring pilot program. The program shall collect
41.19one biospecimen from each of the voluntary participants. The biospecimen selected must
41.20be the biospecimen that most accurately represents body concentration of the chemical
41.21of interest. Each biospecimen from the voluntary participants must be analyzed for one
41.22type or class of related chemicals or metals, based on recommendations from the advisory
41.23panel. The panel shall determine the chemical or class of chemicals that community
41.24members were most likely exposed to. The program shall collect and assess biospecimens
41.25in accordance with the following:
41.26 (1) 30 voluntary participants from each of three communities that the advisory panel
41.27identifies as likely to have been exposed to a designated chemical;
41.28 (2) 100 voluntary participants from each of two communities: (i) that the advisory
41.29panel identifies as likely to have been exposed to arsenic and (ii) that the advisory panel
41.30identifies as likely to have been exposed to mercury; and
41.31 (3) 100 voluntary participants from each of two communities that the advisory panel
41.32identifies as likely to have been exposed to perfluorinated chemicals.
41.33 Subd. 2. Base program. Following the conclusion of the pilot program and within
41.34the appropriations available, the program shall:
42.1 (1) collect and assess biospecimens from at least as many voluntary participants and
42.2communities as identified in subdivision 1, clause (1); and
42.3 (2) work with the advisory panel to assess the usefulness of continuing biomonitoring
42.4among members of communities assessed during the initial phase of the program,
42.5and to identify other communities and other designated chemicals to be assessed via
42.6biomonitoring.
42.7 Subd. 3. Participation. (a) Participation in the biomonitoring program by providing
42.8biospecimens is voluntary and requires written, informed consent. Minors may participate
42.9in the program if a written consent is signed by the minor's parent or legal guardian.
42.10The written consent must include the information required to be provided under this
42.11subdivision to all voluntary participants.
42.12 (b) All participants shall be evaluated for the presence of the designated chemical
42.13of interest as a component of the biomonitoring process. Participants shall be provided
42.14with information and fact sheets about the program's activities and its findings.
42.15Individual participants shall, if requested, receive their complete results. Any results
42.16provided to participants shall be subject to the Department of Health Institutional
42.17Review Board protocols and guidelines. When either physiological or chemical data
42.18obtained from a participant indicate a significant known health risk, program staff
42.19experienced in communicating biomonitoring results shall consult with the individual
42.20and recommend follow-up steps, as appropriate. Program administrators shall receive
42.21training in administering the program in an ethical, culturally sensitive, participatory,
42.22and community-based manner.
42.23 Subd. 4. Program guidelines. (a) The commissioner, in consultation with the
42.24advisory panel, shall develop:
42.25 (1) protocols or program guidelines that address the science and practice of
42.26biomonitoring to be utilized and procedures for changing those protocols to incorporate
42.27new and more accurate or efficient technologies as they become available. The protocols
42.28shall be developed utilizing a peer-review process in a manner that is participatory and
42.29community-based in design, implementation, and evaluation;
42.30 (2) guidelines for ensuring the privacy of information; informed consent; follow-up
42.31counseling and support; and communicating findings to participants, communities, and
42.32the general public. The informed consent used for the program must meet the informed
42.33consent protocols developed by the National Institutes of Health;
42.34 (3) educational and outreach materials that are culturally appropriate for
42.35dissemination to program participants and communities. Priority shall be given to the
42.36development of materials specifically designed to ensure that parents are informed about
43.1all of the benefits of breastfeeding so that the program does not result in an unjustified fear
43.2of toxins in breast milk, which might inadvertently lead parents to avoid breastfeeding.
43.3The materials shall communicate relevant scientific findings; data on the accumulation
43.4of pollutants to community health; and the required responses by local, state, and other
43.5governmental entities in regulating toxicant exposures;
43.6 (4) a training program that is culturally sensitive specifically for health care
43.7providers, health educators, and other program administrators;
43.8 (5) a designation process for state and private laboratories that are qualified to
43.9analyze biospecimens and report the findings; and
43.10 (6) a method for informing affected communities and local governments representing
43.11those communities concerning biomonitoring activities and for receiving comments from
43.12citizens concerning those activities.
43.13 (b) The commissioner may enter into contractual agreements with health clinics,
43.14community-based organizations, or experts in a particular field to perform any of the
43.15activities described under this section.
43.16 Sec. 29. [144.998] ENVIRONMENTAL HEALTH TRACKING AND
43.17BIOMONITORING ADVISORY PANEL.
43.18 Subdivision 1. Creation. The commissioner shall establish the Environmental
43.19Health Tracking and Biomonitoring Advisory Panel. The commissioner shall appoint,
43.20from the panel's membership, a chair. The panel shall meet as often as it deems necessary
43.21but, at a minimum, on a quarterly basis. Members of the panel shall serve without
43.22compensation but shall be reimbursed for travel and other necessary expenses incurred
43.23through performance of their duties. Members appointed under this subdivision are
43.24appointed for a three-year term and may be reappointed.
43.25 Subd. 2. Members. The commissioner shall appoint eight members who have
43.26backgrounds or training in designing, implementing, and interpreting health tracking and
43.27biomonitoring studies or in related fields of science, including epidemiology, biostatistics,
43.28environmental health, laboratory sciences, occupational health, industrial hygiene,
43.29toxicology, and public health, including:
43.30 (1) two scientists who represent nongovernmental organizations with a focus on
43.31environmental health, environmental justice, children's health, or on specific chronic
43.32diseases; and
43.33 (2) one scientist who is a representative of the University of Minnesota.
44.1 In addition, the commissioner shall appoint one member representing each of the
44.2following departments or divisions: the department's health promotion and chronic disease
44.3division, the Pollution Control Agency, and the Department of Agriculture.
44.4 Subd. 3. Duties. The advisory panel shall make recommendations to the
44.5commissioner and the legislature on:
44.6 (1) priorities for health tracking;
44.7 (2) priorities for biomonitoring that are based on sound science and practice, and
44.8that will advance the state of public health in Minnesota;
44.9 (3) specific chronic diseases to study under the environmental health tracking system;
44.10 (4) specific environmental pollutant exposures to study under the environmental
44.11health tracking system;
44.12 (5) specific communities and geographic areas on which to focus environmental
44.13health tracking and biomonitoring efforts;
44.14 (6) specific chemicals and metals to study under the biomonitoring program that
44.15meet the following criteria:
44.16 (i) the degree of potential exposure to the public or specific subgroups, including,
44.17but not limited to, occupational;
44.18 (ii) the likelihood of a chemical being a carcinogen or toxicant based on
44.19peer-reviewed health data, the chemical structure, or the toxicology of chemically related
44.20compounds;
44.21 (iii) the limits of laboratory detection for the chemical, including the ability to detect
44.22the chemical at low enough levels that could be expected in the general population;
44.23 (iv) exposure or potential exposure to the public or specific subgroups;
44.24 (v) the known or suspected health effects resulting from the same level of exposure
44.25based on peer-reviewed scientific studies;
44.26 (vi) the need to assess the efficacy of public health actions to reduce exposure to a
44.27chemical;
44.28 (vii) the availability of a biomonitoring analytical method with adequate accuracy,
44.29precision, sensitivity, specificity, and speed;
44.30 (viii) the availability of adequate biospecimen samples; and
44.31 (ix) other criteria that the panel may agree to; and
44.32 (7) other aspects of the design, implementation, and evaluation of the environmental
44.33health tracking and biomonitoring system, including, but not limited to:
44.34 (i) identifying possible community partners and sources of additional public or
44.35private funding;
44.36 (ii) developing outreach and educational methods and materials; and
45.1 (iii) disseminating environmental health tracking and biomonitoring findings to
45.2the public.
45.3 Subd. 4. Liability. No member of the panel shall be held civilly or criminally liable
45.4for an act or omission by that person if the act or omission was in good faith and within
45.5the scope of the member's responsibilities under sections 144.995 to 144.998.
45.6 Sec. 30. Minnesota Statutes 2006, section 144E.101, subdivision 6, is amended to read:
45.7 Subd. 6. Basic life support. (a) Except as provided in paragraph (e), a basic life
45.8support ambulance shall be staffed by at least two ambulance service personnel, at least
45.9one of which must be an EMT, who provide a level of care so as to ensure that:
45.10 (1) life-threatening situations and potentially serious injuries are recognized;
45.11 (2) patients are protected from additional hazards;
45.12 (3) basic treatment to reduce the seriousness of emergency situations is administered;
45.13and
45.14 (4) patients are transported to an appropriate medical facility for treatment.
45.15 (b) A basic life support service shall provide basic airway management.
45.16 (c) By January 1, 2001, a basic life support service shall provide automatic
45.17defibrillation, as provided in section144E.103, subdivision 1 , paragraph (b).
45.18 (d) A basic life support service licensee's medical director may authorize the
45.19ambulance service personnel to carry and to use medical antishock trousers and to perform
45.20intravenous infusion if the ambulance service personnel have been properly trained.
45.21 (e) Upon application from an ambulance service that includes evidence
45.22demonstrating hardship, the board may grant atemporary variance from the staff
45.23requirements in paragraph (a) and may authorize a basic life support ambulance to be
45.24staffed by one EMT and one first responder. The variance shall apply to basic life support
45.25ambulances operated by the ambulance servicefor up to one year from the date of the
45.26variance's issuance until the ambulance service renews its license. When a variance
45.27expires, an ambulance service may apply for a new variance under this paragraph. For
45.28purposes of this paragraph, "ambulance service" means either an ambulance service whose
45.29primary service area is located outside the metropolitan counties listed in section473.121,
45.30subdivision 4 , and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
45.31Cloud; or an ambulance service based in a community with a population of less than 1,000.
45.32 Sec. 31. Minnesota Statutes 2006, section 144E.127, is amended to read:
45.33144E.127 INTERHOSPITAL; INTERFACILITY TRANSFER.
46.1 Subdivision 1. Interhospital transfers. When transporting a patient from one
46.2licensed hospital to another, a licensee may substitute for one of the required ambulance
46.3service personnel, a physician, a registered nurse, or physician's assistant who has been
46.4trained to use the equipment in the ambulance and is knowledgeable of the licensee's
46.5ambulance service protocols.
46.6 Subd. 2. Interfacility transfers. In an interfacility transport, a licensee whose
46.7primary service area is located outside the metropolitan counties listed in section 473.121,
46.8subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
46.9Cloud; or an ambulance service based in a community with a population of less than 1,000,
46.10may substitute one EMT with a registered first responder if an EMT or EMT-paramedic,
46.11physician, registered nurse, or physician's assistant is in the patient compartment. If using
46.12a physician, registered nurse, or physician's assistant as the sole provider in the patient
46.13compartment, the individual must be trained to use the equipment in the ambulance and be
46.14knowledgeable of the ambulance service protocols.
46.15 Sec. 32. Minnesota Statutes 2006, section 144E.35, subdivision 1, is amended to read:
46.16 Subdivision 1. Repayment for volunteer training.Any political subdivision, or
46.17nonprofit hospital or nonprofit corporation operating A licensed ambulance service shall
46.18be reimbursed by the board for the necessary expense of the initial training of a volunteer
46.19ambulance attendant upon successful completion by the attendant of a basic emergency
46.20care course, or a continuing education course for basic emergency care, or both, which has
46.21been approved by the board, pursuant to section144E.285 . Reimbursement may include
46.22tuition, transportation, food, lodging, hourly payment for the time spent in the training
46.23course, and other necessary expenditures, except that in no instance shall a volunteer
46.24ambulance attendant be reimbursed more than$450 $600 for successful completion of a
46.25basic course, and$225 $275 for successful completion of a continuing education course.
46.26 Sec. 33. Minnesota Statutes 2006, section 145A.17, is amended to read:
46.27145A.17 FAMILY HOME VISITING PROGRAMS.
46.28 Subdivision 1. Establishment; goals. The commissioner shall establish a program
46.29to fund family home visiting programs designed to fostera healthy beginning for children
46.30in families at or below 200 percent of the federal poverty guidelines beginnings, improve
46.31pregnancy outcomes, promote school readiness, prevent child abuse and neglect, reduce
46.32juvenile delinquency, promote positive parenting and resiliency in children, and promote
46.33family health and economic self-sufficiency for children and families. The commissioner
46.34shall promote partnerships, collaboration, and multidisciplinary visiting done by teams of
47.1professionals and paraprofessionals from the fields of public health nursing, social work,
47.2and early childhood education. A program funded under this section must serve families
47.3at or below 200 percent of the federal poverty guidelines, and other families determined
47.4to be at risk, including but not limited to being at risk for child abuse, child neglect, or
47.5juvenile delinquency. Programs mustgive priority for services to families considered to
47.6be in need of services, including but not limited to begin prenatally whenever possible and
47.7must be targeted to families with:
47.8 (1) adolescent parents;
47.9 (2) a history of alcohol or other drug abuse;
47.10 (3) a history of child abuse, domestic abuse, or other types of violence;
47.11 (4) a history of domestic abuse, rape, or other forms of victimization;
47.12 (5) reduced cognitive functioning;
47.13 (6) a lack of knowledge of child growth and development stages;
47.14 (7) low resiliency to adversities and environmental stresses;or
47.15 (8) insufficient financial resources to meet family needs;
47.16 (9) a history of homelessness;
47.17 (10) a risk of long-term welfare dependence or family instability due to employment
47.18barriers; or
47.19 (11) other risk factors as determined by the commissioner.
47.20 Subd. 3. Requirements for programs; process. (a)Before a community health
47.21board or tribal government may receive an allocation under subdivision 2, a community
47.22health board or tribal government must submit a proposal to the commissioner that
47.23includes identification, based on a community assessment, of the populations at or below
47.24200 percent of the federal poverty guidelines that will be served and the other populations
47.25that will be served. Each program that receives funds must Community health boards
47.26and tribal governments that receive funding under this section must submit a plan to
47.27the commissioner describing a multidisciplinary approach to targeted home visiting for
47.28families. The plan must be submitted on forms provided by the commissioner. At a
47.29minimum, the plan must include the following:
47.30 (1) a description of outreach strategies to families prenatally or at birth;
47.31 (2) provisions for the seamless delivery of health, safety, and early learning services;
47.32 (3) methods to promote continuity of services when families move within the state;
47.33 (4) a description of the community demographics;
47.34 (5) a plan for meeting outcome measures; and
47.35 (6) a proposed work plan that includes:
47.36 (i) coordination to ensure nonduplication of services for children and families;
48.1 (ii) a description of the strategies to ensure that children and families at greatest risk
48.2receive appropriate services; and
48.3 (iii) collaboration with multidisciplinary partners including public health,
48.4ECFE, Head Start, community health workers, social workers, community home
48.5visiting programs, school districts, and other relevant partners. Letters of intent from
48.6multidisciplinary partners must be submitted with the plan.
48.7 (b) Each program that receives funds must accomplish the following program
48.8requirements:
48.9 (1) useeither a broad community-based or selective community-based strategy to
48.10provide preventive and early intervention home visiting services;
48.11 (2) offer a home visit by a trained home visitor. If a home visit is accepted, the first
48.12home visit must occur prenatally or as soon after birth as possible and must include a
48.13public health nursing assessment by a public health nurse;
48.14 (3) offer, at a minimum, information on infant care, child growth and development,
48.15positive parenting, preventing diseases, preventing exposure to environmental hazards,
48.16and support services available in the community;
48.17 (4) provide information on and referrals to health care services, if needed, including
48.18information on and assistance in applying for health care coverage for which the child or
48.19family may be eligible; and provide information on preventive services, developmental
48.20assessments, and the availability of public assistance programs as appropriate;
48.21 (5) provide youth development programs when appropriate;
48.22 (6) recruit home visitors who will represent, to the extent possible, the races,
48.23cultures, and languages spoken by families that may be served;
48.24 (7) train and supervise home visitors in accordance with the requirements established
48.25under subdivision 4;
48.26 (8) maximize resources and minimize duplication by coordinatingactivities or
48.27contracting with local social and human services organizations, education organizations,
48.28and other appropriate governmental entities and community-based organizations and
48.29agencies;and
48.30 (9) utilize appropriate racial and ethnic approaches to providing home visiting
48.31services; and
48.32 (10) connect eligible families, as needed, to additional resources available in the
48.33community, including, but not limited to, early care and education programs, health or
48.34mental health services, family literacy programs, employment agencies, social services,
48.35and child care resources and referral agencies.
49.1 (c) When available, programs that receive funds under this section must offer or
49.2provide the family with a referral to center-based or group meetings that meet at least
49.3once per month for those families identified with additional needs. The meetings must
49.4focus on further enhancing the information, activities, and skill-building addressed during
49.5home visitation; offering opportunities for parents to meet with and support each other;
49.6and offering infants and toddlers a safe, nurturing, and stimulating environment for
49.7socialization and supervised play with qualified teachers.
49.8(b) (d) Funds available under this section shall not be used for medical services. The
49.9commissioner shall establish an administrative cost limit for recipients of funds. The
49.10outcome measures established under subdivision 6 must be specified to recipients of
49.11funds at the time the funds are distributed.
49.12(c) (e) Data collected on individuals served by the home visiting programs must
49.13remain confidential and must not be disclosed by providers of home visiting services
49.14without a specific informed written consent that identifies disclosures to be made.
49.15Upon request, agencies providing home visiting services must provide recipients with
49.16information on disclosures, including the names of entities and individuals receiving the
49.17information and the general purpose of the disclosure. Prospective and current recipients
49.18of home visiting services must be told and informed in writing that written consent for
49.19disclosure of data is not required for access to home visiting services.
49.20 Subd. 4. Training. The commissioner shall establish training requirements for
49.21home visitors and minimum requirements for supervisionby a public health nurse. The
49.22requirements for nurses must be consistent with chapter 148. The commissioner must
49.23provide training for home visitors. Training must includechild development, positive
49.24parenting techniques, screening and referrals for child abuse and neglect, and diverse
49.25cultural practices in child rearing and family systems the following:
49.26 (1) effective relationships for engaging and retaining families and ensuring family
49.27health, safety, and early learning;
49.28 (2) effective methods of implementing parent education, conducting home visiting,
49.29and promoting quality early childhood development;
49.30 (3) early childhood development from birth to age five;
49.31 (4) diverse cultural practices in child rearing and family systems;
49.32 (5) recruiting, supervising, and retaining qualified staff;
49.33 (6) increasing services for underserved populations; and
49.34 (7) relevant issues related to child welfare and protective services, with information
49.35provided being consistent with state child welfare agency training.
50.1 Subd. 5. Technical assistance. The commissioner shall provide administrative
50.2and technical assistance to each program, including assistance in data collection and
50.3other activities related to conducting short- and long-term evaluations of the programs
50.4as required under subdivision 7. The commissioner may request research and evaluation
50.5support from the University of Minnesota.
50.6 Subd. 6. Outcome and performance measures. The commissioner shall establish
50.7outcomes measures to determine the impact of family home visiting programs funded
50.8under this section on the following areas:
50.9 (1) appropriate utilization of preventive health care;
50.10 (2) rates of substantiated child abuse and neglect;
50.11 (3) rates of unintentional child injuries;
50.12 (4) rates of children who are screened and who pass early childhood screening;and
50.13 (5) rates of children accessing early care and educational services;
50.14 (6) program retention rates;
50.15 (7) number of home visits provided compared to the number of home visits planned;
50.16 (8) participant satisfaction;
50.17 (9) rates of at-risk populations reached; and
50.18 (10) any additional qualitative goals and quantitative measures established by the
50.19commissioner.
50.20 Subd. 7. Evaluation. Using the qualitative goals and quantitative outcome and
50.21performance measures established under subdivisions 1 and 6, the commissioner shall
50.22conduct ongoing evaluations of the programs funded under this section. Community
50.23health boards and tribal governments shall cooperate with the commissioner in the
50.24evaluations and shall provide the commissioner with the information necessary to conduct
50.25the evaluations. As part of the ongoing evaluations, the commissioner shall rate the impact
50.26of the programs on the outcome measures listed in subdivision 6, and shall periodically
50.27determine whether home visiting programs are the best way to achieve the qualitative
50.28goals established under subdivisions 1 and 6. If the commissioner determines that home
50.29visiting programs are not the best way to achieve these goals, the commissioner shall
50.30provide the legislature with alternative methods for achieving them.
50.31 Subd. 8. Report. By January 15, 2002, and January 15 of each even-numbered
50.32year thereafter, the commissioner shall submit a report to the legislature on the family
50.33home visiting programs funded under this section and on the results of the evaluations
50.34conducted under subdivision 7.
51.1 Subd. 9. No supplanting of existing funds. Funding available under this section
51.2may be used only to supplement, not to replace, nonstate funds being used for home
51.3visiting services as of July 1, 2001.
51.4 Sec. 34. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision
51.5to read:
51.6 Subd. 10a. Program for the Assessment of Veterinary Education Equivalence;
51.7PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence"
51.8or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
51.9indicating that the holder has demonstrated knowledge and skill equivalent to that
51.10possessed by a graduate of an accredited or approved college of veterinary medicine.
51.11 Sec. 35. [156.015] FEES.
51.12 Subdivision 1. Verification of licensure. The board may charge a fee of $25 per
51.13license verification to a licensee for verification of licensure status provided to other
51.14veterinary licensing boards.
51.15 Subd. 2. Continuing education review. The board may charge a fee of $50 per
51.16submission to a sponsor for review and approval of individual continuing education
51.17seminars, courses, wet labs, and lectures. This fee does not apply to continuing education
51.18sponsors that already meet the criteria for preapproval under Minnesota Rules, part
51.199100.1000, subpart 3, item A.
51.20 Sec. 36. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
51.21 Subdivision 1. License application. Application for a license to practice veterinary
51.22medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a
51.23form furnished by the board, accompanied by satisfactory evidence that the applicant is at
51.24least 18 years of age, is of good moral character, and has one of the following:
51.25 (1) a diploma conferring the degree of doctor of veterinary medicine, or an
51.26equivalent degree, from an accredited or approved college of veterinary medicine;
51.27 (2) an ECFVG or PAVE certificate; or
51.28 (3) a certificate from the dean of an accredited or approved college of veterinary
51.29medicine stating that the applicant is a student in good standing expecting to be graduated
51.30at the completion of the current academic year of the college in which the applicant is
51.31enrolled.
51.32 The application shall contain the information and material required by subdivision
51.332 and any other information that the board may, in its sound judgment, require. The
52.1application shall be filed with the board at least 60 days before the date of the examination.
52.2If the board deems it advisable, it may require that such application be verified by the
52.3oath of the applicant.
52.4 Sec. 37. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
52.5 Subd. 2. Required with application. Every application shall contain the following
52.6information and material:
52.7 (1) the application fee set by the board in the form of a check or money order payable
52.8to the board, which fee is not returnable in the event permission to take the examination
52.9is denied for good cause;
52.10 (2) a copy of a diploma from an accredited or approved college of veterinary
52.11medicine or a certificate from the dean or secretary of an accredited or approved college of
52.12veterinary medicine showing the time spent in the school and the date when the applicant
52.13was duly and regularly graduated or will duly and regularly graduate or verification of
52.14ECFVG or PAVE certification;
52.15 (3) affidavits of at least two veterinarians and three adults who are not related to
52.16the applicant setting forth how long a time, when, and under what circumstances they
52.17have known the applicant, and any other facts as may be proper to enable the board to
52.18determine the qualifications of the applicant; and
52.19 (4) if the applicant has served in the armed forces, a copy of discharge papers.
52.20 Sec. 38. Minnesota Statutes 2006, section 156.04, is amended to read:
52.21156.04 BOARD TO ISSUE LICENSE.
52.22 The Board of Veterinary Medicine shall issue to every applicant who has successfully
52.23passed the required examination, who has received a diploma conferring the degree of
52.24doctor of veterinary medicine or an equivalent degree from an accredited or approved
52.25college of veterinary medicine or an ECFVG or PAVE certificate, and who shall have been
52.26adjudged to be duly qualified to practice veterinary medicine, a license to practice.
52.27 Sec. 39. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
52.28 Subd. 2. Required with application. Such doctor of veterinary medicine shall
52.29accompany the application by the following:
52.30 (1) a copy of a diploma from an accredited or approved college of veterinary
52.31medicine or certification from the dean, registrar, or secretary of an accredited or approved
52.32college of veterinary medicine attesting to the applicant's graduation from an accredited
53.1or approved college of veterinary medicine, or a certificate of satisfactory completion of
53.2the ECFVG or PAVE program.
