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HF 3717

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to health; creating the spinal cord injury 
  1.3             research board and the spinal cord injury research 
  1.4             trust account; modifying registry, reporting, and rule 
  1.5             provisions; providing civil penalties; appropriating 
  1.6             money; amending Minnesota Statutes 1998, sections 
  1.7             144.662; 144.663, by adding a subdivision; and 
  1.8             144.664, subdivision 5; proposing coding for new law 
  1.9             in Minnesota Statutes, chapter 144. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [144.6615] [SPINAL CORD INJURY RESEARCH BOARD.] 
  1.12     Subdivision 1.  [BOARD ESTABLISHED.] (a) A spinal cord 
  1.13  injury research board is established within the department of 
  1.14  health to administer spinal cord injury research projects and 
  1.15  administer the spinal cord injury research trust account under 
  1.16  section 144.6616.  The purpose of research projects administered 
  1.17  by the board shall be neurological research towards a cure for 
  1.18  spinal cord injuries and their effects.  The members of the 
  1.19  spinal cord injury research board shall include, but not be 
  1.20  limited to, representatives in the fields of neuroscience, 
  1.21  neurology, neurosurgery, neuropharmacology, and spinal cord 
  1.22  rehabilitative medicine and at least two members of the public 
  1.23  with spinal cord injuries.  The board shall be composed of 13 
  1.24  members, seven of whom shall be appointed by the governor, two 
  1.25  of whom shall be appointed by the senate rules committee, two of 
  1.26  whom shall be appointed by the speaker of the house, one of whom 
  1.27  shall be appointed by the minority leader of the senate, and one 
  2.1   of whom shall be appointed by the minority leader of the house. 
  2.2      (b) Board member terms, compensation, and removal are 
  2.3   governed by section 15.059.  Notwithstanding section 15.059, 
  2.4   subdivision 5, the spinal cord injury research board does not 
  2.5   expire. 
  2.6      (c) A majority of the full authorized membership of the 
  2.7   board shall constitute a quorum. 
  2.8      (d) One member of the board shall be chosen by the governor 
  2.9   to serve as chair. 
  2.10     (e) Meetings of the board shall be held at least twice a 
  2.11  year but may be held more frequently as deemed necessary, 
  2.12  subject to call by the chair or by request of a majority of the 
  2.13  board members.  Board meetings shall concern, among other 
  2.14  things, policy matters relating to spinal cord injury research 
  2.15  projects and programs, research progress reports, and other 
  2.16  matters necessary to carry out the intent of this section. 
  2.17     Subd. 2.  [POWERS AND DUTIES.] The spinal cord injury 
  2.18  research board shall: 
  2.19     (1) formulate policies and procedures necessary to carry 
  2.20  out the provisions of this section; 
  2.21     (2) solicit, receive, and review applications from public 
  2.22  and private agencies and organizations and qualified research 
  2.23  institutions for grants from the spinal cord injury research 
  2.24  trust account under section 144.6616 to conduct research 
  2.25  programs that focus on the treatment and cure of spinal cord 
  2.26  injuries.  The board shall make recommendations to the 
  2.27  commissioner of health, and the commissioner may grant approval 
  2.28  of applications for grants from those applications recommended 
  2.29  by the board; 
  2.30     (3) encourage the development of spinal cord research 
  2.31  projects; 
  2.32     (4) ensure that state funds appropriated for spinal cord 
  2.33  injury research are not diverted to any other use; and 
  2.34     (5) provide the governor and the legislature an annual 
  2.35  report by January 31 of each year setting forth the status of 
  2.36  funds appropriated for spinal cord injury research and the 
  3.1   progress of the board in terms of the results of its spinal cord 
  3.2   injury research efforts. 
  3.3      Subd. 3.  [BOARD AUTHORITY.] The spinal cord injury 
  3.4   research board may: 
  3.5      (1) recommend proposed rules to the commissioner regarding 
  3.6   the administration of the board; 
  3.7      (2) employ an executive director and other personnel as may 
  3.8   be necessary; 
  3.9      (3) establish a system for soliciting, evaluating, and 
  3.10  approving proposals for spinal cord research projects; 
  3.11     (4) apply for and accept grants of money from the federal 
  3.12  government; 
  3.13     (5) enter into contracts with individuals, organizations, 
  3.14  and institutions necessary or incidental to the performance of 
  3.15  its duties; and 
  3.16     (6) accept gifts, grants, and bequests of money from 
  3.17  individuals, foundations, corporations, governmental agencies, 
  3.18  and other organizations and institutions. 