53.3 (2) affidavits of two licensed practicing doctors of veterinary medicine residing in
53.4the United States or Canadian licensing jurisdiction in which the applicant is currently
53.5practicing, attesting that they are well acquainted with the applicant, that the applicant is a
53.6person of good moral character, and has been actively engaged in practicing or teaching in
53.7such jurisdiction for the period above prescribed;
53.8 (3) a certificate from the regulatory agency having jurisdiction over the conduct of
53.9practice of veterinary medicine that such applicant is in good standing and is not the
53.10subject of disciplinary action or pending disciplinary action;
53.11 (4) a certificate from all other jurisdictions in which the applicant holds a currently
53.12active license or held a license within the past ten years, stating that the applicant is and
53.13was in good standing and has not been subject to disciplinary action;
53.14 (5) in lieu of clauses (3) and (4), certification from the Veterinary Information
53.15Verification Agency that the applicant's licensure is in good standing;
53.16 (6) a fee as set by the board in form of check or money order payable to the board,
53.17no part of which shall be refunded should the application be denied;
53.18 (7) score reports on previously taken national examinations in veterinary medicine,
53.19certified by the Veterinary Information Verification Agency; and
53.20 (8) if requesting waiver of examination, provide evidence of meeting licensure
53.21requirements in the state of the applicant's original licensure that were substantially equal
53.22to the requirements for licensure in Minnesota in existence at that time.
53.23 Sec. 40. Minnesota Statutes 2006, section 156.073, is amended to read:
53.24156.073 TEMPORARY PERMIT.
53.25 The board may issue without examination a temporary permit to practice veterinary
53.26medicine in this state to a person who has submitted an application approved by the
53.27board for license pending examination, and holds a doctor of veterinary medicine degree
53.28or an equivalent degree from an approved or accredited college of veterinary medicine
53.29or an ECFVG or PAVE certification. The temporary permit shall expire the day after
53.30publication of the notice of results of the first examination given after the permit is
53.31issued. No temporary permit may be issued to any applicant who has previously failed
53.32the national examination and is currently not licensed in any licensing jurisdiction of the
53.33United States or Canada or to any person whose license has been revoked or suspended
53.34or who is currently subject to a disciplinary order in any licensing jurisdiction of the
53.35United States or Canada.
54.1 Sec. 41. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
54.2 Subd. 2. Authorized activities. No provision of this chapter shall be construed to
54.3prohibit:
54.4 (a) a person from rendering necessary gratuitous assistance in the treatment of any
54.5animal when the assistance does not amount to prescribing, testing for, or diagnosing,
54.6operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
54.7procured;
54.8 (b) a person who is a regular student in an accredited or approved college of
54.9veterinary medicine from performing duties or actions assigned by instructors or
54.10preceptors or working under the direct supervision of a licensed veterinarian;
54.11 (c) a veterinarian regularly licensed in another jurisdiction from consulting with a
54.12licensed veterinarian in this state;
54.13 (d) the owner of an animal and the owner's regular employee from caring for and
54.14administering to the animal belonging to the owner, except where the ownership of the
54.15animal was transferred for purposes of circumventing this chapter;
54.16 (e) veterinarians who are in compliance with subdivision 6 and who are employed by
54.17the University of Minnesota from performing their duties with the College of Veterinary
54.18Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
54.19Service, Medical School, School of Public Health, or other unit within the university; or
54.20a person from lecturing or giving instructions or demonstrations at the university or in
54.21connection with a continuing education course or seminar to veterinarians or pathologists
54.22at the University of Minnesota Veterinary Diagnostic Laboratory;
54.23 (f) any person from selling or applying any pesticide, insecticide or herbicide;
54.24 (g) any person from engaging in bona fide scientific research or investigations which
54.25reasonably requires experimentation involving animals;
54.26 (h) any employee of a licensed veterinarian from performing duties other than
54.27diagnosis, prescription or surgical correction under the direction and supervision of the
54.28veterinarian, who shall be responsible for the performance of the employee;
54.29 (i) a graduate of a foreign college of veterinary medicine from working under the
54.30direct personal instruction, control, or supervision of a veterinarian faculty member of
54.31the College of Veterinary Medicine, University of Minnesota in order to complete the
54.32requirements necessary to obtain an ECFVG or PAVE certificate.
54.33 Sec. 42. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
54.34 Subd. 4. Titles. It is unlawful for a person who has not received a professional
54.35degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE
55.1certification, to use any of the following titles or designations: Veterinary, veterinarian,
55.2animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
55.3or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
55.4indicate that the person is qualified to practice veterinary medicine.
55.5 Sec. 43. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
55.6 Subd. 6. Faculty licensure. (a) Veterinary Medical Center clinicians at the College
55.7of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
55.8veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
55.9the Veterinary Medical Center must possess the same license required by other veterinary
55.10practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
55.11 (b) A specialty practitioner in a hard-to-fill faculty position who has been employed
55.12at the College of Veterinary Medicine, University of Minnesota, for five years or
55.13more prior to 2003 or is specialty board certified by the American Veterinary Medical
55.14Association or the European Board of Veterinary Specialization may be granted a specialty
55.15faculty Veterinary Medical Center clinician license which will allow the licensee to
55.16practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
55.17training and only within the scope of employment at the Veterinary Medical Center.
55.18 (c) A specialty practitioner in a hard-to-fill faculty position at the College of
55.19Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
55.20foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
55.21clinician license. The temporary faculty Veterinary Medical Center clinician license
55.22expires in two years and allows the licensee to practice veterinary medicine as defined
55.23in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
55.24The temporary faculty Veterinary Medical Center clinician license allows the licensee to
55.25practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
55.26training and only within the scope of employment at the Veterinary Medical Center while
55.27under the direct supervision of a veterinarian currently licensed and actively practicing
55.28veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
55.29veterinarian shall not have any current or past conditions, restrictions, or probationary
55.30status imposed on the veterinarian's license by the board within the past five years. The
55.31holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
55.32in a PhD program may apply for up to two additional consecutive two-year extensions
55.33of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
55.34holder of a temporary faculty Veterinary Medical Center clinician license may apply for
55.35one two-year extension of the expiring temporary faculty Veterinary Medical Center
56.1clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
56.2allowed to expire may not be renewed. The board shall grant an extension to a licensee
56.3who demonstrates suitable progress toward completing the requirements of their academic
56.4program, specialty board certification, or full licensure in Minnesota by a graduate of a
56.5foreign veterinary college.
56.6 (d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
56.7must abide by all the laws governing the practice of veterinary medicine in the state
56.8of Minnesota and are subject to the same disciplinary action as any other veterinarian
56.9licensed in the state of Minnesota.
56.10 (e) The fee for a license issued under this subdivision is the same as for a regular
56.11license to practice veterinary medicine in Minnesota. License payment deadlines, late
56.12payment fees, and other license requirements are also the same as for regular licenses.
56.13 Sec. 44. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
56.14 Subd. 2. Service. Service of an order under this section is effective if the order is
56.15served on the person or counsel of record personally or bycertified United States mail to
56.16the most recent address provided to the board for the person or counsel of record.
56.17 Sec. 45. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
56.18 Subd. 3. Dispensing. "Dispensing" means distribution of veterinary prescription
56.19drugs or over-the-counter drugs for extra-label use or human drugs for extra-label use by a
56.20person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
56.21Board of Veterinary Medicine.
56.22 Sec. 46. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
56.23 Subd. 10. Prescription. "Prescription" means an order from a veterinarian to a
56.24pharmacist or another veterinarian authorizing the dispensing ofa veterinary prescription
56.25drug drugs, human drugs for extra-label use, or over-the counter drugs for extra-label use
56.26to a client for use on or in a patient.
56.27 Sec. 47. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
56.28 Subdivision 1. Prescription. (a) A person may not dispense a veterinary
56.29prescription drug to a client without a prescription or other veterinary authorization. A
56.30person may not make extra-label use of an animal or human drug for an animal without a
56.31prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
56.32may dispensea veterinary prescription drug to drugs, human drugs for extra-label use, or
57.1an over-the-counter drug for extra-label use by a clientor oversee the extra-label use of
57.2a veterinary drug directly by a client without a separate written prescription, providing
57.3there is documentation of the prescription in the medical record and there is an existing
57.4veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use
57.5of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
57.6drugs for extra-label use by a client.
57.7 (b) A veterinarian may dispense prescription veterinary drugs and prescribe and
57.8dispense extra-label use drugs to a client without personally examining the animal if
57.9a bona fide veterinarian-client-patient relationship exists and in the judgment of the
57.10veterinarian the client has sufficient knowledge to use the drugs properly.
57.11 (c) A veterinarian may issue a prescription or other veterinary authorization by oral or
57.12written communication to the dispenser, or by computer connection. If the communication
57.13is oral, the veterinarian must enter it into the patient's record. The dispenser must record
57.14the veterinarian's prescription or other veterinary authorization within 72 hours.
57.15 (d) A prescription or other veterinary authorization must include:
57.16 (1) the name, address, and, if written, the signature of the prescriber;
57.17 (2) the name and address of the client;
57.18 (3) identification of the species for which the drug is prescribed or ordered;
57.19 (4) the name, strength, and quantity of the drug;
57.20 (5) the date of issue;
57.21 (6) directions for use;and
57.22 (7) withdrawal time., if applicable; and
57.23 (8) number of authorized refills.
57.24 (e) A veterinarian may, in the course of professional practice and an existing
57.25veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
57.26by the United States Food and Drug Administration and other legally obtained ingredients
57.27with appropriate vehicles.
57.28 (f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
57.29prescription drugs to a person on the basis of a prescription issued by a licensed
57.30veterinarian. The provisions of paragraphs (c) and (d) apply.
57.31 (g) This section does not limit the authority of the Minnesota Racing Commission to
57.32regulate veterinarians providing services at a licensed racetrack.
57.33 Sec. 48. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
57.34 Subd. 2. Label of dispensed veterinary drugs. (a) A veterinarian or the
57.35veterinarian's authorized agent or employee dispensing a veterinary prescription drug
58.1or prescribing the extra-label use of an over-the-counter drug, an over-the-counter drug
58.2for extra-label use, or a human drug for extra-label use must provide written information
58.3which includes the name and address of the veterinarian, date of filling, species of patient,
58.4name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
58.5and cautionary statements, if any, appropriate for the drug.
58.6 (b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
58.7dispenser, all of the information required in paragraph (a) must be provided on a label
58.8affixed to the container.
58.9 (c) If the veterinary drug is in the manufacturer's original package, the information
58.10required in paragraph (a) must be supplied in writing but need not be affixed to the
58.11container. Information required in paragraph (a) that is provided by the manufacturer on
58.12the original package does not need to be repeated in the separate written information.
58.13Written information required by this paragraph may be written on the sales invoice.
58.14 Sec. 49. Minnesota Statutes 2006, section 156.19, is amended to read:
58.15156.19 EXTRA-LABEL USE.
58.16 A person, other than a veterinarian ora person working under the control an
58.17employee of a veterinarian, must not make extra-label use of a veterinary drug in or
58.18on a food-producing animal, unless permitted by the prescription of a veterinarian. A
58.19veterinarian may prescribe the extra-label use of aveterinary drug if:
58.20 (1) the veterinarian makes a careful medical diagnosis within the context of a valid
58.21veterinarian-client-patient relationship;
58.22 (2) the veterinarian determines that there is no marketed drug specifically labeled to
58.23treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
58.24the judgment of the attending veterinarian, been found to be clinically ineffective;
58.25 (3) the veterinarian recommends procedures to ensure that the identity of the treated
58.26animal will be carefully maintained;and
58.27 (4) the veterinarian prescribes a significantly extended time period for drug
58.28withdrawal before marketing meat, milk, or eggs.; and
58.29 (5) the veterinarian has met the criteria established in Code of Federal Regulations,
58.30title 21, part 530, which define the extra-label use of medication in or on animals.
58.31 Sec. 50. Minnesota Statutes 2006, section 198.075, is amended to read:
58.32198.075 MINNESOTA VETERANS HOME EMPLOYEES; EXCLUDED
58.33FROM COMMISSARY PRIVILEGES.
59.1 Except as provided in this section, no commissary privileges including food, laundry
59.2service, janitorial service, and household supplies shall be furnished to any employee of
59.3the Minnesota veterans homes. An employee of the Minnesota veterans homes who works
59.4a second shift that is consecutive with a regularly scheduled shift may be allowed one free
59.5meal at the veterans home on the day of that extra shift.
59.6 Sec. 51. Minnesota Statutes 2006, section 256B.0625, subdivision 14, is amended to
59.7read:
59.8 Subd. 14. Diagnostic, screening, and preventive services. (a) Medical assistance
59.9covers diagnostic, screening, and preventive services.
59.10 (b) "Preventive services" include services related to pregnancy, including:
59.11 (1) services for those conditions which may complicate a pregnancy and which may
59.12be available to a pregnant woman determined to be at risk of poor pregnancy outcome;
59.13 (2) prenatal HIV risk assessment, education, counseling, and testing; and
59.14 (3) alcohol abuse assessment, education, and counseling on the effects of alcohol
59.15usage while pregnant. Preventive services available to a woman at risk of poor pregnancy
59.16outcome may differ in an amount, duration, or scope from those available to other
59.17individuals eligible for medical assistance.
59.18 (c) "Screening services" include, but are not limited to, blood lead tests. Screening
59.19services also include, for children with blood lead levels equal to or greater than five
59.20micrograms of lead per deciliter of whole blood, environmental investigations to
59.21determine the source of lead exposure. Reimbursement is limited to a health professional's
59.22time and activities during an on-site investigation of a child's home or primary residence.
59.23 Sec. 52. Minnesota Statutes 2006, section 256B.0625, is amended by adding a
59.24subdivision to read:
59.25 Subd. 49. Lead risk assessments. (a) Effective October 1, 2007, or six months after
59.26federal approval, whichever is later, medical assistance covers lead risk assessments
59.27provided by a lead risk assessor who is licensed by the commissioner of health under
59.28section 144.9505 and employed by an assessing agency as defined in section 144.9501.
59.29Medical assistance covers a onetime on-site investigation of a recipient's home or primary
59.30residence to determine the existence of lead so long as the recipient is under the age
59.31of 21 and has a venous blood lead level specified in section 144.9504, subdivision 2,
59.32paragraph (a).
59.33 (b) Medical assistance reimbursement covers the lead risk assessor's time to
59.34complete the following activities:
60.1 (1) gathering samples;
60.2 (2) interviewing family members;
60.3 (3) gathering data, including meter readings; and
60.4 (4) providing a report with the results of the investigation and options for reducing
60.5lead-based paint hazards.
60.6 Medical assistance coverage of lead risk assessment does not include testing of
60.7environmental substances such as water, paint, or soil or any other laboratory services.
60.8Medical assistance coverage of lead risk assessments is not included in the capitated
60.9services for children enrolled in health plans through the prepaid medical assistance
60.10program and the MinnesotaCare program.
60.11 (c) Payment for lead risk assessment must be cost-based and must meet the criteria
60.12for federal financial participation under the Medicaid program. The rate must be based
60.13on allowable expenditures from cost information gathered. Under section 144.9507,
60.14subdivision 5, federal medical assistance funds may not replace existing funding for
60.15lead-related activities. The nonfederal share of costs for services provided under this
60.16subdivision must be from state or local funds and is the responsibility of the agency
60.17providing the risk assessment. Eligible expenditures for the nonfederal share of costs may
60.18not be made from federal funds or funds used to match other federal funds. Any federal
60.19disallowances are the responsibility of the agency providing risk assessment services.
60.20 Sec. 53. [325.172] BISPHENOL-A IN PRODUCTS FOR CHILDREN.
60.21 Subdivision. 1. Bisphenol-A and phthalates committee. The commissioner of
60.22health shall create a committee under the direction of the environmental health division of
60.23the Department of Health to study the scientific literature and make recommendations to
60.24the legislature on the health impact of bisphenol-A and phthalates on children in products
60.25intended for use by young children, including, but not limited to, toys, pacifiers, baby
60.26bottles, and teethers, and report back by January 15, 2008. The committee shall also
60.27identify least harmful alternatives. Of the seven committee members at least one shall be a
60.28representative of the Department of Health, one shall be a representative of environmental
60.29health sciences research, one shall be a representative of the Minnesota Nurses
60.30Association, one shall be a representative of environmental health consumer advocates,
60.31one shall be a member of a children's product manufacturer's association, and one shall be
60.32a representative of the University of Minnesota, chemical plastics research department.
60.33 Subd. 2. Definitions. For the purposes of this section, the following terms have
60.34the meanings given them:
61.1 (a) "Toy" means all products designed or intended by the manufacturer to be used by
61.2children when they play.
61.3 (b) "Child care article" means all products designed or intended by the manufacturer
61.4to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or
61.5teething.
61.6 Sec. 54. [325E.385] PRODUCTS CONTAINING POLYBROMINATED
61.7DIPHENYL ETHER.
61.8 Subdivision 1. Definitions. For the purposes of sections 325E.386 to 325E.388,
61.9the terms in this section have the meanings given them.
61.10 Subd. 2. Commercial decabromodiphenyl ether. "Commercial
61.11decabromodiphenyl ether" means the chemical mixture of decabromodiphenyl ether,
61.12including associated polybrominated diphenyl ether impurities not intentionally added.
61.13 Subd. 3. Commissioner. "Commissioner" means the commissioner of the Pollution
61.14Control Agency.
61.15 Subd. 4. Manufacturer. "Manufacturer" means any person, firm, association,
61.16partnership, corporation, governmental entity, organization, or joint venture that produces
61.17a product containing polybrominated diphenyl ethers or an importer or domestic
61.18distributor of a noncomestible product containing polybrominated diphenyl ethers.
61.19 Subd. 5. Polybrominated diphenyl ethers or PBDE's. "Polybrominated diphenyl
61.20ethers" or "PBDE's" means chemical forms that consist of diphenyl ethers bound with
61.21bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the
61.22three primary forms of the commercial mixtures known as pentabromodiphenyl ether,
61.23octabromodiphenyl ether, and decabromodiphenyl ether.
61.24 Subd. 6. Retailer. "Retailer" means a person who offers a product for sale at retail
61.25through any means, including, but not limited to, remote offerings such as sales outlets,
61.26catalogs, or the Internet, but does not include a sale that is a wholesale transaction with a
61.27distributor or a retailer.
61.28 Subd. 7. Used product. "Used product" means any product that has been previously
61.29owned, purchased, or sold in commerce. Used product does not include any product
61.30manufactured after January 1, 2008.
61.31 Sec. 55. [325E.386] PRODUCTS CONTAINING CERTAIN
61.32POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS.
61.33 Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
61.34subdivision 3, beginning January 1, 2008, a person may not manufacture, process, or
62.1distribute in commerce a product or flame-retardant part of a product containing more
62.2than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
62.3by mass.
62.4 Subd. 2. Exemptions. The following products containing polybrominated diphenyl
62.5ethers are exempt from subdivision 1:
62.6 (1) the sale or distribution of any used transportation vehicle with component parts
62.7containing polybrominated diphenyl ethers;
62.8 (2) the sale or distribution of any used transportation vehicle parts or new
62.9transportation vehicle parts manufactured before January 1, 2008, that contain
62.10polybrominated diphenyl ethers;
62.11 (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
62.12modification of equipment containing polybrominated diphenyl ethers and used primarily
62.13for military or federally funded space program applications. This exemption does not
62.14cover consumer-based goods with broad applicability;
62.15 (4) the sale or distribution by a business, charity, public entity, or private party of
62.16any used product containing polybrominated diphenyl ethers;
62.17 (5) the manufacture, sale, or distribution of new carpet cushion made from recycled
62.18foam containing more than one-tenth of one percent penta polybrominated diphenyl
62.19ether; or
62.20 (6) medical devices.
62.21 In-state retailers in possession of products on January 1, 2008, that are banned for
62.22sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
62.23this section restricts the ability of a manufacturer, importer, or distributor from transporting
62.24products containing polybrominated diphenyl ethers through the state, or storing such
62.25products in the state for later distribution outside the state.
62.26 Sec. 56. [325E.387] REVIEW OF DECABROMODIPHENYL ETHER.
62.27 Subdivision 1. Commissioner duties. The commissioner in consultation
62.28with the commissioners of health and public safety shall review uses of commercial
62.29decabromodiphenyl ether, availability of technically feasible and safer alternatives, fire
62.30safety and any evidence regarding the potential harm to public health and the environment
62.31posed by commercial decabromodiphenyl ether and the alternatives. The commissioner
62.32must consult with key stakeholders. The commissioner must also review the findings from
62.33similar state and federal agencies and must report their findings and recommendations to
62.34the appropriate committees of the legislature no later than January 15, 2008.
63.1 Subd. 2. State procurement. By January 1, 2008, the commissioner of
63.2administration shall make available for purchase and use by all state agencies only
63.3equipment, supplies, and other products that do not contain polybrominated diphenyl
63.4ethers, unless exempted under section 325E.386, subdivision 2.
63.5 Sec. 57. [325E.388] PENALTIES.
63.6 A manufacturer who violates sections 325E.386 to 325E.388 is subject to a
63.7civil penalty not to exceed $1,000 for each violation in the case of a first offense. A
63.8manufacturer is subject to a civil penalty not to exceed $5,000 for each repeat offense.
63.9Penalties collected under this section must be used by the commissioner to implement
63.10and enforce this section.
63.11 Sec. 58. Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2,
63.12is amended to read:
63.21Family Planning Base Reduction. Base
63.22level funding for the family planning
63.23special projects grant program is reduced
63.24by $1,877,000 each year of the biennium
63.25beginning July 1, 2007, provided that
63.26this reduction shall only take place
63.27upon full implementation of the family
63.28planning project section of the 1115 waiver.
63.29Notwithstanding Minnesota Statutes, section
63.30145.925, the commissioner shall give priority
63.31to community health care clinics providing
63.32family planning services that either serve a
63.33high number of women who do not qualify
63.34for medical assistance or are unable to
63.35participate in the medical assistance program
64.1as a medical assistance provider when
64.2allocating the remaining appropriations.
64.3Notwithstanding section 15, this paragraph
64.4shall not expire.
64.5Shaken Baby Video. Of the state
64.6government special revenue fund
64.7appropriation, $13,000 in 2006 is
64.8appropriated to the commissioner of health
64.9to provide a video to hospitals on shaken
64.10baby syndrome. The commissioner of health
64.11shall assess a fee to hospitals to cover the
64.12cost of the approved shaken baby video and
64.13the revenue received is to be deposited in the
64.14state government special revenue fund.
64.15 Sec. 59. FUNDING FOR ENVIRONMENTAL JUSTICE MAPPING.
64.16 The commissioner of health, in conjunction with the commissioner of the Pollution
64.17Control Agency, shall apply for federal funding to renew and expand the state's
64.18environmental justice mapping capacity in order to promote public health tracking. The
64.19commissioner shall coordinate the project with the Pollution Control Agency and the
64.20Department of Agriculture in order to explore possible links between environmental health
64.21and toxic exposures and to help create a system for environmental public health tracking.
64.22The commissioner shall also make recommendations to the legislature for additional
64.23sources of funding within the state.
64.24EFFECTIVE DATE.This section is effective the day following final enactment.
64.25 Sec. 60. LEGISLATIVE FINDINGS AND PURPOSE.
64.26 The legislature hereby finds that hearing loss occurs in newborn infants more
64.27frequently than any other health condition for which newborn infant screening is required.
64.28Early detection of hearing loss in a child and early intervention and treatment has been
64.29demonstrated to be highly effective in facilitating a child's healthy development in a
64.30manner consistent with the child's age, language acquisition, and cognitive ability.
64.31Without early hearing detection and intervention, children with hearing loss experience
64.32serious delays in language acquisition and social and cognitive development. With
64.33appropriate testing and identification of newborn infants, hearing loss screening will
65.1facilitate early intervention and treatment and will serve the public purpose of promoting
65.2the healthy development of children.
65.3 For these reasons, the legislature hereby determines that it is beneficial and in the
65.4best interests of the development of the children of the state of Minnesota that newborn
65.5infants' hearing be screened.
65.6 Sec. 61. INFORMATION SHARING.
65.7 By August 1, 2007, the commissioner of health, the Pollution Control Agency, the
65.8commissioner of agriculture, and the University of Minnesota are requested to jointly
65.9develop and sign a memorandum of understanding declaring their intent to share new
65.10and existing environmental hazard, exposure, and health outcome data, consistent with
65.11applicable data practices laws, and to cooperate and communicate effectively to ensure
65.12sufficient clarity and understanding of the data between these organizations.
65.13 Sec. 62. COMMISSIONER OF HEALTH REPORT; ROUTINE RADIATION
65.14EMISSIONS.
65.15 The commissioner of health, within the limits of available appropriations, in
65.16cooperation with the utilities that own the Monticello and Prairie Island nuclear plants,
65.17shall issue a report detailing where routine radiation releases go and the health impacts of
65.18the radiation emissions on affected communities. By April 1, 2008, the report must be
65.19distributed to house and senate committees having jurisdiction over public health and to
65.20all communities that are part of the emergency response planning.