  3.19     Sec. 2.  [144.6616] [SPINAL CORD INJURY RESEARCH TRUST 
  3.20  ACCOUNT.] 
  3.21     Subdivision 1.  [ACCOUNT ESTABLISHED.] There is created in 
  3.22  the state treasury an account known as the spinal cord injury 
  3.23  research trust account.  The account shall consist of money 
  3.24  appropriated for its purpose and money collected as penalties 
  3.25  under section 144.663, subdivision 4. 
  3.26     Subd. 2.  [APPROPRIATION.] Money in the account is 
  3.27  appropriated to the spinal cord injury research board for 
  3.28  administrative costs of the board and for funding spinal cord 
  3.29  injury research projects administered by the board. 
  3.30     Sec. 3.  Minnesota Statutes 1998, section 144.662, is 
  3.31  amended to read: 
  3.32     144.662 [TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY 
  3.33  REGISTRY; PURPOSE.] 
  3.34     The commissioner of health shall establish and maintain a 
  3.35  central registry of persons who sustain traumatic brain injury 
  3.36  or spinal cord injury.  The purpose of the registry is to:  
  4.1      (1) collect information to facilitate the development of 
  4.2   injury prevention, treatment, and rehabilitation programs and 
  4.3   serve as a resource for research and evaluation of traumatic 
  4.4   brain injuries and spinal cord injuries and available 
  4.5   services; and 
  4.6      (2) ensure the provision to persons with traumatic brain 
  4.7   injury or spinal cord injury of information regarding 
  4.8   appropriate public or private agencies that provide 
  4.9   rehabilitative services so that injured persons may obtain 
  4.10  needed services to alleviate injuries and avoid secondary 
  4.11  problems, such as mental illness and chemical dependency; 
  4.12     (3) provide a database that indicates the incidence and 
  4.13  prevalence of traumatic brain injuries and spinal cord injuries. 
  4.14     Sec. 4.  Minnesota Statutes 1998, section 144.663, is 
  4.15  amended by adding a subdivision to read: 
  4.16     Subd. 4.  [PENALTY.] A hospital, medical facility, or 
  4.17  physician that does not report a traumatic brain injury or 
  4.18  spinal cord injury as required under subdivision 1 is subject to 
  4.19  a fine of $100 per unreported injury.  A fine sued for under 
  4.20  this subdivision shall be recovered by the spinal cord injury 
  4.21  research board and shall be credited to the spinal cord injury 
  4.22  research trust account. 
  4.23     Sec. 5.  Minnesota Statutes 1998, section 144.664, 
  4.24  subdivision 5, is amended to read: 
  4.25     Subd. 5.  [RULES.] The commissioner shall adopt rules to 
  4.26  administer the registry, collect information, and distribute 
  4.27  data, and administer the spinal cord injury research board.  The 
  4.28  rules must include, but are not limited to, the following:  
  4.29     (1) the specific ICD-9 procedure codes included in the 
  4.30  definitions of "traumatic brain injury" and "spinal cord 
  4.31  injury"; 
  4.32     (2) the type of data to be reported; 
  4.33     (3) standards for reporting specific types of data; 
  4.34     (4) the persons and facilities required to report and the 
  4.35  time period in which reports must be submitted; 
  4.36     (5) criteria relating to the use of registry data by public 
  5.1   and private entities engaged in research; and 
  5.2      (6) specification of fees to be charged under section 
  5.3   13.03, subdivision 3, for out-of-pocket expenses. 
  5.4      Sec. 6.  [APPROPRIATION.] 
  5.5      $3,000,000 is appropriated from the general fund to the 
  5.6   spinal cord injury research trust account for the purposes 
  5.7   specified under Minnesota Statutes, section 144.6616.  The money 
  5.8   is available until expended.