65.21 Sec. 63. FRAGRANCE-FREE SCHOOLS EDUCATION PILOT PROJECT.
65.22 Subdivision 1. Purpose. Recognizing that scented products may trigger asthma or
65.23chemical sensitivity reactions in students and school staff, which can contribute to learning
65.24and breathing problems, the commissioner of health shall develop a fragrance-free schools
65.25education pilot project.
65.26 Subd. 2. Education. The commissioner of health, in collaboration with the
65.27commissioner of education and the Minneapolis Board of Education, shall establish a
65.28working group composed of at least three students, two teachers, one school administrator,
65.29and one member of the Minneapolis Board of Education to recommend an education
65.30campaign in Minneapolis public schools to inform students and parents about the
65.31potentially harmful effects of the use of fragrance products on sensitive students and
65.32school personnel in Minneapolis schools. The commissioner shall report findings to the
65.33legislature by February 1, 2008.
66.1EFFECTIVE DATE.This section is effective the day following final enactment.
66.2 Sec. 64. LINDANE COMMITTEE.
66.3 The commissioner of health shall create a committee of stakeholders, including
66.4at least one environmental health research scientist and at least one parent consumer
66.5advocate, to review the scientific literature and make recommendations to the legislature
66.6on the health impact of Lindane on children and report back by January 15, 2008.
66.7 Sec. 65. MEDICAL ASSISTANCE COVERAGE FOR ARSENIC TESTING.
66.8 The commissioner of human services shall ensure that testing for arsenic under
66.9section 1, subdivision 3, is covered under medical assistance.
66.10 Sec. 66. BLOOD LEAD TESTING STUDY.
66.11 The commissioner of health, in consultation with the Department of Human
66.12Services; cities of the first class; health care providers; and other interested parties shall
66.13conduct a study to evaluate blood lead testing methods used to confirm elevated blood
66.14lead status. The study shall examine and/or develop:
66.15 (1) the false positive rate of capillary tests for children less than 72 months old;
66.16 (2) current protocols for conducting capillary testing, including filter paper
66.17methodology;
66.18 (3) existing guidelines and regulations from other states and federal agencies
66.19regarding lead testing;
66.20 (4) recommendations regarding the use of capillary tests to initiate environmental
66.21investigations and case management, including number and timing of tests and fiscal
66.22implications for state and local lead programs; and
66.23 (5) recommendations regarding reducing the state mandatory intervention to ten
66.24micrograms of lead per deciliter of whole blood.
66.25 The commissioner shall submit the results of the study and any recommendations,
66.26including any necessary legislative changes, to the legislature by February 15, 2008.
66.27 Sec. 67. WINDOW SAFETY EDUCATION.
66.28 The commissioner of health shall create in the department's current educational
66.29safety program a component targeted at parents and caregivers of young children to
66.30provide awareness of the need to take precautions to prevent children from falling
66.31through open windows. The commissioner of health shall consult with representatives
66.32of the residential building industry, the window products industry, the child safety
67.1advocacy community, and the Department of Labor and Industry to create the window
67.2safety program component. The program must include the gathering of data about
67.3falls from windows that result in severe injury in order to measure the effectiveness of
67.4the safety program. The commissioner of health may consult with other child safety
67.5advocacy groups, experts, and interested parties in the development and implementation
67.6of the window safety program. The commissioner of health shall prepare and submit
67.7a final report on the window safety program to the legislature by March 1, 2011. The
67.8commissioner shall prepare and submit a yearly progress report to the legislature by
67.9March 1 of each year beginning in 2008 until the submission of the final report. The
67.10final report must include a summary of the safety program, the impact of the program on
67.11children falling from windows, and any recommendations for further study or action.
67.12 Sec. 68. REVISOR'S INSTRUCTION.
67.13 The revisor of statutes shall change the range reference "144.9501 to 144.9509"
67.14to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and
67.15Minnesota Rules.
67.16 Sec. 69. REPEALER.
67.17Laws 2004, chapter 288, article 6, section 27, is repealed.
67.21 The amounts shown in this section summarize direct appropriations, by fund, made
67.22in this article.
67.28 The sums shown in the columns marked "Appropriations" are appropriated to the
67.29agencies and for the purposes specified. The appropriations are from the general fund, or
67.30another named fund, and are available for the fiscal years indicated for each purpose. The
67.31figures "2008" and "2009" used in this act mean that the appropriations listed under them
67.32are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
68.1first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is
68.2fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2007, are
68.3effective the day following final enactment.
68.14This appropriation is for transfer to the
68.15housing development fund. The amounts
68.16that may be spent from this appropriation
68.17for certain programs are specified in the
68.18following subdivisions. Except as otherwise
68.19indicated, this transfer is part of the agency's
68.20permanent budget base.
68.21Of this amount, $3,075,000 the first year
68.22and $3,075,000 the second year are onetime
68.23appropriations from the state's federal TANF
68.24block grant under Title I of Public Law
68.25Number 104-193 to the commissioner of
68.26human services, to reimburse the housing
68.27development fund for assistance under
68.28the programs for families receiving TANF
68.29assistance under the MFIP program. The
68.30commissioner of human services shall make
68.31monthly reimbursements to the housing
68.32development fund. The commissioner
68.33of human services shall not make any
68.34reimbursement which the commissioner
68.35determines would be subject to a penalty
68.36under Code of Federal Regulations, section
69.1262.1. If the appropriation in either year is
69.2insufficient, the appropriation for the other
69.3year is available.
69.6(a) $21,308,000 the first year and $9,622,000
69.7the second year are for the economic
69.8development and housing challenge program
69.9under Minnesota Statutes, section 462A.33,
69.10for housing that:
69.11(i) conserves energy and utilizes sustainable,
69.12healthy building materials;
69.13(ii) preserves sensitive natural areas and
69.14open spaces and minimizes the need for new
69.15infrastructure;
69.16(iii) is accessible to jobs and services through
69.17integration with transportation or transit
69.18systems; and
69.19(iv) expands the mix of housing choices in
69.20a community by diversifying the levels of
69.21housing affordability.
69.22The agency may fund demonstration projects
69.23that have unique approaches to achieving the
69.24housing described above.
69.25(b) The base is reduced by $3,407,000 each
69.26year in fiscal year 2010 and fiscal year 2011.
69.28$15,195,000 the first year and $11,945,000
69.29the second year are for the housing trust fund
69.30account created under Minnesota Statutes,
69.31section 462A.201, for the purposes of that
69.32section. Of this amount, $1,500,000 the first
69.33year and $1,500,000 in the second year is a
69.34onetime appropriation from the state's federal
70.1TANF block grant. The base is reduced by
70.2$3,390,000 each year in fiscal year 2010 and
70.3fiscal year 2011.
70.6$3,400,000 the first year and $3,400,000
70.7the second year are for a rental housing
70.8assistance program for persons with a mental
70.9illness or families with an adult member with
70.10a mental illness under Minnesota Statutes,
70.11section 462A.2097.
70.13$7,565,000 the first year and $7,565,000
70.14the second year are for family homeless
70.15prevention and assistance programs under
70.16Minnesota Statutes, section 462A.204. Of
70.17this amount, $1,575,000 in the first year
70.18and $1,575,000 in the second year is a
70.19onetime appropriation from the state's federal
70.20TANF block grant. The base is reduced by
70.21$3,800,000 each year in fiscal year 2010 and
70.22fiscal year 2011.
70.24$1,885,000 the first year and $1,885,000
70.25the second year are for the home ownership
70.26assistance program under Minnesota
70.27Statutes, section 462A.21, subdivision 8.
70.28The base is reduced by $1,000,000 each year
70.29in fiscal year 2010 and fiscal year 2011.
70.31$11,496,000 the first year and $8,996,000
70.32the second year are for the affordable rental
70.33investment fund program under Minnesota
70.34Statutes, section 462A.21, subdivision 8b.
71.1Of this amount, $2,500,000 the first year is a
71.2onetime appropriation.
71.3This appropriation is to finance the
71.4acquisition, rehabilitation, and debt
71.5restructuring of federally assisted rental
71.6property and for making equity take-out loans
71.7under Minnesota Statutes, section 462A.05,
71.8subdivision 39. The owner of the federally
71.9assisted rental property must agree to
71.10participate in the applicable federally assisted
71.11housing program and to extend any existing
71.12low-income affordability restrictions on the
71.13housing for the maximum term permitted.
71.14The owner must also enter into an agreement
71.15that gives local units of government,
71.16housing and redevelopment authorities,
71.17and nonprofit housing organizations the
71.18right of first refusal if the rental property
71.19is offered for sale. Priority must be given
71.20among comparable federally assisted rental
71.21properties to properties with the longest
71.22remaining term under an agreement for
71.23federal rental assistance. Priority must also
71.24be given among comparable rental housing
71.25developments to developments that are or
71.26will be owned by local government units, a
71.27housing and redevelopment authority, or a
71.28nonprofit housing organization.
71.29This appropriation may also be used to
71.30finance the acquisition, rehabilitation, and
71.31debt restructuring of existing supportive
71.32housing properties. For purposes of this
71.33subdivision, "supportive housing" means
71.34affordable rental housing with links to
71.35services necessary for individuals, youth, and
72.1families with children to maintain housing
72.2stability.
72.3Of this amount, $2,500,000 is appropriated
72.4for the purposes of financing the
72.5rehabilitation and operating costs to preserve
72.6public housing. For purposes of this
72.7subdivision, "public housing" is housing for
72.8low-income persons and households financed
72.9by the federal government and owned and
72.10operated by public housing authorities and
72.11agencies. Eligible public housing authorities
72.12must have a public housing assessment
72.13system rating of standard or above. Priority
72.14among comparable proposals must be given
72.15to proposals that maximize federal or local
72.16resources to finance the capital and operating
72.17costs.
72.20$5,657,000 the first year and $4,287,000 the
72.21second year are for the housing rehabilitation
72.22and accessibility program under Minnesota
72.23Statutes, section 462A.05, subdivisions 14a
72.24and 15a. The base is reduced by $629,000
72.25each year in fiscal year 2010 and fiscal year
72.262011.
72.28$187,000 in the first year and $187,000 in
72.29the second year are for the urban Indian
72.30housing program under Minnesota Statutes,
72.31section 462A.07, subdivision 15. The base is
72.32reduced by $52,000 each year in fiscal year
72.332010 and fiscal year 2011.
73.1$1,683,000 in the first year and $1,683,000
73.2in the second year are for the tribal Indian
73.3housing program under Minnesota Statutes,
73.4section 462A.07, subdivision 14. The base is
73.5reduced by $468,000 each year in fiscal year
73.62010 and fiscal year 2011.
73.9$2,135,000 the first year and $2,135,000
73.10the second year are appropriated for the
73.11home ownership education, counseling, and
73.12training program under Minnesota Statutes,
73.13section 462A.209. The base is reduced by
73.14$1,460,000 each year in fiscal year 2010 and
73.15fiscal year 2011. Of this amount, $....... the
73.16first year is for:
73.17(1) foreclosure prevention and assistance
73.18activities in communities that have mortgage
73.19foreclosure rates that exceed the statewide
73.20average foreclosure rate for the most recent
73.21quarter for which data is available; and
73.22(2) home buyer education and counseling
73.23activities by organizations that have
73.24experience working with emerging markets
73.25or partner with organizations with experience
73.26working with emerging markets and that have
73.27demonstrated a commitment to increasing the
73.28homeownership rate of emerging markets.
73.30$820,000 for the biennium is for capacity
73.31building grants under Minnesota Statutes
73.32section 462A.21, subdivision 3b, to be used
73.33for continuum of care planning in greater
73.34Minnesota. This appropriation is the agency's
73.35base budget for this program.
74.2$50,000 is a onetime appropriation in the
74.3first year for a grant to Hennepin County
74.4for collaboration with the Center for Urban
74.5and Regional Affairs at the University
74.6of Minnesota for the development of a
74.7predictive, data-driven model that can be
74.8used to identify at-risk properties in order to
74.9target resources to prevent foreclosure.
74.10 Sec. 4. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
74.11 Subd. 8b. Family rental housing. It may establish a family rental housing
74.12assistance program to provide loans or direct rental subsidies for housing for families
74.13with incomes of up to 80 percent of state median income, or to provide grants for the
74.14operating cost of public housing. Priority must be given to those developments with
74.15resident families with the lowest income. The development may be financed by the
74.16agency or other public or private lenders. Direct rental subsidies must be administered by
74.17the agency for the benefit of eligible families. Financial assistance provided under this
74.18subdivision to recipients of aid to families with dependent children must be in the form
74.19of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
74.20this subdivision may be made only with specific appropriations by the legislature. The
74.21limitations on eligible mortgagors contained in section462A.03, subdivision 13 , do not
74.22apply to loans for the rehabilitation of existing housing under this subdivision.
74.23 Sec. 5. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
74.24 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
74.25this section must be used for challenge grants or loanswhich meet the requirements of this
74.26subdivision for housing proposals with financial or in-kind contributions from nonstate
74.27resources that reduce the need for deferred loan or grant funds from state resources.These
74.28Challenge grants or loans must be used for economically viable homeownership or rental
74.29housing proposals that:
74.30(1) include a financial or in-kind contribution from an area employer and either a unit
74.31of local government or a private philanthropic, religious, or charitable organization; and
74.32(2) address the housing needs of the local work force.
74.33 Among comparable proposals, preference must be given to proposals that include
74.34contributions from nonstate resources for the greatest portion of the total development
75.1cost. Comparable proposals with contributions from local units of government or private
75.2philanthropic, religious, or charitable organizations must be given preference in awarding
75.3grants or loans.
75.4 For the purpose of this subdivision,an employer a contribution may consist partially
75.5or wholly of the premium paid for federal housing tax credits.
75.6Preference for grants and loans shall also be given to comparable proposals that
75.7include a financial or in-kind contribution from a unit of local government, an area
75.8employer, and a private philanthropic, religious, or charitable organization.
75.9 Sec. 6. Minnesota Statutes 2006, section 469.021, is amended to read:
75.10469.021 PREFERENCES.
75.11 As between applicants equally in need and eligible for occupancy of a dwelling
75.12and at the rent involved, preference shall be given to disabled veterans, persons with
75.13disabilities, and families of service persons who died in service and to families of veterans.
75.14In admitting families of low income to dwelling accommodations in any housing project an
75.15authority shall, as far as is reasonably practicable, give consideration to applications from
75.16familiesto which aid for dependent children is payable receiving assistance under chapter
75.17256J, and to resident families to whom public assistance or supplemental security income
75.18for the aged, blind, and disabled is payable, when those families are otherwise eligible.
75.19 Sec. 7. MORTGAGE FORECLOSURE REDUCTION.
75.20 The commissioner of the Minnesota Housing Finance Agency, in consultation with
75.21the commissioner of commerce, the attorney general, the Minnesota Mortgage Bankers'
75.22Association, Legal Services of Minnesota, and the Minnesota Sheriffs' Association
75.23shall evaluate the provisions of Minnesota Statutes, sections 580.04 and 580.041, to
75.24determine if corrective actions could be taken by the 2008 legislature to reduce mortgage
75.25foreclosures in the state.
1.3for certain programs and grants; appropriating money for various state agencies;
1.4changing certain health, human services, and safety-related provisions;amending
1.5Minnesota Statutes 2006, sections 13.3806, by adding a subdivision; 16B.61,
1.6by adding a subdivision; 103I.101, subdivision 6; 103I.208, subdivisions 1, 2;
1.7103I.235, subdivision 1; 144.123; 144.125; 144.2215, subdivision 1; 144.9502,
1.8subdivision 3; 144.9504, subdivision 2; 144.9507, by adding a subdivision;
1.9144.9512; 144E.101, subdivision 6; 144E.127; 144E.35, subdivision 1; 145A.17;
1.10156.001, by adding a subdivision; 156.02, subdivisions 1, 2; 156.04; 156.072,
1.11subdivision 2; 156.073; 156.12, subdivisions 2, 4, 6; 156.15, subdivision
1.122; 156.16, subdivisions 3, 10; 156.18, subdivisions 1, 2; 156.19; 198.075;
1.13256B.0625, subdivision 14, by adding a subdivision; 256K.45, by adding
1.14a subdivision; 462A.21, subdivision 8b; 462A.33, subdivision 3; 469.021;
1.15Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2;
1.16proposing coding for new law in Minnesota Statutes, chapters 144; 156; 325;
1.17325E; repealing Laws 2004, chapter 288, article 6, section 27.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.21 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.23in this article.
| 1.24 |
2008 |
2009 |
Total |
||||
| 1.25 |
General |
$ |
24,725,000 |
$ |
24,225,000 |
$ |
48,950,000 |
| 1.26 |
TANF |
$ |
750,000 |
$ |
750,000 |
$ |
1,500,000 |
| 1.27 |
Total |
$ |
25,475,000 |
$ |
24,975,000 |
$ |
50,450,000 |
| 1.28 |
Sec. 2. HEALTH AND HUMAN SERVICES APPROPRIATIONS. |
||||||
2.2agencies and for the purposes specified in this article. The appropriations are from the
2.3general fund, or another named fund, and are available for the fiscal years indicated
2.4for each purpose. The figures "2008" and "2009" used in this article mean that the
2.5appropriations listed under them are available for the fiscal year ending June 30, 2008, or
2.6June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
2.7year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
2.8year ending June 30, 2007, are effective the day following final enactment.
| 2.9 |
APPROPRIATIONS |
||||||
| 2.10 |
Available for the Year |
||||||
| 2.11 |
Ending June 30 |
||||||
| 2.12 |
2008 |
2009 |
|||||
| 2.13 |
Sec. 3. HUMAN SERVICES |
||||||
| 2.14 |
Subdivision 1.Total Appropriation |
$ |
25,475,000 |
$ |
24,975,000 |
||
| 2.15 |
Appropriations by Fund |
||
| 2.16 |
2008 |
2009 |
|
| 2.17 |
General |
24,725,000 |
24,225,000 |
| 2.18 |
TANF |
750,000 |
750,000 |
2.20and $750,000 the second year are onetime
2.21appropriations from the state's federal TANF
2.22block grant under Title I of Public Law
2.23104-193. If the appropriation in either year
2.24is insufficient, the appropriation for the other
2.25year is available.
| 2.26 2.27 |
Subd. 2.Other Children and Economic Assistance Grants |
||||||
2.29in the first year and $3,500,000 in the second
2.30year are for the Runaway and Homeless
2.31Youth Act under Minnesota Statutes, section
2.32256K.45. Funds shall be spent in each area
2.33of the continuum of care to ensure that
2.34programs are meeting the greatest need. The
2.35base is decreased by $2,000,000 each year in
2.36fiscal year 2010 and fiscal year 2011.
3.1Transitional Housing and Emergency
3.2Services.
3.3(1) $750,000 each year from the federal
3.4TANF fund is for transitional housing
3.5programs under Minnesota Statutes, section
3.6256E.33. The TANF appropriations
3.7are onetime. The general fund base for
3.8transitional housing is increased by $422,000
3.9each year for the fiscal 2010-2011 biennium.
3.10Up to ten percent of this appropriation may
3.11be used for housing and services which
3.12extend beyond 24 months. $300,000 in each
3.13year of this amount is for grants for safe
3.14housing pilot projects for battered women
3.15and families in Anoka County, Houston
3.16County, and Beltrami County; and
3.17(2) $527,000 each year is added to the
3.18base for emergency services grants under
3.19Laws 1997, chapter 162, article 3, section
3.207. The base for emergency services grants
3.21is decreased each year by $300,000 in fiscal
3.22year 2010 and fiscal year 2011.
3.23Foodshelf Programs. $575,000 each year
3.24is added to the base for foodshelf programs
3.25under Minnesota Statutes, section 256E.34.
3.26The base is decreased by $250,000 each year
3.27in fiscal year 2010 and fiscal year 2011.
3.28Long-term Homeless Services. $2,440,000
3.29each year is added to the base for the
3.30long-term homeless services under
3.31Minnesota Statutes, section 256K.26. The
3.32base is decreased by $1,000,000 each year in
3.33fiscal year 2010 and fiscal year 2011.
3.34Minnesota Community Action Grants.
3.35$1,500,000 each year is added to the base for
4.1the purposes of Minnesota community action
4.2grants under Minnesota Statutes, sections
4.3256E.30 to 256E.32. The base is reduced by
4.4$500,000 each year in fiscal year 2010 and
4.5fiscal year 2011.
4.6Tenant Hotline Services Program. $50,000
4.7each year is added to the base for a grant to
4.8HOME Line for the tenant hotline services
4.9program. This is a onetime appropriation.
| 4.10 4.11 |
Subd. 3.Children and Economic Assistance Administration |
100,000 |
100,000 |
||||
4.12 Sec. 4. Minnesota Statutes 2006, section 256K.45, is amended by adding a subdivision
4.13to read:
4.14 Subd. 6. Funding. Any funds appropriated for this section may be expended
4.15on programs described under subdivisions 3 to 5, technical assistance, and capacity
4.16building. In addition, up to five percent of funds appropriated may be used for program
4.17administration and up to eight percent of funds appropriated may be used for the purpose
4.18of monitoring and evaluating runaway and homeless youth programs receiving funding
4.19under this section. Funding shall be directed to meet the greatest need, with a significant
4.20share of the funding focused on homeless youth providers in greater Minnesota.
4.21 Sec. 5. DIRECTION TO COMMISSIONER.
4.22 (a) The commissioner of human services shall offer a request for proposals to
4.23identify a research and evaluation firm with experience working with:
4.24 (1) homeless youth providers;
4.25 (2) data; and
4.26 (3) the topics of housing, homelessness, and a continuum of care for youth.
4.27 (b) The research and evaluation firm identified under paragraph (a) shall monitor and
4.28evaluate the programs receiving funding under Minnesota Statutes, section 256K.45.
| 4.31 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
4.33in this article.
5.9 Sec. 2. DEPARTMENT OF HEALTH APPROPRIATIONS.
5.10 The sums shown in the columns marked "Appropriations" are appropriated to the
5.11agencies and for the purposes specified in this article. The appropriations are from the
5.12general fund, or another named fund, and are available for the fiscal years indicated
5.13for each purpose. The figures "2008" and "2009" used in this article mean that the
5.14appropriations listed under them are available for the fiscal year ending June 30, 2008, or
5.15June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
5.16year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
5.17year ending June 30, 2007, are effective the day following final enactment.
| 5.18 |
APPROPRIATIONS |
||||||
| 5.19 |
Available for the Year |
||||||
| 5.20 |
Ending June 30 |
||||||
| 5.21 |
2008 |
2009 |
|||||
| 5.22 |
Sec. 3. COMMISSIONER OF HEALTH |
||||||
| 5.23 |
Subdivision 1.Total Appropriation |
$ |
122,757,000 |
$ |
118,854,000 |
||
| 5.32 5.33 |
Subd. 2.Community and Family Health Promotion |
||||||
6.4the TANF funds is appropriated in each year
6.5of the biennium to the commissioner for
6.6home visiting and nutritional services listed
6.7under Minnesota Statutes, section 145.882,
6.8subdivision 7, clauses (6) and (7). Funding
6.9shall be distributed to community health
6.10boards based on Minnesota Statutes, section
6.11145A.131, subdivision 1.
6.12(b) $5,088,000 in the first year and $5,423,000
6.13in the second year are appropriated to the
6.14commissioner of health for the family home
6.15visiting grant program. The commissioner
6.16shall distribute funds to community health
6.17boards using a formula developed in
6.18conjunction with the state Community
6.19Health Services Advisory Committee. The
6.20commissioner may use five percent of the
6.21funds appropriated in each fiscal year to
6.22conduct the ongoing evaluations required
6.23under Minnesota Statutes, section 145A.17,
6.24subdivision 7, and may use ten percent of
6.25the funds appropriated each fiscal year to
6.26provide training and technical assistance as
6.27required under Minnesota Statutes, section
6.28145A.17, subdivisions 4 and 5.
6.29TANF Carryforward. Any unexpended
6.30balance of the TANF appropriation in the
6.31first year of the biennium does not cancel but
6.32is available for the second year.
6.33Loan Forgiveness. $605,000 the first year
6.34and $775,000 the second year and thereafter
6.35are for the loan forgiveness program under
7.1Minnesota Statutes, section 144.1501. This
7.2funding is in addition to the loan forgiveness
7.3program base.
7.4MN ENABL. Base level funding for the MN
7.5ENABL program, under Minnesota Statutes,
7.6section 145.9255, is reduced by $220,000
7.7each year of the biennium beginning July 1,
7.82007.
7.9Positive Alternatives. Base level funding for
7.10the positive abortion alternatives program,
7.11under Minnesota Statutes, section 145.4235,
7.12is reduced by $1,400,000 each year of the
7.13biennium beginning July 1, 2007.
7.14Fetal Alcohol Spectrum Disorder. (a)
7.15$900,000 each year is added to the base for
7.16fetal alcohol spectrum disorder. On July 1
7.17each fiscal year, the portion of the general
7.18fund appropriation to the commissioner of
7.19health for fetal alcohol spectrum disorder
7.20administration and grants shall be transferred
7.21to a statewide organization that focuses
7.22solely on prevention of and intervention with
7.23fetal alcohol spectrum disorder as follows:
7.24(1) on July 1, 2007, $2,090,000; and
7.25(2) on July 2, 2008, and annually thereafter,
7.26$2,090,000.
7.27(b) The money shall be used for prevention
7.28and intervention services and programs,
7.29including, but not limited to, community
7.30grants, professional education, public
7.31awareness, and diagnosis. The organization
7.32may retain $60,000 of the transferred money
7.33for administrative costs. The organization
7.34shall report to the commissioner annually
8.1by January 15 on the services and programs
8.2funded by the appropriation.
8.3Deaf or Hearing Loss Support. $100,000
8.4for the first year and $100,000 for the second
8.5year is for the purpose of providing family
8.6support and assistance to families with
8.7children who are deaf or have a hearing
8.8loss. The family support provided must
8.9include direct parent-to-parent assistance and
8.10information on communication, educational,
8.11and medical options. The commissioner
8.12may contract with a nonprofit organization
8.13that has the ability to provide these services
8.14throughout the state.
8.15Heart Disease and Stroke Prevention.
8.16$200,000 is appropriated in the first year for
8.17the heart disease and stroke prevention unit
8.18of the Department of Health to fund data
8.19collection and other activities to improve
8.20cardiovascular health and reduce the burden
8.21of heart disease and stroke in Minnesota.
8.22This is a onetime appropriation.
8.23Family Planning Grants. $1,000,000 each
8.24year is for family planning grants under
8.25Minnesota Statutes, section 145.925.
8.26Bright Smiles Pilot Project. (a) $384,000
8.27in the first year and $50,000 in the second
8.28year is to fund a grant for the Bright Smiles
8.29pilot project.
8.30(b) Of these amounts, $50,000 each year is to
8.31fund a dental health coordinator position.
8.32(c) The commissioner of health shall
8.33establish a pilot project to fund a Bright
8.34Smiles program designed to increase access
8.35to oral health care for low-income and
9.1immigrant children, ages birth to five
9.2years, and their families and to build the
9.3knowledge and ability of parents to care
9.4for the oral health of their children. Under
9.5this pilot project, a Bright Smiles program
9.6shall serve the medically underserved areas
9.7in Minneapolis and the Bemidji area, as
9.8determined by the commissioner of health.
9.9(d) A grant shall be used to fund costs related
9.10to improving oral health outreach, education,
9.11screening, and access to care for families
9.12with children, ages birth to five years.
9.13(e) Grant applicants shall submit to
9.14the commissioner a written plan that
9.15demonstrates the ability to provide the
9.16following:
9.17(1) new programs or continued expansion
9.18of current access programs that have
9.19demonstrated success in providing dental
9.20services in underserved areas of Minneapolis
9.21and the Bemidji area;
9.22(2) programs for screening children entering
9.23the Minneapolis and the Bemidji area public
9.24school systems and facilitating access to care
9.25for their families;
9.26(3) programs testing new models of care
9.27that are sensitive to cultural needs of the
9.28recipients;
9.29(4) programs creating new educational
9.30campaigns that inform individuals of the
9.31importance of good oral health and the
9.32link between dental diseases, overall health
9.33status, and success in school; and
10.1(5) programs testing new delivery models
10.2by creating partnerships between local early
10.3childhood and school-age education and
10.4community clinic dental providers.
10.5(f) Qualified applicants are partnerships
10.6among early childhood experts, Minneapolis
10.7or Bemidji area public schools, and nonprofit
10.8clinics that are established to provide health
10.9services to low-income patients, provide
10.10preventive and dental care services, and
10.11utilize a sliding-scale fee or other method of
10.12providing charity care that ensures that no
10.13person is denied services because of inability
10.14to pay.
10.15(g) Applicants shall submit to the
10.16commissioner an application and supporting
10.17documentation, in the form and manner
10.18specified by the commissioner. Applicants
10.19must be able to provide culturally appropriate
10.20outreach, screenings, and access to dental
10.21care for children, ages birth to five years,
10.22their parents, and pregnant women most at
10.23risk of poor oral health due to lack of access
10.24to dental care. Applicants must also meet the
10.25following criteria:
10.26(1) have the potential to successfully increase
10.27access to families with children, ages birth
10.28to five years;
10.29(2) incorporate quality program evaluation;
10.30(3) maximize use of grant funds; and
10.31(4) have experience in providing services to
10.32the target populations of this program.
10.33(h) The commissioner shall evaluate the
10.34effectiveness of this pilot program on the
11.1oral health of children and their families and
11.2report to the house of representatives and
11.3senate committees with jurisdiction over
11.4public health policy and finance by January
11.51, 2009, with recommendations as to how to
11.6develop programs throughout Minnesota that
11.7provide education and access to oral health
11.8care for low-income and immigrant children.
11.9Suicide prevention programs. $600,000
11.10each year is to fund the suicide prevention
11.11program and to administer the grants for
11.12institutions of higher education in the state
11.13of Minnesota to coordinate implementation
11.14of youth suicide early intervention and
11.15prevention strategies. The base for fiscal
11.16years 2010 and 2011 is reduced by $300,000.
| 11.17 |
Subd. 3.Policy Quality and Compliance |
||||||
| 11.18 |
Appropriations by Fund |
||
| 11.19 |
General |
12,000 |
24,000 |
| 11.20 |
SGSR |
94,000 |
188,000 |
| 11.21 |
HCAF |
46,000 |
93,000 |
| 11.22 |
Subd. 4.Health Protection |
||||||
| 11.23 |
Appropriations by Fund |
||
| 11.24 |
General |
18,393,000 |
13,269,000 |
| 11.25 11.26 |
State Government Special Revenue |
25,980,000 |
26,674,000 |
| 11.27 |
Environmental |
300,000 |
300,000 |
11.29the general fund appropriation to the
11.30commissioner, $4,088,000 in fiscal year 2008
11.31is for preparation, planning, and response
11.32to a pandemic influenza outbreak. This
11.33appropriation is available until June 30, 2009.
11.34Base funding for the 2010-2011 biennium is
11.35$0 each fiscal year.
12.1Environmental Health Tracking and
12.2Biomonitoring. (a) $700,000 in each
12.3year is to the Department of Health for
12.4the environmental health tracking and
12.5biomonitoring program. The base for fiscal
12.6year 2010 and fiscal year 2011 is increased
12.7by $300,000 each year.
12.8(b) $300,000 each year is from the
12.9environmental fund to the Pollution Control
12.10Agency for transfer to the Department
12.11of Health for the health tracking and
12.12biomonitoring program. The base for the
12.13environmental fund is $0 in fiscal year 2010
12.14and after.
12.15AIDS Prevention Initiative Focusing
12.16on African-born Residents. $300,000 in
12.172008 is for an AIDS prevention initiative
12.18focusing on African-born residents. This
12.19appropriation is a onetime appropriation
12.20and shall not become part of the base-level
12.21funding for the 2008-2009 biennium.
12.22The commissioner of health shall award
12.23grants in accordance with Minnesota Statutes,
12.24section
12.25education and awareness campaign targeting
12.26communities of African-born Minnesota
12.27residents. The grants shall be designed to
12.28promote knowledge and understanding about
12.29HIV and to increase knowledge in order
12.30to eliminate and reduce the risk for HIV
12.31infection; to encourage screening and testing
12.32for HIV; and to link individuals to public
12.33health and health care resources. The grants
12.34must be awarded to collaborative efforts that
12.35bring together nonprofit community-based
13.1groups with demonstrated experience in
13.2addressing the public health, health care,
13.3and social service needs of African-born
13.4communities.
13.5Water Level Standard for Atrazine.
13.6$200,000 in 2008 is for a study relating to
13.7atrazine health risk limit standards under
13.8Minnesota Statutes, section 144.355. This is
13.9a onetime appropriation.
13.10Arsenic Health Risk Standard. $920,000 in
13.11the first year and $461,000 in the second year
13.12is to fund the study relating to arsenic health
13.13risk standards, under Minnesota Statutes,
13.14section 144.967.
13.15Lindane and Bisphenol-A Studies.
13.16$114,000 in the first year is for the Lindane
13.17committee and the study of bisphenol-A,
13.18under Minnesota Statutes, section 325.72.
13.19This is a onetime appropriation.
13.20Decabromodiphenyl Ether Study.
13.21$118,000 in the first year is for transfer to the
13.22commissioner of the pollution control agency
13.23for the study of decabromodiphenyl ether
13.24under Minnesota Statutes, section 325E.387.
13.25This is a onetime appropriation.
13.26Radiation Study. $45,000 in the first year
13.27from the general fund and $15,000 in the
13.28first year from the state government special
13.29revenue fund are for the radiation study in
13.30section 60. This is a onetime appropriation.
13.31Lead Abatement. $1,500,000 each year is
13.32for changes in lead abatement requirements.
13.33A portion of this amount may be used to
13.34reimburse local governments for costs of
13.35implementing the new requirements.
14.1Water Treatment. $40,000 in the first year
14.2is for water treatment.
14.3Environmental Justice Mapping. $137,000
14.4in the first year and $53,000 in the second
14.5year is for environmental justice mapping.
14.6HIV Information. $80,000 each year
14.7is to fund a community-based nonprofit
14.8organization with demonstrated capacity to
14.9operate a statewide HIV information and
14.10referral service using telephone, Internet, and
14.11other appropriate technologies.
14.12Lead Hazard Reduction. $250,000 is
14.13appropriated in the first year of the biennium
14.14for a grant to a nonprofit organization
14.15operating the CLEARCorps to conduct a
14.16pilot project to determine the incidence of
14.17lead hazards in pre-1978 rental property.
14.18Any balance in the first year does not cancel
14.19but is available in the second year.
14.20Minnesota Birth Defects Information
14.21System. $750,000 each year is to maintain
14.22the birth defects information system that was
14.23established by Minnesota Statutes, section
14.24144.2215.
| 14.25 |
Subd. 5.Minority and Multicultural Health |
||||||
| 14.26 |
Appropriations by Fund |
||
| 14.27 |
General |
5,042,000 |
5,052,000 |
| 14.28 |
Federal TANF |
2,421,000 |
2,421,000 |
14.30the TANF funds is appropriated in each year
14.31of the biennium to the commissioner for
14.32home visiting and nutritional services listed
14.33under Minnesota Statutes, section 145.882,
14.34subdivision 7, clauses (6) and (7). Funding
14.35shall be distributed to tribal governments
15.1based on Minnesota Statutes, section
15.2145A.14, subdivision 2a, paragraph (b).
15.3(b) $262,000 in the first year and $577,000
15.4in the second year are appropriated
15.5to the commissioner of health for the
15.6family home visiting grant program. The
15.7commissioner shall distribute funds to tribal
15.8governments using a formula developed in
15.9conjunction with tribal governments. The
15.10commissioner may use five percent of the
15.11funds appropriated in each fiscal year to
15.12conduct the ongoing evaluations required
15.13under Minnesota Statutes, section 145A.17,
15.14subdivision 7, and may use ten percent of
15.15the funds appropriated each fiscal year to
15.16provide training and technical assistance as
15.17required under Minnesota Statutes, section
15.18145A.17, subdivisions 4 and 5.
15.19TANF Carryforward. Any unexpended
15.20balance of the TANF appropriation in the
15.21first year of the biennium does not cancel but
15.22is available for the second year.
| 15.23 |
Subd. 6.Administrative Support Services |
||||||
| 15.24 |
Appropriations by Fund |
||
| 15.25 |
General |
11,047,000 |
11,197,000 |
15.27year is for redesigning and implementing
15.28coordinated and modern disease surveillance
15.29systems for the department. Base level
15.30funding for the 2012-2013 biennium will be
15.31$600,000 each fiscal year for maintaining
15.32and operating the systems.
| 15.33 15.34 |
Sec. 4. VETERANS NURSING HOMES BOARD |
$ |
44,124,000 |
$ |
46,244,000 |
||
16.2appropriation, $4,000,000 in fiscal year
16.32008 and $4,000,000 in fiscal year 2009
16.4are to be used for repair, maintenance,
16.5rehabilitation, and betterment activities at
16.6facilities statewide.
16.7Base Adjustment. The general fund base is
16.8decreased by $2,000,000 in fiscal year 2010
16.9and $2,000,000 in fiscal year 2011.
| 16.10 |
Sec. 5. HEALTH-RELATED BOARDS |
||||||
| 16.11 16.12 |
Subdivision 1.Total Appropriation; State Government Special Revenue Fund |
$ |
14,654,000 |
$ |
14,527,000 |
||
16.14the allotment, encumbrance, or expenditure
16.15of money appropriated in this section in
16.16excess of the anticipated biennial revenues
16.17or accumulated surplus revenues from fees
16.18collected by the boards.
| 16.19 |
Subd. 2.Board of Chiropractic Examiners |
450,000 |
447,000 |
||||
| 16.20 |
Subd. 3.Board of Dentistry |
987,000 |
1,009,000 |
||||
| 16.21 16.22 |
Subd. 4.Board of Dietetic and Nutrition Practice |
103,000 |
119,000 |
||||
16.24fiscal year 2009, $14,000 is onetime.
| 16.25 16.26 |
Subd. 5.Board of Marriage and Family Therapy |
134,000 |
154,000 |
||||
16.28fiscal year 2009, $17,000 is onetime.
| 16.29 |
Subd. 6.Board of Medical Practice |
4,120,000 |
3,674,000 |
||||
| 16.30 |
Subd. 7.Board of Nursing |
3,985,000 |
4,146,000 |
||||
| 16.31 16.32 |
Subd. 8.Board of Nursing Home Administrators |
633,000 |
647,000 |
||||
17.2appropriation, $430,000 in fiscal year
17.32008 and $439,000 in fiscal year 2009 are
17.4for the administrative services unit. The
17.5administrative services unit may receive
17.6and expend reimbursements for services
17.7performed by other agencies.
| 17.8 |
Subd. 9.Board of Optometry |
98,000 |
114,000 |
||||
17.10fiscal year 2009, $13,000 is onetime.
| 17.11 |
Subd. 10.Board of Pharmacy |
1,375,000 |
1,442,000 |
||||
17.13fiscal year 2009, $29,000 is onetime.
| 17.14 |
Subd. 11.Board of Physical Therapy |
306,000 |
295,000 |
||||
| 17.15 |
Subd. 12.Board of Podiatry |
54,000 |
63,000 |
||||
17.17fiscal year 2009, $7,000 is onetime.
| 17.18 |
Subd. 13.Board of Psychology |
788,000 |
806,000 |
||||
| 17.19 |
Subd. 14.Board of Social Work |
997,000 |
1,022,000 |
||||
| 17.20 |
Subd. 15.Board of Veterinary Medicine |
230,000 |
195,000 |
||||
| 17.21 17.22 |
Subd. 16.Board of Behavioral Health and Therapy |
394,000 |
394,000 |
||||
| 17.23 17.24 |
Sec. 6. EMERGENCY MEDICAL SERVICES BOARD |
$ |
3,710,000 |
$ |
3,745,000 |
||
| 17.25 |
Appropriations by Fund |
||
| 17.26 |
2008 |
2009 |
|
| 17.27 |
General |
3,023,000 |
3,041,000 |
| 17.28 17.29 |
State Government Special Revenue |
687,000 |
704,000 |
17.31Programs. $400,000 each year is for
17.32regional emergency medical services
17.33programs, to be distributed equally to the
18.1eight emergency medical service regions.
18.2This amount shall be added to the base
18.3funding. Notwithstanding Minnesota
18.4Statutes, section 144E.50, 100 percent of
18.5the appropriation shall be passed on to the
18.6emergency medical service regions.
18.7Health Professional Services Program.
18.8$687,000 in fiscal year 2008 and $704,000 in
18.9fiscal year 2009 from the state government
18.10special revenue fund are for the health
18.11professional services program.
| 18.12 |
Sec. 7. COUNCIL ON DISABILITY |
$ |
582,000 |
$ |
590,000 |
||
18.14year and $75,000 for the second year are
18.15to continue the work of the Options Too
18.16disability services interagency work group
18.17established under Laws 2005, First Special
18.18Session chapter 4, article 7, section 57.
18.19Funds shall be used to monitor and assist the
18.20work group and the Options Too Steering
18.21Committee in the implementation of the
18.22recommendations in the Options Too report
18.23dated February 15, 2007.
18.24(b) For purposes of this section, the Options
18.25Too Steering Committee shall consist of the
18.26following members:
18.27(1) a representative from the Minnesota
18.28Housing Finance Agency;
18.29(2) a representative from the Minnesota State
18.30Council on Disability;
18.31(3) a representative from the Department of
18.32Veterans Affairs;
18.33(4) a representative from the Department of
18.34Transportation;
19.1(5) a representative from the Department of
19.2Human Services; and
19.3(6) representatives from interested
19.4stakeholders including counties, local
19.5public housing authorities, the Metropolitan
19.6Council, disability service providers, and
19.7disability advocacy organizations who are
19.8appointed by the Minnesota State Council on
19.9Disability for two-year terms.
19.10(c) Notwithstanding Laws 2005, First Special
19.11Session chapter 4, article 7, section 57, the
19.12interagency work group shall be administered
19.13by the Minnesota Housing Finance Agency,
19.14the Minnesota State Council on Disability,
19.15Department of Human Services, and the
19.16Department of Transportation.
19.17(d) The Options Too Steering Committee
19.18shall report to the chairs of the health
19.19and human services policy and finance
19.20committees of the senate and house of
19.21representatives by October 15, 2007, and
19.22October 15, 2008, on the continued progress
19.23of the work group towards implementing the
19.24recommendations in the Options Too report
19.25dated February 15, 2007.
| 19.26 19.27 19.28 |
Sec. 8. OMBUDSMAN FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES |
$ |
1,567,000 |
$ |
1,621,000 |
||
| 19.29 |
Sec. 9. OMBUDSMAN FOR FAMILIES |
$ |
251,000 |
$ |
257,000 |
||
19.30 Sec. 10. Minnesota Statutes 2006, section 13.3806, is amended by adding a subdivision
19.31to read:
19.32 Subd. 21. Birth defects registry system. Data on individuals collected by the
19.33birth defects registry system are private data on individuals and classified pursuant to
19.34section 144.2215.
20.1 Sec. 11. Minnesota Statutes 2006, section 16B.61, is amended by adding a subdivision
20.2to read:
20.3 Subd. 3b. Window fall prevention device code. The commissioner of labor and
20.4industry shall adopt rules for window fall prevention devices as part of the state Building
20.5Code. Window fall prevention devices include, but are not limited to, safety screens,
20.6hardware, guards, and other devices that comply with the standards established by the
20.7commissioner of labor and industry. The rules must require compliance with standards
20.8for window fall prevention devices developed by ASTM International, contained in the
20.9International Building Code as the model language with amendments deemed necessary to
20.10coordinate with the other adopted building codes in Minnesota. The rules must establish a
20.11scope that includes the applicable building occupancies, and the types, locations, and sizes
20.12of windows that will require the installation of fall devices. The rules will be effective July
20.131, 2009. The commissioner shall report to the legislature on the status of the rulemaking
20.14on or before February 15, 2008.
20.15 Sec. 12. Minnesota Statutes 2006, section 103I.101, subdivision 6, is amended to read:
20.16 Subd. 6. Fees for variances. The commissioner shall charge a nonrefundable
20.17application fee of
20.18variance or modification of rules adopted by the commissioner under this chapter.
20.19EFFECTIVE DATE.This section is effective July 1, 2008.
20.20 Sec. 13. Minnesota Statutes 2006, section 103I.208, subdivision 1, is amended to read:
20.21 Subdivision 1. Well notification fee. The well notification fee to be paid by a
20.22property owner is:
20.23 (1) for a new water supply well,
20.24fee;
20.25 (2) for a well sealing,
20.26fee, except that for monitoring wells constructed on a single property, having depths
20.27within a 25 foot range, and sealed within 48 hours of start of construction, a single fee of
20.28
20.29 (3) for construction of a dewatering well,
20.30function fee, for each dewatering well except a dewatering project comprising five or
20.31more dewatering wells shall be assessed a single fee of
20.32wells recorded on the notification.
20.33EFFECTIVE DATE.This section is effective July 1, 2008.
21.1 Sec. 14. Minnesota Statutes 2006, section 103I.208, subdivision 2, is amended to read:
21.2 Subd. 2. Permit fee. The permit fee to be paid by a property owner is:
21.3 (1) for a water supply well that is not in use under a maintenance permit,
21.4annually;
21.5 (2) for construction of a monitoring well,
21.6core function fee;
21.7 (3) for a monitoring well that is unsealed under a maintenance permit,
21.8annually;
21.9 (4) for monitoring wells used as a leak detection device at a single motor fuel retail
21.10outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural
21.11chemical facility site, the construction permit fee is
21.12core function fee, per site regardless of the number of wells constructed on the site, and
21.13the annual fee for a maintenance permit for unsealed monitoring wells is
21.14site regardless of the number of monitoring wells located on site;
21.15 (5) for a groundwater thermal exchange device, in addition to the notification fee for
21.16water supply wells,
21.17 (6) for a vertical heat exchanger,
21.18 (7) for a dewatering well that is unsealed under a maintenance permit,
21.19annually for each dewatering well, except a dewatering project comprising more than five
21.20dewatering wells shall be issued a single permit for
21.21wells recorded on the permit; and
21.22 (8) for an elevator boring,
21.23EFFECTIVE DATE.This section is effective July 1, 2008.
21.24 Sec. 15. Minnesota Statutes 2006, section 103I.235, subdivision 1, is amended to read:
21.25 Subdivision 1. Disclosure of wells to buyer. (a) Before signing an agreement to
21.26sell or transfer real property, the seller must disclose in writing to the buyer information
21.27about the status and location of all known wells on the property, by delivering to the buyer
21.28either a statement by the seller that the seller does not know of any wells on the property,
21.29or a disclosure statement indicating the legal description and county, and a map drawn
21.30from available information showing the location of each well to the extent practicable.
21.31In the disclosure statement, the seller must indicate, for each well, whether the well is in
21.32use, not in use, or sealed.
21.33 (b) At the time of closing of the sale, the disclosure statement information, name and
21.34mailing address of the buyer, and the quartile, section, township, and range in which each
22.1well is located must be provided on a well disclosure certificate signed by the seller or a
22.2person authorized to act on behalf of the seller.
22.3 (c) A well disclosure certificate need not be provided if the seller does not know
22.4of any wells on the property and the deed or other instrument of conveyance contains
22.5the statement: "The Seller certifies that the Seller does not know of any wells on the
22.6described real property."
22.7 (d) If a deed is given pursuant to a contract for deed, the well disclosure certificate
22.8required by this subdivision shall be signed by the buyer or a person authorized to act on
22.9behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
22.10certificate is not required if the following statement appears on the deed followed by the
22.11signature of the grantee or, if there is more than one grantee, the signature of at least one
22.12of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
22.13described real property." The statement and signature of the grantee may be on the front
22.14or back of the deed or on an attached sheet and an acknowledgment of the statement by
22.15the grantee is not required for the deed to be recordable.
22.16 (e) This subdivision does not apply to the sale, exchange, or transfer of real property:
22.17 (1) that consists solely of a sale or transfer of severed mineral interests; or
22.18 (2) that consists of an individual condominium unit as described in chapters 515
22.19and 515B.
22.20 (f) For an area owned in common under chapter 515 or 515B the association or other
22.21responsible person must report to the commissioner by July 1, 1992, the location and
22.22status of all wells in the common area. The association or other responsible person must
22.23notify the commissioner within 30 days of any change in the reported status of wells.
22.24 (g) For real property sold by the state under section
22.25the sale is responsible for compliance with this subdivision.
22.26 (h) If the seller fails to provide a required well disclosure certificate, the buyer, or
22.27a person authorized to act on behalf of the buyer, may sign a well disclosure certificate
22.28based on the information provided on the disclosure statement required by this section
22.29or based on other available information.
22.30 (i) A county recorder or registrar of titles may not record a deed or other instrument
22.31of conveyance dated after October 31, 1990, for which a certificate of value is required
22.32under section
22.3331, 1990, from a governmental body exempt from the payment of state deed tax, unless
22.34the deed or other instrument of conveyance contains the statement made in accordance
22.35with paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all
22.36the information required by paragraph (b) or (d). The county recorder or registrar of titles
23.1must not accept a certificate unless it contains all the required information. The county
23.2recorder or registrar of titles shall note on each deed or other instrument of conveyance
23.3accompanied by a well disclosure certificate that the well disclosure certificate was
23.4received. The notation must include the statement "No wells on property" if the disclosure
23.5certificate states there are no wells on the property. The well disclosure certificate shall not
23.6be filed or recorded in the records maintained by the county recorder or registrar of titles.
23.7After noting "No wells on property" on the deed or other instrument of conveyance, the
23.8county recorder or registrar of titles shall destroy or return to the buyer the well disclosure
23.9certificate. The county recorder or registrar of titles shall collect from the buyer or the
23.10person seeking to record a deed or other instrument of conveyance, a fee of
23.11for receipt of a completed well disclosure certificate. By the tenth day of each month,
23.12the county recorder or registrar of titles shall transmit the well disclosure certificates
23.13to the commissioner of health. By the tenth day after the end of each calendar quarter,
23.14the county recorder or registrar of titles shall transmit to the commissioner of health
23.15
23.16The commissioner shall maintain the well disclosure certificate for at least six years. The
23.17commissioner may store the certificate as an electronic image. A copy of that image
23.18shall be as valid as the original.
23.19 (j) No new well disclosure certificate is required under this subdivision if the buyer
23.20or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed
23.21or other instrument of conveyance that the status and number of wells on the property
23.22have not changed since the last previously filed well disclosure certificate. The following
23.23statement, if followed by the signature of the person making the statement, is sufficient
23.24to comply with the certification requirement of this paragraph: "I am familiar with the
23.25property described in this instrument and I certify that the status and number of wells on
23.26the described real property have not changed since the last previously filed well disclosure
23.27certificate." The certification and signature may be on the front or back of the deed or on
23.28an attached sheet and an acknowledgment of the statement is not required for the deed or
23.29other instrument of conveyance to be recordable.
23.30 (k) The commissioner in consultation with county recorders shall prescribe the form
23.31for a well disclosure certificate and provide well disclosure certificate forms to county
23.32recorders and registrars of titles and other interested persons.
23.33 (l) Failure to comply with a requirement of this subdivision does not impair:
23.34 (1) the validity of a deed or other instrument of conveyance as between the parties
23.35to the deed or instrument or as to any other person who otherwise would be bound by
23.36the deed or instrument; or
24.1 (2) the record, as notice, of any deed or other instrument of conveyance accepted for
24.2filing or recording contrary to the provisions of this subdivision.
24.3EFFECTIVE DATE.This section is effective July 1, 2008.
24.4 Sec. 16. Minnesota Statutes 2006, section 144.123, is amended to read:
24.5144.123 FEES FOR DIAGNOSTIC LABORATORY SERVICES;
24.6EXCEPTIONS.
24.7 Subdivision 1. Who must pay. Except for the limitation contained in this section,
24.8the commissioner of health shall charge a handling fee for each specimen submitted to
24.9the Department of Health for analysis for diagnostic purposes by any hospital, private
24.10laboratory, private clinic, or physician. No fee shall be charged to any entity which
24.11receives direct or indirect financial assistance from state or federal funds administered by
24.12the Department of Health, including any public health department, nonprofit community
24.13clinic,
24.14entity. No fee will be charged for any biological materials submitted to the Department
24.15of Health as a requirement of Minnesota Rules, part 4605.7040, or for those biological
24.16materials requested by the department to gather information for disease prevention or
24.17control purposes. The commissioner of health may establish
24.18the handling fee as may be necessary to
24.19protect the public's health. All fees collected pursuant to this section shall be deposited in
24.20the state treasury and credited to the state government special revenue fund.
24.21 Subd. 2.
24.22
24.23handling fee prescribed in subdivision 1. The fee shall approximate the costs to the
24.24department of handling specimens including reporting, postage, specimen kit preparation,
24.25and overhead costs. The fee prescribed in subdivision 1 shall be
24.26
24.27 Sec. 17. Minnesota Statutes 2006, section 144.125, is amended to read:
24.28144.125 TESTS OF INFANTS FOR HERITABLE AND CONGENITAL
24.29DISORDERS.
24.30 Subdivision 1. Duty to perform testing. It is the duty of (1) the administrative
24.31officer or other person in charge of each institution caring for infants 28 days or less
24.32of age, (2) the person required in pursuance of the provisions of section
24.33register the birth of a child, or (3) the nurse midwife or midwife in attendance at the
25.1birth, to arrange to have administered to every infant or child in its care tests for heritable
25.2and congenital disorders according to subdivision 2 and rules prescribed by the state
25.3commissioner of health. Testing and the recording and reporting of test results shall be
25.4performed at the times and in the manner prescribed by the commissioner of health. The
25.5commissioner shall charge
25.6will approximate the costs of conducting the tests and implementing and maintaining
25.7a system to follow-up infants with heritable or congenital disorders. The
25.8
25.9the development of new procedures may be prorated over a three-year period when
25.10calculating the amount of the fees.
25.11 Subd. 2. Determination of tests to be administered. The commissioner shall
25.12periodically revise the list of tests to be administered for determining the presence of a
25.13heritable or congenital disorder. Revisions to the list shall reflect advances in medical
25.14science, new and improved testing methods, or other factors that will improve the public
25.15health. In determining whether a test must be administered, the commissioner shall take
25.16into consideration the adequacy of
25.17or congenital disorder, the ability to treat or prevent medical conditions caused by the
25.18heritable or congenital disorder, and the severity of the medical conditions caused by the
25.19heritable or congenital disorder. The list of tests to be performed may be revised if the
25.20changes are recommended by the advisory committee established under section
25.21approved by the commissioner, and published in the State Register. The revision is
25.22exempt from the rulemaking requirements in chapter 14, and sections
25.23do not apply.
25.24 Subd. 3. Objection of parents to test. Persons with a duty to perform testing under
25.25subdivision 1 shall advise parents of infants (1) that the blood or tissue samples used to
25.26perform testing thereunder as well as the results of such testing may be retained by the
25.27Department of Health, (2) the benefit of retaining the blood or tissue sample, and (3) that
25.28the following options are available to them with respect to the testing: (i) to decline to
25.29have the tests, or (ii) to elect to have the tests but to require that all blood samples and
25.30records of test results be destroyed within 24 months of the testing. If the parents of
25.31an infant object in writing to testing for heritable and congenital disorders or elect to
25.32require that blood samples and test results be destroyed, the objection or election shall
25.33be recorded on a form that is signed by a parent or legal guardian and made part of the
25.34infant's medical record. A written objection exempts an infant from the requirements of
25.35this section and section
26.1 Sec. 18. Minnesota Statutes 2006, section 144.2215, subdivision 1, is amended to read:
26.2 Subdivision 1. Establishment. Within the limits of available appropriations, the
26.3commissioner of health shall establish and maintain an information system containing data
26.4on the cause, treatment, prevention, and cure of major birth defects. The commissioner
26.5shall consult with representatives and experts in epidemiology, medicine, insurance,
26.6health maintenance organizations, genetics, consumers, and voluntary organizations in
26.7developing the system and may phase in the implementation of the system. After the
26.8parents have provided informed consent under section 144.2216, subdivision 4, the
26.9commissioner shall offer the parents with their informed consent a visit by a trained health
26.10care worker to interview the parents about:
26.11 (1) all previous home addresses, occupations, and places of work including from
26.12childhood;
26.13 (2) the time and place of any military service; and
26.14 (3) known occasions or sites of toxic exposures.
26.15 Sec. 19. [144.355] WATER LEVEL STANDARD FOR ATRAZINE.
26.16 (a) The Department of Health in consultation with the Pollution Control Agency
26.17shall set atrazine drinking water standards for the health risk limit in private wells and
26.18the maximum contaminant level in public water systems at three ppb to comply with the
26.19federal standard determined by the United States Environmental Protection Agency.
26.20 (b) By December 31, 2007, the Department of Health in consultation with the
26.21Pollution Control Agency shall use current scientific evidence to set the drinking
26.22water standards for the health risk limit of atrazine in private wells and the maximum
26.23contaminant level of atrazine in public water systems at a level not to exceed one ppb
26.24to reflect the requirements in section 144.0751 to adequately protect the health of a
26.25developing fetus, infant, and child which requires a higher level of care due to fetal, infant,
26.26and child development.
26.27EFFECTIVE DATE.This section is effective the day following final enactment.
26.28 Sec. 20. Minnesota Statutes 2006, section 144.9502, subdivision 3, is amended to read:
26.29 Subd. 3. Reports of blood lead analysis required. (a) Every hospital, medical
26.30clinic, medical laboratory, other facility, or individual performing blood lead analysis
26.31shall report the results after the analysis of each specimen analyzed, for both capillary
26.32and venous specimens, and epidemiologic information required in this section to the
26.33commissioner of health, within the time frames set forth in clauses (1) and (2):
27.1 (1) within two working days by telephone, fax, or electronic transmission, with
27.2written or electronic confirmation within one month, for a venous blood lead level equal to
27.3or greater than
27.4 (2) within one month in writing or by electronic transmission, for any capillary
27.5result or for a venous blood lead level less than
27.6whole blood.
27.7 (b) If a blood lead analysis is performed outside of Minnesota and the facility
27.8performing the analysis does not report the blood lead analysis results and epidemiological
27.9information required in this section to the commissioner, the provider who collected the
27.10blood specimen must satisfy the reporting requirements of this section. For purposes of
27.11this section, "provider" has the meaning given in section
27.12 (c) The commissioner shall coordinate with hospitals, medical clinics, medical
27.13laboratories, and other facilities performing blood lead analysis to develop a universal
27.14reporting form and mechanism.
27.15 Sec. 21. Minnesota Statutes 2006, section 144.9504, subdivision 2, is amended to read:
27.16 Subd. 2. Lead risk assessment. (a) An assessing agency shall conduct a lead risk
27.17assessment of a residence according to the venous blood lead level and time frame set
27.18forth in clauses (1) to (4) for purposes of secondary prevention:
27.19 (1) within 48 hours of a child or pregnant female in the residence being identified to
27.20the agency as having a venous blood lead level equal to or greater than
27.21of lead per deciliter of whole blood;
27.22 (2) within five working days of a child or pregnant female in the residence being
27.23identified to the agency as having a venous blood lead level equal to or greater than
27.24micrograms of lead per deciliter of whole blood;
27.25 (3) within ten working days of a child in the residence being identified to the agency
27.26as having a venous blood lead level equal to or greater than
27.27per deciliter of whole blood; or
27.28 (4) within ten working days of a pregnant female in the residence being identified to
27.29the agency as having a venous blood lead level equal to or greater than ten micrograms of
27.30lead per deciliter of whole blood.
27.31 (b) Within the limits of available local, state, and federal appropriations, an assessing
27.32agency may also conduct a lead risk assessment for children with any elevated blood
27.33lead level.
27.34 (c) In a building with two or more dwelling units, an assessing agency shall assess
27.35the individual unit in which the conditions of this section are met and shall inspect all
28.1common areas accessible to a child. If a child visits one or more other sites such as another
28.2residence, or a residential or commercial child care facility, playground, or school, the
28.3assessing agency shall also inspect the other sites. The assessing agency shall have one
28.4additional day added to the time frame set forth in this subdivision to complete the lead
28.5risk assessment for each additional site.
28.6 (d) Within the limits of appropriations, the assessing agency shall identify the
28.7known addresses for the previous 12 months of the child or pregnant female with venous
28.8blood lead levels of at least
28.9
28.10and tenants at those addresses that an elevated blood lead level was found in a person
28.11who resided at the property; and give them primary prevention information. Within the
28.12limits of appropriations, the assessing agency may perform a risk assessment and issue
28.13corrective orders in the properties, if it is likely that the previous address contributed to
28.14the child's or pregnant female's blood lead level. The assessing agency shall provide the
28.15notice required by this subdivision without identifying the child or pregnant female with
28.16the elevated blood lead level. The assessing agency is not required to obtain the consent of
28.17the child's parent or guardian or the consent of the pregnant female for purposes of this
28.18subdivision. This information shall be classified as private data on individuals as defined
28.19under section
28.20 (e) The assessing agency shall conduct the lead risk assessment according to rules
28.21adopted by the commissioner under section
28.22lead risk assessments performed by lead risk assessors licensed by the commissioner
28.23according to rules adopted under section
28.24a lead risk assessment, the assessing agency shall begin legal proceedings to gain entry
28.25to the property and the time frame for conducting a lead risk assessment set forth in this
28.26subdivision no longer applies. A lead risk assessor or assessing agency may observe the
28.27performance of lead hazard reduction in progress and shall enforce the provisions of this
28.28section under section
28.29tested with appropriate analytical equipment to determine the lead content, except that
28.30deteriorated painted surfaces or bare soil need not be tested if the property owner agrees to
28.31engage in lead hazard reduction on those surfaces. The lead content of drinking water
28.32must be measured if another probable source of lead exposure is not identified. Within a
28.33standard metropolitan statistical area, an assessing agency may order lead hazard reduction
28.34of bare soil without measuring the lead content of the bare soil if the property is in a
28.35census tract in which soil sampling has been performed according to rules established by
29.1the commissioner and at least 25 percent of the soil samples contain lead concentrations
29.2above the standard in section
29.3 (f) Each assessing agency shall establish an administrative appeal procedure which
29.4allows a property owner to contest the nature and conditions of any lead order issued by
29.5the assessing agency. Assessing agencies must consider appeals that propose lower cost
29.6methods that make the residence lead safe. The commissioner shall use the authority and
29.7appeal procedure granted under sections
29.8 (g) Sections
29.9from charging a property owner for the cost of a lead risk assessment.
29.10 Sec. 22. Minnesota Statutes 2006, section 144.9507, is amended by adding a
29.11subdivision to read:
29.12 Subd. 6. Medical assistance. Medical assistance reimbursement for lead risk
29.13assessment services under section 256B.0625, subdivision 49, shall not be used to replace
29.14or decrease existing state or local funding for lead services and lead-related activities.
29.15 Sec. 23. Minnesota Statutes 2006, section 144.9512, is amended to read:
29.16144.9512 LEAD ABATEMENT PROGRAM.
29.17 Subdivision 1. Definitions. (a) The definitions in section
29.18subdivision apply to this section.
29.19 (b)
29.20
29.21
29.22
29.23
29.24 Subd. 2. Grants; administration. Within the limits of the available appropriation,
29.25the commissioner
29.26
29.27currently operating the CLEARCorps lead hazard reduction project to train workers to
29.28provide swab team services
29.29
29.30
29.31
29.32
29.33
29.34
30.1
30.2
30.3
30.4
30.5
30.6
30.7
30.8
30.9
30.10
30.11
30.12
30.13
30.14
30.15
30.16
30.17
30.18
30.19
30.20
30.21
30.22
30.23
30.24
30.25
30.26
30.27
30.28
30.29
30.30
30.31
30.32
30.33
30.34
30.35
30.36
31.1
31.2
31.3
31.4
31.5
31.6
31.7
31.8
31.9
31.10
31.11
31.12
31.13 Subd. 4.
31.14
31.15
31.16must
31.17and that all swab team workers are certified by the Department of Health under section
31.19
31.20may participate in the program by:
31.21 (1) providing on-the-job training for swab team workers;
31.22 (2) providing swab team services to meet the requirements of sections
31.23subdivision 4
31.24 (3) providing
31.25
31.26subdivision 17;
31.27
31.28
31.29described in section
31.30
31.31appropriate lead control techniques, including the lead-safe directives developed by the
31.32commissioner of health
31.33 (6) conducting blood lead testing events including screening children and pregnant
31.34women according to Department of Health screening guidelines;
31.35 (7) performing case management services according to Department of Health case
31.36management guidelines; or
32.1 (8) conducting mandated risk assessments under Minnesota Statutes, section
32.2144.9504, subdivision 2.
32.3
32.4
32.5
32.6
32.7
32.8
32.9
32.10
32.11
32.12
32.13
32.14 Subd. 5. Swab team workers. Each worker engaged in swab team services
32.15established under this section must have blood lead concentrations below 15 micrograms
32.16of lead per deciliter of whole blood as determined by a baseline blood lead screening.
32.17
32.18screening and must
32.19in this subdivision.
32.20procedures including following the lead-safe directives developed by the commissioner of
32.21health to reduce risk of elevated blood lead levels.
32.22and participating contractors must report all employee blood lead levels that exceed 15
32.23micrograms of lead per deciliter of whole blood to the commissioner of health.
32.24
32.25
32.26
32.27
32.28
32.29
32.30
32.31
32.32
32.33
32.34
32.35
33.1
33.2
33.3
33.4
33.5
33.6
33.7
33.8
33.9
33.10
33.11
33.12
33.13
33.14
33.15
33.16
33.17
33.18
33.19
33.20
33.21
33.22
33.23
33.24
33.25
33.26
33.27
33.28
33.29
33.30
33.31
33.32
33.33
33.34
33.35
33.36
34.1
34.2
34.3
34.4
34.5
34.6
34.7
34.8
34.9
34.10
34.11 Subd. 9. Program benefits. As a condition of providing swab team services under
34.12this section,
34.13rents on a property solely as a result of a substantial improvement made with public
34.14funds under the programs in this section.
34.15 Subd. 10. Requirements of
34.16organization.
34.17
34.18to the commissioner beginning three months after receipt of the grant.
34.19 Sec. 24. [144.966] EARLY HEARING DETECTION AND INTERVENTION
34.20ACT.
34.21 Subdivision 1. Definitions. (a) "Child" means a person 18 years of age or younger.
34.22 (b) "False positive rate" means the proportion of infants identified as having a
34.23significant hearing loss by the screening process who are ultimately found to not have a
34.24significant hearing loss.
34.25 (c) "False negative rate" means the proportion of infants not identified as having
34.26a significant hearing loss by the screening process who are ultimately found to have a
34.27significant hearing loss.
34.28 (d) "Hearing screening test" means automated auditory brain stem response,
34.29otoacoustic emissions, or another appropriate screening test approved by the Department
34.30of Health.
34.31 (e) "Hospital" means a birthing health care facility or birthing center licensed in
34.32this state that provides obstetrical services.
34.33 (f) "Infant" means a child who is not a newborn and has not attained the age of
34.34one year.
34.35 (g) "Newborn" means an infant 28 days old or younger.
35.1 (h) "Parent" means a natural parent, stepparent, adoptive parent, guardian, or
35.2custodian of a newborn or infant.
35.3 Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The
35.4commissioner of health shall appoint a Newborn Hearing Screening Advisory Committee
35.5to advise and assist the Department of Health and the Department of Education in:
35.6 (1) developing protocols and timelines for screening, rescreening, and diagnostic
35.7audiological assessment and early medical, audiological, and educational intervention
35.8services for children who are deaf or hard-of-hearing;
35.9 (2) designing protocols for tracking children from birth through age three that may
35.10have passed newborn screening but are at risk for delayed or late onset of permanent
35.11hearing loss;
35.12 (3) designing a technical assistance program to support facilities implementing the
35.13screening program and facilities conducting rescreening and diagnostic audiological
35.14assessment;
35.15 (4) designing implementation and evaluation of a system of follow-up and tracking;
35.16and
35.17 (5) evaluating program outcomes to increase effectiveness and efficiency and ensure
35.18culturally appropriate services for children with a confirmed hearing loss and their families.
35.19 (b) Membership of the committee shall include at least one member from each of the
35.20following groups with no less than two of the members being deaf or hard-of-hearing:
35.21 (1) a representative from a consumer organization representing culturally deaf
35.22persons;
35.23 (2) a parent with a child with hearing loss representing a parent organization;
35.24 (3) a consumer from an organization representing oral communication options;
35.25 (4) a consumer from an organization representing cued speech communication
35.26options;
35.27 (5) an audiologist who has experience in evaluation and intervention of infants
35.28and young children;
35.29 (6) a speech-language pathologist who has experience in evaluation and intervention
35.30of infants and young children;
35.31 (7) two primary care providers who have experience in the care of infants and young
35.32children, one of which shall be a pediatrician;
35.33 (8) a representative from the early hearing detection intervention teams;
35.34 (9) a representative from the Department of Education resource center for the deaf
35.35and hard-of-hearing or their designee;
36.1 (10) a representative of the Minnesota Commission Serving Deaf and Hard of
36.2Hearing People;
36.3 (11) a representative from the Department of Human Services Deaf and Hard of
36.4Hearing Services Division;
36.5 (12) one or more of the Part C coordinators from the Department of Education, the
36.6Department of Health, or the Department of Human Services or their designee;
36.7 (13) the Department of Health early hearing detection and intervention coordinator;
36.8 (14) two birth hospital representatives from one rural and one urban hospital;
36.9 (15) a pediatric geneticist;
36.10 (16) an otolaryngologist;
36.11 (17) a representative from the Newborn Screening Advisory Committee under
36.12this subdivision; and
36.13 (18) a representative of the Department of Education regional low-incidence
36.14facilitators.
36.15 The Department of Health member shall chair the first meeting of the committee.
36.16At the first meeting, the committee shall elect a chairperson from its membership. The
36.17committee shall meet at the call of the chairperson, at least four times a year. The
36.18committee shall adopt written bylaws to govern its activities. The Department of Health
36.19shall provide technical and administrative support services as required by the committee.
36.20These services shall include technical support from individuals qualified to administer
36.21infant hearing screening, rescreening, and diagnostic audiological assessments.
36.22 Members of the committee shall receive no compensation for their service, but
36.23shall be reimbursed for expenses incurred as a result of their duties as members of the
36.24committee.
36.25 Subd. 3. Newborn and infant hearing screening programs. All hospitals shall
36.26establish a Universal Newborn Hearing and Infant Screening (UNHS) program. Each
36.27UNHS program shall:
36.28 (1) in advance of any hearing screening testing, provide to the newborn's or infant's
36.29parents information concerning the nature of the screening procedure, applicable costs of
36.30the screening procedure, the potential risks and effects of hearing loss, and the benefits of
36.31early detection and intervention;
36.32 (2) comply with parental consent under section 144.125, subdivision 3;
36.33 (3) develop policies and procedures for screening and rescreening based on
36.34Department of Health recommendations;
36.35 (4) provide appropriate training and monitoring of individuals responsible for
36.36performing hearing screening tests as recommended by the Department of Health;
37.1 (5) test the newborn's hearing prior to discharge, or, if the newborn is expected to
37.2remain in the hospital for a prolonged period, testing shall be performed prior to three
37.3months of age, or when medically feasible;
37.4 (6) develop and implement procedures for documenting the results of all hearing
37.5screening tests;
37.6 (7) inform the baby's parents or parent, primary care physician, and the Department
37.7of Health according to recommendations of the Department of Health of the results of the
37.8hearing screening test or rescreening if conducted, or if the newborn or infant was not
37.9successfully tested. The hospital that discharges the baby to home is responsible for
37.10the screening; and
37.11 (8) collect performance data specified by the Department of Health.
37.12 Subd. 4. Notification and information. (a) Notification to the parents, primary
37.13care provider, and Department of Health shall occur prior to discharge or no later than ten
37.14days following the date of testing. Notification shall include information recommended by
37.15the Department of Health.
37.16 (b) A physician, nurse, midwife, or other health professional attending a birth outside
37.17a hospital or institution shall provide information, orally and in writing, as established by
37.18the Department of Health, to parents regarding places where the parents may have their
37.19infants' hearing screened and the importance of such screening.
37.20 (c) The professional conducting the diagnostic procedure to confirm the hearing loss
37.21must report the results to the parents, primary care provider, and Department of Health
37.22according to the Department of Health recommendations.
37.23 Subd. 5. Oversight responsibility. The Department of Health shall exercise
37.24oversight responsibility for UNHS programs, including establishing a performance data
37.25set and reviewing performance data collected by each hospital.
37.26 Subd. 6. Civil and criminal immunity and penalties. (a) No physician or hospital
37.27shall be civilly or criminally liable for failure to conduct hearing screening testing.
37.28 (b) No physician, midwife, nurse, other health professional, or hospital acting in
37.29compliance with this section shall be civilly or criminally liable for any acts conforming
37.30with this section, including furnishing information required according to this section.
37.31 Subd. 7. Laboratory service fees. The commissioner shall charge laboratory
37.32service fees according to section 16A.1285 so that the total of fees collected will
37.33approximate the costs of implementing and maintaining a system to follow up infants,
37.34provide technical assistance, a tracking system, data management, and evaluation.
37.35EFFECTIVE DATE.This section is effective the day following final enactment.
38.1 Sec. 25. [144.967] ARSENIC HEALTH RISK STANDARD.
38.2 Subdivision 1. Arsenic health risk standard established. The commissioner of
38.3health in cooperation with the commissioners of agriculture and the Pollution Control
38.4Agency responsible for monitoring land and water cleanup and soil contamination
38.5information shall determine a health risk standard for human exposure to arsenic. The
38.6commissioner of health shall ensure that the established arsenic health risk standard is
38.7included in all information provided to the public.
38.8 Subd. 2. Information. The commissioner of health, in consultation with the
38.9commissioners of agriculture and the Pollution Control Agency with jurisdiction over
38.10soil and water contamination, shall establish a central information source available to
38.11the public to provide accurate information on arsenic soil and water contamination in
38.12residential areas.
38.13 Subd. 3. Testing for arsenic. (a) The commissioner of health shall ensure access
38.14to medical testing for arsenical pesticide exposure to persons living within one mile of
38.15the CMC Heartland Lite Yard Superfund site who are not covered by health insurance or
38.16medical assistance.
38.17 (b) Through an agreement with the United States Environmental Protection Agency,
38.18the commissioner shall ensure soil testing is available to households within one mile of the
38.19CMC Heartland Lite Yard Superfund site at no cost to the residents.
38.20 Subd. 4. Evaluation. The commissioner of health shall evaluate the cumulative
38.21health impact burdens of environmental toxins in the residential communities impacted by
38.22arsenic-contaminated soil from the CMC Heartland Lite Yard Superfund site. The first
38.23priority shall be to evaluate health burdens to those communities experiencing health
38.24disparities as documented by the Minority and Multicultural Health Division of the
38.25Minnesota Department of Health.
38.26 Sec. 26. [144.995] DEFINITIONS.
38.27 (a) For purposes of sections 144.995 to 144.998, the terms in this section have
38.28the meanings given.
38.29 (b) "Advisory panel" means the Environmental Health Tracking and Biomonitoring
38.30Advisory Panel established under section 144.998.
38.31 (c) "Biomonitoring" means the process by which chemicals and their metabolites are
38.32identified and measured within a biospecimen.
38.33 (d) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably
38.34available as a medium to measure the presence and concentration of chemicals or their
38.35metabolites in a human body.
39.1 (e) "Commissioner" means the commissioner of the Department of Health.
39.2 (f) "Community" means geographically or nongeographically-based populations
39.3that may participate in the biomonitoring program. A "nongeographical community"
39.4includes, but is not limited to, populations that may share a common chemical exposure
39.5through similar occupations, populations experiencing a common health outcome that
39.6may be linked to chemical exposures, or populations that may experience similar chemical
39.7exposures because of comparable consumption, lifestyle, product use, or subpopulations
39.8that share ethnicity, age, or gender.
39.9 (g) "Department" means the Department of Health.
39.10 (h) "Designated chemicals" means those chemicals that are known to, or strongly
39.11suspected of, adversely impacting human health or development, based upon scientific,
39.12peer-reviewed animal, human, or in vitro studies, and baseline human exposure data,
39.13and consists of chemical families or metabolites that are included in the federal Centers
39.14for Disease Control and Prevention studies that are known collectively as the National
39.15Reports on Human Exposure to Environmental Chemicals program and any substances
39.16specified under section 144.998, subdivision 3, clause (6).
39.17 (i) "Environmental hazard" means a chemical, metal, or other substance for which
39.18scientific, peer-reviewed studies of humans, animals, or cells have demonstrated that the
39.19chemical is known or reasonably anticipated to adversely impact human health.
39.20 (j) "Environmental health tracking" means collection, integration, analysis, and
39.21dissemination of data on human exposures to chemicals in the environment and on
39.22diseases potentially caused or aggravated by those chemicals.
39.23 Sec. 27. [144.996] ENVIRONMENTAL HEALTH TRACKING;
39.24BIOMONITORING.
39.25 Subdivision 1. Environmental health tracking. In cooperation with the
39.26commissioner of the Pollution Control Agency, the commissioner shall establish an
39.27environmental health tracking program to:
39.28 (1) coordinate data collection activities with the Pollution Control Agency,
39.29Department of Agriculture, University of Minnesota, and any other relevant state agency
39.30and work to promote the sharing of and access to health and environmental databases
39.31in order to develop an environmental health tracking system for Minnesota, consistent
39.32with applicable data practices laws;
39.33 (2) facilitate the dissemination of public health tracking data to the public and
39.34researchers in accessible format and provide technical assistance on interpreting the data;
40.1 (3) develop written data sharing agreements with the Minnesota Pollution Control
40.2Agency, Department of Agriculture, and other relevant state agencies and organizations,
40.3and develop additional procedures as needed to protect individual privacy;
40.4 (4) develop a strategic plan that includes a mission statement, the identification of
40.5core priorities for research and epidemiologic surveillance, the identification of internal
40.6and external stakeholders, and a work plan describing future program development;
40.7 (5) organize, analyze, and interpret available data, in order to:
40.8 (i) characterize statewide and localized trends and geographic patterns of prevalence
40.9and incidence of chronic diseases, including, but not limited to, cancer, respiratory
40.10diseases, reproductive problems, birth defects, neurologic diseases, and developmental
40.11disorders;
40.12 (ii) recommend to the commissioner methods to improve data collection on
40.13statewide population rates of chronic diseases and the occurrence of environmental
40.14hazards and exposures;
40.15 (iii) characterize statewide and localized trends and geographic patterns in the
40.16occurrence of environmental hazards and exposures;
40.17 (iv) assess the level of correlation with disease rate data and indicators of exposure
40.18such as biomonitoring data, and other health and environmental data;
40.19 (v) incorporate newly collected and existing health tracking and biomonitoring
40.20data into efforts to identify communities with elevated rates of chronic disease, higher
40.21likelihood of exposure to environmental pollutants, or both;
40.22 (vi) analyze occurrence of environmental hazards, exposures, and diseases with
40.23relation to socioeconomic status, race, and ethnicity;
40.24 (vii) develop and implement targeted plans to conduct more intensive health tracking
40.25and biomonitoring among communities;
40.26 (viii) work with the Pollution Control Agency, the Department of Agriculture, and
40.27other relevant state agency personnel and organizations to develop, implement, and
40.28evaluate preventive measures to reduce elevated rates of diseases and exposures identified
40.29through activities performed under sections 144.995 to 144.998; and
40.30 (ix) provide baseline data and present descriptive information relevant to policy
40.31formation that are consistent with existing goals of the department; and
40.32 (6) submit a biennial report to the legislature by January 15, beginning January
40.3315, 2009, on the status of environmental health tracking activities and related research
40.34programs, and making recommendations regarding the continuation and improvement of
40.35the programs.
40.36 Subd. 2. Biomonitoring. The commissioner shall:
41.1 (1) conduct biomonitoring of communities on a voluntary basis by collecting and
41.2analyzing biospecimens, as appropriate, to assess environmental exposures to designated
41.3chemicals;
41.4 (2) conduct biomonitoring of pregnant women and minors on a voluntary basis,
41.5when scientifically appropriate;
41.6 (3) communicate findings to the public, and plan ensuing stages of biomonitoring
41.7and disease tracking work to further develop and refine the integrated analysis;
41.8 (4) share analytical results with the advisory panel and work with the panel
41.9to interpret results, communicate findings to the public, and plan ensuing stages of
41.10biomonitoring work; and
41.11 (5) submit a biennial report to the legislature by January 15, beginning January
41.1215, 2009, on the status of the biomonitoring program and any recommendations for
41.13improvement.
41.14 Subd. 3. Health data. Data collected under the biomonitoring program are health
41.15data under section 13.3805.
41.16 Sec. 28. [144.997] BIOMONITORING PILOT PROGRAM.
41.17 Subdivision 1. Pilot program. With advice from the advisory panel, the
41.18commissioner shall develop a biomonitoring pilot program. The program shall collect
41.19one biospecimen from each of the voluntary participants. The biospecimen selected must
41.20be the biospecimen that most accurately represents body concentration of the chemical
41.21of interest. Each biospecimen from the voluntary participants must be analyzed for one
41.22type or class of related chemicals or metals, based on recommendations from the advisory
41.23panel. The panel shall determine the chemical or class of chemicals that community
41.24members were most likely exposed to. The program shall collect and assess biospecimens
41.25in accordance with the following:
41.26 (1) 30 voluntary participants from each of three communities that the advisory panel
41.27identifies as likely to have been exposed to a designated chemical;
41.28 (2) 100 voluntary participants from each of two communities: (i) that the advisory
41.29panel identifies as likely to have been exposed to arsenic and (ii) that the advisory panel
41.30identifies as likely to have been exposed to mercury; and
41.31 (3) 100 voluntary participants from each of two communities that the advisory panel
41.32identifies as likely to have been exposed to perfluorinated chemicals.
41.33 Subd. 2. Base program. Following the conclusion of the pilot program and within
41.34the appropriations available, the program shall:
42.1 (1) collect and assess biospecimens from at least as many voluntary participants and
42.2communities as identified in subdivision 1, clause (1); and
42.3 (2) work with the advisory panel to assess the usefulness of continuing biomonitoring
42.4among members of communities assessed during the initial phase of the program,
42.5and to identify other communities and other designated chemicals to be assessed via
42.6biomonitoring.
42.7 Subd. 3. Participation. (a) Participation in the biomonitoring program by providing
42.8biospecimens is voluntary and requires written, informed consent. Minors may participate
42.9in the program if a written consent is signed by the minor's parent or legal guardian.
42.10The written consent must include the information required to be provided under this
42.11subdivision to all voluntary participants.
42.12 (b) All participants shall be evaluated for the presence of the designated chemical
42.13of interest as a component of the biomonitoring process. Participants shall be provided
42.14with information and fact sheets about the program's activities and its findings.
42.15Individual participants shall, if requested, receive their complete results. Any results
42.16provided to participants shall be subject to the Department of Health Institutional
42.17Review Board protocols and guidelines. When either physiological or chemical data
42.18obtained from a participant indicate a significant known health risk, program staff
42.19experienced in communicating biomonitoring results shall consult with the individual
42.20and recommend follow-up steps, as appropriate. Program administrators shall receive
42.21training in administering the program in an ethical, culturally sensitive, participatory,
42.22and community-based manner.
42.23 Subd. 4. Program guidelines. (a) The commissioner, in consultation with the
42.24advisory panel, shall develop:
42.25 (1) protocols or program guidelines that address the science and practice of
42.26biomonitoring to be utilized and procedures for changing those protocols to incorporate
42.27new and more accurate or efficient technologies as they become available. The protocols
42.28shall be developed utilizing a peer-review process in a manner that is participatory and
42.29community-based in design, implementation, and evaluation;
42.30 (2) guidelines for ensuring the privacy of information; informed consent; follow-up
42.31counseling and support; and communicating findings to participants, communities, and
42.32the general public. The informed consent used for the program must meet the informed
42.33consent protocols developed by the National Institutes of Health;
42.34 (3) educational and outreach materials that are culturally appropriate for
42.35dissemination to program participants and communities. Priority shall be given to the
42.36development of materials specifically designed to ensure that parents are informed about
43.1all of the benefits of breastfeeding so that the program does not result in an unjustified fear
43.2of toxins in breast milk, which might inadvertently lead parents to avoid breastfeeding.
43.3The materials shall communicate relevant scientific findings; data on the accumulation
43.4of pollutants to community health; and the required responses by local, state, and other
43.5governmental entities in regulating toxicant exposures;
43.6 (4) a training program that is culturally sensitive specifically for health care
43.7providers, health educators, and other program administrators;
43.8 (5) a designation process for state and private laboratories that are qualified to
43.9analyze biospecimens and report the findings; and
43.10 (6) a method for informing affected communities and local governments representing
43.11those communities concerning biomonitoring activities and for receiving comments from
43.12citizens concerning those activities.
43.13 (b) The commissioner may enter into contractual agreements with health clinics,
43.14community-based organizations, or experts in a particular field to perform any of the
43.15activities described under this section.
43.16 Sec. 29. [144.998] ENVIRONMENTAL HEALTH TRACKING AND
43.17BIOMONITORING ADVISORY PANEL.
43.18 Subdivision 1. Creation. The commissioner shall establish the Environmental
43.19Health Tracking and Biomonitoring Advisory Panel. The commissioner shall appoint,
43.20from the panel's membership, a chair. The panel shall meet as often as it deems necessary
43.21but, at a minimum, on a quarterly basis. Members of the panel shall serve without
43.22compensation but shall be reimbursed for travel and other necessary expenses incurred
43.23through performance of their duties. Members appointed under this subdivision are
43.24appointed for a three-year term and may be reappointed.
43.25 Subd. 2. Members. The commissioner shall appoint eight members who have
43.26backgrounds or training in designing, implementing, and interpreting health tracking and
43.27biomonitoring studies or in related fields of science, including epidemiology, biostatistics,
43.28environmental health, laboratory sciences, occupational health, industrial hygiene,
43.29toxicology, and public health, including:
43.30 (1) two scientists who represent nongovernmental organizations with a focus on
43.31environmental health, environmental justice, children's health, or on specific chronic
43.32diseases; and
43.33 (2) one scientist who is a representative of the University of Minnesota.
44.1 In addition, the commissioner shall appoint one member representing each of the
44.2following departments or divisions: the department's health promotion and chronic disease
44.3division, the Pollution Control Agency, and the Department of Agriculture.
44.4 Subd. 3. Duties. The advisory panel shall make recommendations to the
44.5commissioner and the legislature on:
44.6 (1) priorities for health tracking;
44.7 (2) priorities for biomonitoring that are based on sound science and practice, and
44.8that will advance the state of public health in Minnesota;
44.9 (3) specific chronic diseases to study under the environmental health tracking system;
44.10 (4) specific environmental pollutant exposures to study under the environmental
44.11health tracking system;
44.12 (5) specific communities and geographic areas on which to focus environmental
44.13health tracking and biomonitoring efforts;
44.14 (6) specific chemicals and metals to study under the biomonitoring program that
44.15meet the following criteria:
44.16 (i) the degree of potential exposure to the public or specific subgroups, including,
44.17but not limited to, occupational;
44.18 (ii) the likelihood of a chemical being a carcinogen or toxicant based on
44.19peer-reviewed health data, the chemical structure, or the toxicology of chemically related
44.20compounds;
44.21 (iii) the limits of laboratory detection for the chemical, including the ability to detect
44.22the chemical at low enough levels that could be expected in the general population;
44.23 (iv) exposure or potential exposure to the public or specific subgroups;
44.24 (v) the known or suspected health effects resulting from the same level of exposure
44.25based on peer-reviewed scientific studies;
44.26 (vi) the need to assess the efficacy of public health actions to reduce exposure to a
44.27chemical;
44.28 (vii) the availability of a biomonitoring analytical method with adequate accuracy,
44.29precision, sensitivity, specificity, and speed;
44.30 (viii) the availability of adequate biospecimen samples; and
44.31 (ix) other criteria that the panel may agree to; and
44.32 (7) other aspects of the design, implementation, and evaluation of the environmental
44.33health tracking and biomonitoring system, including, but not limited to:
44.34 (i) identifying possible community partners and sources of additional public or
44.35private funding;
44.36 (ii) developing outreach and educational methods and materials; and
45.1 (iii) disseminating environmental health tracking and biomonitoring findings to
45.2the public.
45.3 Subd. 4. Liability. No member of the panel shall be held civilly or criminally liable
45.4for an act or omission by that person if the act or omission was in good faith and within
45.5the scope of the member's responsibilities under sections 144.995 to 144.998.
45.6 Sec. 30. Minnesota Statutes 2006, section 144E.101, subdivision 6, is amended to read:
45.7 Subd. 6. Basic life support. (a) Except as provided in paragraph (e), a basic life
45.8support ambulance shall be staffed by at least two ambulance service personnel, at least
45.9one of which must be an EMT, who provide a level of care so as to ensure that:
45.10 (1) life-threatening situations and potentially serious injuries are recognized;
45.11 (2) patients are protected from additional hazards;
45.12 (3) basic treatment to reduce the seriousness of emergency situations is administered;
45.13and
45.14 (4) patients are transported to an appropriate medical facility for treatment.
45.15 (b) A basic life support service shall provide basic airway management.
45.16 (c) By January 1, 2001, a basic life support service shall provide automatic
45.17defibrillation, as provided in section
45.18 (d) A basic life support service licensee's medical director may authorize the
45.19ambulance service personnel to carry and to use medical antishock trousers and to perform
45.20intravenous infusion if the ambulance service personnel have been properly trained.
45.21 (e) Upon application from an ambulance service that includes evidence
45.22demonstrating hardship, the board may grant a
45.23requirements in paragraph (a) and may authorize a basic life support ambulance to be
45.24staffed by one EMT and one first responder. The variance shall apply to basic life support
45.25ambulances operated by the ambulance service
45.26
45.27expires, an ambulance service may apply for a new variance under this paragraph. For
45.28purposes of this paragraph, "ambulance service" means either an ambulance service whose
45.29primary service area is located outside the metropolitan counties listed in section
45.30subdivision 4
45.31Cloud; or an ambulance service based in a community with a population of less than 1,000.
45.32 Sec. 31. Minnesota Statutes 2006, section 144E.127, is amended to read:
45.33144E.127 INTERHOSPITAL; INTERFACILITY TRANSFER.
46.1 Subdivision 1. Interhospital transfers. When transporting a patient from one
46.2licensed hospital to another, a licensee may substitute for one of the required ambulance
46.3service personnel, a physician, a registered nurse, or physician's assistant who has been
46.4trained to use the equipment in the ambulance and is knowledgeable of the licensee's
46.5ambulance service protocols.
46.6 Subd. 2. Interfacility transfers. In an interfacility transport, a licensee whose
46.7primary service area is located outside the metropolitan counties listed in section 473.121,
46.8subdivision 4, and outside the cities of Duluth, Mankato, Moorhead, Rochester, and St.
46.9Cloud; or an ambulance service based in a community with a population of less than 1,000,
46.10may substitute one EMT with a registered first responder if an EMT or EMT-paramedic,
46.11physician, registered nurse, or physician's assistant is in the patient compartment. If using
46.12a physician, registered nurse, or physician's assistant as the sole provider in the patient
46.13compartment, the individual must be trained to use the equipment in the ambulance and be
46.14knowledgeable of the ambulance service protocols.
46.15 Sec. 32. Minnesota Statutes 2006, section 144E.35, subdivision 1, is amended to read:
46.16 Subdivision 1. Repayment for volunteer training.
46.17
46.18be reimbursed by the board for the necessary expense of the initial training of a volunteer
46.19ambulance attendant upon successful completion by the attendant of a basic emergency
46.20care course, or a continuing education course for basic emergency care, or both, which has
46.21been approved by the board, pursuant to section
46.22tuition, transportation, food, lodging, hourly payment for the time spent in the training
46.23course, and other necessary expenditures, except that in no instance shall a volunteer
46.24ambulance attendant be reimbursed more than
46.25basic course, and
46.26 Sec. 33. Minnesota Statutes 2006, section 145A.17, is amended to read:
46.27145A.17 FAMILY HOME VISITING PROGRAMS.
46.28 Subdivision 1. Establishment; goals. The commissioner shall establish a program
46.29to fund family home visiting programs designed to foster
46.30
46.31pregnancy outcomes, promote school readiness, prevent child abuse and neglect, reduce
46.32juvenile delinquency, promote positive parenting and resiliency in children, and promote
46.33family health and economic self-sufficiency for children and families. The commissioner
46.34shall promote partnerships, collaboration, and multidisciplinary visiting done by teams of
47.1professionals and paraprofessionals from the fields of public health nursing, social work,
47.2and early childhood education. A program funded under this section must serve families
47.3at or below 200 percent of the federal poverty guidelines, and other families determined
47.4to be at risk, including but not limited to being at risk for child abuse, child neglect, or
47.5juvenile delinquency. Programs must
47.6
47.7must be targeted to families with:
47.8 (1) adolescent parents;
47.9 (2) a history of alcohol or other drug abuse;
47.10 (3) a history of child abuse, domestic abuse, or other types of violence;
47.11 (4) a history of domestic abuse, rape, or other forms of victimization;
47.12 (5) reduced cognitive functioning;
47.13 (6) a lack of knowledge of child growth and development stages;
47.14 (7) low resiliency to adversities and environmental stresses;
47.15 (8) insufficient financial resources to meet family needs;
47.16 (9) a history of homelessness;
47.17 (10) a risk of long-term welfare dependence or family instability due to employment
47.18barriers; or
47.19 (11) other risk factors as determined by the commissioner.
47.20 Subd. 3. Requirements for programs; process. (a)
47.21
47.22
47.23
47.24
47.25
47.26and tribal governments that receive funding under this section must submit a plan to
47.27the commissioner describing a multidisciplinary approach to targeted home visiting for
47.28families. The plan must be submitted on forms provided by the commissioner. At a
47.29minimum, the plan must include the following:
47.30 (1) a description of outreach strategies to families prenatally or at birth;
47.31 (2) provisions for the seamless delivery of health, safety, and early learning services;
47.32 (3) methods to promote continuity of services when families move within the state;
47.33 (4) a description of the community demographics;
47.34 (5) a plan for meeting outcome measures; and
47.35 (6) a proposed work plan that includes:
47.36 (i) coordination to ensure nonduplication of services for children and families;
48.1 (ii) a description of the strategies to ensure that children and families at greatest risk
48.2receive appropriate services; and
48.3 (iii) collaboration with multidisciplinary partners including public health,
48.4ECFE, Head Start, community health workers, social workers, community home
48.5visiting programs, school districts, and other relevant partners. Letters of intent from
48.6multidisciplinary partners must be submitted with the plan.
48.7 (b) Each program that receives funds must accomplish the following program
48.8requirements:
48.9 (1) use
48.10provide preventive and early intervention home visiting services;
48.11 (2) offer a home visit by a trained home visitor. If a home visit is accepted, the first
48.12home visit must occur prenatally or as soon after birth as possible and must include a
48.13public health nursing assessment by a public health nurse;
48.14 (3) offer, at a minimum, information on infant care, child growth and development,
48.15positive parenting, preventing diseases, preventing exposure to environmental hazards,
48.16and support services available in the community;
48.17 (4) provide information on and referrals to health care services, if needed, including
48.18information on and assistance in applying for health care coverage for which the child or
48.19family may be eligible; and provide information on preventive services, developmental
48.20assessments, and the availability of public assistance programs as appropriate;
48.21 (5) provide youth development programs when appropriate;
48.22 (6) recruit home visitors who will represent, to the extent possible, the races,
48.23cultures, and languages spoken by families that may be served;
48.24 (7) train and supervise home visitors in accordance with the requirements established
48.25under subdivision 4;
48.26 (8) maximize resources and minimize duplication by coordinating
48.27contracting with local social and human services organizations, education organizations,
48.28and other appropriate governmental entities and community-based organizations and
48.29agencies;
48.30 (9) utilize appropriate racial and ethnic approaches to providing home visiting
48.31services; and
48.32 (10) connect eligible families, as needed, to additional resources available in the
48.33community, including, but not limited to, early care and education programs, health or
48.34mental health services, family literacy programs, employment agencies, social services,
48.35and child care resources and referral agencies.
49.1 (c) When available, programs that receive funds under this section must offer or
49.2provide the family with a referral to center-based or group meetings that meet at least
49.3once per month for those families identified with additional needs. The meetings must
49.4focus on further enhancing the information, activities, and skill-building addressed during
49.5home visitation; offering opportunities for parents to meet with and support each other;
49.6and offering infants and toddlers a safe, nurturing, and stimulating environment for
49.7socialization and supervised play with qualified teachers.
49.8
49.9commissioner shall establish an administrative cost limit for recipients of funds. The
49.10outcome measures established under subdivision 6 must be specified to recipients of
49.11funds at the time the funds are distributed.
49.12
49.13remain confidential and must not be disclosed by providers of home visiting services
49.14without a specific informed written consent that identifies disclosures to be made.
49.15Upon request, agencies providing home visiting services must provide recipients with
49.16information on disclosures, including the names of entities and individuals receiving the
49.17information and the general purpose of the disclosure. Prospective and current recipients
49.18of home visiting services must be told and informed in writing that written consent for
49.19disclosure of data is not required for access to home visiting services.
49.20 Subd. 4. Training. The commissioner shall establish training requirements for
49.21home visitors and minimum requirements for supervision
49.22requirements for nurses must be consistent with chapter 148. The commissioner must
49.23provide training for home visitors. Training must include
49.24
49.25
49.26 (1) effective relationships for engaging and retaining families and ensuring family
49.27health, safety, and early learning;
49.28 (2) effective methods of implementing parent education, conducting home visiting,
49.29and promoting quality early childhood development;
49.30 (3) early childhood development from birth to age five;
49.31 (4) diverse cultural practices in child rearing and family systems;
49.32 (5) recruiting, supervising, and retaining qualified staff;
49.33 (6) increasing services for underserved populations; and
49.34 (7) relevant issues related to child welfare and protective services, with information
49.35provided being consistent with state child welfare agency training.
50.1 Subd. 5. Technical assistance. The commissioner shall provide administrative
50.2and technical assistance to each program, including assistance in data collection and
50.3other activities related to conducting short- and long-term evaluations of the programs
50.4as required under subdivision 7. The commissioner may request research and evaluation
50.5support from the University of Minnesota.
50.6 Subd. 6. Outcome and performance measures. The commissioner shall establish
50.7
50.8under this section on the following areas:
50.9 (1) appropriate utilization of preventive health care;
50.10 (2) rates of substantiated child abuse and neglect;
50.11 (3) rates of unintentional child injuries;
50.12 (4) rates of children who are screened and who pass early childhood screening;
50.13 (5) rates of children accessing early care and educational services;
50.14 (6) program retention rates;
50.15 (7) number of home visits provided compared to the number of home visits planned;
50.16 (8) participant satisfaction;
50.17 (9) rates of at-risk populations reached; and
50.18 (10) any additional qualitative goals and quantitative measures established by the
50.19commissioner.
50.20 Subd. 7. Evaluation. Using the qualitative goals and quantitative outcome and
50.21performance measures established under subdivisions 1 and 6, the commissioner shall
50.22conduct ongoing evaluations of the programs funded under this section. Community
50.23health boards and tribal governments shall cooperate with the commissioner in the
50.24evaluations and shall provide the commissioner with the information necessary to conduct
50.25the evaluations. As part of the ongoing evaluations, the commissioner shall rate the impact
50.26of the programs on the outcome measures listed in subdivision 6, and shall periodically
50.27determine whether home visiting programs are the best way to achieve the qualitative
50.28goals established under subdivisions 1 and 6. If the commissioner determines that home
50.29visiting programs are not the best way to achieve these goals, the commissioner shall
50.30provide the legislature with alternative methods for achieving them.
50.31 Subd. 8. Report. By January 15, 2002, and January 15 of each even-numbered
50.32year thereafter, the commissioner shall submit a report to the legislature on the family
50.33home visiting programs funded under this section and on the results of the evaluations
50.34conducted under subdivision 7.
51.1 Subd. 9. No supplanting of existing funds. Funding available under this section
51.2may be used only to supplement, not to replace, nonstate funds being used for home
51.3visiting services as of July 1, 2001.
51.4 Sec. 34. Minnesota Statutes 2006, section 156.001, is amended by adding a subdivision
51.5to read:
51.6 Subd. 10a. Program for the Assessment of Veterinary Education Equivalence;
51.7PAVE certificate. A "Program for the Assessment of Veterinary Education Equivalence"
51.8or "PAVE" certificate is issued by the American Association of Veterinary State Boards,
51.9indicating that the holder has demonstrated knowledge and skill equivalent to that
51.10possessed by a graduate of an accredited or approved college of veterinary medicine.
51.11 Sec. 35. [156.015] FEES.
51.12 Subdivision 1. Verification of licensure. The board may charge a fee of $25 per
51.13license verification to a licensee for verification of licensure status provided to other
51.14veterinary licensing boards.
51.15 Subd. 2. Continuing education review. The board may charge a fee of $50 per
51.16submission to a sponsor for review and approval of individual continuing education
51.17seminars, courses, wet labs, and lectures. This fee does not apply to continuing education
51.18sponsors that already meet the criteria for preapproval under Minnesota Rules, part
51.199100.1000, subpart 3, item A.
51.20 Sec. 36. Minnesota Statutes 2006, section 156.02, subdivision 1, is amended to read:
51.21 Subdivision 1. License application. Application for a license to practice veterinary
51.22medicine in this state shall be made in writing to the Board of Veterinary Medicine upon a
51.23form furnished by the board, accompanied by satisfactory evidence that the applicant is at
51.24least 18 years of age, is of good moral character, and has one of the following:
51.25 (1) a diploma conferring the degree of doctor of veterinary medicine, or an
51.26equivalent degree, from an accredited or approved college of veterinary medicine;
51.27 (2) an ECFVG or PAVE certificate; or
51.28 (3) a certificate from the dean of an accredited or approved college of veterinary
51.29medicine stating that the applicant is a student in good standing expecting to be graduated
51.30at the completion of the current academic year of the college in which the applicant is
51.31enrolled.
51.32 The application shall contain the information and material required by subdivision
51.332 and any other information that the board may, in its sound judgment, require. The
52.1application shall be filed with the board at least 60 days before the date of the examination.
52.2If the board deems it advisable, it may require that such application be verified by the
52.3oath of the applicant.
52.4 Sec. 37. Minnesota Statutes 2006, section 156.02, subdivision 2, is amended to read:
52.5 Subd. 2. Required with application. Every application shall contain the following
52.6information and material:
52.7 (1) the application fee set by the board in the form of a check or money order payable
52.8to the board, which fee is not returnable in the event permission to take the examination
52.9is denied for good cause;
52.10 (2) a copy of a diploma from an accredited or approved college of veterinary
52.11medicine or a certificate from the dean or secretary of an accredited or approved college of
52.12veterinary medicine showing the time spent in the school and the date when the applicant
52.13was duly and regularly graduated or will duly and regularly graduate or verification of
52.14ECFVG or PAVE certification;
52.15 (3) affidavits of at least two veterinarians and three adults who are not related to
52.16the applicant setting forth how long a time, when, and under what circumstances they
52.17have known the applicant, and any other facts as may be proper to enable the board to
52.18determine the qualifications of the applicant; and
52.19 (4) if the applicant has served in the armed forces, a copy of discharge papers.
52.20 Sec. 38. Minnesota Statutes 2006, section 156.04, is amended to read:
52.21156.04 BOARD TO ISSUE LICENSE.
52.22 The Board of Veterinary Medicine shall issue to every applicant who has successfully
52.23passed the required examination, who has received a diploma conferring the degree of
52.24doctor of veterinary medicine or an equivalent degree from an accredited or approved
52.25college of veterinary medicine or an ECFVG or PAVE certificate, and who shall have been
52.26adjudged to be duly qualified to practice veterinary medicine, a license to practice.
52.27 Sec. 39. Minnesota Statutes 2006, section 156.072, subdivision 2, is amended to read:
52.28 Subd. 2. Required with application. Such doctor of veterinary medicine shall
52.29accompany the application by the following:
52.30 (1) a copy of a diploma from an accredited or approved college of veterinary
52.31medicine or certification from the dean, registrar, or secretary of an accredited or approved
52.32college of veterinary medicine attesting to the applicant's graduation from an accredited
53.1or approved college of veterinary medicine, or a certificate of satisfactory completion of
53.2the ECFVG or PAVE program.
53.3 (2) affidavits of two licensed practicing doctors of veterinary medicine residing in
53.4the United States or Canadian licensing jurisdiction in which the applicant is currently
53.5practicing, attesting that they are well acquainted with the applicant, that the applicant is a
53.6person of good moral character, and has been actively engaged in practicing or teaching in
53.7such jurisdiction for the period above prescribed;
53.8 (3) a certificate from the regulatory agency having jurisdiction over the conduct of
53.9practice of veterinary medicine that such applicant is in good standing and is not the
53.10subject of disciplinary action or pending disciplinary action;
53.11 (4) a certificate from all other jurisdictions in which the applicant holds a currently
53.12active license or held a license within the past ten years, stating that the applicant is and
53.13was in good standing and has not been subject to disciplinary action;
53.14 (5) in lieu of clauses (3) and (4), certification from the Veterinary Information
53.15Verification Agency that the applicant's licensure is in good standing;
53.16 (6) a fee as set by the board in form of check or money order payable to the board,
53.17no part of which shall be refunded should the application be denied;
53.18 (7) score reports on previously taken national examinations in veterinary medicine,
53.19certified by the Veterinary Information Verification Agency; and
53.20 (8) if requesting waiver of examination, provide evidence of meeting licensure
53.21requirements in the state of the applicant's original licensure that were substantially equal
53.22to the requirements for licensure in Minnesota in existence at that time.
53.23 Sec. 40. Minnesota Statutes 2006, section 156.073, is amended to read:
53.24156.073 TEMPORARY PERMIT.
53.25 The board may issue without examination a temporary permit to practice veterinary
53.26medicine in this state to a person who has submitted an application approved by the
53.27board for license pending examination, and holds a doctor of veterinary medicine degree
53.28or an equivalent degree from an approved or accredited college of veterinary medicine
53.29or an ECFVG or PAVE certification. The temporary permit shall expire the day after
53.30publication of the notice of results of the first examination given after the permit is
53.31issued. No temporary permit may be issued to any applicant who has previously failed
53.32the national examination and is currently not licensed in any licensing jurisdiction of the
53.33United States or Canada or to any person whose license has been revoked or suspended
53.34or who is currently subject to a disciplinary order in any licensing jurisdiction of the
53.35United States or Canada.
54.1 Sec. 41. Minnesota Statutes 2006, section 156.12, subdivision 2, is amended to read:
54.2 Subd. 2. Authorized activities. No provision of this chapter shall be construed to
54.3prohibit:
54.4 (a) a person from rendering necessary gratuitous assistance in the treatment of any
54.5animal when the assistance does not amount to prescribing, testing for, or diagnosing,
54.6operating, or vaccinating and when the attendance of a licensed veterinarian cannot be
54.7procured;
54.8 (b) a person who is a regular student in an accredited or approved college of
54.9veterinary medicine from performing duties or actions assigned by instructors or
54.10preceptors or working under the direct supervision of a licensed veterinarian;
54.11 (c) a veterinarian regularly licensed in another jurisdiction from consulting with a
54.12licensed veterinarian in this state;
54.13 (d) the owner of an animal and the owner's regular employee from caring for and
54.14administering to the animal belonging to the owner, except where the ownership of the
54.15animal was transferred for purposes of circumventing this chapter;
54.16 (e) veterinarians who are in compliance with subdivision 6 and who are employed by
54.17the University of Minnesota from performing their duties with the College of Veterinary
54.18Medicine, College of Agriculture, Agricultural Experiment Station, Agricultural Extension
54.19Service, Medical School, School of Public Health, or other unit within the university; or
54.20a person from lecturing or giving instructions or demonstrations at the university or in
54.21connection with a continuing education course or seminar to veterinarians or pathologists
54.22at the University of Minnesota Veterinary Diagnostic Laboratory;
54.23 (f) any person from selling or applying any pesticide, insecticide or herbicide;
54.24 (g) any person from engaging in bona fide scientific research or investigations which
54.25reasonably requires experimentation involving animals;
54.26 (h) any employee of a licensed veterinarian from performing duties other than
54.27diagnosis, prescription or surgical correction under the direction and supervision of the
54.28veterinarian, who shall be responsible for the performance of the employee;
54.29 (i) a graduate of a foreign college of veterinary medicine from working under the
54.30direct personal instruction, control, or supervision of a veterinarian faculty member of
54.31the College of Veterinary Medicine, University of Minnesota in order to complete the
54.32requirements necessary to obtain an ECFVG or PAVE certificate.
54.33 Sec. 42. Minnesota Statutes 2006, section 156.12, subdivision 4, is amended to read:
54.34 Subd. 4. Titles. It is unlawful for a person who has not received a professional
54.35degree from an accredited or approved college of veterinary medicine, or ECFVG or PAVE
55.1certification, to use any of the following titles or designations: Veterinary, veterinarian,
55.2animal doctor, animal surgeon, animal dentist, animal chiropractor, animal acupuncturist,
55.3or any other title, designation, word, letter, abbreviation, sign, card, or device tending to
55.4indicate that the person is qualified to practice veterinary medicine.
55.5 Sec. 43. Minnesota Statutes 2006, section 156.12, subdivision 6, is amended to read:
55.6 Subd. 6. Faculty licensure. (a) Veterinary Medical Center clinicians at the College
55.7of Veterinary Medicine, University of Minnesota, who are engaged in the practice of
55.8veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of
55.9the Veterinary Medical Center must possess the same license required by other veterinary
55.10practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).
55.11 (b) A specialty practitioner in a hard-to-fill faculty position who has been employed
55.12at the College of Veterinary Medicine, University of Minnesota, for five years or
55.13more prior to 2003 or is specialty board certified by the American Veterinary Medical
55.14Association or the European Board of Veterinary Specialization may be granted a specialty
55.15faculty Veterinary Medical Center clinician license which will allow the licensee to
55.16practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
55.17training and only within the scope of employment at the Veterinary Medical Center.
55.18 (c) A specialty practitioner in a hard-to-fill faculty position at the College of
55.19Veterinary Medicine, University of Minnesota, who has graduated from a board-approved
55.20foreign veterinary school may be granted a temporary faculty Veterinary Medical Center
55.21clinician license. The temporary faculty Veterinary Medical Center clinician license
55.22expires in two years and allows the licensee to practice veterinary medicine as defined
55.23in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center.
55.24The temporary faculty Veterinary Medical Center clinician license allows the licensee to
55.25practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's
55.26training and only within the scope of employment at the Veterinary Medical Center while
55.27under the direct supervision of a veterinarian currently licensed and actively practicing
55.28veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising
55.29veterinarian shall not have any current or past conditions, restrictions, or probationary
55.30status imposed on the veterinarian's license by the board within the past five years. The
55.31holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled
55.32in a PhD program may apply for up to two additional consecutive two-year extensions
55.33of an expiring temporary faculty Veterinary Medical Center clinician license. Any other
55.34holder of a temporary faculty Veterinary Medical Center clinician license may apply for
55.35one two-year extension of the expiring temporary faculty Veterinary Medical Center
56.1clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are
56.2allowed to expire may not be renewed. The board shall grant an extension to a licensee
56.3who demonstrates suitable progress toward completing the requirements of their academic
56.4program, specialty board certification, or full licensure in Minnesota by a graduate of a
56.5foreign veterinary college.
56.6 (d) Temporary and specialty faculty Veterinary Medical Center clinician licensees
56.7must abide by all the laws governing the practice of veterinary medicine in the state
56.8of Minnesota and are subject to the same disciplinary action as any other veterinarian
56.9licensed in the state of Minnesota.
56.10 (e) The fee for a license issued under this subdivision is the same as for a regular
56.11license to practice veterinary medicine in Minnesota. License payment deadlines, late
56.12payment fees, and other license requirements are also the same as for regular licenses.
56.13 Sec. 44. Minnesota Statutes 2006, section 156.15, subdivision 2, is amended to read:
56.14 Subd. 2. Service. Service of an order under this section is effective if the order is
56.15served on the person or counsel of record personally or by
56.16the most recent address provided to the board for the person or counsel of record.
56.17 Sec. 45. Minnesota Statutes 2006, section 156.16, subdivision 3, is amended to read:
56.18 Subd. 3. Dispensing. "Dispensing" means distribution of veterinary prescription
56.19drugs or over-the-counter drugs for extra-label use or human drugs for extra-label use by a
56.20person licensed as a pharmacist by the Board of Pharmacy or a person licensed by the
56.21Board of Veterinary Medicine.
56.22 Sec. 46. Minnesota Statutes 2006, section 156.16, subdivision 10, is amended to read:
56.23 Subd. 10. Prescription. "Prescription" means an order from a veterinarian to a
56.24pharmacist or another veterinarian authorizing the dispensing of
56.25
56.26to a client for use on or in a patient.
56.27 Sec. 47. Minnesota Statutes 2006, section 156.18, subdivision 1, is amended to read:
56.28 Subdivision 1. Prescription. (a) A person may not dispense a veterinary
56.29prescription drug to a client without a prescription or other veterinary authorization. A
56.30person may not make extra-label use of an animal or human drug for an animal without a
56.31prescription from a veterinarian. A veterinarian or the veterinarian's authorized employee
56.32may dispense
57.1an over-the-counter drug for extra-label use by a client
57.2
57.3there is documentation of the prescription in the medical record and there is an existing
57.4veterinarian-client-patient relationship. The prescribing veterinarian must monitor the use
57.5of veterinary prescription drugs, human drugs for extra-label use, or over-the-counter
57.6drugs for extra-label use by a client.
57.7 (b) A veterinarian may dispense prescription veterinary drugs and prescribe and
57.8dispense extra-label use drugs to a client without personally examining the animal if
57.9a bona fide veterinarian-client-patient relationship exists and in the judgment of the
57.10veterinarian the client has sufficient knowledge to use the drugs properly.
57.11 (c) A veterinarian may issue a prescription or other veterinary authorization by oral or
57.12written communication to the dispenser, or by computer connection. If the communication
57.13is oral, the veterinarian must enter it into the patient's record. The dispenser must record
57.14the veterinarian's prescription or other veterinary authorization within 72 hours.
57.15 (d) A prescription or other veterinary authorization must include:
57.16 (1) the name, address, and, if written, the signature of the prescriber;
57.17 (2) the name and address of the client;
57.18 (3) identification of the species for which the drug is prescribed or ordered;
57.19 (4) the name, strength, and quantity of the drug;
57.20 (5) the date of issue;
57.21 (6) directions for use;
57.22 (7) withdrawal time
57.23 (8) number of authorized refills.
57.24 (e) A veterinarian may, in the course of professional practice and an existing
57.25veterinarian-client-patient relationship, prepare medicaments that combine drugs approved
57.26by the United States Food and Drug Administration and other legally obtained ingredients
57.27with appropriate vehicles.
57.28 (f) A veterinarian or a bona fide employee of a veterinarian may dispense veterinary
57.29prescription drugs to a person on the basis of a prescription issued by a licensed
57.30veterinarian. The provisions of paragraphs (c) and (d) apply.
57.31 (g) This section does not limit the authority of the Minnesota Racing Commission to
57.32regulate veterinarians providing services at a licensed racetrack.
57.33 Sec. 48. Minnesota Statutes 2006, section 156.18, subdivision 2, is amended to read:
57.34 Subd. 2. Label of dispensed veterinary drugs. (a) A veterinarian or the
57.35veterinarian's authorized agent or employee dispensing a veterinary prescription drug
58.1
58.2for extra-label use, or a human drug for extra-label use must provide written information
58.3which includes the name and address of the veterinarian, date of filling, species of patient,
58.4name or names of drug, strength of drug or drugs, directions for use, withdrawal time,
58.5and cautionary statements, if any, appropriate for the drug.
58.6 (b) If the veterinary drug has been prepared, mixed, formulated, or packaged by the
58.7dispenser, all of the information required in paragraph (a) must be provided on a label
58.8affixed to the container.
58.9 (c) If the veterinary drug is in the manufacturer's original package, the information
58.10required in paragraph (a) must be supplied in writing but need not be affixed to the
58.11container. Information required in paragraph (a) that is provided by the manufacturer on
58.12the original package does not need to be repeated in the separate written information.
58.13Written information required by this paragraph may be written on the sales invoice.
58.14 Sec. 49. Minnesota Statutes 2006, section 156.19, is amended to read:
58.15156.19 EXTRA-LABEL USE.
58.16 A person, other than a veterinarian or
58.17employee of a veterinarian, must not make extra-label use of a veterinary drug in or
58.18on a food-producing animal, unless permitted by the prescription of a veterinarian. A
58.19veterinarian may prescribe the extra-label use of a
58.20 (1) the veterinarian makes a careful medical diagnosis within the context of a valid
58.21veterinarian-client-patient relationship;
58.22 (2) the veterinarian determines that there is no marketed drug specifically labeled to
58.23treat the condition diagnosed, or that drug therapy as recommended by the labeling has, in
58.24the judgment of the attending veterinarian, been found to be clinically ineffective;
58.25 (3) the veterinarian recommends procedures to ensure that the identity of the treated
58.26animal will be carefully maintained;
58.27 (4) the veterinarian prescribes a significantly extended time period for drug
58.28withdrawal before marketing meat, milk, or eggs
58.29 (5) the veterinarian has met the criteria established in Code of Federal Regulations,
58.30title 21, part 530, which define the extra-label use of medication in or on animals.
58.31 Sec. 50. Minnesota Statutes 2006, section 198.075, is amended to read:
58.32198.075 MINNESOTA VETERANS HOME EMPLOYEES; EXCLUDED
58.33FROM COMMISSARY PRIVILEGES.
59.1 Except as provided in this section, no commissary privileges including food, laundry
59.2service, janitorial service, and household supplies shall be furnished to any employee of
59.3the Minnesota veterans homes. An employee of the Minnesota veterans homes who works
59.4a second shift that is consecutive with a regularly scheduled shift may be allowed one free
59.5meal at the veterans home on the day of that extra shift.
59.6 Sec. 51. Minnesota Statutes 2006, section 256B.0625, subdivision 14, is amended to
59.7read:
59.8 Subd. 14. Diagnostic, screening, and preventive services. (a) Medical assistance
59.9covers diagnostic, screening, and preventive services.
59.10 (b) "Preventive services" include services related to pregnancy, including:
59.11 (1) services for those conditions which may complicate a pregnancy and which may
59.12be available to a pregnant woman determined to be at risk of poor pregnancy outcome;
59.13 (2) prenatal HIV risk assessment, education, counseling, and testing; and
59.14 (3) alcohol abuse assessment, education, and counseling on the effects of alcohol
59.15usage while pregnant. Preventive services available to a woman at risk of poor pregnancy
59.16outcome may differ in an amount, duration, or scope from those available to other
59.17individuals eligible for medical assistance.
59.18 (c) "Screening services" include, but are not limited to, blood lead tests. Screening
59.19services also include, for children with blood lead levels equal to or greater than five
59.20micrograms of lead per deciliter of whole blood, environmental investigations to
59.21determine the source of lead exposure. Reimbursement is limited to a health professional's
59.22time and activities during an on-site investigation of a child's home or primary residence.
59.23 Sec. 52. Minnesota Statutes 2006, section 256B.0625, is amended by adding a
59.24subdivision to read:
59.25 Subd. 49. Lead risk assessments. (a) Effective October 1, 2007, or six months after
59.26federal approval, whichever is later, medical assistance covers lead risk assessments
59.27provided by a lead risk assessor who is licensed by the commissioner of health under
59.28section 144.9505 and employed by an assessing agency as defined in section 144.9501.
59.29Medical assistance covers a onetime on-site investigation of a recipient's home or primary
59.30residence to determine the existence of lead so long as the recipient is under the age
59.31of 21 and has a venous blood lead level specified in section 144.9504, subdivision 2,
59.32paragraph (a).
59.33 (b) Medical assistance reimbursement covers the lead risk assessor's time to
59.34complete the following activities:
60.1 (1) gathering samples;
60.2 (2) interviewing family members;
60.3 (3) gathering data, including meter readings; and
60.4 (4) providing a report with the results of the investigation and options for reducing
60.5lead-based paint hazards.
60.6 Medical assistance coverage of lead risk assessment does not include testing of
60.7environmental substances such as water, paint, or soil or any other laboratory services.
60.8Medical assistance coverage of lead risk assessments is not included in the capitated
60.9services for children enrolled in health plans through the prepaid medical assistance
60.10program and the MinnesotaCare program.
60.11 (c) Payment for lead risk assessment must be cost-based and must meet the criteria
60.12for federal financial participation under the Medicaid program. The rate must be based
60.13on allowable expenditures from cost information gathered. Under section 144.9507,
60.14subdivision 5, federal medical assistance funds may not replace existing funding for
60.15lead-related activities. The nonfederal share of costs for services provided under this
60.16subdivision must be from state or local funds and is the responsibility of the agency
60.17providing the risk assessment. Eligible expenditures for the nonfederal share of costs may
60.18not be made from federal funds or funds used to match other federal funds. Any federal
60.19disallowances are the responsibility of the agency providing risk assessment services.
60.20 Sec. 53. [325.172] BISPHENOL-A IN PRODUCTS FOR CHILDREN.
60.21 Subdivision. 1. Bisphenol-A and phthalates committee. The commissioner of
60.22health shall create a committee under the direction of the environmental health division of
60.23the Department of Health to study the scientific literature and make recommendations to
60.24the legislature on the health impact of bisphenol-A and phthalates on children in products
60.25intended for use by young children, including, but not limited to, toys, pacifiers, baby
60.26bottles, and teethers, and report back by January 15, 2008. The committee shall also
60.27identify least harmful alternatives. Of the seven committee members at least one shall be a
60.28representative of the Department of Health, one shall be a representative of environmental
60.29health sciences research, one shall be a representative of the Minnesota Nurses
60.30Association, one shall be a representative of environmental health consumer advocates,
60.31one shall be a member of a children's product manufacturer's association, and one shall be
60.32a representative of the University of Minnesota, chemical plastics research department.
60.33 Subd. 2. Definitions. For the purposes of this section, the following terms have
60.34the meanings given them:
61.1 (a) "Toy" means all products designed or intended by the manufacturer to be used by
61.2children when they play.
61.3 (b) "Child care article" means all products designed or intended by the manufacturer
61.4to facilitate sleep, relaxation, or the feeding of children or to help children with sucking or
61.5teething.
61.6 Sec. 54. [325E.385] PRODUCTS CONTAINING POLYBROMINATED
61.7DIPHENYL ETHER.
61.8 Subdivision 1. Definitions. For the purposes of sections 325E.386 to 325E.388,
61.9the terms in this section have the meanings given them.
61.10 Subd. 2. Commercial decabromodiphenyl ether. "Commercial
61.11decabromodiphenyl ether" means the chemical mixture of decabromodiphenyl ether,
61.12including associated polybrominated diphenyl ether impurities not intentionally added.
61.13 Subd. 3. Commissioner. "Commissioner" means the commissioner of the Pollution
61.14Control Agency.
61.15 Subd. 4. Manufacturer. "Manufacturer" means any person, firm, association,
61.16partnership, corporation, governmental entity, organization, or joint venture that produces
61.17a product containing polybrominated diphenyl ethers or an importer or domestic
61.18distributor of a noncomestible product containing polybrominated diphenyl ethers.
61.19 Subd. 5. Polybrominated diphenyl ethers or PBDE's. "Polybrominated diphenyl
61.20ethers" or "PBDE's" means chemical forms that consist of diphenyl ethers bound with
61.21bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the
61.22three primary forms of the commercial mixtures known as pentabromodiphenyl ether,
61.23octabromodiphenyl ether, and decabromodiphenyl ether.
61.24 Subd. 6. Retailer. "Retailer" means a person who offers a product for sale at retail
61.25through any means, including, but not limited to, remote offerings such as sales outlets,
61.26catalogs, or the Internet, but does not include a sale that is a wholesale transaction with a
61.27distributor or a retailer.
61.28 Subd. 7. Used product. "Used product" means any product that has been previously
61.29owned, purchased, or sold in commerce. Used product does not include any product
61.30manufactured after January 1, 2008.
61.31 Sec. 55. [325E.386] PRODUCTS CONTAINING CERTAIN
61.32POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS.
61.33 Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
61.34subdivision 3, beginning January 1, 2008, a person may not manufacture, process, or
62.1distribute in commerce a product or flame-retardant part of a product containing more
62.2than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
62.3by mass.
62.4 Subd. 2. Exemptions. The following products containing polybrominated diphenyl
62.5ethers are exempt from subdivision 1:
62.6 (1) the sale or distribution of any used transportation vehicle with component parts
62.7containing polybrominated diphenyl ethers;
62.8 (2) the sale or distribution of any used transportation vehicle parts or new
62.9transportation vehicle parts manufactured before January 1, 2008, that contain
62.10polybrominated diphenyl ethers;
62.11 (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
62.12modification of equipment containing polybrominated diphenyl ethers and used primarily
62.13for military or federally funded space program applications. This exemption does not
62.14cover consumer-based goods with broad applicability;
62.15 (4) the sale or distribution by a business, charity, public entity, or private party of
62.16any used product containing polybrominated diphenyl ethers;
62.17 (5) the manufacture, sale, or distribution of new carpet cushion made from recycled
62.18foam containing more than one-tenth of one percent penta polybrominated diphenyl
62.19ether; or
62.20 (6) medical devices.
62.21 In-state retailers in possession of products on January 1, 2008, that are banned for
62.22sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
62.23this section restricts the ability of a manufacturer, importer, or distributor from transporting
62.24products containing polybrominated diphenyl ethers through the state, or storing such
62.25products in the state for later distribution outside the state.
62.26 Sec. 56. [325E.387] REVIEW OF DECABROMODIPHENYL ETHER.
62.27 Subdivision 1. Commissioner duties. The commissioner in consultation
62.28with the commissioners of health and public safety shall review uses of commercial
62.29decabromodiphenyl ether, availability of technically feasible and safer alternatives, fire
62.30safety and any evidence regarding the potential harm to public health and the environment
62.31posed by commercial decabromodiphenyl ether and the alternatives. The commissioner
62.32must consult with key stakeholders. The commissioner must also review the findings from
62.33similar state and federal agencies and must report their findings and recommendations to
62.34the appropriate committees of the legislature no later than January 15, 2008.
63.1 Subd. 2. State procurement. By January 1, 2008, the commissioner of
63.2administration shall make available for purchase and use by all state agencies only
63.3equipment, supplies, and other products that do not contain polybrominated diphenyl
63.4ethers, unless exempted under section 325E.386, subdivision 2.
63.5 Sec. 57. [325E.388] PENALTIES.
63.6 A manufacturer who violates sections 325E.386 to 325E.388 is subject to a
63.7civil penalty not to exceed $1,000 for each violation in the case of a first offense. A
63.8manufacturer is subject to a civil penalty not to exceed $5,000 for each repeat offense.
63.9Penalties collected under this section must be used by the commissioner to implement
63.10and enforce this section.
63.11 Sec. 58. Laws 2005, First Special Session chapter 4, article 9, section 3, subdivision 2,
63.12is amended to read:
| 63.13 63.14 |
Subd. 2.Community and Family Health Improvement |
||||||
63.22
63.23
63.24
63.25
63.26
63.27
63.28
63.29
63.30
63.31
63.32
63.33
63.34
63.35
64.1
64.2
64.3
64.4
64.5Shaken Baby Video. Of the state
64.6government special revenue fund
64.7appropriation, $13,000 in 2006 is
64.8appropriated to the commissioner of health
64.9to provide a video to hospitals on shaken
64.10baby syndrome. The commissioner of health
64.11shall assess a fee to hospitals to cover the
64.12cost of the approved shaken baby video and
64.13the revenue received is to be deposited in the
64.14state government special revenue fund.
64.15 Sec. 59. FUNDING FOR ENVIRONMENTAL JUSTICE MAPPING.
64.16 The commissioner of health, in conjunction with the commissioner of the Pollution
64.17Control Agency, shall apply for federal funding to renew and expand the state's
64.18environmental justice mapping capacity in order to promote public health tracking. The
64.19commissioner shall coordinate the project with the Pollution Control Agency and the
64.20Department of Agriculture in order to explore possible links between environmental health
64.21and toxic exposures and to help create a system for environmental public health tracking.
64.22The commissioner shall also make recommendations to the legislature for additional
64.23sources of funding within the state.
64.24EFFECTIVE DATE.This section is effective the day following final enactment.
64.25 Sec. 60. LEGISLATIVE FINDINGS AND PURPOSE.
64.26 The legislature hereby finds that hearing loss occurs in newborn infants more
64.27frequently than any other health condition for which newborn infant screening is required.
64.28Early detection of hearing loss in a child and early intervention and treatment has been
64.29demonstrated to be highly effective in facilitating a child's healthy development in a
64.30manner consistent with the child's age, language acquisition, and cognitive ability.
64.31Without early hearing detection and intervention, children with hearing loss experience
64.32serious delays in language acquisition and social and cognitive development. With
64.33appropriate testing and identification of newborn infants, hearing loss screening will
65.1facilitate early intervention and treatment and will serve the public purpose of promoting
65.2the healthy development of children.
65.3 For these reasons, the legislature hereby determines that it is beneficial and in the
65.4best interests of the development of the children of the state of Minnesota that newborn
65.5infants' hearing be screened.
65.6 Sec. 61. INFORMATION SHARING.
65.7 By August 1, 2007, the commissioner of health, the Pollution Control Agency, the
65.8commissioner of agriculture, and the University of Minnesota are requested to jointly
65.9develop and sign a memorandum of understanding declaring their intent to share new
65.10and existing environmental hazard, exposure, and health outcome data, consistent with
65.11applicable data practices laws, and to cooperate and communicate effectively to ensure
65.12sufficient clarity and understanding of the data between these organizations.
65.13 Sec. 62. COMMISSIONER OF HEALTH REPORT; ROUTINE RADIATION
65.14EMISSIONS.
65.15 The commissioner of health, within the limits of available appropriations, in
65.16cooperation with the utilities that own the Monticello and Prairie Island nuclear plants,
65.17shall issue a report detailing where routine radiation releases go and the health impacts of
65.18the radiation emissions on affected communities. By April 1, 2008, the report must be
65.19distributed to house and senate committees having jurisdiction over public health and to
65.20all communities that are part of the emergency response planning.
65.21 Sec. 63. FRAGRANCE-FREE SCHOOLS EDUCATION PILOT PROJECT.
65.22 Subdivision 1. Purpose. Recognizing that scented products may trigger asthma or
65.23chemical sensitivity reactions in students and school staff, which can contribute to learning
65.24and breathing problems, the commissioner of health shall develop a fragrance-free schools
65.25education pilot project.
65.26 Subd. 2. Education. The commissioner of health, in collaboration with the
65.27commissioner of education and the Minneapolis Board of Education, shall establish a
65.28working group composed of at least three students, two teachers, one school administrator,
65.29and one member of the Minneapolis Board of Education to recommend an education
65.30campaign in Minneapolis public schools to inform students and parents about the
65.31potentially harmful effects of the use of fragrance products on sensitive students and
65.32school personnel in Minneapolis schools. The commissioner shall report findings to the
65.33legislature by February 1, 2008.
66.1EFFECTIVE DATE.This section is effective the day following final enactment.
66.2 Sec. 64. LINDANE COMMITTEE.
66.3 The commissioner of health shall create a committee of stakeholders, including
66.4at least one environmental health research scientist and at least one parent consumer
66.5advocate, to review the scientific literature and make recommendations to the legislature
66.6on the health impact of Lindane on children and report back by January 15, 2008.
66.7 Sec. 65. MEDICAL ASSISTANCE COVERAGE FOR ARSENIC TESTING.
66.8 The commissioner of human services shall ensure that testing for arsenic under
66.9section 1, subdivision 3, is covered under medical assistance.
66.10 Sec. 66. BLOOD LEAD TESTING STUDY.
66.11 The commissioner of health, in consultation with the Department of Human
66.12Services; cities of the first class; health care providers; and other interested parties shall
66.13conduct a study to evaluate blood lead testing methods used to confirm elevated blood
66.14lead status. The study shall examine and/or develop:
66.15 (1) the false positive rate of capillary tests for children less than 72 months old;
66.16 (2) current protocols for conducting capillary testing, including filter paper
66.17methodology;
66.18 (3) existing guidelines and regulations from other states and federal agencies
66.19regarding lead testing;
66.20 (4) recommendations regarding the use of capillary tests to initiate environmental
66.21investigations and case management, including number and timing of tests and fiscal
66.22implications for state and local lead programs; and
66.23 (5) recommendations regarding reducing the state mandatory intervention to ten
66.24micrograms of lead per deciliter of whole blood.
66.25 The commissioner shall submit the results of the study and any recommendations,
66.26including any necessary legislative changes, to the legislature by February 15, 2008.
66.27 Sec. 67. WINDOW SAFETY EDUCATION.
66.28 The commissioner of health shall create in the department's current educational
66.29safety program a component targeted at parents and caregivers of young children to
66.30provide awareness of the need to take precautions to prevent children from falling
66.31through open windows. The commissioner of health shall consult with representatives
66.32of the residential building industry, the window products industry, the child safety
67.1advocacy community, and the Department of Labor and Industry to create the window
67.2safety program component. The program must include the gathering of data about
67.3falls from windows that result in severe injury in order to measure the effectiveness of
67.4the safety program. The commissioner of health may consult with other child safety
67.5advocacy groups, experts, and interested parties in the development and implementation
67.6of the window safety program. The commissioner of health shall prepare and submit
67.7a final report on the window safety program to the legislature by March 1, 2011. The
67.8commissioner shall prepare and submit a yearly progress report to the legislature by
67.9March 1 of each year beginning in 2008 until the submission of the final report. The
67.10final report must include a summary of the safety program, the impact of the program on
67.11children falling from windows, and any recommendations for further study or action.
67.12 Sec. 68. REVISOR'S INSTRUCTION.
67.13 The revisor of statutes shall change the range reference "144.9501 to 144.9509"
67.14to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and
67.15Minnesota Rules.
67.16 Sec. 69. REPEALER.
67.17Laws 2004, chapter 288, article 6, section 27, is repealed.
| 67.20 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
67.22in this article.
| 67.23 |
2008 |
2009 |
Total |
||||
| 67.24 |
General |
$ |
67,896,000 |
$ |
49,040,000 |
$ |
116,936,000 |
| 67.25 |
TANF |
$ |
3,075,000 |
$ |
3,075,000 |
$ |
6,150,000 |
| 67.26 |
Total |
$ |
70,971,000 |
$ |
52,115,000 |
$ |
123,086,000 |
| 67.27 |
Sec. 2. HOUSING. |
||||||
67.29agencies and for the purposes specified. The appropriations are from the general fund, or
67.30another named fund, and are available for the fiscal years indicated for each purpose. The
67.31figures "2008" and "2009" used in this act mean that the appropriations listed under them
67.32are available for the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
68.1first year" is fiscal year 2008. "The second year" is fiscal year 2009. "The biennium" is
68.2fiscal years 2008 and 2009. Appropriations for the fiscal year ending June 30, 2007, are
68.3effective the day following final enactment.
| 68.4 |
APPROPRIATIONS |
||||||
| 68.5 |
Available for the Year |
||||||
| 68.6 |
Ending June 30 |
||||||
| 68.7 |
2008 |
2009 |
|||||
| 68.8 |
Sec. 3. HOUSING FINANCE AGENCY |
||||||
| 68.9 |
Subdivision 1.Total Appropriation |
$ |
70,971,000 |
$ |
52,115,000 |
||
| 68.10 |
Appropriations by Fund |
||
| 68.11 |
2008 |
2009 |
|
| 68.12 |
General |
67,896,000 |
49,040,000 |
| 68.13 |
TANF |
3,075,000 |
3,075,000 |
68.15housing development fund. The amounts
68.16that may be spent from this appropriation
68.17for certain programs are specified in the
68.18following subdivisions. Except as otherwise
68.19indicated, this transfer is part of the agency's
68.20permanent budget base.
68.21Of this amount, $3,075,000 the first year
68.22and $3,075,000 the second year are onetime
68.23appropriations from the state's federal TANF
68.24block grant under Title I of Public Law
68.25Number 104-193 to the commissioner of
68.26human services, to reimburse the housing
68.27development fund for assistance under
68.28the programs for families receiving TANF
68.29assistance under the MFIP program. The
68.30commissioner of human services shall make
68.31monthly reimbursements to the housing
68.32development fund. The commissioner
68.33of human services shall not make any
68.34reimbursement which the commissioner
68.35determines would be subject to a penalty
68.36under Code of Federal Regulations, section
69.1262.1. If the appropriation in either year is
69.2insufficient, the appropriation for the other
69.3year is available.
| 69.4 69.5 |
Subd. 2.Economic Development and Housing Challenge |
||||||
69.7the second year are for the economic
69.8development and housing challenge program
69.9under Minnesota Statutes, section 462A.33,
69.10for housing that:
69.11(i) conserves energy and utilizes sustainable,
69.12healthy building materials;
69.13(ii) preserves sensitive natural areas and
69.14open spaces and minimizes the need for new
69.15infrastructure;
69.16(iii) is accessible to jobs and services through
69.17integration with transportation or transit
69.18systems; and
69.19(iv) expands the mix of housing choices in
69.20a community by diversifying the levels of
69.21housing affordability.
69.22The agency may fund demonstration projects
69.23that have unique approaches to achieving the
69.24housing described above.
69.25(b) The base is reduced by $3,407,000 each
69.26year in fiscal year 2010 and fiscal year 2011.
| 69.27 |
Subd. 3.Housing Trust Fund |
||||||
69.29the second year are for the housing trust fund
69.30account created under Minnesota Statutes,
69.31section 462A.201, for the purposes of that
69.32section. Of this amount, $1,500,000 the first
69.33year and $1,500,000 in the second year is a
69.34onetime appropriation from the state's federal
70.1TANF block grant. The base is reduced by
70.2$3,390,000 each year in fiscal year 2010 and
70.3fiscal year 2011.
| 70.4 70.5 |
Subd. 4.Bridges Rental Assistance for Mentally Ill |
||||||
70.7the second year are for a rental housing
70.8assistance program for persons with a mental
70.9illness or families with an adult member with
70.10a mental illness under Minnesota Statutes,
70.11section 462A.2097.
| 70.12 |
Subd. 5.Family Homeless Prevention |
||||||
70.14the second year are for family homeless
70.15prevention and assistance programs under
70.16Minnesota Statutes, section 462A.204. Of
70.17this amount, $1,575,000 in the first year
70.18and $1,575,000 in the second year is a
70.19onetime appropriation from the state's federal
70.20TANF block grant. The base is reduced by
70.21$3,800,000 each year in fiscal year 2010 and
70.22fiscal year 2011.
| 70.23 |
Subd. 6.Home Ownership Assistance Fund |
||||||
70.25the second year are for the home ownership
70.26assistance program under Minnesota
70.27Statutes, section 462A.21, subdivision 8.
70.28The base is reduced by $1,000,000 each year
70.29in fiscal year 2010 and fiscal year 2011.
| 70.30 |
Subd. 7.Affordable Rental Investment Fund |
||||||
70.32the second year are for the affordable rental
70.33investment fund program under Minnesota
70.34Statutes, section 462A.21, subdivision 8b.
71.1Of this amount, $2,500,000 the first year is a
71.2onetime appropriation.
71.3This appropriation is to finance the
71.4acquisition, rehabilitation, and debt
71.5restructuring of federally assisted rental
71.6property and for making equity take-out loans
71.7under Minnesota Statutes, section 462A.05,
71.8subdivision 39. The owner of the federally
71.9assisted rental property must agree to
71.10participate in the applicable federally assisted
71.11housing program and to extend any existing
71.12low-income affordability restrictions on the
71.13housing for the maximum term permitted.
71.14The owner must also enter into an agreement
71.15that gives local units of government,
71.16housing and redevelopment authorities,
71.17and nonprofit housing organizations the
71.18right of first refusal if the rental property
71.19is offered for sale. Priority must be given
71.20among comparable federally assisted rental
71.21properties to properties with the longest
71.22remaining term under an agreement for
71.23federal rental assistance. Priority must also
71.24be given among comparable rental housing
71.25developments to developments that are or
71.26will be owned by local government units, a
71.27housing and redevelopment authority, or a
71.28nonprofit housing organization.
71.29This appropriation may also be used to
71.30finance the acquisition, rehabilitation, and
71.31debt restructuring of existing supportive
71.32housing properties. For purposes of this
71.33subdivision, "supportive housing" means
71.34affordable rental housing with links to
71.35services necessary for individuals, youth, and
72.1families with children to maintain housing
72.2stability.
72.3Of this amount, $2,500,000 is appropriated
72.4for the purposes of financing the
72.5rehabilitation and operating costs to preserve
72.6public housing. For purposes of this
72.7subdivision, "public housing" is housing for
72.8low-income persons and households financed
72.9by the federal government and owned and
72.10operated by public housing authorities and
72.11agencies. Eligible public housing authorities
72.12must have a public housing assessment
72.13system rating of standard or above. Priority
72.14among comparable proposals must be given
72.15to proposals that maximize federal or local
72.16resources to finance the capital and operating
72.17costs.
| 72.18 72.19 |
Subd. 8.Housing Rehabilitation and Accessibility |
||||||
72.21second year are for the housing rehabilitation
72.22and accessibility program under Minnesota
72.23Statutes, section 462A.05, subdivisions 14a
72.24and 15a. The base is reduced by $629,000
72.25each year in fiscal year 2010 and fiscal year
72.262011.
| 72.27 |
Subd. 9.Urban Indian Housing Program |
||||||
72.29the second year are for the urban Indian
72.30housing program under Minnesota Statutes,
72.31section 462A.07, subdivision 15. The base is
72.32reduced by $52,000 each year in fiscal year
72.332010 and fiscal year 2011.
| 72.34 |
Subd. 10.Tribal Indian Housing Program |
||||||
73.2in the second year are for the tribal Indian
73.3housing program under Minnesota Statutes,
73.4section 462A.07, subdivision 14. The base is
73.5reduced by $468,000 each year in fiscal year
73.62010 and fiscal year 2011.
| 73.7 73.8 |
Subd. 11.Home Ownership Education, Counseling, and Training |
||||||
73.10the second year are appropriated for the
73.11home ownership education, counseling, and
73.12training program under Minnesota Statutes,
73.13section 462A.209. The base is reduced by
73.14$1,460,000 each year in fiscal year 2010 and
73.15fiscal year 2011. Of this amount, $....... the
73.16first year is for:
73.17(1) foreclosure prevention and assistance
73.18activities in communities that have mortgage
73.19foreclosure rates that exceed the statewide
73.20average foreclosure rate for the most recent
73.21quarter for which data is available; and
73.22(2) home buyer education and counseling
73.23activities by organizations that have
73.24experience working with emerging markets
73.25or partner with organizations with experience
73.26working with emerging markets and that have
73.27demonstrated a commitment to increasing the
73.28homeownership rate of emerging markets.
| 73.29 |
Subd. 12.Capacity Building Grants |
||||||
73.31building grants under Minnesota Statutes
73.32section 462A.21, subdivision 3b, to be used
73.33for continuum of care planning in greater
73.34Minnesota. This appropriation is the agency's
73.35base budget for this program.
| 74.1 |
Subd. 13.Grant for Hennepin County. |
||||||
74.3first year for a grant to Hennepin County
74.4for collaboration with the Center for Urban
74.5and Regional Affairs at the University
74.6of Minnesota for the development of a
74.7predictive, data-driven model that can be
74.8used to identify at-risk properties in order to
74.9target resources to prevent foreclosure.
74.10 Sec. 4. Minnesota Statutes 2006, section 462A.21, subdivision 8b, is amended to read:
74.11 Subd. 8b. Family rental housing. It may establish a family rental housing
74.12assistance program to provide loans or direct rental subsidies for housing for families
74.13with incomes of up to 80 percent of state median income, or to provide grants for the
74.14operating cost of public housing. Priority must be given to those developments with
74.15resident families with the lowest income. The development may be financed by the
74.16agency or other public or private lenders. Direct rental subsidies must be administered by
74.17the agency for the benefit of eligible families. Financial assistance provided under this
74.18subdivision to recipients of aid to families with dependent children must be in the form
74.19of vendor payments whenever possible. Loans, grants, and direct rental subsidies under
74.20this subdivision may be made only with specific appropriations by the legislature. The
74.21limitations on eligible mortgagors contained in section
74.22apply to loans for the rehabilitation of existing housing under this subdivision.
74.23 Sec. 5. Minnesota Statutes 2006, section 462A.33, subdivision 3, is amended to read:
74.24 Subd. 3. Contribution requirement. Fifty percent of the funds appropriated for
74.25this section must be used for challenge grants or loans
74.26
74.27resources that reduce the need for deferred loan or grant funds from state resources.
74.28Challenge grants or loans must be used for economically viable homeownership or rental
74.29housing proposals that
74.30
74.31
74.32
74.33 Among comparable proposals, preference must be given to proposals that include
74.34contributions from nonstate resources for the greatest portion of the total development
75.1cost. Comparable proposals with contributions from local units of government or private
75.2philanthropic, religious, or charitable organizations must be given preference in awarding
75.3grants or loans.
75.4 For the purpose of this subdivision,
75.5or wholly of the premium paid for federal housing tax credits.
75.6
75.7
75.8
75.9 Sec. 6. Minnesota Statutes 2006, section 469.021, is amended to read:
75.10469.021 PREFERENCES.
75.11 As between applicants equally in need and eligible for occupancy of a dwelling
75.12and at the rent involved, preference shall be given to disabled veterans, persons with
75.13disabilities, and families of service persons who died in service and to families of veterans.
75.14In admitting families of low income to dwelling accommodations in any housing project an
75.15authority shall, as far as is reasonably practicable, give consideration to applications from
75.16families
75.17256J, and to resident families to whom public assistance or supplemental security income
75.18for the aged, blind, and disabled is payable, when those families are otherwise eligible.
75.19 Sec. 7. MORTGAGE FORECLOSURE REDUCTION.
75.20 The commissioner of the Minnesota Housing Finance Agency, in consultation with
75.21the commissioner of commerce, the attorney general, the Minnesota Mortgage Bankers'
75.22Association, Legal Services of Minnesota, and the Minnesota Sheriffs' Association
75.23shall evaluate the provisions of Minnesota Statutes, sections 580.04 and 580.041, to
75.24determine if corrective actions could be taken by the 2008 legislature to reduce mortgage
75.25foreclosures in the state.